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

Vol. 141 WASHINGTON, TUESDAY, AUGUST 1, 1995 No. 126 House of Representatives

The House met at 9 a.m. and was Mr. Speaker, it is my belief that at tions was an utter and complete fail- called to order by the Speaker pro tem- the current time we have no useful role ure. pore [Mr. CLINGER]. in Bosnia. The fighting is escalating In my view, we must lift the arms f between the various parties. The rel- embargo and encourage the United Na- ative calm in eastern Bosnia has now tions to leave Bosnia. We should take DESIGNATION OF THE SPEAKER become a war zone. The so-called safe every action to limit the fighting in PRO TEMPORE havens have proven to be no such the former Yugoslavia. The United Na- The SPEAKER pro tempore laid be- thing, and only serve to embarrass the tions, NATO, the European Commu- fore the House the following commu- United Nations. Leadership has been nity, and yes, the United States, must nication from the Speaker: completely vacant during this crisis. provide the warring parties every op- WASHINGTON, DC, Machiavelli said that it is better for a portunity to reach a negotiated peace. August 1, 1995. leader to be feared than loved. The I would like to see the fighting I hereby designate the Honorable WILLIAM United Nations has been an utter fail- stopped, but I do not feel it can be F. CLINGER, JR., to act as Speaker pro tem- ure every step of the way trying to get stopped without massive intervention. pore on this day. the parties to love each other. NATO, Mr. Speaker, I received my foreign NEWT GINGRICH, policy training in Vietnam in 1968 and Speaker of the House of Representatives. including the United States, has failed in trying to threaten the parties into 1969. I know how costly a limited f behaving. And now we want the American commitment can mean in terms of the lives of young men and MORNING BUSINESS Bosnian Serbs to believe we will bomb women. I know the cost of doing things The SPEAKER pro tempore. Pursu- them if they do not behave. We have given them no reason to believe that halfway. We have the opportunity to do ant to the order of the House of May 12, just that in Bosnia. We can take lim- 1995, the Chair will now recognize we will back up any threat with action. It is time for us to pull out before we ited actions here and there, and that Members from lists submitted by the will be a tragic mistake. I would en- majority and minority leaders for sacrifice American lives to show we mean business. courage my colleagues to act today and morning hour debates. in the future to prevent American sol- The Chair will alternate recognition How can we let the carnage continue? diers from dying because we decided to between the parties, with each party How can we sit idly by and let the eth- do something halfway. nic cleansing continue? I hear those limited to 25 minutes and each Member f other than the majority and minority concerns over and over again, but I leaders limited to 5 minutes, but in no must ask in response: What can we do CONCERNS REGARDING EFFECTS event shall debate continue beyond 9:50 to truly stop the fighting? I will make OF LABOR-HHS APPROPRIATIONS a.m. one suggestion, if we, along with our BILL The Chair now recognizes the gen- European allies, land 500,000 to 750,000 The SPEAKER pro tempore. Under tleman from Georgia [Mr. NORWOOD] troops in Bosnia and threaten to shoot the Speaker’s announced policy of May for 5 minutes. anyone who gives someone a dirty look 12, 1995, the gentleman from Michigan f or uses harsh language we might be [Mr. KILDEE] is recognized during able to stop the fighting. Is anyone in morning business for 5 minutes. ARMS EMBARGO ON BOSNIA this Chamber ready to support that ac- Mr. KILDEE. Mr. Speaker, I rise Mr. NORWOOD. Mr. Speaker, today’s tion? Neither am I, but I do believe today to express some very grave con- vote to lift the arms embargo on anything short of massive action is cerns regarding the devastating effects Bosnia is undeniably an important one. doomed to failure. that the Labor-HHS appropriations But I would ask my colleagues to take With that in mind, I would make one will have on public education in Amer- a long, hard look at the bigger picture. further recommendation to my col- ica, and that despite the great efforts Lifting the arms embargo is an impor- leagues, if a U.N. pullout can be accom- of my good friend, Chairman JOHN POR- tant step and a step that I will support, plished with the use of only 25,000 TER. but I believe we should not miss this American troops then it can be accom- Since November of last year, we have opportunity to stand up for what we plished without any American troops. been engaged in a robust and very believe in and state clearly what we No mother or father or wife or husband healthy debate about the proper role of think America’s role should be in the should be forced to grieve for a loved the Federal Government in the eco- Balkans. one who died because the United Na- nomic and social life of our country. In

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

H 8069 H 8070 CONGRESSIONAL RECORD — HOUSE August 1, 1995 that debate, I continue to be guided by port we issued as a result of those elec- down there and tell the Haitians how the words of one of this Nation’s great tions. to run their own country is a bit of an humanitarians, the former Vice Presi- Curiously enough now, all the observ- understatement, even for the Washing- dent of the United States, Hubert Hum- ers who have watched those elections ton Post. phrey, who said, ‘‘The moral test of and judged what is going on in Haiti What has happened in Haiti is that, government is how it treats those who have come over to the report that we finally, they have fired the incom- are in the dawn of life, the children, issued and basically been much harsher petent who was running the electoral those who are in the twilight of life, and critical about the process in Haiti council down there, and the opposition the elderly, and those who are in the than even the IRI report. I guess it is parties have all called for the removal shadows of life, the sick, the needy and difficult to be out in front of the pack of the total election council and re- the handicapped.’’ sometimes, but what is important now placed them with nonpartisan people. This bill, which we will take up this is to find out where we are going next. Unfortunately, President Aristide week, Mr. Speaker, I believe represents The commentary in the Washington has not listened to the other political a monumental failure of this test. Over Post yesterday, which I will quite be- parties in the country. He has only lis- the next 7 years, it will cut education cause it is notable that the Washington tened to his own party, and he has re- and training $36 billion. Post has come around to this point of placed the president of the election Now, my Republican friends are fond view, says, quote, ‘‘Early hopes, includ- council with one of his party partisans, of saying that this is a plan that will ing our own, that Haiti was getting up who has no credibility with the others, reward future generations. But what momentum and building an electoral and, consequently, nothing has hap- about this generation, the children in system turn out to have been wrong.’’ pened except we have changed seats Head Start, the children in title I, the That is a very strong admission from one more time. children in the kindergartens and first the Washington Post, which generally We have now still got all of the peo- grades of this country? What price will is very favorable to the Clinton admin- ple except the Aristide people calling they pay, Mr. Speaker? And what price istration’s policy games. for a totally new electoral council and will we as a nation pay for this failure It follows a little bit after the OAS totally new elections. That is not a of vision? commentary that came last week that step forward by any means. Mr. Speaker, I have served on this said that it would be hard to call what On other fronts down in Haiti where committee with responsibility for the happened in Haiti full, fair, free elec- we have invested over $2 billion, $2 bil- children and workers of this country tion. Larry Pasullo, who used to work lion of American taxpayers’ money in for 18 years, and during that time, par- for the Clinton administration as their the last year or so, we have found that ticularly in the field of education, Re- top expert on Haiti, who was fired be- things are not going well either. publicans and Democrats have worked cause they did not like the message he We had a delegation of business peo- together on common ground to was bringing back, has made comment ple who came to my office and the of- strengthen the basic fabric of this com- recently after looking at what hap- fice of many others last week, and they plex and diverse Nation. We have pened in Haiti that there has been no said that, basically, there is nothing worked to provide opportunities for real change there. We still have one- conducive to economic development those willing to use the tools of edu- man rule. It is just a different man, going on. All of the money we are send- cation and work to achieve the rewards and we are not sure we have democracy ing is just being squandered away one of American citizenship. blooming at all. way or another. It is not going to Education has always risen above Dr. Pastor of the Carter Institute, meaningful programs. We are still pouring money in, but partisanship as a shared priority, and who has recently come back, I think the good things that need to happen, it is sad, Mr. Speaker, to say that I be- put the final nail in the coffin. Quoting the reform of the judiciary system, the lieve this bill breaks that covenant be- from the New York Times of last week, encouragement for business, the regu- tween Democrats and Republicans. the Carter Center, normally a strong supporter of President Jean-Bertrand lations that allow for stability and cer- f Aristide of Haiti, said today that last tainty in the banking sectors, those types of things are not happening at WHAT IS NEXT IN HAITI? month’s elections in Haiti were riddled with fraud and that the Clinton admin- all. So, consequently, the score card is The SPEAKER pro tempore. Under istration should not back a series of re- not good, and it is a dim situation. the Speaker’s announced policy of May runs and runoffs that many Haitian po- This is not an ‘‘I told you so.’’ But it 12, 1995, the gentleman from Florida litical parties are threatening to boy- is a good question for the administra- [Mr. GOSS] is recognized during morn- cott. tion. Where are we going and what is ing business for 5 minutes. So it seems that just about every- next in Haiti? Mr. GOSS. Mr. Speaker, I think it is body who gave it a fair assessment un- f very important on a day when we are derstands there is a mess. going to devote in this chamber very Now, we have sent a very high-level CUTS IN LABOR-HHS serious deliberative debate on the sub- delegation down to Haiti. It is curious APPROPRIATIONS BILL ject of whether we are going to get in- they would be going to Haiti rather The SPEAKER pro tempore. Under volved and to what degree in a hostile than Bosnia, where the trouble seems the Speaker’s announced policy of May situation in a place called Bosnia, that to be a little more intense. But, never- 12, 1995, the gentlewoman from Califor- it is important that we also review theless, we have sent the first team ap- nia [Ms. PELOSI] is recognized during where we have troops now that are parently down to Haiti to negotiate. morning business for 2 minutes. somewhat in harm’s way and doing Again, what has happened is that ob- Ms. PELOSI. Mr. Speaker, today, American business overseas in another servers are saying we are acting with a when the leadership brings to the floor area where we have a major investment very heavy hand. This is supposed to be the Labor-HHS bill, or maybe it will be that has been very, very troublesome, a democratic nation emerging in de- tomorrow, it will bring a bill to the although not as attention-getting be- mocracy, making its own decisions floor which has declared war on the cause the atrocities are nowhere near with all the institutions of democracy, American worker. The cuts contained as bad as the genocide we are seeing in including a fair, free, political program in the bill add up to nothing more than Bosnia, the former Yugoslavia. and election process. total disregard for the morale and The place I speak of is Haiti, of Even the Washington Post has come working conditions of the American course. I was there for the 25th of June up, and I will quote again yesterday’s worker. elections and for the International Re- editorial, ‘‘Hence, the dispatch of a Just to review some of the cuts, at a publican Institute as the chairman of high-level American team the other time of globalization, technology caus- the Election Observation Team, and I day to move Haitian electoral reform ing a reduction in the work force as was personally much maligned for the along.’’ It is an intrusive way to do well as downsizing in corporate Amer- way that we operated down there, and delicate business, but the alternative is ica, at a time when the American the IRI was much criticized for the re- worse. To say that it is intrusive to go worker is faced with that uncertainty, August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8071 this bill cuts $446 million in the pro- property, and they were trying to fig- Friends, this is a dumb law. This is gram for dislocated worker assistance. ure out what it was and what to do an unjust law. This is a law that pun- At the same time, it cuts $47 million with it and how it got there. ishes the victim. It is the kind of law in safety and health enforcement. It And in the course of all this activity, that sets neighbor against neighbor cuts employment standards by $25 mil- someone happened to mention to Tom, and makes people question whether we lion, collective bargaining, $58.8 mil- we do not know what it is, but the way, have any idea what we are doing here lion. It does serious damage to the Na- if there has to be a cleanup, you have in Washington. tional Labor Relations Board by cut- to pay for it. It seems only fair that, in these ting it by 30 percent, over $50 million. Tom says, ‘‘What do you mean I have cases, some efforts should be made to How can we be doing this to the Amer- to pay for it? I am the victim. Someone find the polluter and make them pay ican worker at a time when we are dumped this on my property. What do instead of dumping the bill on the struggling to be competitive in the you mean I have to pay for it?’’ property owner; and, frankly, if the world? They said, ‘‘Oh, yes, that is the law. dumper cannot be found, maybe this is America works because we have al- You have to pay for it.’’ a Government responsibility for us to ways had a high regard for the back- He said, ‘‘Aren’t you going to inves- pay for the cleanup. To do otherwise is bone of America, the working class tigate? Aren’t you going to find out to undermine the quick cleanup of people in our country. We have re- who dumped this on my property?’’ these kinds of problems. spected their need for a living stand- Well, maybe we will find that out. Our Nation’s environmental laws are ard, not a minimum standard of wages Maybe we will not. based upon the idea that people want a but a living wage. We have respected So he did his own investigation, and clean environment and are willing to their need for safety in the workplace. he discovered the name on one of the make certain sacrifices to see that that We have respected their need to bar- barrels of a local oil and gas company. happens. To do that, you have got to gain collectively for unfair labor prac- He went to the local oil and gas com- give people some assurance they are tices up until now. pany. He discovered that they had sold not going to be punished for doing the All of our competitors who compete the barrels sometime around Christ- right thing. with us in a favorable way for them re- mastime to a salvage company. My friend, Tom, could have just sim- spect their workers. That is why they He went to the salvage company. He ply taken those barrels back to the succeed. discovered that the salvage company barn and never said anything about it. So what we are doing is not only bad had sold it to a soldier who was getting He wanted to do what was right. He for the individual worker, not only bad ready to be mustered out at Fort Car- could have been punished severely for for our work force, it is bad for our son. doing what was right. Given what he country internationally as we try to He discovered from a little more in- has been through, do you think he is compete. Please stop this war on the vestigation that there was a practice of ever going to do it this way again? We American worker. Vote against the buying barrels, getting a U-Haul trail- must change this kind of nonsensical Labor-HHS bill. er, filling the barrels with water, driv- law. f ing the U-Haul trailer up onto a scale, f getting a weight slip, and then taking RESOURCE CONSERVATION AND the weight slip to the Government, be- WORKER PROTECTION RECOVERY ACT cause the Government will pay you for The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under that last move when you leave the fort. the Speaker’s announced policy of May the Speaker’s announced policy of May So it was a fraud on the Government 12, 1995, the gentleman from Puerto 12, 1995, the gentleman from Colorado that was being perpetrated. The scale Rico [Mr. ROMERO-BARCELO´ ] is recog- [Mr. HEFLEY] is recognized during happened to be half, three-quarters of a nized during morning business for 2 morning business for 5 minutes. mile from Tom’s ranch. So he weighed minutes. Mr. HEFLEY. Mr. Speaker, I would the barrels and brought them and Mr. ROMERO-BARCELO´ . Mr. Speak- like to share with you this morning a dumped them on Tom’s property. It er, the health, safety, and lives of our story of a friend of mine named Tom. was water that was in the barrels, but fellow Americans are severely jeopard- Tom owns a ranch north of Colorado it cost him about $1,500, if I remember ized by the drastic cuts in the enforce- Springs. A few weeks ago, he was on correctly, to find out through the anal- ment budget of the Occupational Safe- his way from the ranch to his place of ysis that it was water, and they said ty and Health Administration. The business, and as he got out toward the initially that it could have cost him up Labor–HHS appropriations bill makes a road, he found—I have forgotten the to $22,000, maybe even more, depending 33-percent cut in Federal OSHA en- exact number—but it seems like it was on what was in those barrels. forcement activities. a dozen barrels, 50 gallon drums, some So with a little work and common Protecting American workers must of which were turned over, some of sense, Tom had solved his mystery. He be a priority. We cannot, we must not which had spilled liquid onto the had saved himself $22,000 or more and be indifferent to their safety. ground. Others had liquid in those bar- proven himself a better and more con- We are speaking of real people. We rels. scientious investigator than the Gov- are speaking of life-and-death situa- And his initial reaction was to go ernment agencies charged with dealing tions: people such as Hector Noble, age back to the house, get the tractor and with the hazardous waste. 31, who was killed when he fell 30 feet the forklift and lift those barrels up All of this was due to a Federal law, from a balcony as he cleaned windows and take them back to the house and the Resource Conservation and Recov- because the guardrail had failed; Jose´ decide what to do with them. ery Act. In those States which have not Makina Moji, 46, who was killed in a 25- Then he thought again and said, no, adopted statutes dealing with the foot fall from a scaffold. The scaffold we ought to do the right thing about cleanup of hazardous waste, RCRA says had not been inspected by OSHA. Juan this. We ought to call somebody in the cleanup costs fall to the owner of Figueroa, age 21, who was crushed to charge and have them come and take a the property where the waste was death when the machine he was work- look at what we have got here. Do not found, and this is called corrective ac- ing with overturned; and Angel Colon know what it is. We ought to take a tion. Canter, age 50, who was killed by an look at it. Now, Tom, the victim, admits that oven rotating system while he was So he called the officials, and within he could have, if he had had to, paid for cleaning a bread oven. He forgot an in- 2 hours, every agency known to man the cleanup. But he wonders, what if strument inside the oven, and when he was out there, practically, some in those barrels had been dumped on the tried to get back inside the oven to re- moon suits. There were ambulances. property of an elderly couple getting trieve it, the rotation system caught There were fire departments. There by on a fixed income? Tom may have and punctured him, causing his death. were sheriff’s deputies. There were been able to handle the cost. The elder- In all these instances the employer highway patrolmen. Everybody you ly couple might have bankrupted as a was either indifferent or he was too could imagine was out there on Tom’s result of it. greedy to invest in his worker’s safety H 8072 CONGRESSIONAL RECORD — HOUSE August 1, 1995 or just plain negligent. Will we in Con- ing mode. Why? Because in marking up ted, was based almost solely on propa- gress look away and let workers be in- the Labor–HHS–Education appropria- ganda brochures passed out at the jured and/or killed by their employer’s tion bill, they began what many of us Democrats’ big lie meeting. The paper greed, indifference, or negligence? believe is the killing of the American never bothered to check the facts with These are family tragedies, and I can- dream by slashing programs that help any member of either one of the con- not imagine that the families and young people prepare for the future. gressional committees with jurisdic- friends of these individuals see any They eliminate our investment in the tion over Medicare or anyone else that valid or compelling reason to reduce future. might be able to clarify facts for this OSHA enforcement funds. Such cuts as- They cut Head Start. They cut stu- story. sault the average working American dent loans. They cut bilingual edu- This irresponsible journalism does a families, and we all pay the price. cation. They cut special education. huge disservice to my constituents and f They cut summer jobs for youth. They others around the Nation and only cut title I. They cut safe and drug-free makes the business of saving Medicare GOVERNMENT REFORM FIELD schools. They cut education for home- just that much harder. HEARINGS less children and youth. But American seniors should not be The SPEAKER pro tempore. Under And, as long as they were cutting, as concerned with what the Democrats the Speaker’s announced policy of May they cut taxes for the rich, and the are telling them as what the Demo- 12, 1995, the gentleman from California rich get richer, and the poor get poor- crats are not telling them. Although it [Mr. HORN] is recognized during morn- er. Eventually, I believe, only the chil- probably was not mentioned at this ing business for 2 minutes. dren of the rich will be able to attend weekend’s meeting, Medicare is facing Mr. HORN. Mr. Speaker, it is appro- college, to compete in the classroom, an enormous crisis. priate that you are in the chair during to get a job at a decent wage. The Medicare Board of Trustees, these comments. We, as you know, Mr. Speaker, that does not project which includes four Clinton-appointed went out to Cleveland, Ohio, on July 14 the promise of a better tomorrow for Cabinet members, made it clear that to hold the first of the town-meeting- anyone. Medicare is going broke and will be type field hearings by the Committee I have a question. Is that the real bankrupt in just 7 years. So unless on Government Reform and Oversight, agenda? Congress does something to help the which you chair. The hearing was de- f system, there is not going to be any signed as an open forum where experts SPEAKING TO SENIORS ABOUT Medicare at all. in the private sector, such as the exec- MEDICARE Democrats are not being honest with utive vice president of TRW, and those the seniors. They will throw out lies The SPEAKER pro tempore. Under in the public sector, such as the mayor and use scare tactics, but when it the Speaker’s announced policy of May of Philadelphia, and the average Amer- comes to the facts, they have nothing 12, 1995, the gentleman from Texas [Mr. ican taxpayers in an open forum could to say. SAM JOHNSON] is recognized during voice their views on creating a new 21st Now I am going to turn 65 myself this morning business for 5 minutes. year, and I am really worried that century Government. Mr. SAM JOHNSON of Texas. Mr. One of the witnesses that testified there are people like this in this Con- Speaker, I am absolutely disgusted before the committee membership was gress, people who would rather play with the lies and misinformation com- the treasurer of the State of Ohio, J. partisan games than sit down with us ing from the Democrats about Medi- and figure out how to help today’s sen- Kenneth Blackwell, who indicated care. This past weekend, Democrats iors and future seniors in America by that, ‘‘The Federal Government enjoys held town meetings with seniors to saving Medicare. access to world capital markets that so spread fear about the Republican ef- So to the seniors in Dallas I say, I am far has been unlimited. We have been forts to save Medicare. One was held in sorry that you have been dragged into fortunate that foreign investors and my hometown of Dallas. central banks still have sufficient con- I find it unconscionable that these this political maneuvering. This issue fidence in the strength of our Nation’s Democrats can tell seniors that Repub- is really too important to be left to economy to purchase much of our debt. licans are cutting Medicare when our politics as usual, and I assure you, with It is unclear, however,’’ he said, ‘‘that budget increases Medicare spending by or without the Democrats, we are this situation will continue. The Fed- 5.8 percent every year over the next 7 going to pass a bill this year that will eral credit card may be reaching its years. Yes, you heard me right. Medi- protect, preserve, and strengthen Medi- limit.’’ care spending increases by 5.8 percent care for everyone in America. As Members of Congress, we live with every year per patient. Spending will f constant reminders of the staggering increase from $4,800 in 1995 to $6,700 in SAFETY, EDUCATION, AND TRAIN- Federal deficit. The fact remains that the year 2002; and that is more of an in- ING FOR AMERICA’S WORK our national deficit is four times the crease than your usual annual wage in- FORCE size it was just two decades ago. The crease. It is not a cut, and anyone who time of inefficiencies and waste is over. says it is either needs to take math The SPEAKER pro tempore. Under The time for change is now. The Com- over again or try to lie better. the Speaker’s announced policy of May mittee on Government Reform and The worst part of this big lie cam- 12, 1995, the gentlewoman from Califor- Oversight, under your leadership, is paign is that the news media has fallen nia [Ms. WOOLSEY] is recognized during dedicated to restructuring our current right into their hands. The Dallas morning business for 3 minutes. wasteful and inefficient Federal Gov- paper did not even bother to cover Ms. WOOLSEY. Mr. Speaker, this ernment agencies and creating a 21st Medicare meetings that were held in HHS bill is worse than I ever thought century Government that will be a reli- Dallas earlier with over 300 seniors at possible. This bill will go down in his- able source of service to all for many each of three different meetings. tory because it marks the beginning of generations to come. I was there. I held them. We dis- the end of the Federal Government’s f cussed the problems with Medicare and role in education and training. It is talked openly about the possible solu- sweeping and radical legislation which EDUCATION CUTS tions with seniors. guts our education system, weakens The SPEAKER pro tempore. Under I know seniors have the experience workplace safety and makes a mockery the Speaker’s announced policy of May with Medicare necessary to provide us of our efforts to get families off wel- 12, 1995, the gentleman from California with good ideas for reform. So instead fare. It makes college education almost [Mr. MARTINEZ] is recognized during of holding meetings to scare them impossible for not only the very poor, morning business for 11⁄2 minutes. about Medicare, I am making them but also for the working poor and for Mr. MARTINEZ. Mr. Speaker, some part of the solution. And I think the middle-income families. would say that the new majority lead- seniors deserve that. This bill ignores the Government’s ership has gone way beyond mean-spir- This newspaper chose to run an arti- responsibility to educate our kids. It ited and is now in a cold-blooded kill- cle which, as the reporter freely admit- makes it impossible for mothers to get August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8073 off welfare and into jobs. It forces edu- law for more than a half a century. The Every single year, the trustees of the cation and training to take a back seat National Labor Relations Board pro- different trust funds have got to make to tax breaks for fat cats and special tects this right and resolves disputes a report, and this is their report, and it interests. between employers and employees. is not just the Medicare trust fund. It Mr. Speaker, with this bill, the new Even without 1 hour of hearing, this is also the Social Security trust fund majority has declared war on our chil- appropriations bill, by cutting funds, and the disability insurance trust fund. dren and war on our workers. It must undermines the ability of the National The one that is the most telling and be defeated. Labor Relations Board to protect the problematic is the Medicare trust fund, I have heard from workers across the rights of working men and women and and it is absolutely the job of every re- country about the new majority’s ef- by legislative proviso ties their hands sponsible legislator in this body to fort to weaken workplace health and regarding enforcement. Unfair labor both read this, take it seriously, and do safety rules. Over and over again, practices brought to the Board will something about it. spouses, parents, and children tell me languish, violations of law will go un- This is also not a partisan issue. It is that they are willing to see some of checked, and labor disputes will be pro- not a partisan document. This is a doc- their taxes go toward enforcing health longed. ument that was signed by three mem- and safety rules so that they can be as- Anyone with experience in business bers of the President’s Cabinet, Sec- sured that their loved ones will come knows that timeliness is crucial to retaries of Labor, HHS, and Secretary home from their jobs in the mines and both employers and employees in the of the Treasury, Mr. Rubin, and it was other dangerous jobs, so they come resolution of labor disputes. When dis- also signed by Shirley Chater, who is home at night safe and sound. putes linger, productivity suffers, the Commissioner of Social Security, The majority, however, do not see it workers suffer, and families suffer. also another Presidential appointee. that way. The Labor-HHS appropria- This is not about protecting a bu- If it is a partisan document, then it tion bill makes it clear that the new reaucracy. It is about protecting work- is a Democrat partisan document. It is majority would rather invest in a tax ing people, people who get up every certainly not a Republican partisan break for the wealthy few than in edu- morning and go to work to face hazard- document, and it says very clearly, in cation, training, health, and safety for ous working conditions or unfair treat- plain language that every American American workers. ment. It is about protecting their abil- should read, the Medicare trust fund is In fact, if this HHS bill passes, they ity to band together and petition for going broke. It is going to be without will be showing a triple feature down decent working conditions and decent money. It is bankrupt next year. It is at our local theaters in the near future. wages. without any money in 7 years. It is It will be called ‘‘Dumb and Dumber’’ The Republican bill is a blatant at- spending more than it takes in next with ‘‘Sick and Sicker’’ and ‘‘Poor and tempt to get rid of longstanding pro- year. It is exhausted in 7 years. Poorer.’’ And let me say to my col- tections for working men and women That is under not the worst-case sce- leagues, it is not going to be a bargain in this country. I urge my colleagues nario, according to the trustees. That matinee. No doubt about it. This to vote against this repudiation of the is under the middle scenario, and it sweeping and radical legislation is rights of working people. does not take into account the real problem that comes forward in about going to harm American workers and f the year 2020 when people of my age, cost this Nation dearly in the long run. Mr. Speaker, like I said earlier, the MEDICARE RHETORIC baby boomers, become eligible for So- cial Security and Medicare. faults of this bill are much too numer- The SPEAKER pro tempore. Under ous to mention. I urge all Americans the Speaker’s announced policy of May f who care about the health and safety 12, 1995, the gentleman from Ohio [Mr. EFFECT OF PROPOSED OSHA CUTS and the education and training of HOKE] is recognized during morning The SPEAKER pro tempore. Under workers and for all of their loved ones business for 3 minutes. the Speaker’s announced policy of May to tell their representatives to oppose Mr. HOKE. Mr. Speaker, I was ap- 12, 1995, the gentleman from New York this dangerous bill. palled this weekend when, having [Mr. OWENS] is recognized during morn- thought that perhaps we were going to f ing business for 5 minutes. bring a lowered style of rhetoric to the Mr. OWENS. Mr. Speaker, the war on PROTECTING THE RIGHTS OF debate on Medicare, in fact, what hap- WORKERS workers and families in America will pened is that the administration be escalated this week when the Health The SPEAKER pro tempore. Under brought out, along with some of the and Human Services and Education ap- the Speaker’s announced policy of May liberal Democratic leaders of the Con- propriations bill reaches the floor of 12, 1995, the gentlewoman from Hawaii gress, they trotted out the big lie again the House. [Mrs. MINK] is recognized during morn- for the centerpiece of their campaign For all matters concerned with work- ing business for 3 minutes. to save Medicare, or is it the center- place protections, this Republican ap- Mrs. MINK of Hawaii. Mr. Speaker, I piece of their campaign to smear and propriations bill is not focused on ap- join today in decrying the Labor, attack Republicans? propriations. This is, instead, a stam- Health, Human Services, and Edu- It seems to me that what has hap- pede into radical authorizing legisla- cation appropriations bill. We will be pened here is we have gotten into an tion. The authorizing Committee on funding the Labor Department, and in incredibly demagogic style of rhetoric Economic and Educational Opportuni- what the bill provides, it is an outright regarding Medicare, and it is just not ties is rendered obsolete by what the attack on working men and women right. It simply is not fair to senior Committee on Appropriations is doing. throughout this country. The Repub- citizens that we should be dealing in a The antiworker, antiunion Republican lican majority is using this appropria- partisan way with what is clearly a overlords have chosen to bypass the au- tions bill to circumvent the appro- policy problem. It is a problem for ev- thorizing process and implement their priate legislative process in order to erybody who is 65 or older, or whoever war against the workers by cutting the push through an antiworker agenda. thinks that they might be 65 or older, funds for OSHA, MSHA, and NIOSH. The 30-percent cut in funding of the because it is a problem with the fun- We have also provisions which re- National Labor Relations Board and damental question of whether or not quire that OSHA cannot use but two- language restricting the Board’s au- we are going to be able to pay for the thirds of its funds, present funds, for thority to use its enforcement tools is Medicare program based on the way enforcement activities, cuts the en- a direct attack on the basic rights of that it is projected to go forward at forcement budget by 33 percent. It also employees to organize unions. this time. cuts out economically targeted invest- The right of workers to join together It is very clear from this summary, ments. It bans the use of such funds as one unit and bargain collectively for which is a status report; what it is is a from the pension funds for economi- better wages, health care, and other summary of an annual report that has cally targeted investments. benefits and safe working conditions to be made to the President and to It allows 14 year olds to load bailers has been an integral part of American Congress as a matter of law. and compactors, although as recently H 8074 CONGRESSIONAL RECORD — HOUSE August 1, 1995 as 1994 a man was killed in a compac- making Government work must labor strong stand on violence in our public tor. It moves into such minute detail to promote the general welfare and do schools. The Safe-and-Drug Free as removing the requirement that min- everything possible to make it easier Schools Program helps every one of ers are not allowed to drive as part of for Americans to engage in the pursuit Rhode Island’s 37 school districts to their work. of happiness. Congressmen and Con- create a safe learning environment. Na- It micromanages with dollars. By gresswomen should not plot to murder tionally, this program has enabled 39 micromanaging with the dollars, the OSHA and MSHA. million students feel a little bit more Appropriations Committee will stream- Speaker GINGRICH defines politics as secure as they walk the halls of their line and accelerate the dirty work war without blood. However, the kind schools. which was begun already by the au- of politics being pushed by the Repub- Republicans claim that they stand thorizing committee. lican death and injury appropriations for an American where every individual The goal of the oppressive elite act is very much a life-and-death mat- has the opportunity to compete. This is overclass is to take control of the situ- ter. Children will lose fathers. Wives not the America that the Republicans ation through the appropriations proc- will lose husbands. Parents will lose have shaped in this bill, however. If ess. What they want to do is create a sons and daughters. Americans will die education is the springboard to oppor- level playing field for the worst com- as a result of these reckless changes tunity, then this bill causes our Nation pany bosses in America. The goal is to being proposed to dismantle OSHA. to fall farther and farther behind. This reduce American workers to the level This brand of politics is too extreme. bill slams shut the door of opportunity of the desperate, nearly enslaved work- This kind of political war is too deadly. on our youth and our future. ers of Bangladesh or the Chinese prison f As Secretary of Education Riley has laborers. stated, ‘‘The American people do not Spend no significant money on the OPPOSITION TO EDUCATION CUTS support efforts to close the budget defi- health and safety of workers. That is The SPEAKER pro tempore. Under cit by widening the education deficit’’. the goal. Turn all American workers the Speaker’s announced policy of May I urge my colleagues to reject this into urban serfs or suburban peasants. 12, 1995, the gentleman from Rhode Is- short-sighted bill. Let us not turn our This is the final solution. This is the land [Mr. REED] is recognized during back on our future. The cuts contained ultimate goal. Total control is the Re- morning business for 3 minutes. in this bill will devastate millions of publican goal. Mr. REED. Mr. Speaker, the Amer- children and families. I urge my col- OSHA enforcement, as I said before, ican people believe that Federal sup- leagues to oppose this bill. has been cut by 33 percent. That is one- port for education represents the most f third for enforcement. Already, we valuable investment we can make in only have enough inspectors to inspect our Nation’s future. Yet, throughout RECESS American businesses once every 86 this Congress, Republicans have re- years. With the kind of work force they The SPEAKER pro tempore. There peatedly targeted programs that help have, they can only inspect every busi- being no further requests for morning our students reach their full potential. ness establishment once every 86 years. business, pursuant to clause 12, rule I, The Labor-HHS bill cuts an unprece- They wanted to cut that by one-third. the House will stand in recess until MSHA, cut by 7 percent. NIOSH, dented $4 billion from education fund- 10:00 a.m. which does research on new and dan- ing, taking Federal investment in edu- Accordingly (at 9 o’clock and 48 min- gerous chemicals, is cut by 25 percent. cation to its lowest level since 1989. utes a.m.), the House stood in recess And, where have the Republicans The National Labor Relations Board is until 10 a.m. cut by 30 percent, all of this in the ap- begun their assault on education? They f propriations bill to carry out the will have begun the assault on our young- b 1000 of the Republican overlords in their est, most vulnerable children. To bene- fit fully from schooling, all children war against labor. AFTER RECESS need to come to school ready to learn. Congress must be concerned about The recess having expired, the House the health and safety of all American Perhaps more than any other program, was called to order by the Speaker pro workers. The blind and furious ideo- Head Start is about our future. This tempore (Mr. DUNCAN) at 10 a.m. logical war being waged by the Repub- legislation would deny 180,000 children lican party against the Nation’s labor access to Head Start over the next 7 f years. unions has impelled the Republicans PRAYER into a search and destroy mission This legislation also targets poor and against OSHA. This attack places all disadvantaged students who need help The Chaplain, Rev. James David American workers in harm’s way. the most to improve their academic Ford, D.D., offered the following pray- There will be a large number of cas- performance. I find it ironic that Re- er: ualties. Already more than 56,000 publicans want to withdraw support for As we seek to follow Your command, American workers die each year as a title I at the same time that they are O God, to do justice and love mercy, we result of accidents on the job or from attempting to abandon affirmative ac- are grateful that Your word provides a disease and injuries they suffer in the tion programs. Democracy is condi- vision and an insight into the people workplace. Passage of legislation de- tioned on fairness and equal oppor- we ought to be and the paths we should signed to disable OSHA will greatly es- tunity. Enacted in 1965, title I of the take. Even as we pray for diligence and calate this unfortunate body count. Elementary and Secondary Education vigor to walk the way of justice, we Speaker GINGRICH has recently pro- Act was part of a powerful demand that pray also for a sense of humility in all claimed that politics is war without American society live up to its ideals we do, knowing full well that our words blood. The reality is that the Repub- by extending equal opportunity to all. fall short of Your will and our work lican war on OSHA will provide pain This program sends money to more can easily miss the mark. May not ar- and suffering, and in many instances than 1 million disadvantaged students rogance cloud our efforts, but let us their scorched earth assault on OSHA who need help to achieve in school. If walk the ways of life with humility and will also produce blood. Among the equal opportunity does not begin here, grace. Amen. 56,000 casualties last year, there were then were does it begin? Today, this f 10,000 who bled and died at the work program represents the largest Federal site as a result of a horrible accident. investment in elementary and second- THE JOURNAL There is a contract on the life of ary education and enables millions of The SPEAKER pro tempore (Mr. OSHA. Reform is no longer the objec- children to receive the extra help they DUNCAN). The Chair has examined the tive of the Republicans. Vengeance is a need in reading and math. Journal of the last day’s proceedings goal, but vengeance only belongs to Learning is difficult in schools where and announces to the House his ap- God. students fear for their safety or drug proval thereof. Members of Congress who want to use is widespread. I was proud to be a Pursuant to clause 1, rule I, the Jour- dedicate their efforts to the task of part of the last Congress that took a nal stands approved. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8075 PLEDGE OF ALLEGIANCE minute and to revise and extend his re- Mr. PAYNE of New Jersey. Mr. The SPEAKER pro tempore. Will the marks.) Speaker, among the unkindest cuts for gentleman from North Carolina [Mr. Mr. HOYER. Mr. Speaker, 31 years working men and women was the 25- ago, Kitty Genovese cried out for help BALLENGER] come forward and lead the percent reduction to the National In- House in the Pledge of Allegiance. as she was raped in New York. Thirty- stitute for Occupational Safety and Mr. BALLENGER led the Pledge of eight neighbors heard her cries, but out Health. I suppose some Members have Allegiance as follows: of fear or irresponsibility, not one went never heard of NIOSH. Neither has the to her aid. The next morning, she was I pledge allegiance to the Flag of the Heritage Foundation which mistakenly United States of America, and to the Repub- found dead. reported that NIOSH duplicated the lic for which it stands, one Nation under Today, Bosnia cries out for help. She functions of OSHA—the Occupational God, indivisible, with liberty and justice for asks only that her neighbors allow her Safety and Health Administration. all. to defend herself. NIOSH is the only Federal agency Her women have been raped, her chil- f charged with conducting research to dren orphaned, her homes stolen, and identify the causes of work injuries and MESSAGE FROM THE SENATE her men massacred. All this by men diseases and develop approaches by branded by our country and the inter- A message from the Senate by Mr. which workers can be protected. OSHA national community as war criminals. Lundregan, one of its clerks, an- does not conduct research, although nounced that the Senate had passed And she wonders why the mighty, moral West watches, and waits, and de- they rely on it. without amendment a bill of the House Every day 17 Americans die from of the following title: bates. Kitty Genovese is not in Bosnia. work injuries and illnesses. Every week H.R. 2017. An act to authorize an increased But, genocide resides there now. 67,000 workers are disabled by work- Federal share of the costs of certain trans- Let us act today to lift the arms em- place injuries and illnesses. portation projects in the District of Colum- bargo to give beleaguered Bosnia a bia for fiscal years 1995 and 1996, and for What is more disappointing is the other purposes. chance. fact that most of these illnesses and in- f f juries are preventable. Many problems still exist in the workplace and need to ANNOUNCEMENT BY THE SPEAKER MEDICARE: AMERICAN SENIORS be researched. PRO TEMPORE KNOW THE DIFFERENCE BE- TWEEN AN INCREASE AND A DE- In 1991, NIOSH eased public concern The SPEAKER pro tempore. The CREASE over an unknown hazard. At that time, Chair will entertain five 1-minutes per there were over 7 million women oper- (Mr. BILBRAY asked and was given side. ating video display terminals [VDT’s] permission to address the House for 1 f and there had been widespread concern minute and to revise and extend his re- that the cause of the highly publicized REAL SAVINGS IN marks.) clusters of miscarriages among work- Mr. BILBRAY. Mr. Speaker, I am APPROPRIATIONS BILLS ers were caused because of exposure to just a freshman. I grew up on the Mexi- VDT’s. (Mr. HOKE asked and was given per- can border. I thought I knew what bi- mission to address the House for 1 lingualism was. Now that I am here in But thanks to NIOSH, these stories minute.) these Chambers, I think we need to have happy endings. NIOSH published Mr. HOKE. Mr. Speaker, we passed warn the American people that what the definitive report that found no con- another appropriations bill last night, we hear here in the House is not Eng- nection between VDT’s and mis- the VA–HUD bill. It saved $10.5 billion. lish, it is Washingtonese, when our col- carriages. The NIOSH relieved anxiety I am going to put the line here and we leagues on the other side of the aisle of both employers and workers. will fill it in with green later. What we talk about cutting Medicare. f can see so far is that we have now Mr. Speaker, it is absolutely absurd saved $24 billion, approximately, in the when we look at the numbers, in that DEMOCRATS IN DENIAL appropriations bills this year. what is being proposed by the Repub- REGARDING MEDICARE The one thing I want to point out lican majority is for each recipient’s (Mr. BALLENGER asked and was about this in our Sav-O-Meter is that Medicare funds to go from $400 a month given permission to address the House these are real savings. These are not to $561 a month. In plain English, that for 1 minute.) Washington, DC, inside-the-beltway is an increase. Only in Washington and Mr. BALLENGER. Mr. Speaker, de- savings. There are actual savings over only with the Democratic minority spite all their pious concern over Medi- what we spent last year, not against a could they call that a decrease. baseline, not against some bureaucrat’s Mr. Speaker, I think that seniors of care, Democrats have chosen a path projection of what we might spend next the United States know an increase that most definitely will render Medi- year, but this is actually money less and know a decrease when they hear it. care bankrupt by the year 2002. Demo- than what we spent last year. I just hope that when they hear the mi- crats have chosen the path of denial. In the agriculture bill we will spend nority speaking on the other side of They deny the existence of this report $6.3 billion less in the appropriations the aisle about a cut on Medicare that by three of Bill Clinton’s own Cabinet for 1996. In Treasury, it will be $1.4 bil- they start remembering that is Secretaries. They call for immediate lion less; in Interior; $1.6 billion less; Washingtonese for meaning that we are action to save Medicare from bank- energy and water, $1.6 billion less; and not going to spend three times the rate ruptcy. then last night, VA–HUD, $10.5 billion of inflation on providing health care. But Democrats deny that Medicare is less. No consumer should allow his or her going bankrupt. That is relief for the American tax- Medicare or health care to increase In fact, the minority leader himself payer. That is getting close to a bal- three times faster than inflation. What has called this report a hoax. That’s anced budget. That means we are not we are talking about, Mr. Speaker, is a right. The Democrats don’t even want going to be taxing our children, in the commonsense approach to increasing to hear the advice and warnings from most immoral act that this Congress our funding, but trying to control the the people who run Medicare, who are has ever done, for the debt that we overhead. themselves Democrats in the Presi- throw on them. f dent’s Cabinet. f Mr. Speaker, denial is a dangerous A 25-PERCENT REDUCTION IN path to follow. Medicare is going bank- LET US ACT TO GIVE BOSNIA A OSHA BUDGET IS UNKIND AND rupt, the numbers are not lying, and we CHANCE: LIFT THE ARMS EM- DANGEROUS need to take action now to preserve BARGO (Mr. PAYNE of New Jersey asked and Medicare for millions of seniors who (Mr. HOYER asked and was given was given permission to address the depend on it. We simply cannot afford permission to address the House for 1 House for 1 minute.) to ignore the warnings of this report. H 8076 CONGRESSIONAL RECORD — HOUSE August 1, 1995 CUT IN LABOR-HHS APPROPRIA- to increase spending per recipient from What is the problem? Could it be that TIONS IS ASSAULT ON AVERAGE $4,800 today to $6,700 in the year 2002. there is a huge split in the Democrat WORKERS AND THEIR FAMILIES We are also probably going to have op- Party? That is part of it, but I think (Mr. KLINK asked and was given per- tions on Medisave accounts, a choice of there is something more going on. This mission to address the House for 1 doctor, managed care plans, and so report undercuts the minority leader’s minute.) forth. effort to scare the American public Mr. KLINK. Mr. Speaker, this week I think the most important thing for about Medicare. Mr. Speaker, it is the Labor-HHS appropriations bill is right now is for us to acknowledge that truly sad that the liberals in Congress going to be taken up by this House. Medicare is going broke. It is a biparti- are more concerned about dema- This really, Mr. Speaker, is an assault san problem. We welcome the ideas of goguery and deception than about sav- on average American working persons all the Democrats, Republicans, and ing Medicare for our children and our and their families. senior citizens throughout our great grandchildren. This bill will come to the floor with country. f a cut of 31 percent in enforcement for f health and safety protections. At a CALLING FOR FULL HEARINGS ON time when 55,000 American workers a EDUCATION CUTS NEVER HEAL NAFTA BEFORE PLANNING A year are killed on the job, when tens of (Mr. BAESLER asked and was given NAFTA EXPANSION thousands more are permanently dis- permission to address the Houses for 1 (Ms. KAPTUR asked and was given abled each year from work-related in- minute.) permission to address the House for 1 juries and diseases, we are going to cut Mr. BAESLER. Mr. Speaker, as we minute and to revise and extend her re- the agency that enforces worker safety begin to consider the Labor-HHS-Edu- marks.) by 33 percent. cation appropriations bill, I am re- Ms. KAPTUR. Mr. Speaker, most There is a cut in the dislocated work- minded of the oft-quoted and fore- Members do not know, tomorrow the ers’ program of 31 percent. Now I hap- boding statement in the 1983 report ‘‘A Subcommittee on Trade of the Com- pen to come from an area where, in 13 Nation at Risk’’: mittee on Ways and Means is going to counties in southwestern Pennsylva- If an unfriendly foreign power had at- do it to United States workers again: nia, about 150,000 workers were dis- tempted to impose on America the mediocre to strike a deal to add Chile to NAFTA, located from the manufacturing indus- educational performance that exists today, and then bring the matter up here for tries. We have to retrain those work- we might well have viewed it as an act of a vote under a closed rule, with no op- ers. We are trying to cut back on wel- war. As it stands, we have allowed this to portunity for us to amend. The sub- fare, we are trying to make sure that happen to ourselves. We have even squan- committee has been so secretive that dered the gains in student achievement made people have work at a time that we are even members of the subcommittee saying if you are dislocated because in the wake of the Sputnik challenge. More- over, we have dismantled essential support were only given the legislation last your company shuts down or because systems which helped make those gains pos- Friday, late in the afternoon. something else has happened, that we sible. We have, in effect, been committing an This is just the latest example of are not going to retrain you for work act of unthinking, unilateral educational what is wrong with U.S. trade policy: anymore. We are going to cut that disarmament. the handiwork of a few powerful people back by 31 percent. The spending bill that we are asked behind closed doors without full de- Mr. Speaker, all the worker safety is to consider is nothing less than a con- bate, and little public participation, being cut, including MSHA, which has tinuation of this disarmament. We are and at the last minute, with no oppor- really cut down on the number of mine being asked by our colleagues on the tunity for us to fully debate or amend. deaths. In the 25 years before MSHA other side of the aisle to cut spending Full debate is a precondition to rep- was created in the late 1960’s, over on education and training by $36 billion resentative democracy. 12,000 miners were killed. In the 25 over 7 years—$520 million in cuts to For this reason, I and 50 of my col- years since then it is about 2,000. These Kentucky alone. Ask any kid what cuts leagues, Republicans and Democrats, are the kinds of cuts American workers are. They know cuts hurt. We are being are requesting full hearings to be held cannot afford. asked to believe that these are the on the NAFTA record to date by the f kind of cuts that can heal this Nation. Committee on Ways and Means before I believe these are the kind of cuts that expanding any proposed NAFTA accord MEDICARE REFORM IS A will never heal. They will be with us to include yet another country. Amer- BIPARTISAN ISSUE for generations to come. ica cannot afford billions more of trade (Mr. KINGSTON asked and was given f deficit and hundreds and hundreds of permission to address the House for 1 thousands of more lost good-paying minute and to revise and extend his re- DEMAGOGUERY AND DECEPTION jobs. America cannot afford another marks.) ON MEDICARE bad trade agreement. Mr. KINGSTON. Mr. Speaker, it has (Mrs. SEASTRAND asked and was f been almost 4 months now that the given permission to address the House trustees of the Medicare plan, the Clin- for 1 minute and to revise and extend BOSNIA-HERZEGOVINA SELF- ton trustees, have come out with a re- her remarks.) DEFENSE ACT OF 1995 port saying that Medicare is going Mrs. SEASTRAND. Mr. Speaker, this Mr. DIAZ-BALART. Mr. Speaker, by broke in the year 2002. About 2 months weekend on ‘‘Meet the Press’’ the mi- direction of the Committee on Rules, I ago President Clinton said: nority leader referred to this document call up House Resolution 204 and ask We cannot leave the system the way it is . . . when you think about what the baby as a hoax. This is the Medicare trust- for its immediate consideration. boomers require . . . that’s going to require ees’ report. It was not written by con- The Clerk read the resolution, as fol- significant long-term structural adjustment. servatives, it was not written by Re- lows: We’ll have to look at what we can do there. publicans, but was written by the very H. RES. 204 But the main thing we can’t do—we can’t people who run Medicare, who are Resolved, That at any time after the adop- have this thing go broke in the meanwhile. charged with administering the pro- tion of this resolution the Speaker may, pur- I think, certainly, this is a very sig- gram. It is even signed by three of the suant to clause 1(b) of rule XXIII, declare the nificant thing for all of us to realize, President’s Cabinet Secretaries: Robert House resolved into the Committee of the that Congress must, No. 1, fix Medi- Rubin, Robert Reich, and Donna Whole House on the state of the Union for care. No. 2, we have got to do it in a Shalala. In case the minority leader consideration of the bill (S. 21) to terminate fair way. It cannot be done on the back had not noticed, none of the aforemen- the United States arms embargo applicable to the Government of Bosnia and of one group over another one. No. 3, tioned are conservative or Republican. Herzegovina. The first reading of the bill we have to save the system by Indeed, most Washington insiders shall be dispensed with. General debate shall strengthening it and preserving it. The would consider them liberal Demo- be confined to the bill and shall not exceed proposal that we have in our budget is crats. three hours equally divided and controlled August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8077 by the chairman and ranking minority mem- hour to provide for further discussion ereign, independent nation that is rec- ber of the Committee on International Rela- of this critical issue. ognized by the international commu- tions. After general debate the bill shall be Mr. Speaker, the House has already nity, that is a member of the United considered for amendment under the five- spoken on the issue of lifting the arms Nations, and yet, in violation and con- minute rule. The bill shall be considered as embargo during consideration of H.R. read. No amendment shall be in order except travention directly of article 51 of the an amendment in the nature of a substitute 1561, the Overseas Investment Act. On U.N. Charter, it has not been allowed offered by the Minority Leader or his des- June 8 of this year, the House voted that most fundamental of the rights of ignee. That amendment shall be considered overwhelmingly, 318 to 99 in favor of an any state, which is the right of self-de- as read, shall be debatable for one hour amendment to require the President to fense. equally divided and controlled by the pro- unilaterally lift the arms embargo Mr. Speaker, NATO and the United ponent and an opponent, and shall not be against Bosnia upon receiving a re- Nations have failed completely to en- subject to amendment. At the conclusion of quest for assistance from that govern- force the Security Council resolutions consideration of the bill for amendment the ment. which authorized the use of force to de- Committee shall rise and report the bill to the House with such amendment as may Mr. Speaker, the issue can wait no fend the so-called safe havens and to have been adopted. The previous question longer. That is why we need to act this get humanitarian assistance through shall be considered as ordered on the bill and week on an amendable bill that has al- to the people who need it in Bosnia. As any amendment thereto to final passage ready passed the Senate so that it can Margaret Thatcher stated in a letter without intervening motion except one mo- go straight to the President without just last week to Senator DOLE, the tion to recommit with or without instruc- the need for a conference. At this time proponent of this very important meas- tions. The motion to recommit may include I would like to thank the distinguished ure in the Senate, ‘‘The safe havens,’’ instructions only if offered by the minority gentleman from New York [Mr. GIL- Margaret Thatcher wrote, ‘‘were never leader or his designee. MAN], the chairman of the Committee safe. Now they are actually falling to Mr. DIAZ-BALART. Mr. Speaker, for on International Relations, as well as Serb assault. Murder, ethnic cleansing, purposes of debate only, I yield the cus- the gentleman from New Jersey [Mr. mass rape, and torture are the legacy tomary 30 minutes to the gentleman SMITH], the gentleman from Maryland of the policy of the last 3 years to the from California [Mr. BEILENSON], pend- [Mr. HOYER], and other colleagues who people of Bosnia. It has failed utterly.’’ ing which I yield myself such time as I have worked tirelessly to bring an end Mr. Speaker, we owe it to the vic- may consume. During consideration of to what I believe is the ethically un- tims, we owe it to the victims of Serb this resolution, all time yielded is for justifiable arms embargo on Bosnia. aggression at the very least to have purposes of debate only. Mr. Speaker, the arms embargo on them obtain at least the possibility of (Mr. DIAZ-BALART asked and was Bosnia, as the Speaker knows, was arming themselves, to defend them- given permission to include extraneous morally questionable from the very be- selves against what is without any material in the RECORD.) ginning and I believe that legally it doubt one of the most brutal forms of Mr. DIAZ-BALART. Mr. Speaker, was questionable from the very begin- aggression that the Western World has House Resolution 204 is a structured ning as well. witnessed since the Holocaust. If the rule providing for the consideration of It was the Yugoslav regime, the re- international community is not willing S. 21, a bill to terminate the U.S. arms gime in Belgrade, over 3 years ago to defend the Bosnian people, at the embargo on Bosnia and Herzegovina, when that country was already in an very least we should not prohibit them the Bosnia-Herzegovina Self-Defense obvious process of disintegration that from defending themselves. That is the Act of 1995. In addition to the 1 hour asked the U.N. Security Council to im- essence of the argument, of the ex- for debate on this rule, the rule pro- pose an arms embargo on what at that tremely important argument, that the vides for 3 hours of general debate, time was Yugoslavia. What happened Congress will be debating today. equally divided and controlled by the consequently was that months after- Despite the fact that we have so chairman and ranking minority mem- ward, when Yugoslavia broke up and many important measures that we ber of the Committee on International the independent states of the former have to discuss and debate and vote Relations. It also makes in order an Yugoslavia achieved independence, and upon this week, despite the fact that amendment in the nature of a sub- in fact Bosnia was recognized as a this is probably the busiest week since stitute, if offered, by the minority member nation of the United Nations, we have been in Congress since Janu- leader or his designee, which would be the arms embargo that had been ap- ary, we are setting aside 5 hours today debatable for 1 hour, equally divided plied to Yugoslavia was consequently to debate this issue which very pos- between the proponent and an oppo- applied to the independent states of the sibly, Mr. Speaker, may be the most nent. former Yugoslavia. critical issue that Members of this Now, the objective of the aggressors body will have an opportunity to vote b 1020 in Belgrade, I believe, Mr. Speaker, was on during this session of Congress. If the minority chooses not to offer a clear from the beginning. Inheriting If I may very briefly address three ar- substitute, the additional hour allo- the great overwhelming majority of guments that are used pretty consist- cated for a substitute may be added to the resources, of the equipment of the ently against the lifting of the arms the general debate time by mutual former army of Yugoslavia, the armed embargo against Bosnia. agreement. forces of Yugoslavia and having in We will hear the argument, Mr. House Resolution 204 also provides, mind the goal of the so-called greater Speaker, that by lifting the arms em- Mr. Speaker, for one motion to recom- Serbia, a Serbian empire, Mr. Speaker, bargo, we would be abandoning, in ef- mit which, if including instructions, which would include great portions of fect, the people of Bosnia because the may only be offered by the minority what is now the independent and sov- United Nations and NATO have said leader or a designee. ereign and recognized by the inter- that they oppose the unilateral lifting I believe that the time allocated for national community state of Bosnia, of the arms embargo by the United the discussion of S. 21 is sufficient and the goal was, in effect, to have a situa- States. I think the key there is to ask it was arrived at in a fair and judicious tion imposed by the international com- the elected Government of Bosnia what manner. The Committee on Rules munity where the hands of the new they think. Ask the elected Govern- originally considered providing 1 hour State of Bosnia would be tied, where ment of Bosnia, the democratic Gov- on the rule, 2 hours for general debate, they would be in effect not capable of ernment of Bosnia if they think that and 1 hour on a substitute, but at my arming themselves against overwhelm- by the United States unilaterally lift- suggestion, and I would like to thank ing superiority by the aggressor, by the ing the arms embargo, they would feel the gentleman from New York [Mr. army controlled by Belgrade, by the re- abandoned, or whether they feel aban- SOLOMON], the chairman, and all of the sources that came from the former doned today, when the U.N. Protec- distinguished members of the Commit- Communist Yugoslavia. tions Forces are there either as spec- tee on Rules for their gracious consid- So what we have seen is really a very tators or as hostages, Mr. Speaker. eration, the committee increased the profound injustice, Mr. Speaker, that What kind of protection is a force that general debate time by an additional has been perpetrated upon a new, sov- is actually taken hostage by the thugs H 8078 CONGRESSIONAL RECORD — HOUSE August 1, 1995 and the aggressors from Belgrade and United Nations and of NATO in effect, will go straight to the President and it their allies within the Bosnian state? the promise to the people of Bosnia, will, I think, strengthen his hand when A second argument that we hear has been but a farce and it is time that he deals with the Europeans that have often is that we will be fragmenting, we admit it today. imposed the policy of appeasement, that we will be hurting the unity of Third, the argument is, if we let the have imposed the policy that makes NATO and of the U.N. Protection Bosnians arm themselves, that will Neville Chamberlain look like Rambo, Force. I think the key there, Mr. prolong the war. I submit, Mr. Speaker, Mr. Speaker, upon the disarmed and Speaker, is the question that follows: that it is inherently immoral to say defenseless people of Bosnia. How can you pursue peacekeeping, that. That contemplates that the war I submit that this is an extraor- which is what specifically and offi- will inevitably be won by the aggres- dinarily important vote that we are cially the mission of the United Na- sors, that the Serbs will soon overrun going to take today. This is a fair rule, tions in Bosnia is, peacekeeping, how all of Bosnia, kill all of the refugees and I would ask that all of the Mem- can you pursue peacekeeping when and destroy all the targets that they bers not only realize the importance of there is no peace? I think the answer to are seeking to destroy beforehand, and the vote today but favorably consider that question is self-evident. The mis- that by letting the Bosnians arm them- and vote for the resolution. sion of NATO is not possible as it is selves, we will be prolonging the war. conceived, there is no peacekeeping That argument, I maintain, is inher- Mr. Speaker, I believe that House and even the safe havens that were of- ently immoral. Resolution 204 is a correctly and fairly fered to the Bosnian people, here are So I go back to the essential. What is structured rule to provide for the thor- six safe havens, give up your heavy the Government of Bosnia asking the ough consideration of S. 21, and I would arms and you will be safe even though United States to do? The Government urge its adoption. safe havens now are being attacked by of Bosnia is asking us to pass this bill Mr. Speaker, I submit the following the Serbs and two of them have already today and when we pass this bill today, data from the Committee on Rules for fallen, Mr. Speaker. The policy of the there will be no need for conference, it inclusion at this point in the RECORD: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of July 31, 1995]

103d Congress 104th Congress Rule type Number of rules Percent of total Number of rules Percent of total

Open/Modified-open 2 ...... 46 44 40 73 Modified Closed 3 ...... 49 47 13 23 Closed 4 ...... 9 9 2 4 Totals: ...... 104 100 55 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of July 31, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95) H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95) H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95) H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95) H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95) H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps...... A: 242–190 (3/15/95) H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95) H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95) H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95) H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95) H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95) H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95) H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95) H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95) H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95) H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95) H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95) H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95) H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95) H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95) H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95) H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95) H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95) H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95) H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95) H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95) H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95) H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps...... PQ: 236–194 A: 234–192 (6/29/95) H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95) H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95) H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95) August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8079 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of July 31, 1995]

H. Res. No. (Date rept.) Rule type Bill No. Subject Disposition of rule

H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95) H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95) H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95) H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95) H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95) H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95) H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95) Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. Speaker, I reserve the balance of uted the bulk of the troops on the week’s U.N. agreement to simplify the my time. ground in Bosnia; and to avoid, if pos- chain of command to allow military Mr. BEILENSON. Mr. Speaker, I sible, the insertion of U.S. troops on commanders to make the decisions as yield myself such time as I may the ground there. to whether and when air strikes should consume. Needless to say, the policies under- take place an opportunity to take ef- Mr. Speaker, the rule before us pro- taken by ourselves and our allies and fect. We shall all be back here 1 month vides for consideration of what is clear- the United Nations have not been en- from now and should these new policies ly one of the most significant foreign tirely successful, although it is fair to which have been agreed upon and policy measures that we will be taking say that our involvement together has reached amongst ourselves and our al- up in the foreseeable future—the bill undoubtedly lessened the amount of lies and the United Nations not be suc- requiring the President and the Amer- fighting and the amount of death and cessful or carried out to our satisfac- ican participation in the United Na- dislocation that would otherwise have tion, there will be time enough then for tions-imposed arms embargo on the occurred. us to undertake this unilateral action. Government of Bosnia and Herzegovina But we have known from the begin- I say this, Mr. Speaker, as one who could very well mark the beginning of ning that this was and is a terribly along with a good many of our col- our direct involvement in this tragic complex and difficult problem to help leagues in this body has felt strongly conflict. solve and although each of us has his for some time now, in the case of many As the gentleman from Florida has or her own ideas about what we might of us since late 1991 and early 1992, that explained, the rule provides for 3 hours have done differently at various times the Serbs will not be deterred until fi- of general debate. It also makes in during these past few years, most of us nally they believe and are made to un- order one amendment in the nature of have hesitated to criticize too harshly derstand that they will suffer real dam- a substitute to be debatable for 1 hour. either Mr. Bush or Mr. Clinton as they age and real pain and real casualties if Should no substitute be offered, that who had the awful and final respon- they continue their aggression. hour will be available for general de- sibility as President to forge U.S. pol- bate. icy and quite possibly commit U.S. Every time they believed they would Mr. Speaker, our main concern in troops grappled with the twin difficul- suffer retaliation, they have hesitated, fashioning the rule was that enough ties of responding in an effective way but tragically they have succeeded in time be provided so that Members on to the problems on the ground while at calling our bluff time and again. both sides of the aisle have an adequate the same time trying to remain a part Our argument now is that we seem to opportunity to offer their arguments of and supportive of the multilateral have finally a policy that will in fact and to hear the opinions and the argu- efforts of which we are a part to con- inflict the necessary kind of damage in ments of other Members. tain the conflict. response to their continuing these out- We would have preferred 6 hours of It is precisely that concern that sug- rageous assaults upon humanity. It debate time. Many of us felt that a full gests to many of us that this week is would be foolish of us not to give this day of debate was necessary for a meas- not the time to take up this resolution. policy, which many of us have argued ure this momentous. We do hope very It is extremely important in the long for now for a long time, a chance to much that every Member who has a de- run that we not undertake unilateral work. sire to be heard during this important action that may leave us with unilat- It cannot hurt to say once more that debate is given the opportunity to eral American responsibility in the every one of us who has taken the time speak in the 5 total hours of time that area, and especially at a time when, as to think seriously about and argue are provided under this rule. the gentleman from Indiana [Mr. HAM- through the various policy alternatives Mr. Speaker, we support the rule, al- ILTON] argued before the Committee on available to us understands that each though as I have just stated we would Rules on Friday afternoon, ‘‘We have of them carries with it its own grave have preferred that some more time be just reached major new decisions with risks and that none is certain of suc- available for debate. our allies and with the United Nations cess. It thus seems to many of us that Mr. Speaker, it may not be necessary that will give the United Nations one the wise and sensible thing to do now is to restate the obvious, but perhaps it good last chance to more effectively to take no action that might prevent would be useful to do so. From the be- carry out its mandate in Bosnia. We the successful functioning of our newly ginning, the policy choices for the now have a different strategy and we arrived at policy and worse yet perhaps United States and our NATO allies need time to make it work. This is not force us to break with our closest allies have been difficult, and each has been a matter of months, but weeks.’’ in our mutual attempt to solve this fraught with substantial peril. The al- As appealing as lifting the embargo problem together and leave us with an ternatives available to us are probably is, we all know that the hoped for re- unwanted and potentially dangerous fewer in number and less propitious sults of getting adequate additional unilateral responsibility for undertak- today than they were 3 or 4 years ago. heavy armaments to the Bosnian Gov- ing further actions without the in- From the beginning, our goals have ernment will take a good many volvement of others that may nec- been to end the fighting and the barba- months, and we all know that the with- essarily be required by our unilaterally rism throughout the former Yugo- drawal of U.N. troops that our taking lifting the arms embargo. slavia; to do so, if at all possible, as a such an action will precipitate is likely Mr. Speaker, as I mentioned earlier, contributor to multilateral efforts itself to require the insertion of U.S. we support the rule. through the aegis of the United Na- troops on the ground while they with- tions to end the tragedy; to act in con- draw. It would seem that the prudent Mr. Speaker, I reserve the balance of cert with and in support of our Euro- policy just now would be to give the my time. pean allies who in their own way have newly arrived at agreement between Mr. DIAZ-BALART. Mr. Speaker, I sought to take the lead in responding the United Nations and NATO to com- yield 2 minutes to the gentleman from to the situation and who have contrib- mit to a serious air campaign to halt Florida [Mr. GOSS], my distinguished any further Serb aggression and last colleague on the Committee on Rules. H 8080 CONGRESSIONAL RECORD — HOUSE August 1, 1995 (Mr. GOSS asked and was given per- What America’s policy will be as set by trenches and tying gas masks here be- mission to revise and extend his re- the Congress of the United States. cause of a quarrel in a faraway country marks.) Mr. Speaker, President John Ken- between people of whom we know noth- Mr. GOSS. Mr. Speaker, I thank my nedy, in his first inaugural address ing.’’ friend and my colleague the gentleman said, ‘‘To those people in the huts and All of us learned the lessons of the from Florida [Mr. DIAZ-BALART] for villages of half of the globe struggling neglect and negligence at that time. yielding me this time. I hope his dis- to break the bonds of mass misery, we The result was called a Holocaust and, trict and mine remain safe from Hurri- pledge our best efforts to help them- Mr. Speaker, it tragically is happening cane Erin and all others remain safe selves, for whatever period is required, today in Bosnia and Herzegovina. from Hurricane Erin bearing down on not because the Communists may be The Bosnians do not want our sol- us. doing it, not because we seek their diers. Prime Minister Silajdzic said in Mr. Speaker, I rise in support of this votes, but because it is right.’’ a letter, ‘‘Throughout this conflict we rule and the bill, S. 21. I am most Let me repeat that, Mr. Speaker. have never asked for American or for- grateful to the leadership of this ‘‘Because it is right.’’ eign ground troops to fight for us. We House—and to Chairman GILMAN—for That is what we are about today; do not need them. We have both the the prompt work undertaken to ensure doing what is right. Helping the manpower and the will to fight for our- that this House has a debate and a vote Bosnian people break the bonds of mis- selves.’’ on the subject of the escalating atroc- ery. We can do this by voting to allow Mr. Speaker, let this body show the ity that is Bosnia and Herzegovina. No them the right, the inherent right of a Bosnian people that we too have the doubt, the gruesome and abhorrent re- nation to defend themselves as explic- will to do what is morally and ethi- ality of death, destruction, and itly stated in article 51 of the U.N. cally right and allow them to defend debasement of human life in Bosnia, Charter. themselves. Mr. Speaker, using another quote, presents enormous challenges as does In that regard, Mr. Speaker, I rise in ‘‘For two centuries,’’ one of our Presi- working through the ponderous inter- strong support of this rule and legisla- dents said, ‘‘America has served the national machinery now is use. tion which would lift the arms embargo world as an inspiring example of free- Although no one believes that resolv- against Bosnia and Herzegovina. dom and democracy. For generations, ing this terrible crisis is an easy task, Mr. Speaker, 318 of the Members of America has led the struggle to pre- there is at least one clear and obvious this body voted on June 8, just a little serve and extend the blessings of lib- step that the United States should be short of 2 months ago, to lift the arms erty. And today, in a rapidly changing taking, namely lifting the arms embar- embargo. Since that vote, the so-called world, American leadership is indispen- go and allowing the Government of safe havens, of Srebrenica and Zepa, sable. Americans know that leadership Bosnia to exercise its right to self-de- which were designated safe havens by brings burdens and sacrifices. But we fense. The administration seems to be the United Nations, the mightiest na- also [know] why the hopes of humanity arguing that it was all wisdom and tions on the face of the earth, have turn to us. We are Americans. We have that Congress should not participate in been overrun by the Serb forces. Fighting rages around another safe a unique responsibility to do the hard any resolution of this tragedy—but the work of freedom,’’ he said. ‘‘And when haven, Bihac, and the shelling of Sara- administration has long had its chance we do, freedom works.’’ jevo continues. The West’s response to do the right thing on its own—and That was President George Bush in its policies have failed to do the job. was to draw the line at Gorazde, allow- his State of the Union Address in Janu- I am proud that this House, following ing Serbian forces to amass at the ary 1991. the lead of the other body, will dem- other safe havens and threaten to over- Today, Mr. Speaker, this body has a onstrate that we are not afraid to run these areas as well. unique and compelling responsibility stand up for what is moral and what is Since that June 8 vote, 24 Bosnian to do the hard work of freedom. Let us right. We will direct the President to and Croatian Serbs, including Bosnian give the Bosnian people the oppor- lift the arms embargo against the Serb leader Karadzic and his military tunity to pursue their freedom from Bosnian Government, something we chief, General Mladic, have been in- their aggressors. I would hope that my should have done some time ago. I am dited by the international community colleagues would vote for this rule. pleased that Chairman SOLOMON and for war crimes, including that of geno- Vote for S. 21. It will be a vote for the our Rules Committee responded to this cide. This is not a personal opinion; right of an internationally recognized urgent need—even at a time when our this is not an opinion of our Govern- sovereign Nation to defend itself. committee time and time on the floor ment or other governments; this is an In closing, Mr. Speaker, let me read is at such a premium—and developed a opinion of the U.N. tribunal. We are from a letter to Haris Silajdzic, The fair rule that allows significant debate, dealing with international felons and democratically elected prime minister while ensuring an opportunity for the war criminals. of Bosnia. He says this in a letter dated minority to present an alternative of This body should not retreat from yesterday: ‘‘Since before the very first their choice. Support this rule and sup- that overwhelming vote on June 8. attacks on our population more than 3 port S. 21. Some Members say it was an easy vote years ago, we have been prepared to for them, but now this measure is real. fight to defend ourselves. Tragically, b 1040 It is a free-standing piece of legisla- the arms embargo against our country Mr. BEILENSON. Mr. Speaker, I tion. To retreat from the House’s over- has ensured that this conflict be a yield such time as he may consume to whelming support to lift the embargo slaughter rather than a war.’’ the distinguished gentleman from would send yet another signal to the ‘‘The Arms Embargo,’’ he goes on to Maryland [Mr. HOYER] who has been in- Serbs that the United States has drawn say, ‘‘must be terminated and a bal- volved personally in this matter. another line in the sand, dared the ance of power be effected on the Mr. HOYER. Mr. Speaker, let me rise Serbs to cross it, and then ourselves ground. Only then,’’ he says, ‘‘will the first and say that I do not believe this fallen back to a new position. genocidal spiral end.’’ He closes with is an issue of the President’s policy; It seems to me, Mr. Speaker, that this, Mr. Speaker. ‘‘On behalf of our neither President Clinton nor Presi- what we are encountering is similar to people, I appeal to the American Gov- dent Bush. Frankly, I think that Presi- a scene dating back to the 1930’s when ernment, the American people, and dent Bush should have moved more de- yet another dictator sought to carve up their elected representatives to untie cisively at the beginning, but let me a neighboring country in the name of our hands and to prove, once again, say that I thought President Bush was ethnic unity. It occurred in Munich in why America is the leader of the demo- right at the time. We both made a mis- 1938. It was called, rightly, ‘‘appease- cratic world. In the name of morality, take. ment.’’ lift the arms embargo. Sincerely, Haris President Clinton, in 1992, spoke At the outset of the crisis in Czecho- Silajdzic, Prime Minister’’ of the demo- strongly of the strike-and-lift policy slovakia, one European leader re- cratic, internationally recognized, sov- that he wanted to see our country pur- marked, ‘‘How horrible, fantastic, in- ereign nation of Bosnia and sue, but the issue is what we do today; credible it is that we should be digging Herzegovina. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8081 Mr. DIAZ-BALART. Mr. Speaker, I of the Foreign Affairs Committee dur- Let me just put a little flesh and yield 5 minutes to the gentleman from ing the previous Congress, and as blood on what this means, what some New York [Mr. GILMAN], the chairman chairman of our International Rela- of these numbers represent. Mr. Speak- of the Committee on International Re- tions Committee, I have become fully er, the following is from the July 31, lations and one of the great leaders of aware of the tremendous level of out- 1995, edition of Newsweek magazine: this Congress who continuously proves rage and frustration which most of our This past week at a crossroads in the precisely that it is the American peo- Members share because of the continu- mountains outside Srebreica, Sabaheta ple who are the moral leaders of the ing humiliation of the United Nations Bacirovic saw 500 men on their knees. They world. and our own Government, and the on- were Bosnian Moslem prisoners. Their arms (Mr. GILMAN asked and was given going victimization of the Bosnian peo- were tied behind their heads and their Ser- permission to revise and extend his re- ple. Today, we will have an oppor- bian captors forced them to march by shuf- marks.) tunity to fully examine this proposal fling along on their knees. The Serbs taunted Mr. GILMAN. Mr. Speaker, I want to and its implications for the Bosnian Mrs. Bacirovic and the women traveling with thank the gentleman from Florida [Mr. people. her. They were all driven out of Serbrenica Accordingly, I urge our Members to when the Moslem enclave fell on July 11. DIAZ-BALART] and the gentleman from ‘‘These are your husbands,’’ she recalled Florida [Mr. GOSS] and the gentleman support this rule and bring this ur- them saying. ‘‘There is your army. We will from Maryland [Mr. HOYER] for their gently required measure to the floor. kill them all.’’ strong supporting statements on behalf Mr. BEILENSON. Mr. Speaker, I of this measure. yield such time as he may consume to Mr. Speaker, they can kill them, be- Mr. Speaker, I rise in strong support the distinguished gentleman from Vir- cause they are unarmed, because we of this rule on S. 21 which will allow ginia [Mr. MORAN]. have insisted upon this arms embargo. the House, for the third time in 14 Mr. MORAN. Mr. Speaker, there have Mrs. Bacirovic realized that her hus- months, to debate the critical issue of been few situations in modern history band was not among them. He had al- terminating the unjust arms embargo that have been as cruel and unjust as ready been executed. Other women who that has been imposed, with our Gov- this, when people who could have walked this trail of tears out of ernment’s support, on the Government changed it chose not to. The United Srebrenica saw heaps of dead men, and people of Bosnia and Herzegovina. Nations designated six areas in Bosnia their throats slit, piled up beside the The position of the House is clear—we that were to be safe enclaves. In fact, roads; 9 out of 10 of them were un- had a vote on this question in early when people came into those enclaves, armed. They were shot at and shelled June where an amendment to our State they were disarmed. We agreed to that. by the Serbs every step of the way, bro- Department and foreign assistance au- We are the principal financial con- ken into segments. When the stragglers thorization directing the President to tributor to the United Nations. We con- caught up, they saw piles of corpses terminate the arms embargo was tribute more than any other country. with their throats slit. We have been contributing almost a adopted by an impressive, overwhelm- Mr. Speaker, 9,000 men were killed as third of all the money that supports ing 3-to-1 ratio. a result of the Serb’s overtaking this However, the measure which we will the United Nations. So it was our word, enclave. This death march was the consider today, S. 21 under this rule, as well as the U.N.’s word, that these worst massacre in Europe since the will upon approval, go directly to the people would be safe. Nazi era. Trickery led some of them to Nine out of ten of them were un- President’s desk for his approval or his their deaths. The Serbs had white armed. In fact, those who had arms had veto. This measure will allow the Con- tanks that were made to look like U.N. only small arms that were of no use gress as a whole to speak clearly, with- vehicles. They had ‘‘U.N.’’ painted on against heavy artilleries that the Serbs out ambiguity of our distaste, and our them, and with bullhorns they urged have had in their possession and have the Bosnian to come out of the moun- revulsion for the maintenance of an un- used for the last 3 years. just, immoral, and entirely misguided Mr. Speaker, it is a cruel irony, in tains and surrender. arms embargo which has penalized the fact, that the arms embargo was never One of the Bosnian Moslems said, victims of aggression and prolonged a intended to apply to Bosnia. It was in- ‘‘We knew it was really the Serbs.’’ Mr. conflict which the international com- tended to apply to those States within Alija Omerovic watched as some of his munity has been powerless to bring to Yugoslavia that had as many heavy companions walked down and tried to an end. arms as they wanted to use; Serbia and surrender and were shot down by the The legislation introduced and adopt- Croatia and Slovenia. They all had ac- armored car’s machine gun. ed in the Senate by Majority Leader cess to arms, but we knew Bosnia did Some of the victims were mutilated, DOLE is a responsible measure—it al- not, and yet we imposed an arms em- often with noses and ears cut off. A lows the Government of Bosnia to bargo on Bosnia as well. When it be- company commander was found, Enver choose between having the U.N. peace- came clear it was only effectively ap- Alaspahic, lying on a path. This is the keepers remain or having the embargo plying to Bosnia, we would not lift it. company commander. His face had terminated by the United States. It Now, for 3 years we have stood by as been cut open to the bone in the shape avoids the charge that we who support tens of thousands of people have been of an Orthodox cross. He begged the lifting the embargo would precipitate a slaughtered. scout to kill him. The scout said he withdrawal of the United Nations from We have almost 2 million refugees could not do it and left him there. Bosnia, because it explicitly says that floating around Europe that have been Many of the atrocities have been the embargo will be lifted only after displaced. About 40,000 women have committed by the black-clad members the Bosnian Government has formally been raped. That is a large number, but of the Serbian Volunteer Guard. These requested the United Nations to de- it has been a tactic of this war; to rape are followers of a thug known as part. Moreover, it provides flexibility women, defile them, to shame the fam- Arkan. A woman whose husband and to the President to the degree that the ily, to break the spirit of the Bosnian brother were among the missing safety of UNPROFOR troops or our people, partly because they are Mos- own forces that may be involved in as- lems, partly because it is a multiethnic marchers said she saw Serbs in black sisting a withdrawal. secular democracy, and that, of course, bandanas pull a pair of 12-year-old twin This rule is a fair one. It provides for is a threat to any dictator like Mr. boys off a refugee bus. This is a U.N. a counterproposal to be considered if Milosevic who is a hard-line, old-line refugee bus that we finance, we are re- one is offered by any Members opposing Communist. sponsible for. They slit their throats, termination of the embargo. Most im- And so we set up six enclaves. Now, slit the throats of the two twins, as portantly, this rule provides for an in the last few weeks, we have let those their mother tried vainly to trade her ample allotment of time—3 hours, for enclaves be overrun. In the process of life for theirs. our Members to speak out and fully overrunning them, hundreds of women b 1100 consider this issue. Having been in- have been raped, hundreds of people volved with the question of this embar- have been viciously tortured, thou- Later the mother tied herself to a go for 3 years as both ranking member sands of people have been massacred. tree limb and hanged H 8082 CONGRESSIONAL RECORD — HOUSE August 1, 1995 herself. We saw that on TV. People at fast action, we can do that by passing President has committed and some of the time said they did not know why this legislation, today. the leaders on the Republican side have she had hanged herself. They have now Mr. Speaker, Bosnia is on the ropes. committed that we would commit found out. And who would not? Its army is being pushed back. Its pop- 25,000 troops or more to help these peo- These are the kinds of atrocities that ulation is undergoing terrific hard- ple leave the conflict area. The next are occurring. While it is awkward and ships, death and destruction, as we vote is not going to be that easy, be- makes us uncomfortable to talk about have been told here this morning dur- cause you are going to have to vote for them, they are real, they are happen- ing this debate. authorization to authorize us to send ing today, and we are complicit in The civil war in Bosnia has now en- 25,000 American troops to that part of their happening unless we act. tered its fifth year. More than 200,000 the world for a conflict that I do not General Arkan has a long history. He people have been killed; 2 million more think that the American people are had eight convictions by Interpol, mur- are refugees, driven from their homes. going to support putting Americans on ders, and yet he was armed by the The Bosnian Moslems have taken the the ground and in harm’s way in this Serbs in Serbia. He rounded up the worst of it even though their army is event. worst, most vicious thugs that they twice the size of the Bosnian Serbs’. And I would just like to ask why, if could find, sent them into Bosnian vil- The Bosnian Army has some 150,000 sol- you are going to lift this, unilaterally lages, told them, ‘‘You can go into diers while the Bosnian Serb forces are lift the arms embargo, why is it not these homes, you can shoot the men, about 60,000 strong. Why, then, are the part of the legislation that you tell the you can rape the women. I will not go Moslems losing this war to a smaller whole picture, that you go through the into what they did to the women, but it army? whole scenario, that you are going to boggles the imagination that people Certainly, part of the answer is the eventually have 25,000 or more Amer- could be so vicious and inhuman. They military leadership on the part of the ican troops committed to the conflict? threw these families out of their Bosnian Army. But the Serbs make up Mr. DIAZ-BALART. Mr. Speaker, homes, took all the possessions that for their smaller army with much bet- will the gentleman yield? Mr. HEFNER. I yield to the gen- they could, and went through village ter equipment. What has caused this tleman from Florida. after village, ethnically cleansing difference? It is the embargo which has Mr. DIAZ-BALART. I think it is im- prevented the Bosnian Army from ob- these villages. That was the policy, and portant, No. 1 to concentrate on legis- taining the heavy weapons that are es- it has worked. It never should have lation before us today. I want to be sential if the Moslems are to have a worked at this time in the 20th cen- specific with regard to the last section chance to turn back the Serbs. tury, when the United States has the of the bill which reads: military power, has the moral power to The original purpose of the arms em- bargo was to stop the fighting, like Nothing in this section shall be interpreted prevent this kind of slaughter, this as authorizing for deployment of United kind of ethnic genocide. We committed putting out a fire by cutting off the ox- States forces in the territory of Bosnia for ourselves to do that, not just when we ygen. But it has not worked out that any purpose, including training, support or erected the Holocaust Memorial, but way. delivery of military equipment. when we learned of the slaughter of 6 In reality, the embarge has shifted Now, that is important to realize million Jews because they were Jews, the course of the conflict against the that is in this bill. The gentleman and now we see the slaughter of over Moslems. By maintaining the embargo, brings up other possibilities in the fu- 200,000 Moslems because they are Mos- we have been a silent partner in the ture. lems. Most of them are innocent civil- Serbian aggression. The result is that Mr. HEFNER. Reclaiming my time, ians. It never, never should have hap- the Serbs now control 70 percent of that is the easy vote. That is the easy pened. Bosnia. vote, that we are not going to have Let me just quote the last point that The embargo should have ended last anybody go in with the equipment that the gentleman from Maryland [Mr. year when the House first voted to lift we send in. We are not going to have HOYER] made. This is a quote from the embargo. It should have ended anybody go and show them how to use Prime Minister Haris Silajdzic, who months ago when the House voted a the equipment. It is easy to make that just today sent us a letter, all of us, ad- second time to free Bosnia from its vote. But once you do this, you are dressed specifically to the gentleman shackles. Now, before it is too late, the going to have to have some commit- from New Jersey [Mr. SMITH] and the House must act and the President must ment from somebody; if we supply the gentleman from Maryland [Mr. HOYER]. sign this bill into law. armaments to them, you cannot just It says: Mr. Speaker, the first step is for the send it in. It is going to take a month On behalf of our people, I appeal to the House to adopt this rule, to vote for or longer. You cannot just send equip- American Government, the American people, the rule and for this bill. Let us at ment in and say, ‘‘Here it is guys.’’ and their elected representatives to untie least give the Bosnians a fighting They have no experience. Somebody is our hands and to prove once again why chance. This bill will accomplish that going to have to take this responsibil- America is the leader of the democratic goal. ity. That is going to be a tough vote to world. In the name of morality, lift the arms Mr. BEILENSON. Mr. Speaker, I make in this House, to vote to author- embargo. yield 3 minutes to the distinguished ize American troops to go in as advis- Mr. DIAZ-BALART. Mr. Speaker, I gentleman from North Carolina [Mr. ers or as help to get the United Nations yield 3 minutes to the gentleman from HEFNER]. forces out. That has not even been Wisconsin [Mr. ROTH], a tireless fighter (Mr. HEFNER asked and was given talked about in this legislation. It has for human rights throughout the world permission to revise and extend his re- not even been mentioned. and a member of the Committee on marks.) You can make the votes to unilater- International Relations. Mr. HEFNER. Mr. Speaker, what I ally lift the embargo. You can make Mr. ROTH. Mr. Speaker, I thank the would like to do at this time is raise a the votes to the last part of your bill gentleman for yielding me this time. question to anybody who would wish to that says no Americans can be involved Few, if any, issues are more impor- answer the question. I have listened in any capacity. tant and more urgent than the legisla- very closely to the debate today. Mr. DIAZ-BALART. They are not au- tion that is addressed in this rule. The It is not going to be hard to vote to thorized at this point. purpose of this legislation is to give lift the embargo. That is going to be a Mr. HEFNER. Then where do you go the Bosnian Moslems one last chance very popular vote, to vote to lift the from there? to defend themselves and save their embargo, very popular. Mr. DIAZ-BALART. If the gentleman country from the Serb onslaught. Now, the next step is what if the will yield, the gentleman brings up Under this rule, the Senate-passed United Nations forces, if the Bosnian some possibilities with regard to the measure would be brought up for an up- Government says, ‘‘We want you to future and points to this vote being an or-down vote. This means that we can leave. We have lifted the embargo, we easy vote. I do not think it is an easy send this bill directly to the President want you to leave, you have got to get vote to say that the world community, tonight. So, for those of us who want out,’’ we have already committed, the in fact, has acted immorally for over 3 years. That is not an easy vote. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8083 There is a lot of speculation that we U.S. ground troops on the ground.’’ British pull out, the United States is can engage in with regard to the fu- That is absolutely ridiculous. That is going to deploy troops into Bosnia to ture. But what is true is the world has saying we cannot do anything unless withdraw and actually face a defeat.’’ acted immorally, and we are solving we do everything. So the vote we are casting is actually that problem with this vote. Is it our policy that victims should to defeat the U.S. forces or to defeat Mr. HEFNER. This is not specula- be kept defenseless? This has encour- the United Nations. tion. It is going to be a fact. aged attacks. If we do not believe in The policy change that has been Mr. DIAZ-BALART. Mr. Speaker, I putting U.S. ground troops on the made is a key factor here. The Presi- yield 31⁄2 minutes to the gentleman ground, what should our policy be? dent has said, well, the dual authority from California [Mr. ROHRABACHER], a Again, lifting the embargo. for bombing is gone. We now have mili- distinguished member of the Commit- No. 2, we have the airpower, the air- tary-to-military to be able to using tee on International Relations, who is power needed to deter the Serbian ag- bombing in order to reinforce the peo- a genuine freedom fighter for the best gression and the Serbian genocide. I ple on the ground. That is important. causes throughout the world and has am not talking about using that air- This a key. We no longer are going to been throughout his political career. power against little emplacements in be concerned about it; we are no longer Mr. ROHRABACHER. Mr. Speaker, I Bosnia. The answer is lift the embargo, going to stop fighting because of hos- have been in Washington, DC, since bomb Serbia, bomb Serbia. This will tages. That is obviously an important 1980, when I came here with Ronald not cost innocent civilian lives in Ser- change in policy. In the United States, Reagan as a member of his White bia. We can destroy their military ca- we will use massive air power in order House staff, and I can tell you we did pability. We can bomb Serbia. They to stop the Serb aggression around the not end the cold war by being afraid to will get the message without killing enclaves, and negotiation is going for- act. Every time Ronald Reagan tried to any of their innocent civilians. We can ward. do anything, he was told, ‘‘You cannot destroy their military capacity. For us to lift the embargo sends ex- do this, because there are going to be No. 3, we should take Mr. Milosevic actly the wrong signal. There is no serious repercussions.’’ We would still into custody and try him for his war worse signal we could send because the be in the middle of the cold war if we crimes. Those things are within our ca- French and the British would imme- took that kind of advice. pacity. We need not commit 50,000 U.S. diately withdraw, and I say to the The fact is Ronald Reagan stated, troops on the ground. Members of Congress, ‘‘This vote is ac- and he saw very clearly, that the prob- We must stand for the moral posi- tually participating in voting for the lems we confronted are not so complex tion. We must stand up for what Amer- authorization of going to war because but that they are difficult and we must ica is supposed to stand for, freedom it will be essential that we go in to make difficult decisions if problems are and against aggression, or there is no help rescue the French and British. to be solved. In the Balkans, the fundamentals are hope in the world; there is no hope for They are on the ground, and we have clear. What the world is witnessing is, the Bosnian people or anyone else. committed ourself. The American President has committed our prestige No. 1, a Serbian land grab; No. 2, Ser- b 1115 bian aggression; and Serbian genocide, and the power of the United States to Mr. BEILENSON. Mr. Speaker, I ethnic cleansing of their neighbors. help the British and the French with- yield the remainder of our time to the Villages are being destroyed in Croatia draw.’’ distinguished gentleman from Penn- and Bosnia. And the physical conditions of just Are there Croatian and Bosnian sylvania [Mr. MURTHA], the ranking getting in; let us talk about just get- tanks in Serbia? Is there Croatian ar- member of the Subcommittee on Na- ting into Sarajevo and how long it will tillery or Bosnian artillery in Serbia? tional Security. take. It took us 40 days to get a light Are there Bosnian or Croatian air- Mr. MURTHA. Mr. Speaker, I appre- helicopter division into Saudi Arabia planes in Serbia? ciate what the gentleman from Califor- with the most modern port facilities, The fundamentals are clear. What we nia [Mr. ROHRABACHER] just said about the most modern airport facilities in are facing is Serbian aggression and the Reagan administration and the the world. Here we have inadequate genocide against their neighbors. We support. Many of us Democrats sup- port facilities, with mountainous must determine, as the Western powers ported the Reagan administration’s roads, with impossible terrain, within and as the leading Western power, what foreign policy, and we felt very strong- 40 to 60 days of having all kinds of bad to do about it, and do not let anybody ly about it, and there were very few of weather. say there are no non-Serbians in Ser- us. I supported President Bush very Now I participated in the fighting in bia. In Kosovo, we are going to find if strongly when he went into Saudi Ara- Vietnam. I was wounded twice. I know we let this genocide go on in Bosnia, bia and when he defeated the Iraqis in the advantage of closed air support. I there are hundreds of thousands of the desert. This policy, though, of lift- know the advantage of having air sup- Muslims in Serbia who then will face ing the embargo looks like to me we port when in a tactical situation. That genocide if we do not face up to this are inviting a defeat, we are inviting a did not win the war. We had 450,000 murderous regime right now. Dien Bien Phu, in the United States. If American troops on the ground, and Serbian crimes and culpability are we lift the embargo, what we are say- that did not win the war. clear. Yet U.S. policy has been an arms ing to our allies is, ‘‘You’re going to If we were to withdraw the troops embargo on both sides. have to get out because they have said from Bosnia, and try to lift the embar- Denying arms to an unarmed victim, they are going to get out.’’ We have go, and try to force-feed the Bosnian denying the right to defend oneself is committed ourselves to send in 25,000 troops—we tried to train the Vietnam- immoral on the face of it. It has en- American troops on the ground to get ese, we tried for years to train the Vi- couraged the murder and aggression to help them out. etnamese. They do not have the long- that we see taking place in the Bal- Now I was just 2 weeks ago over in term training of officers. It takes 10 kans. Split, in Split, a very inadequate port years to train a staff sergeant, takes 15 We have heard the answer is basi- facility that takes one ship a day, that years to train an officer in the Amer- cally letting the victims defend them- takes one C–5 at a time. The roads ican military, 20 years to train a bat- selves. I believe that is the central part from Split to Sarajevo are very narrow talion commander, and we are saying of the answer. No. 1, let these people with 10–ton bridges. None of the heavy in a few weeks we can train the defend themselves by giving them the equipment could get through this very Bosnians to use heavy equipment. We means to do so. Let us not watch a narrow winding road. The military sit- can train them to use individual pieces ‘‘Schindler’s List’’ movie 20 or 30 years uation in the wintertime is impossible. of equipment, but we cannot train from now of unarmed civilians being Air power is not near as effective. them to use a coordinated attack. We herded, unable to defend themselves, to So we are inviting a defeat. We are had trouble with our guard units, their slaughter. inviting, we are saying, ‘‘All right; training them in 60 days, and they were Yes, we hear, ‘‘Oh, you cannot do we’re going to lift the embargo, and already well trained, and many of them anything unless you are willing to put the results of that are the French and experienced in Vietnam. H 8084 CONGRESSIONAL RECORD — HOUSE August 1, 1995 So we are asking for a disaster, and I cannot stand idly by while aggression the Bosnian Serbs, who are perpetrat- support this rule, but I ask the Mem- goes unchecked. ing this genocide on those poor, help- bers of Congress to think very seri- The Prime Minister of Bosnia, all he less people. It is all one way. We are ously and to vote against this lifting is asking for is the weapons to defend enforcing the sanctions on the official the embargo because it will be disas- himself, to defend his people. That is a democratic Government of Bosnia, yet trous to American foreign policy. moral right that they have, and we, as on the other side the oil tankers roll The SPEAKER pro tempore (Mr. signatories to the U.N. Charter, have to down the Danube giving oil to Serbia, DUNCAN). The time of the gentleman agree with that right. which in turn is putting it into the from California [Mr. BEILENSON] has So I urge adoption of the rule and the Bosnian Serbs. That is genocide, my now expired. bill, and I again stress to my col- colleagues. The answer is to lift this The gentleman from Florida [Mr. leagues what an historic moment this embargo and let the Bosnian people de- DIAZ-BALART] has 51⁄2 minutes remain- is to the House of Representatives. fend themselves. ing. Mr. DIAZ-BALART. Mr. Speaker, I Someone said they are not going to Mr. DIAZ-BALART. Mr. Speaker, I yield the remainder of our time to the know how to use this equipment. These yield 2 minutes to the gentleman from distinguished gentleman from New people know better than my colleagues New York [Mr. KING]. York [Mr. SOLOMON], the distinguished and I how to use that equipment. We Mr. KING. Mr. Speaker, I thank the chairman of the Committee on Rules, give them the ability to defend them- gentleman from Florida [Mr. DIAZ- tireless fighter for human rights and selves, and the genocide will stop, and BALART] for yielding this time to me. an inspiration for freedom fighters we ought to be helping them do that, Mr. Speaker, this is an historic mo- throughout the world. and I urge support of the rule and the ment in the history of the House of The SPEAKER pro tempore. The gen- bill that it brings to the floor. Representatives, and it is important to tleman from New York [Mr. SOLOMON] Mr. DIAZ-BALART. Mr. Speaker, I keep our mind and our eye on the key is recognized for 21⁄2 minutes. have no further requests for time, I issue, and the key issue is the right to Mr. SOLOMON. Mr. Speaker, I thank yield back the balance of my time, and a sovereign nation to defend itself, and the gentleman for yielding this time to I move the previous question on the it raises the issue of what we are to do me, and I strongly support this fair resolution. in the post-cold war era. Is the United rule and the bill that it brings to the The previous question was ordered. States going to continue to be an ac- floor. I commend the gentleman from The resolution was agreed to. complice to a policy which deprives Florida [Mr. DIAZ-BALART], an out- A motion to reconsider was laid on victims of the right to defend them- standing fighter for human rights, the table. selves? along with the gentleman from New The SPEAKER pro tempore. Pursu- Speakers have raised the issue today, York [Mr. GILMAN], the gentleman ant to House Resolution 204 and rule is this going to involve the United from Maryland [Mr. HOYER], and oth- XXIII, the Chair declares the House in States? The fact is the United States is ers. the Committee of the Whole House on already involved. It is involved in a Mr. WILSON. Mr. Speaker, will the the State of the Union for the consider- conspiracy to deny the most basic gentleman yield? ation of the Senate bill, S. 21. rights to the people of Bosnia. Mr. SOLOMON. I yield to the gen- b 1127 And what are we talking about? We tleman from Texas [Mr. WILSON], an- are talking about aggression by the other great American. IN THE COMMITTEE OF THE WHOLE Serbs against the Bosnians. We are Mr. WILSON. Would the gentleman Accordingly the House resolved itself talking about mass rape against the agree with me that I am certain this into the Committee of the Whole House people of Bosnia. We are talking about amendment is going to pass and pass on the State of the Union for the con- ethnic cleansing and genocide. This is overwhelmingly, but would the gen- sideration of the Senate bill (S. 21) to ‘‘Schindler’s List’’ of the 1990’s, and tleman agree with me that we also terminate the United States arms em- what is the response of the Western should pay some attention to the bargo applicable to the Government of World? Our response has been to look plight of Croatia, who also is a victim Bosnia and Herzegovina, with Mr. the other way, and worse than looking of aggression? BONILLA in the chair. the other way, to put an embargo on Mr. SOLOMON. Absolutely. The gen- The Clerk read the title of the Senate bill. those that want to defend themselves. tleman from Texas [Mr. WILSON] is cor- I was in Bosnia several years ago rect. The CHAIRMAN. Pursuant to the with the gentlewoman from New York My colleagues, let me just say this. rule, the bill is considered as having been read the first time. [Ms. MOLINARI], the gentleman from As my colleagues know, the idea before The text of S. 21 is as follows: New York [Mr. PAXON], and the gen- us today is to lift the embargo. To S. 21 tleman from New York [Mr. ENGEL]. I those who legitimately argue against saw firsthand the atrocities being car- this idea, I would just ask them what is Be it enacted by the Senate and House of Rep- ried out against the innocent people of resentatives of the United States of America in the better idea, because continuing the Congress assembled, Bosnia, and we, as Americans, have a embargo is continuing genocide for SECTION 1. SHORT TITLE. moral obligation to step forward and helpless Bosnian people, and we cannot This Act may be cited as the ‘‘Bosnia and lift this embargo. There is no moral, or be a part of that. Herzegovina Self-Defense Act of 1995’’. diplomatic, or military justification to As my colleagues know, American SEC. 2. FINDINGS. continue this unjust embargo upon the foreign policy under all Presidents, be The Congress makes the following findings: people of Bosnia. they Republican or Democrat, has al- (1) For the reasons stated in section 520 of Along with the gentleman from ways been to support, and encourage, the Foreign Relations Authorization Act, Maryland [Mr. HOYER] and the gen- and, yes, defend democracy around the Fiscal Years 1994 and 1995 (Public Law 103– tleman from New Jersey [Mr. SMITH] world against outside military aggres- 236), the Congress has found that continued last week we met with the Prime Min- application of an international arms embar- sion. It is argued that this is not out- go to the Government of Bosnia and ister of Bosnia. Here is a man; all he is side military aggression, and we can- Herzegovina contravenes that Government’s asking for for his people is not for not interfere with internal strife, as inherent right of individual or collective American troops. He is asking for the bad as it may seem. self-defense under Article 51 of the United right to defend himself, the most basic But what can we do? What we can do National Charter and therefore is inconsist- right, and if we do not have the cour- is lift the embargo, an embargo that’s ent with international law. age today to cast the vote, and, by the implementation has been one-sided. (2) The United States has not formally way, I disagree that this is an easy As my colleagues know, we have been sought multilateral support for terminating vote. There is no easy vote when we are giving the former Soviet Union, Rus- the arms embargo against Bosnia and Herzegovina through a vote on a United Na- talking about war and peace. This is a sia, U.S. tax dollars. They in turn are tions Security Council resolution since the very, very serious vote, and, if we have giving Russian rubles, Russian dollars, enactment of section 1404 of the National De- to cast votes in the future, they will be to Serbia. They are giving equipment fense Authorization Act for Fiscal Year 1995 even more serious, but the fact is we to Serbia, who in turn are giving it to (Public Law 103–337). August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8085 (3) The United Nations Security Council tempore of the Senate and the Speaker of Herzegovina and the government of any has not taken measures necessary to main- the House of Representatives on the status country providing such personnel. tain international peace and security in and estimated date of completion of the The CHAIRMAN. Under the rule, the Bosnia and Herzegovina since the aggression withdrawal operation. If any such report in- gentleman from New York [Mr. GIL- against that country began in April 1992. cludes an estimated date of completion of (4) The Contact Group, composed of rep- the withdrawal which is later than 12 weeks MAN] and the gentleman from Indiana resentatives of the United States, Russia, after commencement of the withdrawal oper- [Mr. HAMILTON] will each be recognized France, Great Britain, and Germany, has ation, the report shall include the oper- for 11⁄2 hours. since July 1994 maintained that in the event ational reasons which prevent the comple- The Chair recognizes the gentleman of continuing rejection by the Bosnian Serbs tion of the withdrawal within 12 weeks of from New York [Mr. GILMAN]. of the Contact Group’s proposal for Bosnia commencement. (Mr. GILMAN asked and was given and Herzegovina, a decision in the United (e) INTERNATIONAL POLICY.—If the Govern- permission to revise and extend his re- Nations Security Council to lift the Bosnian ment of Bosnia and Herzegovina submits a marks.) arms embargo as a last resort would be un- request to the United Nations Security Mr. GILMAN. Mr. Chairman, as my avoidable. Council for the departure of UNPROFOR colleagues know, this year is the 50th SEC. 3. STATEMENT OF SUPPORT. from Bosnia and Herzegovina or if the United The Congress supports the efforts of the Nations Security Council or the countries anniversary of the United Nations. The Government of the Republic of Bosnia and contributing forces to UNPROFOR decide to President himself went to San Fran- Herzegovina— withdraw from Bosnia and Herzegovina, as cisco for the celebrations marking the (1) to defend its people and the territory of provided in subsection (a), the President (or signing of the charter. the Republic; his representative) shall immediately intro- Article 51 of that charter gives every (2) to preserve the sovereignty, independ- duce and support in the United Nations Se- member nation the right of self-defense ence, and territorial integrity of the Repub- curity Council a resolution to terminate the against armed attack. lic; and application of United Nations Security Coun- S. 21, the Bosnia-Herzegovina Self- cil resolution 713 to the Government of (3) to bring about a peaceful, just, fair, via- Defense Act of 1995—is designed to en- ble, and sustainable settlement of the con- Bosnia and Herzegovina. The United States flict in Bosnia and Herzegovina. shall insist on a vote on the resolution by able the sovereign State of Bosnia—a SEC. 4. TERMINATION OF ARMS EMBARGO. the Security Council. The resolution shall, member in good standing of the United (a) TERMINATION.—The President shall ter- at a minimum, provide for the termination Nations—to defend itself against armed minate the United States arms embargo of of the applicability of United Nations Secu- attack from its immediate neighbor. the Government of Bosnia and Herzegovina, rity Council resolution 713 to the govern- It establishes a procedure that re- as provided in subsection (b), following— ment of Bosnia and Herzegovina no later solves the concerns of many who have (1) receipt by the United States Govern- than the completion of the withdrawal of argued that unilateral lifting of the ment of a request from the Government of UNPROFOR personnel from Bosnia and arms embargo would have disastrous Bosnia and Herzegovina for termination of Herzegovina. In the event the United Nations Security Council fails to adopt the resolu- results. the United States arms embargo and submis- Opponents contend that U.S. termi- sion by the Government of Bosnia and tion to terminate the application of United Herzegovina, in exercise of its sovereign Nations Security Council resolution 713 to nation would Americanize the con- rights as a nation, of a request to the United the Government of Bosnia and Herzegovina flict—first because the U.N. Protection Nations Security Council for the departure because of a lack of unanimity of the perma- Force—UNPROFOR—would pull out, of UNPROFOR from Bosnia and Herzegovina; nent members, thereby failing to exercise its requiring the President to make good or primary responsibility for the maintenance his commitment to provide up to 25,000 (2) a decision by the United Nations Secu- of international peace and security, the American troops to assist in their rity Council, or decisions by countries con- United States shall promptly endeavor to bring the issue before the General Assembly withdrawal. tributing forces to UNPROFOR, to withdraw Second, it is argued that because the UNPROFOR from Bosnia and Herzegovina. for decision as provided for in the Assembly’s Bosnian Government would seek the (b) IMPLEMENTATION OF TERMINATION.—The Uniting for Peace Resolution of 1950. President may implement termination of the (f) RULE OF CONSTRUCTION.—Nothing in this heavy weapons they need from the United States arms embargo of the Govern- section shall be interpreted as authorization United States, Americans would have ment of Bosnia and Herzegovina pursuant to for deployment of United States forces in the to provide the necessary training. subsection (a) prior to the date of completion territory of Bosnia and Herzegovina for any Opponents also have said that long of the withdrawal of UNPROFOR personnel purpose, including training, support, or de- before Bosnia could obtain the weapons from Bosnia and Herzegovina, but shall, sub- livery of military equipment. and training it needs, the Serbs would ject to subsection (c), implement termi- (g) DEFINITIONS.—As used in this section— launch an all-out attack. The result nation of the embargo pursuant to that sub- (1) the term ‘‘United States arms embargo section no later than the earlier of— of the Government of Bosnia and would be even greater destruction than (1) the date of completion of the with- Herzegovina’’ means the application to the we have seen so far—with more ethnic drawal of UNPROFOR personnel from Bosnia Government of Bosnia and Herzegovina of— cleansing, more rapes, murders, and and Herzegovina; or (A) the policy adopted July 10, 1991, and other atrocities against unarmed civil- (2) the date which is 12 weeks after the published in the Federal Register of July 19, ians. date of submission by the Government of 1991 (58 FR 33322) under the heading ‘‘Suspen- Some opponents also have argued Bosnia and Herzegovina of a request to the sion of Munitions Export Licenses to Yugo- that by unilaterally lifting the arms United Nations Security Council for the de- slavia’’; and embargo, we would put at risk other (B) any similar policy being applied by the parture of UNPROFOR from Bosnia and embargoes that our Nation supports— Herzegovina. United States Government as of the date of (c) PRESIDENTIAL WAIVER AUTHORITY.—If completion of withdrawal of UNPROFOR such as those against Iraq and Iran. the President determines and reports in ad- personnel from Bosnia and Herzegovina, pur- However, the embargoes against Iraq vance to Congress that the safety, security, suant to which approval is denied for trans- and Iran are designed to punish those and successful completion of the withdrawal fers of defense articles and defense services nations for aggressive actions—while of UNPROFOR personnel from Bosnia and to the former Yugoslavia; and the arms embargo against Bosnia pun- Herzegovina in accordance with subsection (2) the term ‘‘completion of the withdrawal ishes the victim. (b)(2) requires more time than the period of UNPROFOR personnel from Bosnia and S. 21 contains important conditions provided for in that subsection, the Presi- Herzegovina’’ means the departure from the that obviate many of those arguments. dent may extend the time period available territory of Bosnia and Herzegovina of sub- under subsection (b)(2) for implementing ter- stantially all personnel participating in First, in order for the United States to mination of the United States arms embargo UNPROFOR and substantially all other per- terminate the arms embargo, the bill of the Government of Bosnia and sonnel assisting in their withdrawal, within requires action by Bosnia, the U.N. Se- Herzegovina for a period of up to 30 days. a reasonable period of time, without regard curity Council, or countries contribut- The authority in this subsection may be ex- to whether the withdrawal was initiated pur- ing troops to UNPROFOR. ercised to extend the time period available suant to a request by the Government of The Bosnian Government must first under subsection (b)(2) for more than one 30- Bosnia and Herzegovina, a decision by the call upon the U.N. Security Council to day period. United Nations Security Council, or deci- withdraw UNPROFOR, or the Council— (d) PRESIDENTIAL REPORTS.—Within 7 days sions by countries contributing forces to of the commencement of the withdrawal of UNPROFOR, but the term does not include or countries contributing to UNPROFOR from Bosnia and Herzegovina, such personnel as may remain in Bosnia and UNPROFOR—such as Britain and and every 14 days thereafter, the President Herzegovina pursuant to an agreement be- France—must decide to withdraw the shall report in writing to the President pro tween the Government of Bosnia and force. H 8086 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Second, after the Bosnian Govern- are on this issue. Yet I believe it is im- Sarajevo. They are prepared to do more ment requests the withdrawal of portant to look at the other side of this in their successful effort to keep the UNPROFOR the President can wait up issue before we vote. Mt. Igman aid route into Sarajevo to 12 weeks before terminating the II. STATUS QUO IN BOSNIA IS NOT ACCEPTABLE open. arms embargo. We all agree that present policy has Will this new strategy work? We Further, the President can extend not worked. It is clear that we cannot want it to work. We think it is working the waiting period for up to 30 days if accept the status quo. but we do not know if it will work. We he determines that a safe, secure, and The U.N. peacekeeping operation will work in a matter of weeks. successful withdrawal will require [UNPROFOR] and NATO were unable What can this new approach accom- more than 12 weeks. These extensions to fulfill pledges to protect safe areas plish? The administration’s new strat- can be continued until the withdrawal in Bosnia. egy will not solve all the problems in of UNPROFOR has been completed. Diplomacy is stalled. The delivery of Bosnia. It will not roll back Serb ag- Two years ago, on June 29, 1993, the much humanitarian aid is still gression. It will not end the war in a Bosnian Ambassador to the United Na- blocked. matter of weeks. tions called upon the security Council The killings continue. The number of But it will deter more Serb attacks to terminate the arms embargo. That refugees grow. NATO, the U.N., and on some of the safe areas, it will give request obviously has not been grant- U.S. efforts to stop this war have not more time to search for a negotiated ed. worked. solution, and it will keep the United This legislation links termination of In short, there is a growing feeling States out of the war. the arms embargo to withdrawal of that UNPROFOR has failed and should We should give this new, more asser- UNPROFOR, and places the decision to leave Bosnia, and that the arms embar- tive strategy time to work. request that withdrawal upon those go should be lifted to allow the Bosnian IV. WHAT’S WRONG WITH UNILATERAL LIFT most directly affected by the con- Government to defend itself. This new strategy, while imperfect, sequences of that decision—the Many who support lifting the embar- is far superior to the option we are vot- Bosnian Government. go do so because they believe that the ing on today, a unilateral lifting of the If the Bosnian Government calls for situation in Bosnia cannot get worse, embargo. the withdrawal of UNPROFOR, the and that lifting the embargo is the A. Consequences of unilateral lift United Nations will have no choice but only alternative. to comply—despite the possibility of I think my colleagues are wrong on Lifting the arms embargo unilater- greater fighting and the implementa- both counts: First, the situation in ally will have dire consequences on the tion of some very serious commitments Bosnia can get worse, if we lift the em- ground in Yugoslavia: that many may prefer not to imple- bargo unilaterally; second, there is an UNPROFOR will withdraw, that is a ment. alternative to lifting the embargo. certainty. For all the complaints about S. 21 has nothing to do with Ameri- III. A NEW STRATEGY HAS BEEN DEVELOPED canizing the war. A request by the The situation in Bosnia is not the UNPROFOR, it has helped feed over 2 Bosnian Government for the with- same today as it was on June 8, when million people for nearly 3 years, in- drawal of UNPROFOR would activate the House last voted on lifting the em- cluding the entire city of Sarjevo— the President’s promise to assist in bargo. which remains completely dependent that withdrawal even if S. 21 is de- We have agreed upon a new and much on humanitarian assistance. feated. tougher, more unified strategy with The U.N. has helped to protect civil- Mr. Chairman, the policies of our our NATO allies and the UN: ians. Casualties were 130,000 in 1992 be- Government have carried us into a po- We now have NATO agreement on the fore UNPROFOR arrived, and declined litical cul-de-sac. Those policies have policy of a massive air campaign to dramatically to 2,500 in 1994. not been working and they are no halt Bosnian Serb aggression. Once UNPROFOR leaves, the war will longer sustainable. We have told the Bosnian Serbs that intensify. The killing and human mis- It is time to end the charade of the if they attack Gorazde, we will respond ery will increase; before the Bosnians past 3 years. Not only has it demeaned with an air campaign of disproportion- get heavy arms, the Serbs will step up and diminished the authority of the ate force. Today, NATO is meeting to their attacks; and right in the middle United Nations, it has eroded the credi- expand that commitment to include of this escalating conflict, up to 25,000 bility of our Western allies. the U.N.-declared safe area of the town U.S. troops will be sent to Bosnia to Mr. Chairman, there are times when of Bihac. help UNPROFOR withdraw. That is a the hinge of history turns on a deci- We also have U.N. agreement on a commitment the United States must sion. The failure of the League of Na- simplified chain of command. U.N. fulfill. tions to act against the Italian inva- military commanders on the ground in Prime Minister Major and President sion of Ethiopia—the failure to chal- Bosnia, together with NATO air com- Chirac have made clear that lenge Hitler when he marched into the manders, will make the decision on UNPROFOR will leave Bosnia if we lift Sudentenland. We all know the con- when and where an air campaign takes the arms embargo unilaterally. Presi- sequences that flowed from those fail- place. This is the way our military dent Clinton has made clear that Unit- ures to confront aggression. wants it—this is standard military ed States troops will go into Bosnia to Similarly, this is one of those criti- practice. help UNPROFOR leave. cal decisions. There will be no more pinprick air- Make no mistake: Lifting the embar- History will judge our actions—and strikes. go means United States troops on the the judgement of history will be harsh There will be expanded military tar- ground, in Bosnia. if we do not enable Bosnia to act as a gets. Once United States troops are in sovereign state and a full-fledged mem- There will be no more dual-key con- Bosnia to help the U.N. withdraw, ber of the United Nations. trol. there will be enormous pressure to Accordingly, I urge my colleagues to There will be no more decisions de- stay—to fill the humanitarian vaccum support S. 21. layed because they must go through left by UNPROFOR. New York. Who will feed 2 million Bosnians each b 1130 We now have a 10,000 man Rapid Re- day, once UNPROFOR leaves? Mr. Chairman, I reserve the balance action Force to protect UNPROFOR Who will protect Bosnian civilians, of my time. and make it more effective. once a Serb assault begins? Mr. HAMILTON. Mr. Chairman, I British and French troops in the How can U.S. troops leave, under the yield myself such time as I may Rapid Reaction Force are in combat fa- glare of world attention? consume. tigues, not blue helmets. They are We say now that the mission of U.S. I. INTRODUCTION much more aggressive and independent forces will be limited in time and I rise in opposition to the Dole- of the U.N. chain of command. They scope. But United States troops could Lieberman bill. I know where the votes have suppressed Serb artillery around be in Bosnia for a very long time. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8087 Unilateral life means unilateral re- lift the embargo, and we’ll do it. No I want to say to my colleagues that sponsibility. By acting alone in Bosnia, discretion. No judgment. Just do it. this is not a free vote today. Maybe the we will Americanize the war. C. Unilateral lift does not confront the hard vote in June was free vote, not this Lifting the embargo will not change questions one. I think the standard that every the outcome of this war. A vote to lift unilaterally the embar- Member of this House should apply in The Bosnians have a better army go leaves all the tough questions unan- voting on this bill is to ask himself or today, but more armor and artillery is swered: Who will supply the arms? Who herself, what should the policy of the not enough. They need better leader- will deliver them? Who’s going to pay United States Government be with re- ship, training, tactics, command, con- for them? Who will train the Bosnians spect to Bosnia? trol, communications, and intelligence. to use them? Who will protect the Put aside the politics. Put aside all They need airpower. They need a mod- Bosnians while they are training? else. Focus on what the policy ought to ern army—the U.S. Army—if they are Proponents of a unilateral lift don’t be, and cast your vote on the basis that to win this war. answer these questions. They offer your vote will control American policy. Lifting the embargo will damage U.S. promises without resources—without I understand that my colleagues interests at the U.N. authorization or appropriation. want to do something about the horror It will undermine the authority of One of the mistakes of this war is of Bosnia. We do not know what else to the U.N. Security Council. While other that the international community has do, so we vote to lift the embargo. nations must honor multilateral sanc- promised more than it delivers. This But what we are proposing to do tions, the United States is saying it bill continues that practice—it com- today will only make a bad situation can pick and choose those that apply pounds the felony. worse. to us. The key problem for United States I do not believe my colleagues are If the United States unilaterally lifts policy in Bosnia has been the gap be- willing to send United States troops to the embargo on Bosnia, others may feel tween what we say we want to achieve, Bosnia. I do not believe the American free to break existing U.N. sanctions and the resources we are willing to people are willing to do so either. That on Iraq and Libya. Russia may feel free commit. is simply too high a price. to break sanctions on Serbia. But we know who will be called on to Yet that is the consequence of lifting Article 51/self defense issue provide these resources: The United the embargo, in my view. What is our alternative? What can we It has been argued that the U.N. em- States. achieve at a price we are willing to bargo should be lifted because it vio- D. Unilateral lift presents constitutional lates Bosnia’s right to self-defense. We pay? problems Instead of concentrating on a mili- all agree that the Bosnians have a Voting for a unilateral lifting of the right to self-defense. tary solution, we should concentrate embargo creates serious constitutional on a political solution that brings all On a practical level, the Bosnians are problems for American foreign policy. getting weapons from other countries parties to the table for face-to-face ne- If we adopt this bill we create a pro- gotiations—including the Bosnian and using those weapons to defend found ambiguity in American policy. themselves. Serbs. Under the Constitution, the Presi- If we support the administration’s But the legal argument—that an dent is the chief architect of American international arms embargo violates new strategy, we will be choosing a foreign policy. Congress can advise the course that offers modest but realistic Bosnia’s self-defense rights under Arti- President on foreign policy, but Con- cle 51 of the U.N. Chapter—is just plain gains: gress cannot implement or conduct for- It reduces the risk of a wider war, wrong. eign policy. Congress must declare war, Article 51 says that member states’ and may reduce the killing. but Congress cannot be the Com- rights to ‘‘individual or collective self- It gives the negotiations another mander-in-Chief. defense’’ must not ‘‘affect the author- chance. This bill infringes on both those It will allow us to continue to con- ity and responsibility of the Security Presidential powers: tain the conflict. Council’’ to take ‘‘such action as it At a time when the President is mov- It avoids further damage to NATO, deems necessary in order to maintain ing in one direction—negotiating with and to the U.N. that would follow a or restore international peace and se- our closest allies to strengthen the pullout by UNPROFOR. curity.’’ U.N. mission and trying to end this It will keep humanitarian aid flowing That means that rights of self-de- war—this bill moves in exactly the op- to Bosnia. fense or collective defense cannot con- posite direction—pulling the plug on It will keep United States troops out tradict existing U.N. Security Council the U.N. mission and fanning further of Bosnia. enforcement actions. war. I urge my colleagues to defeat this In the judgment of the Security At a time when the Commander-in- bill. Council, the international arms embar- Chief wants to keep United States Mr. Chairman, I reserve the balance go was the best means to ensure peace troops out of Bosnia, Congress is acting of my time. and security in the former Yugoslavia. on a measure that will mean United Mr. GILMAN. Mr. Chairman, I yield That remains the judgment of the Se- States troops going in. 30 minutes of my 90 minutes provided curity Council. If the President and Congress move for general debate to the gentleman B. Loss of control by the United States in such opposite directions, it dimin- from Maryland [Mr. HOYER] and I ask Lifting the embargo unilaterally also ishes our stature in the world, it pro- unanimous consent that Mr. HOYER be mean the United States loses control of foundly weakens our leadership, and it permitted to yield portions of that its foreign policy. damages our system of separation of time to other Members. We complain a lot in this institution powers. It will tear U.S. foreign policy The CHAIRMAN. Is there objection about handing over decisions to the apart. to the request of the gentleman from U.N. Yet this bill hands over to a for- New York? eign government a crucial foreign pol- E. Bad timing of unilateral lift There was no objection. icy decision that will result directly in Finally, voting today to life the em- Mr. HOYER. Mr. Chairman, I want to the deployment of thousands of U.S. bargo unilaterally is bad timing. We thank my friend and the chairman of troops in the middle of a war zone. have simply not given the new strategy the committee for his generous yield- This bill says that the President time to work. ing of time. shall lift the embargo if the Bosnians V. CONCLUSION Mr. Chairman, I yield 5 minutes and ask UNPROFOR to leave. In my view, I know my colleagues are frustrated 30 seconds to the very distinguished that’s an incentive to the Bosnians to about the tragedy in Bosnia. I am frus- gentleman from New Jersey [Mr. ask UNPROFOR to leave. trated. I am not going to argue that TORRICELLI] who has been one of the Under the terms of this bill we are the present policy will lead to a won- most outspoken leaders on behalf of simply telling the Bosnian Govern- derful outcome. It is to late for a won- freedom in the international commu- ment: You decide. Make a request to derful outcome. nity. H 8088 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Mr. TORRICELLI. Mr. Chairman, I prevented from getting the arms to de- time for us in this 11th hour to rectify thank the gentleman for his leadership fend themselves by our own forces. this grave error and give Bosnia one on this issue throughout the months. What the world was unwilling to do last chance to save itself. ‘‘Do not do Mr. Chairman, I rise in support of the for the victims of the Holocaust, what it,’’ the opponents of this bill will say, resolution. In a perfect world, the the United Nations has been unwilling ‘‘it will just widen the war.’’ Mr. Chair- strong would defend the weak. In the to do for Bosnia, we have no right to man, the course of the war is out of our world in which we live, the weak must prevent the people of Bosnia from hands. The Bosnian Serbs have taken sometimes defend themselves. doing for themselves. There is no the measure of the United Nations and It is this basic truth of our time that human right more fundamental than taken the measure of NATO and have brings us to this judgment today. the right of self-defense. The inter- dismissed those forces as impotent, as The people of Bosnia have made to national community has no greater ob- forces that they do not have to contend the world a simple question eloquent in ligation in this crisis than to distin- with, so they are acting with impunity its simplicity, a plea that has been guish between the victims and the ag- in Bosnia. The Serbs will march until heard many times by many people in gressors. they either conquer Bosnia or until we different lands. This resolution does both. lift the embargo. Mr. Chairman, they seek to survive. Mr. Chairman, in every church and The essential fact is this: The ethnic They simply seek for their nation to synagogue throughout this land for a cleansing will continue unless we lift exist. For 4 years the world has an- generation our people in a single pray- this embargo. The Serb war crimes will swered that plea with resolutions and er have made a simple pledge: never go on until Bosnia is allowed to defend international forums, negotiations by again. Simply because the institutions itself. The opponents of this measure the world’s premier diplomats and of peace have failed, there is no reason will say that we will use air strikes to peacekeepers from throughout the to abandon that pledge or that prayer. stop the Serbs. Consider what General globe. They were all well-intentioned. Keep the promise. Lift the embargo, Horner, one of our best Air Force gen- Each was brave, and each was intent pass the resolution. Never again. erals, said recently about the Balkans. and each was unsuccessful. Mr. GILMAN. Mr. Chairman, I yield 5 He said, ‘‘I would find it very difficult Every nation is grateful to all the minutes to the gentleman from Wis- to design a military strategy to be suc- diplomats who tried, acknowledges the consin [Mr. ROTH], the distinguished cessful.’’ time, the sacrifice of every soldier who chairman of our Subcommittee on Air strikes will not stop the Serbs. risked their lives. It is to the eternal International Economic Policy and Consider what happened when one credit of the British and the French Trade. American pilot was shot down. It took and the Dutch forces who tried to do so Mr. ROTH. Mr. Chairman, I thank us some 5 days to retrieve him. It took much, but we achieve nothing by ignor- the chairman of our committee for a massive rescue effort to get him ing the simple truth that they failed. yielding time to me. back. Well, the Serbs have hundreds, The evidence mounts with every Mr. Chairman, I have to agree today perhaps a thousand surface-to-air mis- rape, every murder, each disappear- with the speakers who have spoken siles. How many casualties will we suf- ance, the pillage of each new village. here before. As I interpret their re- fer in a vain attempt to rescue Bosnia? The simple truth is that the inter- marks, they are saying that the issue I, for one, do not want to tell one national forces were always too weak before us today is really a moral ques- American family that their son or to defend Bosnia. But the embargo was tion: ‘‘By what right does the United daughter died in Bosnia. always too strong to permit Bosnia to States prevent Bosnia from defending Let us do what is right. Now, at long defend itself. itself?’’ Every nation, every people has last, let us do what we should have Serbia, under the provisions of this the ultimate right to defend their land, done a long time ago: End this embargo resolution, will have 12 weeks to con- their homes, their families from ag- and allow Bosnia to defend itself. sider the implications of United Na- gression. Mr. HAMILTON. Mr. Chairman, I tions withdrawal or face the wrath of Instead of stopping this war, this em- yield 5 minutes to the distinguished an international community, a commu- bargo has simply shifted the balance gentleman from New Mexico [Mr. RICH- nity intent on justice on the battlefield toward the Serbs and against the Mos- ARDSON]. that has eluded it at the negotiating lems. It can be argued that by keeping (Mr. RICHARDSON asked and was table for so many years. It is not a per- this stranglehold on Bosnia, we have given permission to revise and extend fect answer, but it is an answer when been the silent partners in the Serbs’ his remarks and include extraneous all other answers have failed. aggression. Oh, the United States has material.) Our opponents argue that lifting the promised over and over that we would Mr. RICHARDSON. Mr. Chairman, embargo will Americanize the war. I save Bosnia. But 200,000 deaths later first let me say the sincerity of those argue that keeping the embargo will and some 2 million refugees later, the on the other side of the issue is to be Americanize the genocide. United States has done nothing to save commended. There are no easy answers Our opponents argue that lifting the Bosnia. on the Bosnia issue, but lifting the embargo will have America stand The United Nations has been useless. arms embargo on Bosnia makes it alone; I argue that if America alone NATO has been impotent, and we have America’s war. We are taking the will stand for the right of a poor and collaborated with the Western Euro- wrong step at the wrong time. We are weak people to defend themselves, then pean Powers in the slow strangulation pouring fuel to the fire, and we might America has never stood in better com- of Bosnia. Why else does a Serb force of cause an explosion. pany. only 60,000 conquer a far larger Bosnian Let us not make this vote the open- Our opponents argue that Europe has army of 150,000? ing primary vote of the Presidential the right to lead; I argue that Europe campaign, either. This is the time b has had years to lead. Now it is time 1200 when we should rally behind the Presi- for America to lead again. It is the embargo that has been the dent, the Commander in Chief, his Mr. Chairman, in these last few crucial difference. Without the heavy military advisers, the Joint Chiefs, all months, our children have seen the machinery of war, tanks, artillery, of whom do not want to lift the embar- specter on flickering television screens anti-tank weapons, missiles, and mor- go. This morning they made a case to of the times of our fathers, liberating tars, the Bosnian Army is doomed. For a number of Members of Congress with concentration camps and ending a 4 years we have held the Bosnians’ very strong convictions. Unilaterally genocide. Each Member today must ask arms and hands behind their back lifting the embargo means unilateral whether they will exchange that mem- while the Serbs beat the Moslems to responsibility, an Americanization of ory for a time in which our children death. For 4 years we have denied this war; possibly, yes, another Viet- will remember a genocide in our gen- Bosnia the fundamental right of all na- nam situation, as much as we hate to eration and the flickering pictures of tions: The right to defend themselves. admit it. Americans not as liberators but stand- Our embargo, I think it can be ar- Let us also remember what the ing guard as a defenseless people were gued, has been an immoral act. It is American people want. Poll after poll August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8089 shows the American people do not want Mr. Chairman, I urge a ‘‘no’’ vote on To abandon our NATO allies in their own to get involved in Bosnia. They do not lifting the embargo. backyard for political posturing is a dangerous want to put American troops there. Mr. Chairman, a unilateral lift of the arms precedent with grave consequences. They are leery about getting involved embargo by Congress would undermine ef- The NATO Alliance has stood strong for al- in an air war, even for defensive rea- forts to achieve a negotiated settlement in most five decades. We should not damage it sons. They are leery of the United Na- Bosnia and could lead to an escalation of the in a futile attempt to find an easy fix to the tions, they are leery of NATO. Let us conflict there, including the possible Ameri- Balkan conflict. support the President in his efforts to canization of the conflict. While the majority of Americans are op- not Americanize this war. There are no simple or risk-free answers in posed to United States ground troops in Worse, Mr. Chairman, if this unilat- Bosnia. Unilaterally lifting the arms embargo Bosnia because it is a European conflict, Con- eral lifting passes, it would send a ter- has serious consequences. gress is willing to overlook the concerns of our rible message around the world that Both Britain and France have said they will European allies who have the most to lose in the United States is divided; that the withdraw their forces from Bosnia if the United an escalated conflict. President is going in one direction and States unilaterally lifts the embargo. This will Mr. Chairman, I include for the RECORD a the Congress is going in a totally dif- lead to the collapse of the UNPROFOR. letter from President Clinton to the majority ferent direction. We recognize that the The United States will have to assist in the leader, and an article appearing in Newsweek votes are not there. We recognize that withdrawal of UNPROFOR troops. involving August 7, 1995, also written by the President. perhaps the best we can achieve is 150, thousands of U.S. troops in a difficult mission. The material referred to follows: 160 votes, so that a veto of the Presi- A unilateral lift by the United States drives THE WHITE HOUSE, dent can be sustained. He will veto this our European allies out of Bosnia and pulls Washington, July 27, 1995. initiative if it passes. Hon. RICHARD A. GEPHARDT, the United States in. Democratic Leader, Let us not make matters worse. The United States is working intensively House of Representatives, Washington, DC. Bosnia is an enormously difficult situa- with our allies on concrete measures to DEAR MR. LEADER: I am writing to express tion. No administration is flawless in strengthen UNPROFOR and enable it to con- my strong opposition to Congressional ef- its execution of policy toward Bosnia, tinue to make a significant difference in forts to unilaterally lift the Bosnia arms em- but the fact is there may be no real so- Bosnia. bargo. While I fully understand the frustra- lution to this problem. There may be UNPROFOR has been critical to an unprec- tion that supporters of unilateral lift feel, I killings and more savagery continuing, nonetheless am firmly convinced that in edented humanitarian operation that feeds and passing legislation that would require a uni- and little that we can do; but let us not helps keep alive over 2 million people in lateral lift Congress would undermine efforts exhaust diplomatic means, diplomacy, Bosnia. The number of civilian casualties has to achieve a negotiated settlement in Bosnia one last effort at trying to resolve the been a fraction of what they were before and could lead to an escalation of the con- problem before we pour enormous fuel UNPROFOR arrived. flict there, including the possible Americani- to the fire. UNPROFOR must be strengthened if it is to zation of the conflict. What happens if we lift this embargo? continue to contribute to peace. The adminis- There are no simple or risk-free answers in UNPROFOR leaves, and guess who has tration is now working to implement the agree- Bosnia. Unilaterally lifting the arms embar- go has serious consequences. Our allies in to protect them? American troops. No ment reached last Friday in London to threat- UNPROFOR have made it clear that a uni- question about it, it would be our re- en substantial and decisive use of NATO air lateral U.S. action to lift the arms embargo, sponsibility. What happens to the en- power if the Bosnian Serbs attack Goradze which would place their troops in greater claves? They will be put in jeopardy. and to strengthen protection of Sarajevo using danger, will result in their early withdrawal Tuzla, Srebrenica, possibly they can be the rapid reaction force. from UNPROFOR, leading to its collapse. I defended, but what about Gorazde? These actions lay the foundation for strong- believe the United States, as the leader of What about Bihac? What about Croat er measures to protect the other safe areas. NATO, would have an obligation under these and Serb, engaging in more tanks, Congressional passage of unilateral lift at this circumstances to assist in the withdrawal, involving thousands of U.S. troops in a dif- thousands of Serbian troops massing at delicate moment will undermine those efforts. ficult mission. Consequently, at the least, the border, jeopardizing the alliance? It will provide our allies a rationale for doing unilateral lift by the U.S. drives our Euro- What happens to NATO? What will less, not moreÐabsolving themselves of re- pean allies out of Bosnia and pulls the U.S. NATO’s role be if all of a sudden we sponsibility in Bosnia, rather than assuming a in, even if for a temporary and defined mis- say, ‘‘We are shifting and we are lifting stronger role in this critical moment. sion. the embargo, we are going to act uni- The House must face the consequences of I agree that UNPROFOR, in its current laterally, we are going to act on our a U.S. action that forces UNPROFOR depar- mission, has reached a crossroads. We are own, we are not going to act jointly’’? working intensively with our allies on con- ture: crete measures to strengthen UNPROFOR What about the 25,000 American troops The United States would be part of a costly and enable it to continue to make a signifi- that we are going to put at risk? NATO operation to withdraw UNPROFOR; cant difference in Bosnia, as it has—for all What happens if this war spreads to There will be an intensification of fighting in its deficiencies—over the past three years. Kosovo, to Romania, to Greece, Bosnia as it is unlikely the Bosnian Serbs will Let us not forget that UNPROFOR has been through the Balkans? What happens to stand by waiting until the Bosnian Government critical to an unprecedented humanitarian sanctions? Russia is about to end sanc- is armed; under assault, the Bosnian Govern- operation that feeds and helps keep alive tions on the Serbs, their Parliament. ment will look to the United States for more over two million people in Bosnia, until re- cently, the number of civilian casualties has What about the sanctions on Iraq and military support to fill the immediate void. been a fraction of what they were before Iran? How can we justifiably say that This could cost up to $3 billion in arms, re- UNPROFOR arrived; much of central Bosnia we will always uphold embargoes and quire some 25,000 U.S. troops, and immerse is at peace; and the Bosnian-Croat Federa- sanctions? the United States in training and logistics op- tion is holding. UNPROFOR has contributed There are no simple or risk-free an- erations for the foreseeable future. to each of these significant results. swers in Bosnia, but unilaterally lift- Intensified fighting will risk a wider conflict in Nonetheless, the Serb assaults in recent ing this embargo has very serious con- the Balkins with far-reaching implications for days make clear that UNPROFOR must be strengthened if it is to continue to contrib- sequences, and the time has come to regional peace. ute to peace. We should be determined to let the executive branch, those that are UNPROFOR's withdrawal will set back pros- make every effort to provide, with our allies, on the ground, our diplomats, our mili- pects for a peaceful, negotiated solution. for more robust and meaningful UNPROFOR tary leaders, let them make the deci- Unilateral lift means responsibility. It does action. We are now working to implement sions without a totally different signal not show leadership, it shows that the United the agreement reached last Friday in London from us here in Congress. We will move States cannot get others to follow its frustrated to threaten substantial and decisive use of on to the next vote and the next issue, actions. NATO air power if the Bosnian Serbs attack but they have to live with it. This is Gorazde and to strengthen protection of Sa- We should not rush this action for political rajevo using the Rapid Reaction Force. the executive branch’s responsibility. gain. The nightmare in Bosnia should not These actions lay the foundation for strong- Let us rally around the President the worsen in the name of political posturing for er measures to protect the other safe areas. way we did on the gulf war, recognizing the upcoming Presidential elections in this Congressional passage of unilateral lift at that our goal here may be 150 votes. country. this delicate moment will undermine those H 8090 CONGRESSIONAL RECORD — HOUSE August 1, 1995 efforts. It will provide our allies a rationale which would place their troops in greater We must make this final effort to strength- for doing less, not more. It will provide the danger, will result in their immediate with- en UNPROFOR’s ability to save lives in pretext for absolving themselves of respon- drawal from Bosnia. As the leader of NATO, Bosnia and create the conditions for a nego- sibility in Bosnia, rather than assuming a the United States would have an obligation tiated peace. Congressional passage of uni- stronger role at this critical moment. under those circumstances to assist in that lateral life legislation at this decisive mo- It is important to face squarely the con- withdrawal, involving thousands of U.S. ment will undermine the effort. It will pro- sequences of a U.S. action that forces troops in a difficult mission. Consequently, vide our allies with the rationale for absolv- UNPROFOR departure. First, we imme- at the least, the unilateral lift immediately ing themselves of responsibility in Bosnia. diately would be part of a costly NATO oper- drives our European allies out of Bosnia and Ultimately, it will Americanize the conflict. ation to withdraw UNPROFOR. Second, after pulls America in, even if for a temporary and that operation is complete, there will be an defined mission. Mr. SMITH of New Jersey. Mr. Chair- intensification of the fighting in Bosnia. It is Second, after that operation is completed, man, I yield myself 5 minutes. unlikely the Bosnian Serbs would stand by there will be an intensification of the fight- waiting until the Bosnian government is ing. It is unlikely that the Bosnian Serbs Mr. Chairman, exactly 20 years ago armed by others. Under assault, the Bosnian would stand idly by waiting for the Bosnian today President Gerald Ford and other government will look to the U.S. to provide government to be armed by others. The Unit- leaders of the 33 European countries arms, air support and if that fails, more ac- ed States, having broken with our NATO al- and Canada gathered in Helsinki, Fin- tive military support. At that stage, the U.S. lies as a result of the unilateral lift, will be land, for the solemn signing of the Hel- will have broken with our NATO allies as a expected to fill the void—in military support sinki Final Act of the Organization for result of unilateral lift. The U.S. will be and humanitarian aid. If lifting the embargo Security and Cooperation in Europe, asked to fill the void—in military support, leads to more Serbian military gains, would humanitarian aid and in response to refugee we watch Sarajevo fall, or would we be com- the OSCE. In two decades since this crises. Third, intensified fighting will risk a pelled to act—this time by ourselves? historic gathering, the Helsinki Ac- wider conflict in the Balkans with far-reach- Third, intensified fighting risks a wider cords have helped guide relations be- ing implications for regional peace. Finally, conflict in the Balkans, with far-reaching tween the participating states from the UNPROFOR’s withdrawal will set back pros- implications for Europe and the world. We dark days of the cold war to the dawn- pects for a peaceful, negotiated solution for have worked hard to contain the conflict ing of democracy in the countries of the foreseeable future. with Bosnia—so far, successfully. If the East Central Europe and the former fighting spreads, the fact that our unilateral In short, unilateral lift means unilateral Soviet Union. responsibility. We are in this with our allies action had triggered the escalation would now. We would be in it by ourselves if we compel us to deal with the consequences. Mr. Chairman, the commemoration unilaterally lifted the embargo. The NATO Finally, the U.N.’s withdrawal will set of today’s anniversary is overshadowed Alliance has stood strong for almost five dec- back prospects for a negotiated peace for the by the dark ongoing tragedy in Bosnia- ades. We should not damage it in a futile ef- foreseeable future—the only hope for a genu- ine end to the conflict. Herzegovina, one of the newest mem- fort to find an easy fix to the Balkan con- bers to join the OSCE. It is fitting that flict. In short, unilateral lift means unilateral Veto any resolution or bill that may re- American responsibility. the House consider S. 21 legislation to quire the United States to lift unilaterally We must recognize that there is no risk- lift the arms embargo in Bosnia today. the arms embargo. It will make a bad situa- free option in Bosnia. But I believe the wiser course—the path I have been pursuing inten- At no point over these past 20 years, tion worse. I ask that you not support any Mr. Chairman, have the principles en- Congressional efforts to require a unilateral sively with our allies over these past days— lift of the Bosnian arms embargo. is to strengthen the U.N.’s ability and will- shrined in the Helsinki Final Act been Sincerely, ingness to protect Bosnian safe areas against under greater attack than in the ongo- BILL CLINTON. Serb aggression: to enable UNPROFOR to ing war of aggression and genocide in make a real difference in Bosnia as it has, Bosnia. Over the course of the past 3 [From Newsweek, Aug. 7, 1995] for all its deficiencies, over the past three years, virtually each and every one of years. Let us not forget that UNPROFOR has THE RISK OF ‘AMERICANIZING’ THE WAR carried out an unprecedented humanitarian these principles have been violated by (By President Clinton) operation that feeds and helps keep alive the Serb militants in Bosnia and neigh- Unilaterally lifting the arms embargo on over two million people in Bosnia; that, until boring Croat, with devastating con- Bosnia is the wrong step at the wrong time. recently, the number of civilian casualties sequences for the people of these two Let me explain why I believe so strongly has been a fraction of what it was before the countries. Tens of thousands of women that this is the case. U.N. arrived; that much of central Bosnia is and girls raped, hundreds of thousands Without question, the current situation in at peace; and that where UNPROFOR has of innocent civilians killed in cold Bosnia is unacceptable. The recent assault agreed to make the commitment to use blood, millions driven from their by Bosnian Serbs on the Muslim enclaves in NATO power, as it did to stop the brutal Srebrenica and Zepa, and the brutality and Serb shelling of Sarajevo in February 1994, it homes through a policy of ethnic atrocities that have accompanied it, are in- has worked dramatically as long as that cleansing; concentration camps, wan- tolerable. The inability of the United Na- threat remained credible. ton aggression, and genocide in the tions mission in Bosnia (UNPROFOR) to pro- For UNPROFOR to play this role now, it heart of Europe 50 years after the vic- tect centers it has declared as ‘‘safe areas’’ must become a genuine force for peace in tory over Nazi Germany. Promises of undermines the U.N., NATO and Western val- Bosnia once again. Serious steps have been never again ring curiously hollow in ues in general. UNPROFOR clearly has taken over the past several days. The British the face of genocidal practices and pol- reached a crossroads. The issue is not wheth- and French, with our support, are deploying icy pursued by those bent on the de- er to act, but how. a Reaction Force to open land routes to Sa- There are three basic alternatives. One is rajevo and strengthen UNPROFOR’s ability struction of the multiethnic state in to undertake a massive commitment by to carry out its mission. Meeting in London Bosnia. NATO, including U.S. ground forces, for the in recent days, our allies, mindful of the The crisis in Bosnia, Mr. Chairman, purpose of decisively affecting the outcome risks, agreed to respond to an attack on the has unmasked a crisis of leadership at of the war. From the beginning of my presi- remaining eastern enclave of Gorazde with dency, I have refused to cross that line, and substantial and decisive air power. We are the White House and in the West in I will continue to do so. I cannot justify working to extend that commitment to the general, characterized by confusion, committing American ground troops to other safe areas. contradiction, and ultimately, acquies- Bosnia except for the limited purpose of act- To make good that agreement, NATO has cence. While no one wants to be blamed ing within NATO to protect our allies if they fundamentally altered the way in which such for the bleeding of Bosnia, Mr. Speak- withdraw or to help enforce a genuine peace air strikes will be conducted, empowering er, no one is willing to intervene in agreement. military commanders to respond to a broad order to stop it. For 3 years the inter- The second alternative, born of intense range of targets rather than the ‘‘pinprick’’ national community has pursued a dip- frustration with the current situation and responses of the past. And U.N. Secretary embraced by many in the Congress, is for the General Boutros-Ghali last week delegated lomatic process which has consumed United States, by itself, to violate the inter- the authority for the use of air strikes to the considerable time and effort, even as national arms embargo in order to better en- military commanders in the field, where it Bosnia and her people have been able the Bosnians to fight for themselves. It belongs. consumed by armed aggression and is powerfully appealing, but it is not that NATO air power will not end the fighting genocide. simple. It has real and serious consequences in Bosnia, but, at best, it can deter aggres- for the United States. sion; at least, it will increase its price; and Left unchecked, Mr. Chairman, this First, our allies have made clear that uni- in the process, it will enhance the chances of crisis of leadership will only further lateral U.S. action to lift the arms embargo, a diplomatic settlement. erode institutions, vital institutions August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8091 like the United Nations, NATO, the Eu- Silajdzic has said over and over again, status quo have led to a dead end. With the ropean Union, and the OSCE, with di- ‘‘We do not need American troops passage of time, the policy options in Bosnia rect political and economic con- there, but what we do need is the abil- have been reduced. In fact, there are no easy sequences for the United States. ity to defend ourselves.’’ That is what options to pursue. This stark reality has only Mr. Chairman, the international they need the ability to do. exacerbated the crisis in leadership over community has stood by as well-armed Mr. Chairman, I rise in strong support of S. Bosnia. Serb militants, under the leadership of 21, legislation passed in the Senate which Left unchecked, Mr. Chairman, this crisis of indicted war criminals Karadzic and would lift the arms embargo on Bosnia and leadership will only further erode vital institu- Mladic have pursued their genocide Herzegovina upon a request from the Bosnian tions like the United Nations, NATO, the Euro- policies, bent on the destruction of Government to the United States requesting a pean Union, and the OSCE with direct political Bosnia and the creation of a greater lift and a request from Bosnia to the United and economic consequences for the United Serbia. Nations requesting the withdrawal of States. At the same time the government of UNPROFOR. An actual lift would take place, Mr. Chairman, the international community the sovereign, independent, and recog- under this bill, 12 weeks from the date of the has stood by as well-armed Serb militants, nized state of Bosnia has been pre- request to the United Nations. It also includes under the leadership of indicted war criminals vented from attaining the means to de- a provision extending that time frame in the Radovan Karadzic and Ratko Mladic, have fend itself and its people through its event that such a withdrawal would require pursued their genocidal policies bent on the continued imposition of an arms em- more time to complete. destruction of Bosnia as a multiethnic state bargo which virtually guarantees a vic- Mr. Chairman, exactly 20 years ago today and the creation of a greater Serbia. At the tory to the Serb militants. At this President Gerald Ford and the leaders of 33 same time, the government of the sovereign, point, further negotiations with war European countries and Canada gathered in independent, and recognized state of Bosnia criminals like Mladic and the others Helsinki, Finland for the solemn signing of the and Herzegovina has been prevented from ob- can only yield results at the further ex- Helsinki Final Act of the Organization for Se- taining the means to defend itself and its peo- pense of Bosnia. Appeasement by the curity and Cooperation in Europe [OSCE]. As ple through the continued imposition of an West has only raised the stakes for a a member, and now as Chairman of the Hel- arms embargo which has virtually guaranteed final settlement, even as the Serb mili- sinki Commission, I have witnessed first hand, victory by the Serbs given their superiority in tants pursue their aims on the ground. the positive impact of the OSCE in helping to heavy weapons. The message is clearÐmight Herding Moslems and Croats into shape developments in Europe. In the two makes right. shrinking numbers of ethnic ghettoes decades since this historic gathering, the Hel- There is nothing to suggest that the militant is not the answer. If the international sinki Accords have helped guide relations be- Serbs, who have been allowed to wage their community has been unwilling to pro- tween the participating states from the dark war of aggression and genocide in Bosnia with vide for the collective defense of days of the cold war through the dawning of impunity, will be satisfied with anything less Bosnia within its internationally rec- democracy in the countries of East Central than the complete annihilation of that country. ognized borders, on what basis can we Europe and the former Soviet Union. Their appetites whetted, what is to prevent be expected to defend even a truncated Mr. Chairman, the commemoration of to- them from moving against Croatia, Macedonia, Bosnia, as recently suggested by day's anniversary is overshadowed by the on- Kosovo, or others in the region? If the militant Charles Krauthammer in his op-ed? going tragedy in Bosnia and Herzegovina, one Serbs were interested in striking a deal, they Let me just quote this: ‘‘While the of the newer members to join the OSCE. It is would have signed onto the contact group pro- administration goes back and forth, fitting that the House consider S. 21, legisla- posal presented over a year ago, accepted by more lives are being lost and the situa- tion to lift the arms embargo on Bosnia today, Sarajevo, and repeatedly rejected by Pale. tion grows more desperate by the day.’’ Mr. Chairman, for at no point over these past These words are not mine, Mr. Chair- 20 years have the principles enshrined in the At this point, further negotiations with war man, but an observation made by then Helsinki Final Act been under greater attack criminals like Karadzic and Mladic or their candidate Bill Clinton in October 1992, than in the ongoing war of aggression and benefactor in Belgrade, Slobodan Milosevic, in the early months of a war which has genocide in Bosnia. Over the course of the can only yield results at the further expense of now stretched for over 3 years. For 30 past 3 years, virtually each and every one of Bosnia. Appeasement by the West has only months President Clinton has vacil- these principles has been violated by Serb raised the stakes for a final settlement even lated as even more lives have been lost militants in Bosnia and neighboring Croatia as the militant Serbs pursue their aims on the and the situation has grown even more with devastating consequences for the people ground. desperate on the ground. of these two countries. Herding Moslems and Croats into a shrink- The United States has backed a dip- Tens of thousands of women and girls ing number of ethnic ghettos is not the an- lomatic process which has led to a dead raped. Hundreds of thousands of innocent ci- swer. If the international community has been end. We have to be honest and face vilians killed in cold blood. Millions driven from unwilling to provide for the collective defense that. No amount of tinkering is going their homes through a policy of ethnic cleans- of Bosnia and Herzegovina within its inter- to resuscitate the failed U.N. mission ing. Wanton aggression and genocide in the nationally recognized borders, on what basis in Bosnia. The so-called rapid reaction heart of Europe 50 years after the victory over can it be expected to defend even a truncated force agreed to nearly 2 months ago Nazi Germany. Promises of never again ring- Bosnia as suggested in a recent opinion piece was supposed to be the last great hope ing curiously hollow in the face of genocidal by Charles Krauthammer. for UNPROFOR. So much for rapid re- practices and policies pursued by those bent ``While the administration goes back and action, Mr. Chairman. The force has on the destruction of the multiethnic state of forth, more lives are being lost and the situa- turned into a farce as militant Serb Bosnia. tion grows more desperate by the day.'' These forces moved against the enclaves in The crisis in Bosnia has unmasked a crisis words are not mine, Mr. Chairman, but an ob- Srebrenica and Zepa, two U.N. pro- of leadership in the West characterized by servation made by then-candidate Bill Clinton tected areas, and they have done so confusion, contradiction, and ultimately acqui- in October 1992 in the early months of a war with impunity. The fate of another en- escence. While no one wants to be blamed for which has now stretched over 3 years. For 30 clave, Bihac, is very much in doubt as the bleeding of Bosnia, Mr. Chairman, no one months now President Bill Clinton has vacil- Serbs from Croatia have joined their is willing to intervene in order to stop it. For 3 lated as even more lives have been lost and Bosnian Serbian brethren in a military years, the international community has pur- the situation has grown even more desperate. assault which continues, despite the sued a diplomatic process which has The United States has backed a diplomatic promises to repel Croatian Serbs and to consumed considerable time and effort even process which has led to a dead end. Mr. pull back from the area. A spokesman as Bosnia and her people have been Chairman, no amount of tinkering is going to for the U.N. peacekeeping battalion in consumed by armed aggression and geno- resuscitate the failed U.N. mission in Bosnia. the Bihac pocket says there were no cide. Whenever a new crisis has arisen, the Time and time again the administration has signs of a general withdrawal, and Serb response of the international community has asserted that it was backing the one last military tanks and artillery that power been to convene yet another conference, chance to sustain the U.N. effort in Bosnia. It the advances were going ahead. issue another statement, or adopt a new reso- was the contact group proposalÐthat's been Mr. Chairman, just let me conclude lution. So many words, so little action. Pursuit gathering dust on the table for over a year as very, very briefly. Prime minister of policies largely intended to preserve the the Bosnian Serbs have continued to wage H 8092 CONGRESSIONAL RECORD — HOUSE August 1, 1995 their war of aggression and genocide on inno- is subjected to sporadic shelling. These and If the proponents succeed and if the cent civilians in so-called safe havens and other developments underscore the urgency of policy that is outlined becomes reality, elsewhere in Bosnia. lifting the arms embargo without further delay. supporters of this resolution had better The so-called rapid reaction force agreed to Time is of the essence. be ready to support the engagement of nearly 2 months ago was suppose to be the While I would have preferred an immediate American troops. I think it is impor- last great hope for UNPROFOR. Well so much lifting of the embargo as envisioned in my bill, tant that these questions must be an- for rapid reaction. Mr. Chairman, the force has I am convinced that the Congress reach a swered: Who provides the arms? How turned into more of a farce as militant Serb consensus on the embargo sooner rather than long does it take to put the arms in forces moved against the enclaves Srebrenica later. The bill before us represents that con- place? How long does it take to ade- and Zepa two U.N. protected areas with impu- sensus. quately train the Moslems? What hap- nity. Mr. Chairman, through inaction the United pens to the Americans that are train- The fate of another enclave, Bihac, is very States and the international community have, ing and delivering those arms? Do we much in doubt as Serbs from Croatia have in fact, become accomplices to genocide. expect the Serbs to stand idly by? joined forces with their Bosnian brethren in a I urge my colleagues to heed the message What do the Russians do about provid- military assault which continues despite prom- contained in the letter of resignation of the ing arms to the Serbs? ises by rebel Croatian Serbs to pull back from U.N. Special Rapporteur for Human Rights in b the area. A spokesman for the U.N. peace- the former Yugoslavia, former Polish Prime 1215 keeping battalion in the Bihac pocket said Minister Maziowieski, dated July 27, 1995: Mr. Chairman, there are too many there were no signs of a general withdrawal ``We are dealing with the struggle of a state, unanswered questions, even before we and Serb artillery and tanks that powered ad- a member of the United Nations, for its sur- consider the possibility of engaging vances almost to the heart of the pocket had vival and multi-ethnic character, and with the Americans on the soil in Bosnia. All of not budged. So much for promises. endeavor to protect principles on international the questions must be answered and all At the end of last week, President Clinton, order. One cannot speak about the protection of the contingencies must be con- referring to NATO plans for aggressive bomb- of human rights with credibility when one is templated and the alternatives must be ing of Serb positions if they move on Gorazde confronted with the lack of consistency and planned. or if other safe havens are imperiled, said, courage displayed by the international commu- Mr. Chairman, several years ago, we ``This is the last chance for UNPROFOR to nity and its leaders. The reality of the human voted to authorize the use of force and survive.'' Well the robust bombing many, in- rights situation today is illustrated by the trag- military action in the Persian Gulf, cluding myself, had hoped for has yet to mate- edy of the people of Srebrenica and Zepa.'' and I did not, as any Member of this rialize despite the latest attacks on Bihac. A He continues: ``The very stability of inter- body, take that lightly or as an uncon- spokesman in Brussels said last Thursday that national order and the principle of civilization cerned bystander. At that time I had a NATO officials were ready to meet at a mo- is at stake over the question of Bosnia. I am son who wore a marine uniform to ment's notice to discuss plans for Bihac and not convinced that the turning point hoped for work every day and there was a great Sarajevo. Mr. Chairman, attempts to fix will happen and cannot continue to participate probability that he would wind up in UNPROFOR will only consume more precious in the pretense of the protection of human the gulf, and yet I think the action time as the militant Serbs continue, with impu- rights.'' that was taken that day was right. I nity, their campaign of aggression and geno- Mr. Chairman, it is time to stand by our prin- supported it. It was right then, and I cide. ciples. think it is right now. But I think that Mr. Chairman, time and time again we are Mr. Chairman, the Bosnians have asked us today is a substantially different ques- told that plans are being worked out and that for one thingÐthe right to defend themselves tion. Where is the American interest? it will take a couple of more planning sessions and their country. Enough is enough. Mr. Mr. Chairman, I would not vote to before everything is in place. By the time most Chairman, it is time to put an end to the send my son to Bosnia, and I will not of this planning has been completed, the plans equivocation and vacillation which have char- vote to send yours. have been overtaken by events on the ground. acterized United States policy toward Bosnia. Mr. GOODLING. Mr. Chairman, I And the cycle goes on and on and on. I urge my colleagues to uphold Bosnia's fun- yield myself 1 minute. President Clinton said the other day that he damental right to self-defense by voting to lift First of all, Mr. Chairman, I would has decided ``we're either going to do what we the arms embargo. say that I would not worry about any said we're going to do with the U.N. or we're Mr. HAMILTON. Mr. Chairman, I message we may be sending to the rest going to do something else.'' Mr. Chairman, yield 5 minutes to the gentleman from of the world, as the previous speaker this pretty much sums up the Clinton adminis- Texas [Mr. COMBEST], the distinguished alluded to. Unfortunately, the adminis- tration's failed Bosnia policy if it has one to chairman of the Permanent Select tration has confused the rest of the begin with. Faced with the worst humanitarian Committee on Intelligence. world for so long with threats and crisis to strike Europe since the end of World Mr. COMBEST. Mr. Chairman, I promises never carried out, or changed War II, the Clinton administration has vacil- thank the gentleman for yielding time their mind from day-to-day. lated and equivocated time and time again. A to me. Mr. Chairman, in the past I have not crisis of leadership in a country which, until re- Mr. Chairman, I rise in opposition to supported this resolution. I have not cently, was viewed, with pride, as the leader this resolution. I have consistently op- supported the resolution primarily be- of the free world. posed the lifting of the arms embargo cause it was a unilateral effort and I Mr. Chairman, as the prime sponsor of H.R. in Bosnia, and I continue to maintain did not think we should be in that kind 1172, I rise today to urge my colleagues to that consistency. I do not question the of position, since we did not have the vote, as they did in overwhelming numbers motives of those who strongly support troops on the ground and other coun- and on a bipartisan basis on June 8, to lift the this action. I respect their position, tries did. However, this resolution is illegal, immoral, and inhuman embargo im- and I think it is a way to speak out different in that this resolution only posed on Bosnia and Herzegovina. In the against the atrocities that are occur- takes effect as the U.N. forces leave or past, the Congress has sent mixed messages ring. if the Bosnian Government indicates in to the administration over policy toward However, this is not a free vote. writing that they want the U.N. forces Bosnia. I believe it is imperative that the Con- Some people have said that a vote in out. Therefore, we have a totally dif- gressÐHouse and SenateÐspeak with a sin- favor of this resolution would be a con- ferent picture. gle voice in support of Bosnia's inherent and demnation of the administration’s So I will support this resolution. I do sovereign right to self-defense. The June 8 failed policy, and I would have to not stand here indicating that it is a House vote of 318 to 99 confirmed that there admit that that makes it very tempt- great answer to a very serious problem. is growing support on both sides of the aisle ing, but I think it is much more than I know that what we have done in the for ending this embargo once and for all. that. Mr. Chairman, I would hope that past has not been effective and has In the 7 weeks since the House vote the sit- if this policy becomes the law of the caused millions to flee, other slaugh- uation on the ground in Bosnia has gone from land that I am wrong, because if I am tered. So it is our next best hope. But bad to worse. The safe havens of Srebrenica not wrong, it is going to mean that I will support the resolution since it is and Zepa have fallen. Militant Serbs continue there have been Americans that have not unilateral in that the forces on the their savage armed attacks on Bihac. Sarajevo died in Bonsia. ground will already have gone, or they August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8093 will be asked to leave by the Bosnian outstanding service. Moreover, any What should we do? In the words of Government. conceivable solution to the conflict Gen. John Galvin ‘‘stay with peace- Mr. HAMILTON. Mr. Chairman, I will require some kind of international keeping * * * recognize that a crisis yield 51⁄2 minutes to the distinguished presence. We should keep the U.N. such as this can be long and difficult gentleman from Rhode Island [Mr. forces in Bosnia and not take action * * * hold to our purpose [and] remem- REED]. that would confound their efforts.’’ ber that permanent peace can come Mr. REED. Mr. Chairman, I rise in Lifting the arms embargo will accel- only if the combatants will it so.’’ I opposition to this bill. erate the departure of UNPROFOR for urge rejection of this bill. Today, the House of Representatives several reasons. First, intensified fight- (By unanimous consent, Mr. GILMAN considers legislation to lift the arms ing will further threaten the very sur- was allowed to speak out of order.) embargo governing Bosnia. This pro- vival of UNPROFOR forces which are IN MEMORIAM: THOMAS E. ‘‘DOC’’ MORGAN posal is a product of months of frustra- scattered throughout the former Yugo- Mr. GILMAN. Mr. Chairman, the pur- tion and outrage as the killing goes on slavia and are not organized for sus- pose of my request is to inform my col- in Bosnia, as we witness scenes of cal- tained and determined combat oper- leagues of the death of the former dis- culated cruelty which we thought had ations. Second, and arguably most tinguished chairman of our House been banished with the defeat of the critically, it will give our allies and International Relations Committee, Nazi tyranny 50 years ago, and as we the United Nations the political jus- the gentleman from Pennsylvania, observe the western powers and the tification to cut their losses and with- Thomas E. Morgan. United Nations fitfully grapple with draw. No longer would they be accused ‘‘Doc’’ Morgan—as he was affection- the violence that has engulfed the of abandoning their mission. Rather ately known to all of us—died peace- former Yugoslavia. they could point to the unilateral ac- fully yesterday afternoon in But, frustration and outrage, as sin- tion of the United States in frustrating Fredericktown, PA. He was 88. ‘‘Doc’’ cerely and keenly felt as they may be, the strategy of the world community. Morgan was first elected to this House should not be the rationale or measure in 1944, and retired on January 2, 1977, And as we consider this measure of our policies. Rather, we must look after 32 years of distinguished service. today, we should be acutely aware that to the consequences of our actions; the He assumed the chairmanship of our the departure of the United Nations consequences for ourselves as well as House Foreign Affairs Committee, as it will trigger our announced policy of for the people of the former Yugo- was then known, in 1959, and served as committing U.S. ground forces to as- slavia. our able chairman for 17 years. He was sist in the evacuation of our allies. As By lifting this embargo, we will guar- a friend and a mentor to all who knew such, if this proposal passes, we are antee only one thing: The level of vio- him. taking a step closer to the introduction lence in the former Yugoslavia will in- Funeral services will be held Friday of American forces into the killing crease. Passage of this proposal will at 2 p.m. at the Methodist Church in fields of the former Yugoslavia. Iron- initiate a powerful and compelling dy- Fredericktown. Flowers may be sent in ically then, today’s vote may draw us namic among the combatants. For the care of the Greenlee Funeral Home, into the battle and not, as some may Bosnian Serbs, the logic is quite clear; Fredericktown, PA. 15333. argue, give us an easy way to remain strike as quickly as you can with as Mr. HAMILTON. Mr. Chairman, will aloof from the struggle. much force as you can muster before the gentleman yield? Mr. GILMAN. I yield to the gen- the Bosnian Government can increase Lifting the arms embargo will not tleman from Indiana. its military capabilities. For the provide the Bosnian Government with the timely and decisive edge that it Mr. HAMILTON. Mr. Chairman, I ap- Bosnian Government, the logic is preciate very much the chairman of equally clear; do not negotiate, con- needs to counter the Bosnian Serbs. In- dividual weapons already are in plenti- the committee making this announce- tinue to resist, and prepare through ment for the benefit of Members. It was local offensives for the time when a ful supply in Bosnia. What is lacking are crew-served weapons such as artil- my privilege, of course, to serve under reequipped Bosnian Army can mount a Chairman Morgan. My recollection is general offensive to reclaim territory lery and tanks. The simple presence of these weapons is not sufficient for he served as chairman of the commit- lost to the Serbs. tee, then the Committee on Foreign Af- By lifting the embargo, we will pre- their effective use. Extensive training fairs, longer than any other person has cipitate the withdrawal of the U.N. must be undertaken on many levels. On ever done so. mission and terminate the commit- the technical level, crews must train to obtain basic proficiency. On the tac- Mr. Chairman, our former colleague ment of our European allies to main- practiced medicine throughout his ten- tain their troops in the former Yugo- tical level, units must be trained to in- tegrate these weapons into effective ure in the Congress. He was very close slavia. Having visited U.N. forces in to his constituents. He served any the former Yugoslavia, I am acutely combined arms teams. All of this takes time as well as outside expertise. number of Presidents, I really do not aware of their organizational short- know how many. He was a close con- comings and, just as importantly, the Without training and external support, these arms are ineffective. Thus, today's vote is fidant and adviser of several. He re- lack of a clear and consistent policy flected great credit upon this institu- objective to focus the use of military more about symbolism than practical and timely assistance to the Bosnian Government. tion, and all of us appreciate very power. Nevertheless, UNPROFOR, for much the contributions of his remark- Although lifting the arms embargo may as- all its shortcomings, has limited the able life and extend to his family our suage the sensibilities of the proponents, it will violence in Bosnia and prevented the deepest sympathy. He was in all re- not resolve the conflict in Bosnia. Moreover, expansion of violence into other re- spects a most remarkable man. gions of the former Yugoslavia. the escalation of combat resulting from this Mr. GILMAN. Mr. Chairman, I thank That is the conclusion of Gen. John policy could spill over into other parts of the the gentleman from Indiana for his re- R. Galvin, former NATO commander, former Yugoslavia; particularly if other ethnic marks, and I would like to note that one of the most distinguished military groups claim that they should be the bene- there will be a special order in memory leaders of our generation and now the ficiaries of this policy of unrestricted access to of ‘‘Doc’’ Morgan at a later date. dean of the Fletcher School of Law and the international arms bazaar. The CHAIRMAN. The Chair would Diplomacy at Tufts University. In tes- There are no easy solutions to the take the liberty at this time to thank timony before Congress in June, Gen- crisis in the former Yugoslavia. Lifting the gentleman for advising this body of eral Galvin stated that a ‘‘key aspect the arms embargo is easy, but it will this tragic news. for an understanding of the situation not resolve this crisis. Indeed, there is Mr. GILMAN. Mr. Chairman, I yield 2 in Bosnia is our concept of the value of the very real possibility that it will es- minutes to the gentleman from Penn- UNPROFOR. * * * They deserve more calate the fighting, precipitate the sylvania [Mr. GEKAS]. credit than we have been willing to withdrawal of international forces, ex- Mr. GEKAS. I thank the gentleman give them.’’ He went on to add in re- pand the fighting to other regions and for yielding time to me. gard to UNPROFOR ‘‘their multi- draw United States ground forces into Mr. Chairman, I come to the decision national troops have given the world the deadly morass of Bosnia. that has to be made here with of course H 8094 CONGRESSIONAL RECORD — HOUSE August 1, 1995 the age-old-mixed emotions. In the Congress. Some of them have been not Mr. GILMAN. Mr. Chairman, I yield 1 community which I serve in my home quite this serious, but they are all minute to the gentleman from Ohio area, there are fellow Americans who about the same. Every time there is [Mr. TRAFICANT]. have direct blood and emotional ties to any injustice done around the world, (Mr. TRAFICANT asked and was the very area which we are considering our good instincts urge us to go out given permission to revise and extend here today as the focal point of this there and get involved in it. But this is his remarks.) resolution. I have Americans of Ser- not America’s war, this is not the Unit- Mr. TRAFICANT. Mr. Chairman, we bian contact, of Slovenian blood, of ed States’ war, and we should not get were not elected to Western Union to Croatian allegiance, of Macedonian involved in it. send messages; we are elected to the heritage, of Bosnian Serb, Bosnian I want to make it very, very clear Congress of the United States. Croat extraction. that if the President calls upon us to I support the bill. Current policy is a Mr. Chairman, what am I to do? They send troops, American troops, to this failure. Bosnian Moslems are being have strong feelings about what is hap- war zone, I will not support it. If we are exterminated. Safe havens do not exist. pening. No matter what I do or how I called upon to appropriate money for They are, in fact, shooting galleries. vote, I will be perceived by one seg- the arms or any participation in this U.N. peacekeepers are being held as ment or another as taking sides. I can war, I will not support it. human-hostage shields, allowing the do nothing less than try to do the best Mr. Chairman, anyone who is the aggressors to brutalize the victims. I can in the situation we find ourselves; least bit familiar with the history of Mr. Chairman, I ask my colleagues, keeping their ideas and opinions in this sad part of the world knows that how can we sit idly by and not even mind, of course, but then, rising above this conflict has been going on for allow those brutalized victims to de- that and doing the best I can to try to eons. These poor people who are in- fend themselves, protect their homes, help the American position, the U.S. volved in it now were born into this their wives, and their children? Government position, in that morass mess, and I feel terribly sorry for them. As far as getting involved in this, do that we find ourselves. But there is no practical way we can we honestly believe that these Katz- Mr. Chairman, I will support this res- help them. enjammer Cops who are over there are olution, because I have answered one If we repeal the arms embargo unilat- going to keep anybody out? question that I posed to myself in this erally, as we do here, we will imme- Mr. Chairman, I support this bill, but fashion. The question: What good did diately give the Russians the excuse to let me say this: This is in Europe’s the placement of the embargo do in supply arms to the opposing side. They backyard. Europe has got to respond. 1991? What is the result of the embargo are far closer to the conflict; they can We are not the policeman for the that was forced on these parties in transport their arms immediately to world, but all free people should at 1991? The answer is easy to come by. the areas, and the impact to the com- least help those victims to defend Rapes, killings, expansion of the war, batants is that the Serbs will have a themselves and protect their families. attacks, safe haven victims, nonsafe lot more arms and more quickly and be If we cannot do that, then freedom haven victims, war of words, no resolu- able to do more damage to the means very little to the Congress of tion to the problem, continued blood- Bosnians. the United States anymore. Mr. HAMILTON. Mr. Chairman, I shed. We can do no worse than to lift Second, are we going to pay for the yield 2 minutes to the gentleman from that embargo and begin to help the arms that the Bosnians purchase? I do Florida [Mr. PETERSON]. President form a foreign policy in that not know who else would pay for them; Mr. PETERSON of Florida. Mr. region that will help all. obviously, we are going to have to. Mr. HAMILTON. Mr. Chairman, I Chairman, we are looking for a solu- Third, what are we going to do when yield 5 minutes to the distinguished tion. We are looking for the solution to we Americanize this war? Are we going gentleman from Florida [Mr. GIBBONS]. the indiscriminate killing that has oc- to then be prevailed upon to send Mr. GIBBONS. Mr. Chairman, I curred in Bosnia over the last several ground forces into Bosnia, send more thank the gentleman for yielding time years. air forces into Bosnia? What are we to me. For a moment, I thought lifting the going to do if this war expands, as it Mr. Chairman, let me say that I re- embargo would be a solution. Maybe a perhaps will do, as we add more fuel to gret hearing the news about the death few years ago, we would have made a the fire by supplying arms? of Dr. Morgan. I was privileged to work difference. I do not think so now. with him and serve with him here, and I do not think America is ready for Mr. Chairman, my major consider- he was a man of good common sense, it. We have a humanitarian interest in ation comes from what happens when and I feel that if he had been here this area, certainly, but we have no we do so. My major consideration is today, he would be right where Mr. great national interest in this area, that we immediately place our allies’ Hamilton is, warning us not to get in- and it has been my experience that troops, our allies who have troops in volved any deeper in their situation. Americans do not get involved well or Bosnia on the ground, in deep jeopardy. stay long where we do not have a great U.S. forces would immediately be b 1230 national interest involved. withdrawn, and that has been well- Let me say everything I have to say I hope that Members will take this known. The United States would be- is premised upon the fact that I feel vote very seriously, will realize that as come responsible for the introduction terribly sorry for the Bosnians in- well intended as they are, that this is of troops to assist in that withdrawal. volved in this conflict. It was obvious just a feel-good, pass-the-buck type of If we agree to assist in supplying arms, that we were going to be on their side, resolution. It will not put an end to then we must assume the responsibil- despite the religious differences, be- this war; it will cause those forces that ity for training the personnel in the cause we want to keep peace in that are there now under the U.N. command use of those arms. area and we want to protect people’s to pull out. The pillaging will go on, There is a major cost fiscally, a rights in that area. Had the Bosnians and before any effective intervention major cost potentially in lives, for this been winning, we would be here defend- can be made by any side, the war will action. I am not convinced we have ex- ing the Serbs, but that is not the case. have come to an even worse conclusion ercised all the options that we have in The resolution is a feel-good, pass- than it may under any other set of cir- the prospect of dealing with this issue. the-buck resolution. It will allow us to cumstances. Mr. Chairman, our strength lies in go home and say we did something, de- Mr. Chairman, this is not a wise reso- the use of air power. At the same time, spite the fact that it may not have lution. It is humanitarianly motivated, we do not want to take sides. I am con- been very rational; and we have got an but it will cause great suffering for the vinced that the conflict has a solution answer for the people who stop us on people who are on the ground there, only in negotiation and not on the bat- the street, but it is not the right an- and it will be something that we must tlefield. I say, freeze in place every- swer. pay a higher and higher price for as we thing throughout the country on both Mr. Chairman, I have been through go along. sides with no military movement any- about five of these in my career here in Vote ‘‘no’’ on this resolution. where in Bosnia, period. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8095 With air power, we can enforce this issue, both as chairman of the commit- the embargo. Lifting the embargo will proclamation. Whoever, either side, be- tee and as a Member of this body. not make the slaughter in Bosnia go comes the target in the movement, we Mr. Chairman, I think there are cer- away. It will not right the wrong will force both sides to the table. We tain points that should be made very choices of the past. Bosnia is a tragedy will bring about a negotiated settle- clear at the outset. First of all, this is and a failure for the entire world. ment as we try to take away from the not a partisan issue; it is not a Demo- This decision I have arrived at is not military solution and move into a dip- crat or Republican issue. It is a human so much based on a meticulous, intel- lomatic solution. issue, a moral issue, and it is an issue lectual analysis of foreign policy. It is Mr. HOYER. Mr. Chairman, will the behind which all men and women of based on a deep-seated, gut-wrenching gentleman from Florida yield? goodwill must rally to resist the ag- feeling that I, as a man, would live to Mr. PETERSON of Florida. I yield to gression of the Serbs. regret a decision to the contrary. the gentleman from Maryland. Second, there is no moral equiva- That’s not to say that I have not Mr. HOYER. Mr. Chairman, I agree lency in this war. This is not a case of given much thought to the matter and with the gentleman’s conclusion. two nations who just happen to be engaged in long and heated debates. I Mr. Chairman, I yield 11⁄2 minutes to fighting each other, any more than have. But I am absolutely convinced the distinguished gentlewoman from there was any moral equivalency be- that the situation in Bosnia can get New York [Mrs. MALONEY]. tween Nazi Germany and Czecho- worse, far worse than it already is. Mrs. MALONEY. Mr. Chairman, I rise slovakia. We are talking about the The war can broaden throughout the in strong support of the resolution. democratically elected government in region. Lifting the embargo now will It pains me to vote against my Presi- Bosnia being attacked by the brutal lead to a withdrawal by the United Na- dent on a foreign policy issue, but I dictatorship in Serbia. tions. The Europeans will wash their support the lifting of the arms embargo For those Members who say the Unit- hands and when the war escalates into of Bosnia. ed States should not get involved, the a larger Balkan explosion, the United Mr. Chairman, we cannot wait even tragic fact is we are involved and, States will be drawn in. one more day before the United States whether we admit it, we are involved That is the bottom line for me. I be- changes its policy on the Balkans and on the side of the Serbs, because we are lieve that a unilateral lifting of the takes active steps to stop the blood- embargoing the weapons that are going embargo now—too late in my view— shed and to halt the slaughter of inno- to the victims. As long as we continue will lead to the use of American troops cents. to allow that embargo to exist, then we in the region and I am totally opposed What the world has witnessed in stand with the Serbs. to that course of action. I cannot ac- Mr. Chairman, there are other for- Bosnia is quasi-genocide, mass rape, cept the loss of a single American sol- eign policy ramifications, apart from and the denial of the Bosnian people to dier in this insanity and that is the the moral issue here. If the aggression defend themselves against aggressive outcome that I believe I would have to is allowed to go undeterred by the assaults. Serbs, we are going to provide greater live with if I voted for this resolution. The U.N. policy has been a dismal I do not have the answer for Bosnia instability in that region. This can be failure. nor, it seems, does anyone else. I wish an encouragement to Russia to move Safe areas are not safe. on its former republics, when it sees I had the solution to the ongoing geno- Weapon-free zones are filled with that the Western World stays silent in cide and horror of this war’s innocent weapons. the face of such aggression. victims. I don’t. What I do have is an No-fly zones are filled with planes. Also, what kind of a message are we unyielding determination to fight And whatever humanitarian aid sending to the Moslem world? We have against including American sons and reaches the Bosnians does so at the suf- denounced genocide for the past 50 daughters, and mothers and fathers in ferance of the Serbs. years. We realized that the world stood this suffering. Lifting the arms embargo will not by and did nothing during World War II But let there be no misunderstand- lead to wider U.S. involvement. and we have said, ‘‘Never again will we ing. I can count votes and I believe this Allowing the Bosnians to defend allow genocide to be carried out.’’ Yet, resolution is likely to pass. If it does, themselves is the only credible way to there is genocide being carried out and if the promised veto is overridden, bring the fighting to an end. today against the Moslems and we are I will accept the commitment that we Without the lift, Serb atrocities will doing nothing about it. then acquire and will support whatever continue and the war will go on. Apart from the moral ramifications, is necessary to honor that commit- And if we do not act now, we risk a what does that do to our foreign policy ment. I believe that commitment will much broader war involving the entire posture in countries such as Iran, Iraq, be the use of U.S. Armed Forces. But I, Balkans region. This tragic outcome Egypt? We can go through all the Mos- at least, will not regret that I failed to would enhance the prospects of wider lem, Arab countries and see what that do all in my power to avoid that com- U.S. involvement. has done to damage our reputation. ing disaster. Therefore, we have both a strategic In conclusion, Mr. Chairman, I call b 1245 and a moral obligation to lift the em- for strong support of this bill. We have bargo, and to do it right away. no choice. It is a moral imperative. Mr. GILMAN. Mr. Chairman, I yield 6 Mr. Chairman, I will never forget Mr. HAMILTON. Mr. Chairman, I minutes to the gentleman from Vir- what Elie Wiesel said at the dedication yield 3 minutes to the distinguished ginia [Mr. WOLF], who has been a lead- of the Holocaust Memorial Museum, gentleman from Mississippi [Mr. er in the issue of lifting the arms em- just 1 mile from this Chamber. PARKER]. bargo against Bosnia. He turned to the President and said, (Mr. PARKER asked and was given Mr. WOLF. Mr. Chairman, I thank ‘‘Something—anything—must be done permission to revise and extend his re- the gentleman for yielding time to me. to stop the bloodshed. It will not stop marks.) I want to pay tribute to the gen- unless we stop it.’’ Mr. PARKER. Mr. Chairman, there tleman from New York [Mr. GILMAN] Stop the slaughter. comes a time in everyone’s life when he and the gentleman from Maryland [Mr. Support the amendment. or she must choose between two very HOYER] for their leadership on this Lift the embargo. bad choices. For me, this vote today is issue. Mr. GILMAN. Mr. Chairman, I yield 2 one of those times. For the last several Before I speak, I want to say that minutes to the gentleman from New years I have supported lifting the arms there are good and decent people on York [Mr. KING], a member of the embargo on Bosnia. I have made public both sides of the issue, and it is a dif- House Committee on International Re- statements to that effect and have ficult issue, and I am speaking for my- lations. criticized the foreign policy leadership self. I thank God, and I know that if Mr. KING. Mr. Chairman, I particu- of the Bush and Clinton administra- the French had not needed us at York- larly thank the gentleman from New tions on this issue. town, we may not have been an inde- York [Mr. GILMAN] for the tremendous But today, I will vote against this pendent nation. I will tell you, the leadership he has shown on this key resolution. I no longer support lifting British ought to thank God for the fact H 8096 CONGRESSIONAL RECORD — HOUSE August 1, 1995 that Americans went to their rescue in where women were kept for the satis- Mr. Chairman, in 1991, most all of us World War II. So we talk about aid and faction on rotation on a 15-day basis who are speaking here today stood in what will make the difference. History for soldiers coming in from the field, this very well to talk about whether or ha been changed by people assisting and I can identify with that one, be- not we were going to involve ourselves other people. cause the people outside at risk, there in the Persian Gulf war, whether or not I have visited Bosnia three times. was a little house there where women, we were going to send our troops to Ku- The first time I went there, I was with young girls ranging in age from 11 to wait to defend the freedoms this coun- the gentleman from New Jersey [Mr. 17, were kept from 8 to 10 months, 8 to try stands for. The President of the SMITH], who is not here. We were in 10 months in this house. They were all United States called, George Bush, and Vukovar just 2 weeks before Vukovar daughters of prominent persons in the he urged us to support what the admin- fell. When we went down in the cellars cities, and they were ultimately ran- istration was doing. The Vice Presi- of Vukovar, the people there said, somed. dent, Dan Quayle, called, and Colin ‘‘America? What will America do? Will I interviewed, Powell called, and Jim Baker called, America get involved?’’ We did not get he said, and we had a tremendous debate, one of involved. We now see the reports, hun- a 14-year-old or a 15-year-old who had been the healthiest debates that ever took dreds were killed; in fact, 204 people raped repeatedly for 8 to 10 months, consist- place on the floor of this House, over were taken out of the Vukovar hospital ently by their guards. I have seen an 11-year- one thing, whether or not we were and killed by the Serbs and put in a old in a fetal position in a psychiatric hos- going to go along with our commander mass grave. pital in Sarajevo having given birth to a in chief of these United States and let So we did not learn much of a lesson. child but having completely lost her mind. him exercise his constitutional prerog- We went on and maintained the embar- As fathers, forget the Congressmen ative of international affairs. go. and the Congresswomen, as fathers and Today is no different. It was the The second time I went to Bosnia, I as mothers, imagine you had to sit hardest vote I have made since I have visited a Serb-run prisoner-of-war back and watch your wife raped in been in the Congress because I had to camp. If you cannot see this picture, front of you, imagine that you watched vote ‘‘yes’’ or ‘‘no’’ as to whether or just go back and remember what your daughters raped in front of you, not to involve people from my own dis- ‘‘Schindler’s List’’ was like, because imagine that your sister is involved or, trict, placing their lives on the front this is what ‘‘Schindler’s List’’ was if you are woman, imagine that your liens of that encounter. And we won. like. The Moslem men would go like daughter has been taken away, pulled Today we have a new commander in this, they would walk around, they out of your arms and taken away and is chief, Bill Clinton. I did not vote for would not look you in the eye. I went in a house in a village down the street, President Clinton, but he is our com- in a place, and I hollered, ‘‘I am an and you know the soldiers go in there mander in chief, and the Constitution American Congressman from Amer- day in and day out and your little very clearly gives the responsibility of ica.’’ They lit up like that. You could daughter is in there. foreign affairs to the President of the see they thought maybe finally some- Talk about the geopolitical things. United States. We have a new Vice body cares. Forget it. Talk about what you would President, and we have a new Chair- Well, nothing more happened, and do if you were a father, and I say, God man of the Joint Chiefs of Staff, and the embargo continued. willing, if you were a father and if you all of these people who have been se- The third time I went, I went to East were a mother, you would want the lected by the President to run our Mostar, and this young lady, who is arms to defend yourself. But more im- international affairs have come to us probably maybe dead now, had nothing portant than defending your country, and pleaded with us to let them handle whereby they were being attacked over but to defend your mom and your wife international policy. and over first by the Serbs and then by or your daughter or your sister. That is The statements by the previous the Crouts. We continued, we contin- what we are talking about. speaker from Virginia are most com- ued the arms embargo. The Moslems have come to us and passionate statements. I could not Now, the geopolitic things are being said over and over they do not want agree with them more. No one in this talked about. Let us bring it down to American troops. Do not hide behind House, no one, likes the atrocities that where you and I and all of us are. It this. There are no American troops in- are taking place. No one of us will ever says, in the Golden Rule, it says, ‘‘Do volved. tolerate such atrocities, whatever sec- unto others as you would have them do They have told us over and over. The tion of the world it is in. unto you.’’ It does not say, ‘‘Do unto gentleman from Maryland [Mr. HOYER] others as you would not have them do has been there. They do not want Incidentally, it is taking place in to you.’’ It says, ‘‘Do unto others as American troops. So we are not voting other sections of the world. Why are we you would have them do unto you.’’ on American troops. not here saying, ‘‘Let’s bomb, let’s do Try to put yourself in this case. I am Second, under the U.N. Charter, they something in Rwanda?’’ Look at the going to take one narrow slice. When have the right to defend themselves. horrible things that are taking place we had the CSCE hearings, they said, They have the right to defend them- there, and I do not see a single one of the witnesses came and said there had selves. That is all they want to do. you coming and saying, ‘‘Let us do been 20,000-some rapes in a country of No American troops. We are not vot- something about Rwanda’’ less than 5 million people. Let me read ing on American troops. We are voting If we in this Congress are going to you the testimony from that one day, to lift the arms embargo. take over the responsibility of foreign the expert said. He said: So enough of this Bosnian nation, but affairs from the administrative branch Most of the rapes occurred in detention fa- so these Moslem fathers and sons and of government, well, then, let us vote cilities or in custodial settings. Most of them mothers and daughters can defend on that. Let’s change the Constitution occurred on a mass basis, not only in terms something that is so important that, if and do that. of the repeated number of rapes against the each of us were in that situation, we Are we going to tell our NATO allies victim, but also the number of victims. would want to do. that no longer does the President and In other words, the victims were I strongly urge an ‘‘aye’’ vote to lift the Secretary of State have the author- rounded up. the embargo. ity to enter into agreements with I will give you three examples in the Mr. HAMILTON. Mr. Chairman, I NATO forces? Are we going to say that town of Foca. There were three places yield 5 minutes to the distinguished just because the President thinks it is where this occurred: the partisan hall gentleman from Alabama [Mr. CAL- right and the French Government where the women were brought in and LAHAN]. thinks it is right and the British Gov- raped and kept, and it was sort of a (Mr. CALLAHAN asked and was ernment thinks it is right and the turning point where people would be given permission to revise and extend Dutch Government thinks it is right, brought in and out and raped and his remarks.) are we going to say we know more brought in and out and raped and Mr. CALLAHAN. Mr. Chairman, I about the intricacies of this problem brought in and out. In another place thank the gentleman for yielding. than they? August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8097 We ought to leave to the President of ground forces to help speed the depar- Under the legal constraints of the U.N. the United States his constitutional ture of U.N. peacekeepers. And, while Charter, this embargo cannot properly authority. This question is not over we all may have differing opinions be lifted without the approval of the the atrocities. about the President’s commitment, it Security Council. If we violate our Certainly, the Bosnian Moslems is right and proper that we aid our al- legal obligation to adhere to that em- know that those of us in this Congress, lies as the our policy changes. We bargo, we will undermine the credibil- 100 percent of those of us in this Con- would expect nothing less if our roles ity of other multilateral embargo ef- gress, believe that they are being mis- were reversed. forts in the future, such as that that treated by, the Serbians, and that this Mr. Chairman, I urge my colleagues we want to see maintained against is wrong, and we want to correct that. to support S. 21, and help close the Iraq. That is why we are here. That is why book on a failed arms embargo policy What can we do? Sadly there are not we are there. that, has done nothing but continue a lot of good alternatives. But we can Are we going to tell our NATO allies, the suffering of Bosnian Moslems. act, and we should act, to strengthen ‘‘All right, fellows, you are on your b 1300 the U.N.’s ability and willingness to own. We are going to lift the embargo,’’ protect the remaining safe areas Mr. HASTINGS of Florida. Mr. Chair- The Russian duma has already passed a against Serb aggression. There have man, I yield 4 minutes to the distin- resolution saying if the United States been improvements made in the recent guished gentleman from Colorado [Mr. votes to lift the embargo for the Mos- weeks to make increased and, I hope, SKAGGS]. lems, then they are going to lift it for more effective use of air power in the Mr. SKAGGS. Mr. Chairman, I thank the other side. event of any attack against the enclave the gentleman from Florida [Mr. HAST- The arms embargo is not just on the of Gorazde. And I want to see that ex- INGS] for yielding this time to me. Bosnian Moslem side. It is for the en- tended to other areas that ought to re- Bosnia is a profound tragedy, a polit- tire region. We are going to escalate ceive strong NATO support as well. the war, and we have 25,000 allies there ical, a moral, a military, a human trag- that we are going to have to get out of edy. The brutality and depravity of By increasing the price of aggression there. Serbian aggression not only murders I believe our power can enhance the No matter which way you look at it, innocent Bosnian civilians, it defies chances of diplomatic settlement. But it is going to have to involve American the ability of words to express our out- a congressional vote now to go it alone troops. rage and disgust. and lift the embargo will provide our Let me say to you today that the A vote to lift the embargo may look allies with a rationale for withdrawal. issue is not on whether or not the Ser- like a good way to register the moral It will tend to Americanize the conflict bians are mistreating the Bosnians, be- outrage that we all feel. But sound na- at a time when the American people do cause every evidence I have seen indi- tional security policy requires a care- not have a sense of a significant Amer- cates that they are. But, in my opin- ful examination of the consequences, if ican interest there. And I am afraid it ion, we ought to recognize that the we were to lift the embargo—and I do would ultimately result not in an im- President and the Secretary of State not believe we should. provement to this awful, awful situa- and the Chairman of the Joint Chiefs of Specifically, there are at least four tion, but to a further disintegration, Staff and NATO and our Ambassador to unintended consequences that we have further humanitarian calamity, and the United Nations are all pleading to face up to if we take the step of uni- further outrages at the hands of the with us to let them handle this inter- laterally lifting the embargo: Bosnian Serbs. national affair, to let them work with First, it would lead to a decision by Mr. GILMAN. Mr. Chairman, I yield 3 our allies, hopefully to gain some UNPROFOR to depart Bosnia and so minutes to the distinguished gen- peaceful solution. lead to the very dangerous involvement tleman from New York [Mr. PAXON]. I have conveyed to the President, of United States ground troops to ex- Mr. PAXON. Mr. Chairman, I rise in which all of you should do, the direc- tract the international force. Britain strong support of the resolution and tion that I think he should take. But and France have already made it clear commend the sponsors for their leader- for us to pass this resolution and for us what they would do. We have an obliga- ship. to tell the world that our President, tion, which we have already acknowl- that our Chief of Staff, that our Sec- edged, to help with the withdrawal My colleagues, many Members of this retary of State have no real authority, that would necessarily put U.S. forces House and I know many American citi- that the Congress is going to over-ride at real risk. zens have traveled to Israel and to Je- them, I think we are making a tremen- Second and perhaps most problem- rusalem where they have had the dous mistake. atic, lifting the embargo would almost chance to visit the Yad Vashem Holo- I would like to urge that the resolu- inevitably lead to an expansion of the caust Museum, and in that very mov- tion be withdrawn, and if not, then I conflict. I do not believe Serb national- ing museum there is a specially mov- would like to urge you to vote against ists are going to be satisfied merely ing place that is the Children’s Memo- it. with territorial gains in Bosnia. And if rial. It is a memorial to several million Mr. GILMAN. Mr. Chairman, I yield 1 the conflict spreads to other parts of children who died at the hands of the minute to the gentleman from Ne- the former Yugoslavia, then Greece, Nazis. When one stands in that room, braska [Mr. BARRETT]. Turkey, other regional powers are like- that dark room, they can hear the Mr. BARRETT of Nebraska. Mr. ly to get involved. And if that happens, voices of those children saying, ‘‘Never Chairman, I rise in strong support of S. the entire European security structure again. Never again stand by while a 21, a bill that would lift the arms em- that has functioned so well for so many modern-day Hitler carries out another bargo that has been imposed on the years is really likely to become at risk genocidal campaign.’’ Government of Bosnia and Herzegovina also. For those of us who have heard those for the last 4 years. Third and even more serious is the voices and for the millions and mil- Unfortunately, the pursuit of peace probability of the Americanization of lions of Americans who have already has been met by turned backs and the the conflict. If we are left with the been to our own Holocaust Museum at guns of cruelty, inhumanity, and moral responsibility for arming and the foot of this hill, today is a day of butchery. It should be apparent to ev- training the Bosnian Army, having important historical note because, my eryone that neither the Bosnian Serbs broken policy with our NATO allies, it colleagues, the modern-day Hitlers are nor the Bonsian Moslems are prepared seems to me very likely that the Unit- at it, and it is not far away and far re- for, or desire peace. ed States ends up alone trying to fill moved from our lives. It is on CNN But, we must not fool ourselves, that the void in terms of military support every single day and every single passing this bill will absolve Congress, and humanitarian aid. night. They are not faceless people. and our military, from further action Finally, our unilateral action could Their names are Milosevic and in this troubled region. The President jeopardize cooperative efforts against Karadzic and others who we see on the has already committed up to 26,000 U.S. rogue states now and in the future. television who are running the rape H 8098 CONGRESSIONAL RECORD — HOUSE August 1, 1995 camps and the torture camps and com- embargo and allow the Bosnians to de- I am not willing to do that yet. I am mitting the violence that the gen- fend themselves. willing to let the United Nations, and tleman from Virginia [Mr. WOLF] just a I have no illusions about the con- NATO, and the Europeans try their few minutes ago so graphically de- sequences. There will be increased se- hand now. scribed. The genocide is called ethic curity risks for the UNPROFOR peace- All I can say is we are at a cross- cleansing, but it is nothing more, noth- keepers. It may be necessary to intro- roads, things may break. Nobody ing less, than the action of the Serbs duce United States troops directly into knows what the right answer is. But I designed to wipe from the face of the Bosnia to help withdraw the peace- can tell my colleagues in my opinion, Earth the Bosnian Moslems. keepers. More arms in the country will and I hope I am right, it is wrong to Now through our arms embargo I am mean more killing, a widening of the unilaterally lift the embargo, and I embarrassed to say we have been party conflict, and prolonging the war. But, would hope that the members would to this outrage through two adminis- in the current circumstances, the war vote against the resolution. trations and through several Con- does continue under international aus- Mr. GILMAN. Mr. Chairman, I yield 1 gresses. We have tied the Bosnians’ pices, and that is what my conscience minute to the gentleman from Min- hands while the Serb aggressors have cannot condone. If we are not willing nesota [Mr. RAMSTAD]. had free rein to rape, and to brutalize, to risk American lives in Bosnia—and (Mr. RAMSTAD asked and was given to tear apart families that will never we should not; if we are not willing or permission to revise and extend his re- be joined together again, and to mur- able to seal the arms and economic em- marks.) bargo against the Bosnian Serbs and der innocent men, women, and children b 1315 whose only crime is that they have a their ‘‘greater Serbia’’ patrons, then Moslem name. we should remove the shackles from Mr. RAMSTAD. Mr. Chairman, I thank the distinguished gentleman for Two years ago the gentlewoman from the Bosnian Moslems, who seek only to yielding me time. New York [Ms. MOLINARI], the gen- defend their homeland and their fami- Mr. Chairman, I rise in strong sup- tleman from New York [Mr. KING], the lies and pass this resolution. port of lifting the unjust and uncon- gentleman from New York [Mr. ENGEL], Mr. HASTINGS of Florida. Mr. Chair- scionable arms embargo on Bosnia. For and I went to Bosnia, and they said to man, I yield 4 minutes to the gen- too long now the world has heard of us at the time, ‘‘Don’t send your troops tleman from Virginia [Mr. SISISKY]. countless atrocities from the war in here. We don’t want young American Mr. SISISKY. A strange dilemma Bosnia: Women systematically raped men and women fighting our battle.’’ happened this weekend. It seems every- and tortured, men forcibly separated All they asked then, and all they ask where I went, I thought they would be, from their unarmed families and today, is to unchain their hands, to people would be, talking about the ap- gunned down without being able to de- give them the weapons to defend their propriation bills that we had last week, fend themselves, all in the name of eth- children, and their lives, and their hus- but they were not. They were talking nic cleansing, all during the arms em- bands, and their neighbors, and their about Bosnia. They have watched tele- bargo. people. That is a certain way to insure vision. They do not know an awful lot Mr. Chairman, let us call a spade a that American troops do not end up about it. But they do ask the question: spade. Let us call ethnic cleansing by there, as I believe they will if we do not What is the American interest there? its real name: Genocide. The key ques- take this action today. Why should we be there? I tell them ba- sically that we are there because of the tion we must answer today with our As I indicated, I feel very strongly carnage and we do not want to expand vote, each and every one of us here in that two administrations have mis- on the European continent. this body, is this: How much longer can handled the Bosnian tragedy. It is not I will be very honest with my col- we sit by and force the Bosnian Mos- Bill Clinton alone. George Bush was in leagues. I was not in favor of the em- lems to defend themselves from geno- the White House also. I disagreed with bargo. I think it is wrong. But we have cide with one arm tied behind their George Bush, as I do with Bill Clinton, the embargo now, and I am opposed to backs? but the time for disagreement is over. the unilateral lifting of the embargo. The people of Bosnia, Mr. Chairman, The time for action is here today. Let A lot of people say, ‘‘Well, what is are at a breaking point. This vote us not be here months from now or the United Nations doing? UNPROFOR today will show them that the United years from now looking back and say- is not doing anything.’’ I would remind States will not turn its back on geno- ing, ‘‘We didn’t try, we didn’t take this them that in 1992 there were 130,000 cide. Let us not turn our backs on peo- stand.’’ Let us support the resolution. deaths in Bosnia; in 1994, there were ple who have the right to defend them- Mr. HOYER. Mr. Chairman, I yield 3,000 deaths, as best that we could cal- selves, let us not turn our backs on the 11⁄2 minutes to the distinguished gen- culate. Still too many, much too many. Bosnian Moslems. I urge a ‘‘yes’’ vote tleman from Minnesota [Mr. OBER- There are rapes going on there. There to lift the arms embargo. STAR], one of the most senior Members are children being killed. All of us Mr. HASTINGS of Florida. Mr. Chair- of this body. know that. man, I am pleased to yield 5 minutes to Mr. OBERSTAR. Mr. Chairman, I Yes, I have been to Yad Vashem, and the distinguished gentleman from Cali- thank the gentleman from Maryland it is easy to bring that up, never again, fornia [Mr. DELLUMS], ranking member [Mr. HOYER] for yielding this time to but America is not turning its back on of the Committee on Armed Services. me. Bosnia. We have forces in the Adriatic, Mr. DELLUMS. Mr. Chairman, I Mr. Chairman, last year I voted we have forces in Italy, and we are thank the gentleman for yielding me against unilateral lifting of the sanc- ready to do what we need to do under time. tions. I have changed my mind. The ad- the auspices of the United Nations and Mr. Chairman and Members of the ministration’s best efforts have not NATO. committee, I rise today in opposition been supported by the international My colleagues, the rapid reaction to the bill, S. 21, the so-called Bosnia- community, the killing continues, the forces are there now. The Europeans Herzegovina Self-Defense Act of 1995. I balance of power continues to shift to have finally got into the act. But if we urge my colleagues to resist the temp- the numerically larger and stronger unilaterally lift this embargo, I believe tation that there exists such an easy Bosnian Serbs. The Bosnian Moslems that the Europeans will pull out and solution to end the killing and the suf- do not have the equipment they need we will have to have 25,000 troops just fering in that region of the world. to defend themselves, their families, to protect the withdrawal. But even Mr. Chairman, one of my colleagues and their land. If the international more than that, if the Europeans pull quoted President Bush’s statement community, the United Nations and out and the United Nations pulls out, that we have a unique opportunity and NATO, are not willing to launch sus- there is no food coming in, we lift the responsibility to do the hard work of tained, massive air strikes with over- embargo, who is going to train them? freedom. While I agree with that senti- whelming force against the Bosnian Who is going to train the command and ment, lifting the embargo is the easy Serb Army to deter the aggression, control and how to use sophisticated work, and I believe the wrong choice. then the allies must in fairness lift the arms? American soldiers. Seeking a successful termination of August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8099 the conflict, an end to the violence and punish those responsible for inter- But the sad truth is the U.N. mission a resolution of the underlying dispute national law violations. has failed and unfortunately, the Unit- is indeed the hard work that should en- First, Mr. Chairman, we should seek ed States is involved in Bosnia, not gage our attention. an immediate cease-fire and reconfirm with troops on the ground, but through Mr. Chairman, understand the prob- to all parties that the primary mission our international credibility and our able consequences of lifting the embar- of the U.N. forces in Bosnia are to se- moral authority which are at stake. go. First, we would see an immediate cure the safety of civilians and not The best way to preserve that credibil- escalation of the fighting as the take sides in the conflict. ity and authority is to show leadership, Bosnian Serb forces seek to win as Second, the U.N. force should be and the best way to show leadership is much territory on the ground before made sizable enough and capable by lifting the arms embargo against the Bosnian Government forces can be enough to discharge their mission to Bosnia. armed and trained to use those arms. prevent ethnic cleansing and to ensure We will hear many arguments that Second, it would take, Mr. Chairman, that humanitarian relief arises. This we should give other approaches a 6 months to 1 year before the Bosnian will require an urgent re-examination chance to work. Give the latest ulti- Government will be capable of fielding of decisions to intervene in a manner matum time to work. Give the United and employing these new weapons. that appears to violate the first rule of Nations one final chance. During this period, the Bosnian people peacekeeping and humanitarian assist- These are the same excuses we have will be at an even greater risk of at- ance: Take no sides; make no enemies. heard time and time again. These ex- tack and genocidal victimization. The no fly zone enforcement and one- cuses have utterly failed to stop Ser- Third, the United States would take sided close air support campaigns have, bian aggression and ethnic cleansing. a final and unambiguous commitment in this gentleman’s opinion, violated All they have done is severely eroded toward one side of this conflict, with such a norm, and, thus, compromised our credibility and that of our allies. all of the moral implications that arise the mission and led to attacks on the So it is time to end the excuses and from making such commitments. safe areas. lift the embargo. The right policy is to Fourth, we will cause a rupture be- Third, we should continue to press allow the Bosnian people to defend tween ourselves and our NATO allies. vigorously for a continuation of the themselves against this modern holo- Fifth, we eliminate the moral au- war crimes tribunals to deal with the caust. There are those who would argue thority with which the United States genocide that has occurred in Bosnia that lifting the embargo will result in presses the case for embargo against rather than to escalate the violence. unnecessary bloodshed, death, and es- Serbia and for other places such as Finally, Mr. Chairman, we must rec- calation of hostilities, but if you talk North Korea and Iraq. ognize that the manner in which the to the Bosnian people they will tell you Mr. Chairman, understand the pos- former Yugoslavia dissolved in the first that the war cannot become any worse. I recently met with a Bosnian refu- sible consequences of lifting the embar- place generated this conflict because it gee living in Houston. Her name is go. First, the United States will find it- failed to properly manage the conflict- Jasmina Pasic and she ran a school in self pulled directly into the conflict be- ing claims for new nationhood. In order the basement of her bombed-out apart- cause it will be compelled to shoulder to end the war that has resulted from ment building for 2 years during the the moral responsibility to defend the this miscalculation, we must seize siege of Sarajevo. She was finally Bosnian people during the period of upon possibilities that do exist for a re- forced to flee and is now separated transition before the weapons are field- alistic resolution of the underlying ed. Can we simply stand by and allow from her family. claims and which would create a viable Jasmina dreams of returning home. people to die in the tens of thousands? and defendable Bosnian nation. ‘‘In five years maybe I can see it,’’ she I believe not. Mr. Chairman, I urge my colleagues says, ‘‘but I don’t know if it will be in Second, the war, in this gentleman’s to reject the proposed easy work that the war or we will have freedom.’’ opinion, Mr. Chairman, will surely lifting the embargo represents and Today, I will vote to lift the embargo widen, possibly spread into other re- thereby avoid its disastrous con- because I believe it will help Jasmina publics emerging from the former sequences. Let us do the morally based Pasic and her fellow Bosnians fight Yugoslavia, possibly sparking conflict hard work for freedom and morality. I back to attain that freedom and defend between Greece and Turkey, drawing urge my colleagues to reject the bill themselves against this grotesque Russia into the conflict on behalf of before the body at this time, and I human tragedy which calls into ques- the Bosnian Serbs or their Belgrade al- thank my colleague for his generosity. tion the moral compass of the entire lies. Mr. HOYER. Mr. Chairman, I am world. Mr. Chairman, these would be the pleased to yield 11⁄2 minutes to the gen- Mr. GILMAN. Mr. Chairman, I am awful consequences of taking the easy tleman from Texas [Mr. BENTSEN], one pleased to yield 4 minutes to the gen- course in response to the list of horrors of our most valuable Members. tleman from California [Mr. that have been offered up on the floor Mr. BENTSEN. Mr. Chairman, I ROHRABACHER], a member of the Com- of Congress today. Unless those sup- thank the gentleman for yielding me mittee on International Relations. porting the lifting of the embargo are the time. Mr. ROHRABACHER. Mr. Chairman, prepared to have the United States Mr. Chairman, I rise in strong sup- I rise in strong support of this motion shoulder the defense responsibilities port of lifting the arms embargo to end the embargo against the victims for civilians in Bosnia and Herzegovina against Bosnia and allowing the people of Serbian aggression. during the period when they would be of Bosnia to defend themselves against During this debate it has been very armed, I would also argue that it would aggression and genocide. clear by all who have participated that not be the moral choice. There is an old saying I’m sure we’ve Serbia is clearly the aggressor. They Mr. Chairman, it is not enough to all heard: ‘‘Fool me once, shame on are criminals. They are engaged in offer a critique to those who would you. Fool me twice, shame on me.’’ The criminal activity. The victims are the seek, and I would believe in good faith, United Nations has been shamed more Croatians and Bosnians, and we are to end the civilian anguish of offering than twice in Bosnia as we’ve hidden talking about what to do about it. military equipment to the Bosnian an unworkable policy while the Serbs Mr. Chairman, I would submit for the Government through a lifting of the slaughtered, raped, and tortured more RECORD a letter from Margaret Thatch- embargo. What other path exists to end than 200,000 Bosnian people. Today we er, who says, and I quote, ‘‘We owe it to these horrors? How do we successfully in the United States can end the shame the victims at last and at least to have undertake the hard work on behalf of and begin to lead by lifting the arms the weapons to defend themselves since freedom and morality? Without revisit- embargo. we ourselves are not willing to defend ing the long list of diplomatic mis- Those who oppose this legislation them. The arms embargo was always takes that have occurred since Yugo- argue that lifting the embargo would morally wrong.’’ slavia began to dissolve, let me de- end the United Nations peacekeeping Mr. Chairman, I would submit this scribe the other path that exists to se- mission and increase American in- entire letter from Margaret Thatcher cure peace to end the genocide and volvement in the Bosnian war. to Senator DOLE for the RECORD. H 8100 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Lifting the arms embargo, Mr. Chair- would convince the Milosevic regime to Over the last year the Bosnian army has man, means less violence, not more. leave their neighbors alone. In fact, the grown much stronger and the Bosnian Serbs Let us get that straight. We have been Melosevic regime, just like com- weaker. The Bosnian army has, with its talking about this all day now. What munism in the Soviet Union, would Croat allies, been winning back crucial terri- tory, while desertion and poor morale are does it mean to lift the arms embargo? likely crumble before a minuscule use badly affecting the over-extended Serb There will be less violence in that part of American power. forces. What the Bosnian government lacks of the world if we lift the arms embar- Mr. Chairman, let us be bold. Let us however are the tanks and artillery needed go. Like all bullies and all aggressors permit those who are victims to stand to hold the territory won and force the Serbs and all criminals, the Serbs have been up and defend themselves, and let us to negotiate. This lack of equipment is di- more aggressive as a result of the make sure the world knows that Amer- rectly the result of the arms embargo. Be- weakness of their victim. If those vil- ica has the courage to lead the world in cause of it the war is being prolonged and lagers could have defended themselves the post-cold-war era. the casualties are higher. Lifting the arms The letter previously referred to is as embargo would thus shorten not lengthen against tanks, there would have been the war. follows: fewer attacks made against those vil- Second, it is said that lifting the arms em- lages. The ethnic cleansing would not MARGARET, THE LADY THATCHER, bargo would lead to rifts within the U.N. Se- have taken place had those people, had O.M., P.C., F.R.S., HOUSE OF curity Council and NATO. But are there not the victims had the technology, the LORDS, rifts already? And are these themselves not weapons to defend themselves. London, July 18, 1995. the result of pursuing a failed policy involv- DEAR SENATOR DOLE: I am writing to ex- Mr. Chairman, what happened was ing large risks to outside countries’ ground press my very strong support for your at- troops, rather than arming and training the the criminals have had to pay no price tempt to have the arms embargo against for their crime against the victims. victims to repel the aggressor? American Bosnia lifted. leadership is vital to bring order out of the I know that you and all members of the The criminal regime in Serbia has paid present chaos. No country must be allowed United States Senate share my horror at the no price, and this has been going on for to veto the action required to end the crimes against humanity now being per- 4 years. Therein lies the solution. present catastrophe. And if American leader- petrated by the Serbs in Bosnia. The U.N. No. 1, let the victims defend them- ship is truly evident along the lines of the and NATO have failed to enforce the Secu- selves. Let them have the weapons to policy which you and your colleagues are ad- rity Council Resolutions which authorized vancing I do not believe that any country defend themselves. No. 2, make the the use of force to defend the safe havens and will actually try to obstruct it. criminal regime of Mr. Milosevic and to get humanitarian assistance through. The The West has already waited too long. Serbia pay the price for the murder, safe havens were never safe; now they are Time is now terribly short. All those who rape and mayhem unleashed by Serbia falling to Serb assault. Murder, ethnic care about peace and justice for the tragic cleansing, mass rape, and torture are the leg- against its neighbors in Croatia and victims of aggression in the former Yugo- acy of the policy of the last three years to Bosnia. slavia now have their eyes fixed on the ac- the people of Bosnia. It has failed utterly. Mr. Chairman, how do we make Ser- tions of the U.S. Senate. I hope, trust and We owe it to the victims at last and at least bia pay a price and deter aggression? pray that your initiative to have the arms to have the weapons to defend themselves— embargo against Bosnia lifted succeeds. It Naysayers claim either we must do ev- since we ourselves are not willing to defend will bring new hope to those who are suffer- erything, send U.S. troops and put them. them on the ground, or do nothing and The arms embargo was always morally ing so much. just let this go on and on and on, not wrong. Significantly, it was imposed on the With warm regards. Yours sincerely, even lift the embargo so people can de- (then formally intact but fragmenting) MARGARET THATCHER. fend themselves. All the questions have former Yugoslavia at that regime’s own be- to be answered before we can even let hest. It was then, quite unjustly and possibly Mr. HAMILTON. Mr. Chairman, I someone defend themselves. illegally, applied to the successor states. Its yield 5 minutes to the distinguished effect—and, as regards the Serbs, its inten- gentleman from Louisiana [Mr. LIVING- Think about it, Mr. and Mrs. Amer- tion—was to ensure that the proponents of a ica. Someone next door is being raped STON], the chairman of the Committee Greater Serbia, who inherited the great bulk on Appropriations. and murdered. A neighbor is being of the Yugoslav army’s equipment, enjoyed raped and murdered, but you have to overwhelming military superiority in their (Mr. LIVINGSTON asked and was answer all the questions before you can aggression. It is worth recalling that the given permission to revise and extend help your neighbor, throw your neigh- democratically elected, multi-faith and his remarks.) bor a gun or a stick to defend his fam- multi-ethnic Bosnian Government never Mr. LIVINGSTON. Mr. Chairman, I ily. No, you don’t have to wait to an- asked for a single U.N. soldier to be sent. It think my friend from Indiana for yield- did ask for the arms required to defend its swer all the questions, you know what ing me time. own people against a ruthless aggressor. Mr. Chairman, I rise in reluctant op- is right and wrong. That request was repeatedly denied, in spite It is time for us to side with the vic- of the wishes of the U.S. administration and position to this resolution and to urge tim and make sure that that victim of most leading American politicians. its defeat. While in the past I have spo- can defend himself and his family. There is no point now in listing the fail- ken for and even voted for the lifting of America is going to be a major force in ures of military policy which subsequently the arms embargo, I have reappraised the world if we have the courage to act occurred. Suffice it to say that, instead of my position, and I have decided that to and to be bold. That does not mean we succeeding in enforcing the mandates the do so would be a terrible mistake. U.N. Security Council gave them, Granted that the current situation is have to be reckless and take chances. UNPROFOR became potential and then ac- In this post-cold-war war world, we tual hostages. Airpower was never seriously intolerable, and that the approach will face challenges of evil people. employed either. The oft repeated arguments taken by our allies in Europe by way of They might not be like the Soviet against lifting the arms embargo—that if it the United Nations must change, and Union, a massive evil force, but we had occurred U.N. troops would be at risk, that must change drastically, this unilat- the courage to stand against the Soviet the enclaves like Srebrenica would fall, that eral step by the United States would Union, and that is why it crumbled. the Serbs would abandon all restraint—have bear consequences so far removed from That is why we were able to save the all now been proved worthless. For all these reason and common sense, that on world a holocaust of a world war three things have happened and the arms embargo proper reflection, it could be one of the still applies. because we were bold and we were Two arguments are, however, still ad- worst steps we could take. strong. vanced by those who wish to keep the arms Mr. Chairman, I want there to be no At the very least, the Milosevices of embargo in place. Each is demonstrably mistake in my position. If I thought the world, this little pigsqueak gang- false. this resolution would bring peace to ster in Serbia, who is murdering inno- First, it is said that lifting the arms em- Bosnia, if I thought this resolution cent people in his neighboring coun- bargo would prolong the war in Bosnia. This would allow the Bosnian Moslems to tries, should know there will be a price is, of course, a morally repulsive argument; defend themselves and thwart Serbian for it implies that all we should care about to pay. At the very least, a minuscule is a quick end to the conflict without regard aggression, if I thought this resolution use of American air power against Ser- to the justice or otherwise of its outcome. would bring a measure of social justice bia, not against Bosnia, no, not in the But in any case it is based on the false as- to Bosnia I would support it. Unfortu- neighboring countries but in Serbia, sumption that the Serbs are bound to win. nately it does none of these things. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8101 Adoption of this resolution will sim- Mr. Chairman, again, what is the end we do nothing, and we let history dic- ply mean the end of the U.N. mission in game in Bosnia? We are considering tate its results. Bosnia. It will signal to our NATO al- this resolution today because men and Ideally I would suggest that the lies, especially the French and the women of good will on both sides of the Western world would be moved to sim- British troops on the ground that we do aisle and both sides of the Capitol can- ply go in and impose a peace where not care if they withdraw. It will put not stand the spectacle of the worst there is no peace and to impose civili- those troops at risk. It will put hun- foreign policy debacle in the past dec- zation where there is none. But if we dreds of thousands of refugees at grave ade. This resolution represents some- are unwilling to do today what we were risk, and it would damage the NATO thing, and the status quo is unaccept- willing to do in 1991, then let us at alliance beyond repair. able. Unfortunately, after the arms least be willing to let them defend Moreover, it would most certainly begin to flow and after the massive air themselves. lead to the very commitment of U.S. strikes the President wants, we still Mr. HAMILTON. Mr. Chairman, I troops to a European war that the don’t know the end game. There is yield 5 minutes to the distinguished sponsors of the resolution probably none. Only more suffering. gentleman from Missouri [Mr. SKEL- wish to avoid. I do not have a good answer for TON]. Why? Because UNPROFOR troops are Bosnia, but I do not think this resolu- Mr. SKELTON. Mr. Chairman, the already on the ground and scattered tion is the answer. I do think it is im- German chancellor of the last century, about Bosnia, many in wholly indefen- portant to keep our NATO alliance to- Bismarck, once remarked that the Bal- sible enclaves surrounded by Bosnian gether. I think it is critical to address kans are not worth the bones of one Serbs. the refugee problem. I think it is nec- Pomeranian grenadier. When they begin to pull out, the essary to bring about a cease-fire. I I say to you today that the Balkans Bosnian Serbs will move in to take think it is vital we keep a NATO mili- are not worth the life of one American their place, and the Bosnian Moslems tary presence in Bosnia. I do not see soldier. We are on the brink, Mr. Chair- will become entirely vulnerable and de- those things happening if we pass this man, of a major international mistake. fenseless. Will they allow the U.N. to resolution today. So I regret I must op- To those that would support this reso- abandon them? I doubt it. So pose it in the hope that we can do bet- lution, I say you do not know what you UNPROFOR could very well find its ter later. do. Oh, how simple it sounds. Level the forces exposed to attack by both Serbs And I believe we can, if the Bosnian playing field, let them fight back. But and Moslems, with little opportunity Moslems can and will centralize in a we should look, in the light of history, to defend their own troops. simple, clearly defined, and cohesive into the consequences of what lifting Thus, U.S. troops will be called on to portion of Bosnia which becomes a de- this embargo would be. help evacuate them, not just with air fensible, predominantly Moslem re- First and foremost, it would be a cover, but with ground support—with gion. death knell for many Bosnian Moslems, lots of American lives. because the Serbs will intensify their Mr. Chairman, I remain second to no b 1330 attack before any training and any ad- one in my belief that the Bosnian Mos- Mr. ROHRABACHER. Mr. Chairman, ditional weapons can reach them. lems should be allowed to defend them- I yield 2 minutes to the gentleman Second, the UNPROFOR forces will selves. But will that happen? Will the from Wisconsin [Mr. GUNDERSON]. come out. They will leave, and they United States then sell arms to the (Mr. GUNDERSON asked and was will ask and receive help by the Amer- Bosnians? Will we put troops in the given permission to revise and extend ican forces. Of this I will speak a bit ground to train them with our weap- his remarks.) later. ons? Will the Bosnians have an ade- Mr. GUNDERSON. Mr. Chairman, we Third, the United States will be quate command and control structure? cannot today dictate the moral com- asked to fill the void, first to train, Will their officer corps be capable of pass of civilized society, and we cannot then to supply, and when that fails, to technical and tactical competence? today dictate the moral compass of fight. Those who look at more recent Will they be given intelligence capabil- even the United Nations or our NATO history see that there is a great par- ity? allies. But I think today we will deter- allel to this and our tragedy in Viet- Will they have a fair chance against mine the limits beyond which the nam, and it could be all that all over the Bosnian Serbs? If so, will the American people can no longer tolerate again. neighboring Serbians stay out of the business as usual in Bosnia. Fourth, outside forces will enter the fight? Will the Russians, the Turks, the I call upon my colleagues in this Con- conflict. Russia has already stated that Greeks? What if the fight spills into gress to take a good look at the re- should we enter the conflict on one Macedonia, or Kosovo, or Albania? Is ality, the stark reality before us. Over side, they will on behalf of the Serbs. this the first step of another world 200,000 people have been killed; over What about the other Moslem coun- war? 20,000 have been raped, over 4,000 chil- tries in the area, the other orthodox We are reaping the multiple effects of dren have been displaced and await countries in the area? We will have the a failed policy. The Vance-Owen plan some kind of placement; and over 2.75 tinderbox once again that started the to force ethnic groups into enclaves or million people have already been driv- First World War. cantons was a total catastrophe. It has en from their homes and their personal Fifth, it destroys any prospects for a left us with pictures of places like belongings stolen. negotiated settlement. We have been Srebernica and Zepa and Gorazde I am reminded of those words of Pas- trying. As a matter of fact, it seems where Serbian thugs backed by Russian tor Martin Niemoller shortly after that the Serbs, of all people, are will- military might are given license to World War II when he wrote, ing to talk and negotiate, and we find murder, rape, and ethnically cleanse. that the Moslems have been less prone The President says he is drawing the First they came for the communists; I was to do the negotiating. not a communist, so I did not object. Then line on Gorazde. But what does that they came for the Jews; I was not a Jew, so Sixth, it will cause a strain with our mean? Will massive U.S. air power do I did not object. Then they came for the allies. The United Kingdom and France what diplomacy has failed to so save trade unionists; I was not a trade unionist, have soldiers there on the ground. It the lives of innocent women and chil- so I did not object. Then they came for the will cause us a great deal of trouble dren in Gorazde? I doubt it. Catholics; I was not a Catholic, so I did not with them. What is the end game for Bosnia? Can object. Then they came for me, and there Last, it will irreparably harm NATO. the Bosnian Moslems be consolidated was no one left to object. For all of these things and all of into an area where a cease-fire can hold I am not Bosnian, and I am not Mos- these reasons, we should not lift this and a military position be staked out lem. But, Mr. Chairman, I am appalled embargo. Further, it will Americanize to give them some security? That may by how we have failed to learn the les- the conflict in one of two ways: Either be the only solution but we can’t get son of history and how we stand by to to fill the void of which I spoke, to help there under this resolution, or under watch the rape, the murder, and the with supplies, to train, logistics, and, the Clinton plan. pillage of a people. We say nothing and sadly, to fight; or it will Americanize it H 8102 CONGRESSIONAL RECORD — HOUSE August 1, 1995 by helping UNPROFOR withdraw, for not think so. The U.N. forces will ulti- the United States is obligated to assist which our President has already mately have to come out. Our allies are that withdrawal. I do not want to see pledged some 25,000. not going to stay indefinitely and our troops dragged into this conflict. To withdraw this UNPROFOR force watch their people be used as human Earlier this year this Congress voted will not be easy. We look at the tun- shields. So, as the President has indi- to lift the embargo. Why hasn’t it been nels, the narrow roads, the dangerous cated, we will have a responsibility as lifted? Because the countries who are situation in which we find the various leaders in the global community to there say lifting it would jeopardize UNPROFOR forces today, and our help extricate these U.N. forces. their mission of humanitarian relief. country has pledged 25,000 of a 110,000 But that need not mean that we will Our allies do not want this lifted. Are force to withdraw them. We will have have a complete expansion of the war you willing to sacrifice the lives of serious problems in getting that job and a complete Americanization. On their soldiers over their objections? Or done. the contrary, it will signal Americans can you say, with any credibility, that Heed the remarks of Bismarck. Heed to stand up for the victims, to take its lifting this embargo will not affect the our words today when we speak about true and appropriate place as a world U.N. and NATO operations in Bosnia. not getting involved. This is really a leader and respond to this crisis by en- No one can say that the United Na- vote as to whether to get America in- abling people who are the victims of tions and NATO have been successful volved in this conflict or not. History rape and murder to defend themselves. in Bosnia. It is to our shame that these tells us that this part of the world has Mr. GILMAN. Mr. Chairman, I yield 1 organizations have failed to protect so repeated itself and repeated itself by minute to the gentleman from Virginia many people. But this action we take finding the inhabitants at each others’ [Mr. DAVIS]. today will not rectify past mistakes. throat for centuries. We will not Mr. DAVIS. Mr. Chairman, I rise in And it will not bring peace to this re- change that. support of this resolution. America gion. The best thing we can hope for is a should be a world leader, not the world Lifting the embargo will bring more negotiated settlement. We have been waffler and follower that we have been weapons into the region. It will isolate trying. We should give it one last in this crisis. We waited and allowed us further from our NATO allies. It will chance, for if we do not, we will find the U.N. safe havens to operate, but antagonize Russia who already has ourselves in an Americanized conflict they have failed. We have stood by threatened to aid the Serbs if the em- for which we did not ask. The con- watching while tens of thousands of in- bargo is lifted. It will slide us further sequences of lifting this embargo would nocent Bosnians Moslems have been down the slippery slope we now are pre- be disastrous for them and for our raped, bombed, and murdered cariously balanced on. country. The arms embargo is a very noble- Mr. Chairman, this legislation will Mr. OLVER. Mr. Chairman, I yield 2 sounding phrase, but the arms embargo force the President to act unilaterally minutes to the gentleman from Mary- hurts only one side, the Bosnian Mos- to lift the embargo against his will and land [Mr. WYNN]. lems. The Serbs have plenty of fire- against the will of our allies. It will Mr. WYNN. Mr. Chairman, I thank power and the remnants of the Yugo- make the Bosnian conflict our respon- the gentleman for yielding. Mr. Chairman, I rise in strong sup- slavian armed forces. The arms embar- sibility, it will severely damage the port of the Bosnian Self-Defense Act. go simply means that the Bosnian Mos- NATO alliance, and it will make the We ought to pass this resolution. You lems will be unable to defend them- conflict in Bosnia worse not better. know, Mr. Chairman, we are not just in selves, and the Serbs have plenty of This is the wrong policy at the wrong the often referred to global market- firepower. time. Vote ‘‘no.’’ Last week I was visited by two mem- Mr. GILMAN. Mr. Chairman, I yield 3 place. We are also part of a global com- bers of the Bosnian Parliament. When I minutes to the gentleman from Illinois munity, and in such a community, as asked what this country could do to [Mr. HYDE], a distinguished member of with the old playground, leaders have halt the ongoing atrocities in Bosnia, our House Committee on International to step up to resist aggression and re- they replied they do not want U.S. Relations. sist bullies. It is time that we confront the reali- troops. They do not want this coun- (Mr. HYDE asked and was given per- ties. It is time that we confront the re- try’s intervention. They only want us mission to revise and extend his re- alities. It is not enough to play ‘‘what to help the lifting of the arms embargo marks.) Mr. HYDE. Mr. Chairman, there are if.’’ ‘‘What if’’ is an excuse for inaction. so they can defend themselves against all kinds of peace. There is the peace of It is not enough to try to figure out the these atrocities. the jail and the peace of the graveyard. end game. We do not know the end That is the least we can do as a world You can have peace in Bosnia, kill all game. We never will. What we have to leader. Let us adopt this resolution and the Moslems, and they cannot fight do is confront the realities. end the current failed policies. The realities are these: People are Mr. HAMILTON. Mr. Chairman, I anymore. Next to that, just keep them being slaughtered on one side, the Mos- yield 2 minutes to the distinguished disarmed while everybody else brims lem side; women are being raped on one gentleman from Michigan [Mr. with armaments. side, the Moslem side; our so-called KNOLLENBERG]. Freedom has to be defended. Geno- safe-havens are being overrun on a Mr. KNOLLENBERG. Mr. Chairman, cide, its modern incarnation, ethnic daily basis. They have become a cruel I thank the gentleman from Indiana for cleansing, must be resisted if we are to joke. yielding time to me. Mr. Chairman, I retain our membership in the human It is time for us to respond. The Mos- rise in opposition to S. 21. I too have race. Does the United States have any lems deserve an opportunity. They watched the news reports of the wors- interest in faraway Balkin Bosnia? I have the right in fact to defend them- ening situation for the Bosnian people. would say yes. The moral imperative is selves. Through the exercise of this But unilaterally lifting the arms em- resistance to genocide. right, we can create consequences for bargo will not end this conflict. This The slaughter in Bosnia has uncov- aggression. The reason this war has legislation can only lead to the total ered the inadequacy of the United Na- gone on so long and gone so badly is be- collapse of humanitarian efforts in tions and NATO, for that matter, to cause there have been no consequences. Bosnia and likely will result in an es- deal with wars of ethnic nationalism, calation of the fighting. wars of states within states rather b 1345 I remind this body that we do not than between states. But please re- The Bosnians have become have troops on the ground—nor should member, Bosnia was recognized for- emboldened. If the Moslems have weap- we—and it is our allies in NATO who mally as a sovereign nation by the onry to defend themselves, they can will pay the price if the United States United States, by the European com- create consequences and create pain violates our own embargo. And as you munity on April 7, 1992, and by the that will give the Bosnians pause in know, our allies have said that if the United Nations on May 22, 1992. The their aggression. United States acts unilaterally they U.N. charter guarantees the right of The great concern seems to be wheth- will withdraw from UNPROFOR. Presi- self-defense. So lifting the embargo is er we will Americanize this war. I do dent Clinton has stated his belief that merely implementing the elementary August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8103 rights of people in sovereign nations, path. For me the choice is clear. The Mr. LEWIS of Georgia. Mr. Chair- and it ought to prove that aggression is choice now is in front of us, that we man, I am deeply troubled and an- not without cost. must, we have to look to a different guished by what is happening in This is not the time or the place to way. We have to take a new course. Bosnia. discuss the incredibly complicated I will vote to lift the embargo today. We all share the pain and the suffer- problems of peace in the Balkans. I I think it is up to us in this Chamber ing. We have seen the horror. Women agree with everybody who has pointed to try something new to spare those are raped, children are brutalized, and out the incredibly difficult, shattering people we are worrying about here young men are taken away to an un- problems that we have trying to adjust today. certain fate—often death. borders and peace. It is incredibly dif- Mr. GILMAN. Mr. Chairman, I yield 2 These people of Bosnia are part of the ficult. But before we get to that prob- minutes to the gentleman from Penn- family of humankind. When they bleed, lem, we ought to understand genocide sylvania [Mr. WELDON]. we bleed. When they suffer, we suffer. cannot be tolerated. We cannot remain (Mr. WELDON of Pennsylvania asked When they are slaughtered and killed, indifferent to it. and was given permission to revise and something dies in all of us. In this century there have been three extend his remarks.) What is happening in this part of the major genocides, not counting Rwanda, Mr. WELDON of Pennsylvania. Mr. world is an affront to all humanity. Burundi, the Sudan, Nagorno- Chairman, I rise today to support this We—as the community of nations— Karabakh, and all of the ongoing tribal resolution lifting the embargo. And in cannot, and we must not, stand by in killings that are going on. But the Ar- coming up with my reasoning in terms the face of this carnage. menians in 1915, the Jews in World War of my decision, I sought the support I—like everyone else—have watched II in the Holocaust, and the Moslems in and input of that one person who per- in anguish as the United Nations failed Bosnia today, are three genocides. We haps is the most well-versed American to defend the safe areas in Bosnia. stand and avert our eyes because we in terms of what our policy should be. But I know that the British and have no interest there. John Jordan is a volunteer firefighter French have troops in Bosnia. Lifting When the Holocaust Museum was from Rhode Island. the embargo is not so simple or clear. dedicated by the President, he stood As my good friend, the gentleman We will send troops to help remove the there, and I am sure he meant it, he from Maryland, [Mr. HOYER], on the U.N. forces if we lift the arms embargo. said two words: never again. What did other side knows, John Jordan went How many of us are prepared to send he mean, never again? Never again will over to Sarajevo 3 years ago as a volun- American troops—our young men and the Jews be killed in Germany in 1940? teer to work with the Sarajevo fire bri- women—to Bosnia to fight in this con- Or does he mean never again will we gade, to establish emergency response flict? permit holocausts against ethnic service for the people in that country, A vote for this resolution is a vote to groups because somebody does not be they Serbs, Muslims, Croats, what- send American troops into Bosnia. agree with their religion or their color ever they might be. John Jordan has Every member of this body must know or their way of living? been there every day for the last 3 this. This vote is not a free vote. This Never again. Let us put some flesh on years. vote has consequences. those words and start by lifting the I called John Jordan on the phone, as The question is not whether to stop embargo. I caught him on the way back to Sara- the violence. We all want to stop the Mr. HOYER. Mr. Chairman, I yield 2 jevo today. He said, ‘‘Curt, we have to violence. The question is how to stop minutes to the distinguished gentle- lift the arms embargo.’’ the violence. Will unilaterally lifting woman from Connecticut [Mrs. KEN- Two years ago he brought Kenan the embargo bring peace to this region? NELLY], one of the leaders on our side Slinic over here, a 31-year-old fire chief Or will it spread the conflict and in- of the aisle. from Sarajevo who was protecting the crease the toll of death and destruc- Mrs. KENNELLY. Mr. Chairman, ev- lives of the people in Sarajevo. Kenan tion? eryone in this Chamber is moved by Slinic met with the Vice President; he We must strengthen our resolve to the suffering we have seen in Bosnia. met with us at our dinner and spoke to defend innocent men, women, and chil- Everyone in this Chamber is disturbed us. He pleaded with us, I have his origi- dren. But we cannot act alone. by the frightening historical echoes of nal notes from his speech, his hand- We must give this fresh plan a previous episodes of carnage in Europe. written notes, he pleaded with us to chance. The U.N. must allow NATO to Yet not one person in this Chamber has allow his people to defend themselves 2 defend the safe areas. come up with a completely satisfying years ago. Because he spoke out, when Mr. Chairman, we all are frustrated. answer. Three years ago the United he went back to his homeland, he was All of humanity is crying out for a so- States imposed an arms embargo on shot in the back of the head and killed lution to this conflict. This vote is our the former Yugoslavia. It is evident and his six-year-old child today does attempt to act, to do something. that the embargo has little or no effect not have a father. But we must not move this way. We on the Serbian aggressors. Obviously Mr. Chairman, this has gone on too must strengthen our U.N. mission. If it that is for one reason: because they in- long. The policy is not working. We does not work, then later we may have herited the arms of the former have to create a level playing field. to act on our own. Yugoslvian military. Has this policy John Jordan also said to me, ‘‘Curt, American willingness to work with worked? It is clear to me that it has you have got to provide some support the community of nations is at stake. not. to bring your relief workers out.’’ I Our allies have troops on the ground— For 3 years we have stood by a policy agree with that. He said, ‘‘We have got they are in harm’s way. that has permitted the loss of 70 per- to provide support until the arms can Mr. Chairman, I stand here with a cent of the Bosnian land which has reach the appropriate groups inside of heavy heart—I want to do what is ended in tremendous suffering to get the afflicted area.’’ I agree with that. right. I want to end the genocide. this land. After 3 years, I do not believe Mr. Chairman, in the end we have to I have thought long and hard about this policy, if continued, can accom- lift the embargo to give these people a this vote. I have searched my soul and plish anything further. So what do we chance, to give them the opportunity conscience, and I have concluded now do? If we had a clearly preferable solu- to defend themselves. is not the time to unilaterally lift the tion, one that guaranteed success, I We have heard story after story arms embargo. It will not help stop the know every Member of this House about the atrocities occurring in that killing. It will not end the bloodshed. would support it wholeheartedly. But country. I ask my colleagues on both We must urge the United Nations to there is no policy, no clear best course. sides of the aisle to support the resolu- stop the violence—to stop the Serbian We only know now what did not and tion in honor of those people who have aggression. We must protect the inno- does not work. suffered so much. cent people of Bosnia. We must protect Our choice today is to continue down Ms. MCKINNEY. Mr. Chairman, I the safe areas. a path that has already resulted in so yield 3 minutes to the gentleman from Now is not the time to get lost in a much suffering or to embark on a new Georgia [Mr. LEWIS]. sea of despair. With our allies, we have H 8104 CONGRESSIONAL RECORD — HOUSE August 1, 1995 taken a stand against Serbian aggres- But Mr. Chairman, what else will arms Mr. Chairman, there are no easy an- sion. Now we must be strong in that shipments do? How about end the U.N. swers in Bosnia today. stand. Mr. Chairman, I will oppose this humanitarian mission which helps feed But how many more atrocities do we resolution. Sarajevo? How about trigger the exit of have to witness. How many more children do we have b 1400 NATO from the conflict? How about signal the entry of Serbia into the to see killed before we act in Bosnia? Mr. GILMAN. Mr. Chairman, I am Bosnian war? Are 200,000 dead Bosnians enough? pleased to yield 2 minutes to the gen- Finally, Mr. Chairman, the most im- Are 16,000 murdered children enough? tleman from Texas, Mr. SAM JOHNSON. portant result of lifting the arms em- Are 2 million homeless refugees Mr. SAM JOHNSON of Texas. Mr. bargo will be the entry of the United enough? Chairman, the United Nations and States into the war. We will be obli- That’s what we’ve let happen the NATO do not work. That is what the gated by treaty to help our allies pull past 3 years. problem is. Once again we are facing out. And we will be obligated by moral- And today, once again, there are the same arguments we have heard for ity to protect the Bosnian Moslems those who say that lifting the arms over 2 years now, that the United Na- until they can defend themselves. I embargo will involve America in this tions and its military command is serv- strongly favor the end of the war in war. But let’s be honest, Mr. Chairman, ing some purpose to the thousands of Bosnia, Mr. Chairman, but what price we’re already involved in this war. people who are dying or suffering every are we willing to pay to lift this embar- By keeping this embargo in place for day in Bosnia, some purpose. Most im- go? so long—not only have we denied the portantly, we will find ourselves again Mr. Chairman, what is happening in Bosnian people the weapons they need face to face with America’s worst kept Bosnia is a horrible tragedy. But Mr. to defend themselves—we have helped secret: That is, the utter failure of our Chairman, acting unilaterally to end tilt the balance of the war in favor of administration to define why the Unit- the arms embargo in Bosnia will only Serbian aggression. ed States and our troops should be in- leave the United States holding the Mr. Chairman, there can be no more volved in a U.N. peacekeeping oper- bag. Unilaterally. I urge a ‘‘no’’ vote on excuses. ation in a place where we have no na- It’s time to lift this embargo once the bill. tional interest and where there is no Mr. GILMAN. Mr. Chairman, I am and for all. peace to keep. Over the past 3 years, we have seen pleased to yield 1 minute to the gen- These same mistakes have been made two dozen ceasefires come and go. tleman from Arizona [Mr. SALMON], a before, and they cost us American We have seen the peace process start member or our committee. lives. It happened 2 years ago in Soma- and stall. Mr. SALMON. Mr. Chairman, there lia under U.N. command, with no de- We have watched the Serbs break are no easy answers in Bosnia, no fined mission and no defined purpose. agreement after agreement. The so-called humanitarian mission quick fixes. But I believe we must lift And the one constant through it all that first brought us to Somalia ended the embargo—now. has been the absolute unwillingness of up costing us lives, like that of Sgt. The Bosnians want to defend them- the West to take the steps necessary to James Joyce, our Army ranger who selves against rape, murder, and ethnic do what needs to be done. died on October 3, 1993. His father, Lt. cleansing. But let’s face it: the fun- The greatest sin, Mr. Chairman, isn’t Col. Larry Joyce, who was my con- damental right of self-defense is mean- that we simply turned our backs. stituent, testified before this House as ingless without the opportunity to pro- The greatest sin in Bosnia is that to how dangerous it was for the United cure weapons. The Bosnians deserve time and time again, we have raised States to think that we could solve the the same chance to defend themselves the hopes of the Bosnian people that world’s problems, and how irrespon- that the people of Afghanistan had in the cavalry was on its way. And time sible of us it was to use our troops as their fight against Soviet terror. and time again, we have not delivered. bargaining chips in the international The current policy of the United Mr. Chairman, the people of Bosnia peacekeeping game. States is to be an active accomplice in deserve better than this. President Clinton is making the the strangulation of the Bosnian peo- If we are not going to stop the same mistake again. He is using United ple. slaughter, if we are not going to defend States military troops as a bargaining And we are doing great damage to the people of Bosnia, then we have no chip in a game where the United States the vitality of NATO and the credibil- right to continue to deny them the is not even a player, just like Somalia. ity of the United States. The debacle of right to defend themselves. How disappointed Larry Joyce must be Bosnia sends a clear message to the ty- By lifting this embargo today, we today. Instead of knowing that his tes- rants around the world—the United will extend to Bosnia the right which is timony and his son’s death is making a States can be bullied, and will not even guaranteed to every other sovereign difference, he is being forced to sit by stand up against genocide. nation under the U.N. charter—the and watch this country make the same No tyrant will ever negotiate a set- simple right to defend themselves. tragic mistakes again, endangering tlement when he can get everything he There are those who say that lifting America’s stature, and more impor- wants by force. this embargo will disrupt the peace tantly, the lives of American soldiers. I If we continue to be paralyzed by process. urge my colleagues to end the arms weakness, countless American troops To them, I say: what peace process? embargo and vote in favor of this reso- may be needed in the future to counter Just 2 months ago on this floor we lution. the aggressive actions of tyrants who heard the same tired arguments. Ms. MCKINNEY. Mr. Chairman, I conclude that America’s weakness in And in the past 2 months, we have yield 2 minutes to the gentlewoman Bosnia is the post-gulf-war reality of seen nearly 50,000 people driven from from Florida [Mrs. MEEK]. the United States. their homes. Mrs. MEEK of Florida. Mr. Chair- Let us do what is right, and begin the We have seen innocent women and man, I rise today to oppose the effort restoration of America’s foreign policy. children herded into trucks. to unilaterally lift the arms embargo Lift the embargo. We’ve heard stories of young men on Bosnia. Mr. HOYER. Mr. Chairman, it gives being hung from trees and thousands of Mr. Chairman, there is a horrible me a great deal of pleasure to yield 5 young women being raped. tragedy happening in Bosnia. I, along minutes to the gentleman from Michi- Fifty years after the world said with everyone else, wants that tragedy gan [Mr. BONIOR], the minority leader ‘‘never again’’ we are sitting back and to come to an end. But Mr. Chairman, of the House of Representatives and a watching mass genocide happen again. lifting the arms embargo will not end leader on this floor. Mr. Chairman, lifting the embargo the tragedy, it will only force the Unit- Mr. BONIOR. Mr. Chairman, I thank won’t weaken the peace process, it will ed States to become an active partici- my colleague, who has been so instru- strengthen it. pant. mental and who has shown extraor- The reason peace talks have failed Arms, it is argued, will allow the dinary leadership on this issue, for the past 3 years is because the Serbs Bosnian Moslems to defend themselves. yielding me the time. have no reason to negotiate. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8105 They face no real opposition on the bad peace in Bosnia. What has caused body, do we go rush to the rescue, as battlefield, so they have no incentive the 200,000 deaths in Bosnia? What has Mr. BONIOR said? Not with my kids. to stay at the negotiating table. caused the 3 million refugees? What Not with kids from south Mississippi, Only when the Serbs are certain that has caused the continuing nightmare of not with kids named Widener and the Bosnians can defend themselves rape and mayhem? What has caused Nickase and Bond who have no reason will they realize that further aggres- evil to prosper in Bosnia? to die in what was Yugoslavia. sion will get them nowhere. Dogma, ignorance, arrogance, apa- People, we are wasting 8 days on And only then will we have a real thy, the Nation’s community who have hearings on something that took place chance for peace in Bosnia. had a sense of deliberate deafness to over 2 years ago in Waco, TX. You are Mr. Chairman, 200 years of American suffering. Are we as a nation becoming not even willing to give a half a day’s leadership have led up to this moment. a nation of tortured ghosts because we consideration to sending American And we can’t turn our backs any do not know what to do? What has kids to die in a part of the country longer. caused this evil to prosper, this door to most people could not point to on the It’s time to help the Bosnian people hell to remain open in Bosnia for good map. Please, for God’s sakes, think help themselves. men like us to do nothing? The about what you are doing before we It’s time to lift the arms embargo. Bosnians are far better off defending have hearings 4 years from now won- Ms. MCKINNEY. Mr. Chairman, I themselves than relying upon plati- dering what went wrong in Bosnia. yield 21⁄2 minutes to the gentleman tudes and international bureaucrats. Please oppose this resolution. from Indiana [Mr. ROEMER]. Ms. MCKINNEY. Mr. Chairman, I Mr. GILMAN. Mr. Chairman, I yield 1 (Mr. ROEMER asked and was given yield 3 minutes to my good friend, the minute to the gentlewoman from Flor- permission to revise and extend his re- gentleman from Mississippi [Mr. TAY- ida [Mrs. FOWLER]. marks.) LOR]. (Mrs. FOWLER asked and was given Mr. ROEMER. Mr. Chairman, as med- Mr. TAYLOR of Mississippi. Mr. permission to revise and extend her re- ical students learn to become doctors, Chairman, one of my colleagues, the marks.) as they learn about healing, as they gentleman from Michigan [Mr. Mrs. FOWLER. Mr. Chairman, I rise learn about hope, as they learn about BONIOR], just made the statement that today in support of S. 21, legislation to improving the course of humanity, we have somehow led the Bosnian lift the arms embargo on Bosnia. they learn very, very early about the Serbs to believe that the cavalry is on I have previously supported the em- Hippocratic oath: First do no harm. the way. Well, I might feel a little bit bargo, but recent events in Bosnia and Mr. Chairman, it is sad to say at this better about the outcome of this vote if improvements in this legislation per- point neither side of this debate can I knew that the cavalry was going to suade me that this measure deserves claim no harm, at this point. Current be led by the likes of the gentleman support. policy has not been successful. The eth- from Michigan [Mr. BONIOR], the gen- The whole premise of the arms em- nic cleansing going on is a travesty. tleman from Maryland [Mr. HOYER], bargo on the former Yugoslavia was to There are no good solutions at this and some other people who are very allow the United Nations to intervene point. As war is bloody and chaotic, so, anxious to get America involved in a and prevent hostilities against civil- at times, is peace. We may have to set- war where we do not belong. ians. Six safe areas were established in tle for a bad peace, a bloody peace, and Mr. Chairman, our national interests Bosnia to shield civilians from Bosnian a messy map, but lifting this embargo are not at stake. NATO is not under at- Serb aggression. threatens even a bad peace or a bloody tack. Yes, people are dying. People are While these populations were sub- peace. dying all over the world as we speak. I jected to periodic hostilities, they were What does this resolution do to stop do not think it is America’s business to still safer than if exposed to open war- the killing? It will probably increase be the world’s policeman. People say, if fare and Serbian ethnic cleansing. The the killing, sending arms to 1.2 million we just lift the embargo, somehow the United Nations, whether through Moslems fighting against over 9,000,000 war will go away. Who is kidding who? moral suasion or military force, was Serbs. Will it prevent the war from That is like pouring gasoline on a fire. supposed to protect these individuals. spreading? Certainly not. It will prob- According to Collin Powell when he But the United Nation’s inability to ably exacerbate that war. Will we have spoke before the Committee on Armed protect Srebrenica and Zepa or prevent a Christian-Moslem war on our hands? Services back when he still was Chair- the massive human rights violations Maybe. Do we do permanent damage to man of the Joint Chiefs of Staff, he that followed were nothing but disas- our allies? Probably, yes. said there was a 10-year supply of trous. War, as it has been said, is merely an weapons in the former Yugoslavia. You The President’s plan for Bosnia is extension of politics, by other means. see, Tito was paranoid. He didn’t know deeply flawed. This bill provides of the This resolution is an extension of poli- whether it was a Warsaw Pact or NATO withdrawal of U.N. forces from Bosnia tics, and although it is well-intended, I that was going to attack him, so he prior to the lifting of the embargo and think it is responding in a simple way prepared for either. will finally enable the Bosnian Govern- to a very complicated problem. Robert Folks, this fight has been going on at ment to defend its citizenry. It de- Caplan wrote a book called ‘‘Balkan least since the 1200’s. It has been a serves our support. Ghosts,’’ a journey through history. blood feud, and to sum up Canadian Mr. HOYER. Mr. Chairman, I yield 2 This book traces the origins of this General McKenzie who was in charge of minutes to the distinguished gen- conflict. It goes back beyond 1939 and the general command just a few years tleman from Massachusetts [Mr. World War II. It goes back beyond our ago when he came before the Commit- OLVER], who has been one of the revolution in 1776, and even centuries tee on Armed Services, he summed up strongest outspoken advocates of beyond the signing of the Magna Carta. his remarks by saying, we have three bringing peace to this troubled area of We are not going to solve this war serial killers. One has killed 15, one has the world. with a resolution to send more arms killed 10, and one has killed 5, and he Mr. GILMAN. Mr. Chairman, I yield 2 into a very messy and bloody war. Let does not see the rationale of jumping minutes to the gentleman from Massa- us continue to try to work, although it in on the side of the one who has only chusetts [Mr. OLVER]. will be difficult, for probably a messy killed 5. The CHAIRMAN. The gentleman and bloody peace. Mr. Chairman, if you lift the embar- from Massachusetts is recognized for 4 go, who do we sell to? Are we going to minutes. b 1415 sell to the Serbs? Are we going to sell (Mr. OLVER was asked and was given Mr. GILCHREST. Mr. Chairman, I to the Croatians? No you want to sell permission to revise and extend his re- yield myself 1 minute. to the Moslems. You want to pick marks.) Mr. Chairman, we are not going to sides. When you pick sides, that means Mr. OLVER. I thank the gentleman solve this war by doing nothing. Where you have to train people, and when for yielding time to me. is the door to hell on the planet right they invariably lose, that means the Mr. Chairman, it is time to do the now? The door to hell resides in this decision will have to be made in this right thing in Bosnia. From the first H 8106 CONGRESSIONAL RECORD — HOUSE August 1, 1995 day of this war, Slobodan Milosevic, Mr. Chairman, yesterday, a coalition Mr. Chairman, suppose they came to the President of Serbia and the last of 27 human rights and religious and you and said, Washington, DC is going Communist dictator in Europe, has or- medical groups called for stepped up to be under Moslem control, Maryland chestrated the actions of the Serb mi- United States and international action is going to be Catholic, and all of you nority in Bosnia. He has armed them, to stop the slaughter of Bosnian civil- in Virginia are going to be Orthodox. he supplied them with all of the weap- ians. These are not warlike organiza- People would be forced to move unless ons of a modern army, the tanks, the tions. The American Nurses Associa- they wanted to live under these con- heavy artillery and the missiles, while tion, the Human Rights Watch, Anti- straints. Bosnia, a U.N. member, has been em- Defamation League, Refugees Inter- Mr. Chairman, the only way is to bargoed. national, Physicians for Human force people to the bargaining table. Three years ago Milosevic told Gen- Rights, American Arab Antidiscrimina- This is no resolution. This is an exten- eral Mladic, the military commander tion League, the American Jewish sion of war. There is no request that of the Bosnian Serbs who has recently Committee, World Vision. Quite the the Bosnian Moslems go to the bar- been indicted by the United Nations as opposite. These are organizations that gaining table. We just ask for more a war criminal, for the deliberate are devoted to peace and toward a just arms. slaughter of civilian populations, for peace. They know that if Bosnia is not Mr. HOYER. Mr. Chairman, will the the use of mass rape of women as a tool allowed to protect itself and the United gentleman yield? of terror, for the detainment of killing Nations refuses to stop the Serb minor- Mr. BAKER of California. I yield to of male Bosnians between the ages of 16 ity from its stated goal of ‘‘elimination the gentleman from Maryland. Mr. HOYER. Mr. Chairman, I would and 65 in Srebrenica, Milosevic told of the Bosnian Moslems as a people point out that in Sarajevo, the popu- Mladic to destroy Sarajevo, the capital from the Earth,’’ then we will see in lations lived together very peacefully. of Bosnia. full color on CNN and all our other It was extrinsic forces that changed Mr. Chairman, we recently saw Gen- media the ethnic cleansing, the bom- bardment, the rape, and the slaughter that. eral Mladic strutting through the Mr. BAKER of California. They lived of innocent people and the male popu- streets of Zepa after the U.N. safe peacefully until we recognized the false lations of Bihac and Gorazde and Sara- haven was overrun with the United Na- state of Bosnia Moslems who then took jevo repeated again. tions doing absolutely nothing. Mladic in people who did not want to live said he intends to take Bihac, then Mr. Chairman, it is time to allow the Bosnians to obtain the weapons of de- under them and vice versa. Gorazde, then Sarajevo by winter, and Mr. Chairman, vote ‘‘no’’ on this res- fense. This war will stop when the ‘‘eliminate the Bosnian Moslems as a olution. Let us do something to restore Serbs know the world will not tolerate people from the Earth’’. peace. genocide. It is time to do the right The goal from the first day of this Mr. GILMAN. Mr. Chairman, I yield thing in Bosnia; it is time to lift the war has been the territorial expansion 11⁄2 minutes to the gentleman from Vir- arms embargo. of Seriba by whatever means would ginia [Mr. GOODLATTE]. Ms. MCKINNEY. Mr. Chairman, I eliminate the Bosnian Moslems as a Mr. GOODLATTE. I thank the gen- yield 2 minutes to the gentleman from people from this Earth. No amount of tleman for yielding time to me. California [Mr. BAKER]. Mr. Chairman, I rise in strong sup- wishful thinking about being reason- Mr. BAKER of California. Mr. Chair- port of the lifting of the arms embargo able or making nice to Milosevic will man, this is a very healthy debate to to allow defenseless people in Bosnia to change that policy. The United Nations have go on here today, but the resolu- defend themselves. They do not have to had made it absolutely clear, at least tion that we have before us is based on to Milosevic, that the United Nations fight tanks with rifles. flawed premises. The premise is that Mr. Chairman, the gentleman from will not stop him, so it is time to allow there is not enough guns and that one the Bosnians to defend themselves. Indiana calls this a bloody peace that side has more guns than another. It we see in Bosnia—200,000 lives slaugh- Mr. Chairman, there is something ob- also has the premise that only one side scene about the adherence to a failed tered is a bloody peace? Mr. Chairman, are the bad guys, that this must be a a bloody peace is no peace. policy long after that failure has been one-way war. Just the other day we proven again and again and again and Patrick Henry, 220 years ago in Vir- read in the newspaper where Croatia ginia said, gentlemen may cry peace, again, any many more times again. attacked an unarmed Serbian town and There is something obscene about the peace when there is no peace in the fa- forced 15,000 people out of the town mous speech that he cited calling for tortured self-righteous defense of an after shelling that town which was not arms embargo on only one side of the this country to rise up against Great defended by Serbian troops. Britain. The people of Bosnia seek a Bosnian conflict. The hand-wringers Mr. Chairman, this is not a one-way say the Bosnian Government cannot be situation in which they should have war. There is no shortage of arms. Yes, the right to defend themselves against allowed to defend its people from geno- the Middle East are, through Croatia, cide because it would offend the Serbs. far worse atrocities, killings, tortur- arming the Bosnian Moslems. Yes, Rus- ing, rapes, imprisonment in internment Mr. Chairman, there is something ob- sia is arming the Bosnian Serbs. Yes, scene about declaring that a whole peo- camps, expulsion from their lands, cre- even Germany is arming the Croatians ation of refugees, of thousands and ple cannot be allowed the weapons to in Bosnia. There is not a shortage of defend itself against genocide, and thousands of people. arms. There is not a one-side-is-all-bad Mr. Chairman, the gentleman from there is something monstrously ob- attitude, and every other side is good. Mississippi [Mr. TAYLOR] says that the scene about the cowardice of the inter- This war has been going on for 500 United States cannot be the world’s po- national community refusing to pro- years since the Turks deposited the liceman, and he is right. So why are we tect the safe havens that they them- Moslems in the middle of this part of participating in policing Bosnia by en- selves established. Srebrenica and Zepa Europe. Now we are being asked to get forcing an arms embargo that prohibits and the others that are to come from in there and say, give them more arms, people from having the opportunity to the indiscriminate slaughter of males let us get involved. This controversy defend their own lives, their own fami- of all ages, the mass rape of women, needs a new map. lies? the bombardment of fleeing civilian Mr. Chairman, our State Department refugees, there is something over- backed the recognition of Bosnia. What b 1430 whelmingly obscene about genocide in was wrong with that? Well, the map That is what this is about. This does all its forms. put little Croatian communities in the not involve putting U.S. troops into It was obscene, and overwhelmingly middle of Serbian territory, Serbian the situation. It simply involves allow- so, in the 1930’s and 1940’s. It led to the communities in the middle of Croatian ing people to defend themselves. near extermination of Jews in Europe territories, and Moslem territories, Mr. Chairman, I urge support for this and to the death of many more mil- they were all mixed. In fact, 30 percent bill. lions of Poles and other Slavic people of Sarajevo was communities that were Mr. HOYER. Mr. Chairman, if the from Eastern Europe. Serbian. gentleman would yield, I commend the August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8107 gentleman for his excellent point that Make no mistake about it, Mr. Chair- bargo, and I thank the gentleman on he just made. Right. man, this vote today is Americanizing both sides of the aisle for their leader- Ms. MCKINNEY. Mr. Chairman, I the war in Bosnia. Make no mistake ship in forcing this tragedy, once and yield 3 minutes to the gentleman from about it. Remember that when the vote for all, to end. This is our date with North Carolina [Mr. HEFNER]. comes to put American troops in destiny. (Mr. HEFNER asked and was given harm’s way in Bosnia where our na- Mr. HOYER. Mr. Chairman, I com- permission to revise and extend his re- tional interest is not at stake. mend the gentlewoman from New York marks.) Mr. GILMAN. Mr. Chairman, I yield 3 [Ms. MOLINARI] for her leadership and Mr. HEFNER. Mr. Chairman, I would minutes to the gentlewoman from New her strong statement. like to approach this from a little dif- York [Ms. MOLINARI], the distinguished Mr. Chairman, I yield 2 minutes to ferent perspective. As the gentleman vice chairman of our Republican con- my friend, the distinguished gentleman from Pennsylvania [Mr. MURTHA], ference and a long-standing member of from New Jersey [Mr. MENENDEZ]. former chairman of the Armed Services the Bosnia Task Force. Mr. MENENDEZ. Mr. Chairman, the Committee, said this morning when we Ms. MOLINARI. Mr. Chairman, I time has come for us to be resolute, debated the rule, these are some easy would like to read a letter sent to a and for us to act. votes if we are looking for some votes Senator from President Clinton. It As the leader of the free world, the that we want to make and we can put states: United States of America must no longer stand by idly as accomplices to a press release out and say ‘‘I voted to If by October 15, the Bosnia Serbs have not lift the embargo to let the people de- accepted the Contact Group’s proposal of a carefully planned and savagely exe- fend themselves.’’ July 6, it would be my intention within 2 cuted genocide by Serbian war crimi- Mr. Chairman, it makes us feel real weeks to introduce formally and support a nals. We must act now to allow the good, but there are going to be some resolution at the U.N. Security Council to Bosnian people to assert their right to tough votes that are going to come terminate the arms embargo. Further, if the self-determination and their right to later if we implement lifting this em- Security Council fails to pass such a resolu- self-defense. bargo. What is going to happen is, we tion, it would be my intention to consult The Republic of Bosnia and are going to lift the embargo and the with Congress thereafter regarding unilat- Herzegovina is a member of the United President is probably going to veto the eral lifting of the arms embargo. Nations. As a U.N. member Bosnia has bill. If we do not override the veto, it This letter was in response to con- an inherent and internationally recog- goes through and becomes law and then gressional attempts to end the arms nized right to defend itself against the next step comes. embargo. The letter is dated August 10, armed aggression. They are going to ask for some arms; 1994. Let us not deny the Bosnian people it is going to come for the United An entire year has gone by since this the right to fight their own fight. States. We are going to be bringing administration signaled its intentions The United Nations Protection Force these arms in, and somebody has got to to get serious, if only we give them a [UNPROFOR] no longer protects any- accompany them to teach these people little more time. one. It is no longer a force for the pro- how to use these sophisticated weap- So we agreed and we gave them a tection of the innocent, but an object ons. Both Republicans and Democrats year: a year more of bombings, a year for our pity. The U.N. safe havens are have said, if we need to extract the more of bloodshed, another year of no longer safe but sitting targets for U.N. forces from this area, that they children being viciously taken from more brutality. How much more blood are willing to put 25,000 American their parents, another year of women will we allow to stain our hands? troops on the ground to support ex- being raped and men being tortured. Let us not deny the Bosnian Govern- tracting these people from this area. Mr. Chairman, we are all watching. ment the right to protect their defense- Mr. Chairman, that is where the As if the tragic act of doing nothing less women and children. That is all tough vote is going to come, because in the face of this barbarism is not that we propose here today—nothing many Members have said, we are not enough, we have heightened our com- more and nothing less. going to enter into this unless Con- plicity by insisting that the Bosnians But this is not only about Bosnia’s gress authorizes putting American ‘‘do nothing’’ as well: defense. This is about America’s pur- troops on the ground in Bosnia. That is Fathers forced at knife point to rape suit of her national interests. what it comes down to; that is when their daughters. Do nothing. International peace and stability is the tough vote comes. Concentration camp victims forced most certainly in America’s national Mr. Chairman, I just wonder where to drink their own urine to stall dehy- interests. The Balkan crisis has threat- the people that are so eager to lift this dration. Do nothing. ened the viability and the stability of embargo, where they are going to be Mothers forced to watch their babies the international system. Who would when the argument is on this floor beheaded in front of them. Do nothing. have predicted that just a few years when we are being asked to send 25,000, Watch as family and friends get after its historic victory in the cold or more, American troops to Bosnia to blown away. Do nothing. war, the credibility of NATO would be help extract the U.N. forces from Here we are today face to face with threatened as it is? Well, it need not be Bosnia. There will not be a sufficient our failure. No more delays. that way. number of votes to allow that. We are The Serbians have not stopped in Zbigniew Brzezinski, a former Na- going to find ourselves in an absolutely their quest for blood. The United Na- tional Security Adviser to President intolerable situation. tions cannot save a town, a life, or a Carter, could not have put it better This is a feel-good vote, and I do not hope. when he wrote recently: know of one single American, I do not Genocide is our problem, and conven- The character of the international order is know of one Member in this House that ient dismissal of catastrophic human also at stake. A world unable to make the does not deplore the actions that are tragedy will be on all of our epitaphs distinction between victims and aggressors, and especially a world unwilling to act on taking place in this part of the world just as it was 50 years ago when Neville that distinction, is a world in which the today. But, to me, to do this is abso- Chamberlain chose to dismiss Nazi ag- United Nations becomes an object of deri- lutely the wrong way to go. gression with words that have been sion—on the part not only of the aggressors Mr. Chairman, there have been some ringing in our ears since then: but of all free peoples. World peace will be changes in policy that have been made ‘‘How horrible,’’ he said, ‘‘How in- the ultimate casualty in Bosnia. that are going to put the decisionmak- credible it is that we should be digging Let us enter the new millennium ing policy into the military. If it takes trenches and trying on gas masks here with the confidence of victory in the strategic bombing and heavy bombing, because of a quarrel in a faraway coun- cold war and the Persian Gulf; with the let us give it a shot. Sooner or later, try between people of whom we know moral authority that distinguishes be- Members who are advocating lifting nothing.’’ tween the victims and the aggressors— this embargo are going to be called on His words sound very similar to the not with the insecurity of inaction in to come to this House floor and called speeches we have heard here today. the Balkans. Let us enter a new millen- on to make the vote to put American It was tragic then; it is tragic now. nium where world peace is the ultimate troops on the ground in Bosnia. The time has come to end the arms em- victor. H 8108 CONGRESSIONAL RECORD — HOUSE August 1, 1995

Ms. MCKINNEY. Mr. Chairman, I Mr. Chairman, I ask for a ‘‘no’’ vote to participate in this world-wide arms yield 3 minutes to the gentleman from on this resolution. embargo, and we have begun to reas- California [Mr. CUNNINGHAM]. Mr. HOYER. Mr. Chairman, I yield 1 sess the role of the U.N. peacekeeping Mr. CUNNINGHAM. Mr. Chairman, minute to the gentleman from New force, giving command authority over last month I was fortunate enough to Jersey [Mr. PALLONE]. to NATO. have dinner with Colin Powell, Dick Mr. PALLONE. Mr. Chairman, I rise The U.N. coalition has been less than Cheney, John Sununu and ‘‘Cap’’ Wein- today in favor of S. 21, the Bosnia Self- successful, and conditions in Bosnia berger, and everybody was in agree- Defense Act. The recent collapse of the have continued to deteriorate. ment the one way to expand the war in two so-called U.N. designated safe But as we begin to look at alter- this part of the world is to get the areas indicate that the U.N. mission is native solutions—particularly one de- major powers involved and also to in- falling apart. It is clear the United Na- pendent on a heavily armed Bosnian crease the arms in those areas. tions is not capable of protecting the military force—we should consider Mr. Chairman, none of us want the Bosnian Moslems and is denying them three things: atrocities to continue. But if we look the right to adequately protect them- First, the likelihood that a unilateral at the solution logically, increasing selves. decision to rescind the arms embargo arms into an area is not going to help Since its inception, the arms embar- will bring an immediate end to current us to a peaceful solution; it is going to go has provided the Serbs who inher- peacekeeping operations. Our United expand it and in my opinion, and many ited the weapons of the former Yugo- Nations allies—principally Britain and others’ opinion, it is going to increase slavia with a decisive advantage in this France—have stated that unilateral the length of time before we could ever war and the arms advantage as facili- United States action will compel them go in and stop it. tated Serbian terror campaigns which to withdraw troops they have placed Mr. Chairman, if my colleagues have included ethnic cleansing, sys- under United Nations command in would just think logically, by increas- tematic mass rape, and executions. Bosnia. Hundreds of thousands of Bosnians ing arms is it going to stop the war? What is occurring in Bosnia is a cam- will be immediately and adversely af- No, it is not. It is going to encourage paign of terror by the Serbs that close- fected if U.N. forces are forced to aban- it. More will die on all sides if we put ly resembles the Nazi atrocities of don what has been—largely—a humani- in weapons. And we do not just put in World War II. tarian mission. Both injured civilians a weapon and ask them to pick it up, Mr. Chairman, the tide may be turn- and refuges have come to depend on especially high-technology weapons. ing in the war in Bosnia. There are U.N. troops for humanitarian relief. In We have to put in those 25,000 U.S. signs that the Moslems may be able to addition, humanitarian organizations troops. When we do that, we are going take back the lands captured by the that rely on U.N. forces to maintain a to lose a lot of those U.S. troops. Serbs and ultimately lift the strangle- minimum level of safety and security We expanded arms in Vietnam; 55,000 hold on their capital, Sarajevo. would find it difficult if not impossible Americans died. That was not a good b to continue their work. solution and, Mr. Chairman, I say this 1445 Second, unilateral termination of the With a new infusion of arms, the is not a solution either. arms embargo will put a severe strain If we put in those arms, it is going to Bosnian Moslems may be able to take on our relationship with NATO allies encourage. Why do my colleagues the upper hand in the war for the first and Russia. think that Greece and Russia support time. Let us give the Bosnian Moslems While we have an obligation to assert the BSA? Because, first, they were al- a chance in this war by passing this a preeminent moral position on the lies in World War II and, second, be- bill. world stage, we cannot and must not cause of the orthodox religion. But if Ms. MCKINNEY. Mr. Chairman, I embark on approach that does nothing my colleagues will take a look at his- yield 3 minutes to my good friend, the more than Americanize this conflict tory, it was the Croatians that fought gentleman from California [Mr. FAZIO]. and leave us isolated. with Nazi Germany and they ethnically Mr. FAZIO of California. Mr. Chair- Finally, the immediate and indis- cleansed millions and millions of man, I rise in opposition to S. 21, the putable effect of this policy change will Serbs. Where were we then? Bosnia and Herzegovina Self-Defense be an escalation of terror as Serbian My idea is not to focus on the atroc- Act of 1995. troops advance on previously safe-ha- ities, as the gentleman from Mis- Mr. Chairman, I know that all of us vens. If arms shipments to Bosnian sissippi [Mr. TAYLOR] said, but on a so- share a commitment to bring a peace- forces increase—as they are certain to lution. Mr. Chairman, putting arms in ful end to the tragedy in Bosnia, but do if we vote to reject the embargo— that area is not focusing on the solu- we remain divided over one important there is a real possibility that United tion. question. Should we go forward, States ground troops will slowly, but I recently attended an event where against the advice of our military com- surely, be drawn into this conflict, as over 400 allied pilots gave homage to manders and unilaterally lift the em- technical advisors or direct combat- the Serbs for getting them out in bargo prohibiting the export of arms to ants. World War II. Misinformation damages the Bosnian Government? Our engagement is likely to come in the solution. For example, the press re- The difficulty we face arises out of a two phases. Initially, the United States ported that when Captain O’Grady was complex set of circumstances, prin- is obligated to assist in the evacuation picked up, he was shot at by the Serbs. cipally the lack of any easy, clear-cut of U.N. forces—an operation, that de- He was not. He was not shot at until he alternatives, and the likelihood that spite its clear purpose, exposes our was over Croatia by the Croatians. such a decision will thrust the United troops to considerable risk. We will Mr. Chairman, that is immaterial. If States deeper into a war not of our own face a second, more considerable risk we focus on who shot who, and who making, and permanently damage the as the Bosnian military, under heavy commits the most raids, and we dump NATO alliance. assault from Bosnian-Serb troops, look arms into that area, Mr. Chairman, we While we bear a moral obligation and to United States to provide arms, air are inviting pain. If we get involved, a global responsibility to seek a solu- support, and active military support. the things that the Republican Party tion to this crisis, we have sought to The United States cannot afford to has stood for, balanced budget amend- strike a delicate balance—retain our back into this conflict. Driven by pub- ment and Medicare solutions, if my commitment to multilateral peace- lic outrage, and without having clearly colleagues want to get us involved, we keeping operations while making every defined the parameters for our involve- can kiss it all good-bye. It is gone. It is effort to guarantee the safety of the ment, we run this risk. history. Bosnian people. The United States should only con- Mr. Chairman, once the fighting Until recent days, we could pursue sider rejecting the arms embargo—as starts over there, try and get out. We these two goals in tandem. the administration has suggested—as could not even get out of Somalia with- But as two UN-declared safe-havens part of a multilateral agreement. out running with our tail between our have fallen to Bosnian-Serb troops, we While avoiding irreparable damage to legs. have rightly reexamined our decision the NATO coalition, we would be in a August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8109 position to reassess the U.N.’s role, The United Nations arrived as the PERMISSION TO EXTEND GENERAL and, possibly, develop a viable, inter- knight in shining armor; the defender DEBATE IN THE COMMITTEE OF national solution—one that does not of the innocent and persecuted. They THE WHOLE DURING CONSIDER- require the United States to assume issued edicts and ground rules and ATION OF S. 21, BOSNIA AND unilateral responsibility. promised to protect and defend the in- HERZEGOVINA SELF-DEFENSE While this policy remains an option, nocent victims. ACT OF 1995 the administration is in the midst of Well, we are still waiting. This mis- Ms. MCKINNEY. Mr. Speaker, I ask negotiations intended to strengthen sion has the world’s premier military unanimous consent that further gen- the U.N.’s hand—a strategy that re- hardware and the best trained soldiers eral debate on S. 21 be extended by 1 flects a more sensible alternative to an at its disposal, yet time and time again hour equally divided between the chair- outright rejection of the arms embar- innocent people are tortured, mur- man and the ranking member of the go. I urge my colleagues to consider dered, and abused while U.N. forces sit Committee on International Relations this strategy, and reject S. 21. idle. Mr. HOYER. Mr. Chairman, I yield 1 in the Committee of the Whole. minute 20 seconds to the gentleman The U.N. Secretary-General has re- The SPEAKER pro tempore. Is there duced UNPROFOR to a role of finger from Michigan [Mr. LEVIN]. objection to the request of the gentle- (Mr. LEVIN asked and was given per- pointing. The U.N. has lost all credibil- woman from Georgia? mission to revise and extend his re- ity. Renegades and criminals There was no objection. marks.) masquerading as soldiers have man- f Mr. LEVIN. Mr. Chairman, I do think aged to hold the world at bay for we have to consider who shot whom months. BOSNIA AND HERZEGOVINA SELF- and who is raping whom. In a word, we I understand that this is a delicate DEFENSE ACT OF 1995 have to step up to Serbian aggression. situation and that things are easier The SPEAKER pro tempore. Pursu- While there is a clear difference of said than done, but you have to make ant to the House Resolution 204, and opinion in our Nation let me ask this: an effort. You can’t win if you don’t rule XXIII, the Chair declares the Would the Bosnian Serbs prefer this join the game. Superior force ceases to House in the Committee of the Whole resolution pass or fail, that the arms be a deterrent if there is a dem- on the State of the Union for the fur- embargo be lifted or continued? I sug- onstrated reluctance to use it. The ther consideration of the Senate bill, gest that they will deem a positive Serbs have no fear because U.N. repris- S. 21. vote today as another indication of de- als have been too seldom and too re- termination to stop Serbian aggres- strained. b 1455 sion. The U.N. has clearly demonstrated IN THE COMMITTEE OF THE WHOLE Any course does carry a risk. Past that it is willing to talk the talk but Accordingly the House resolved itself policies have risked continued aggres- reluctant to walk the walk. Unfortu- into the Committee of the Whole House sion and mass murder, and they have nately, the Bosnians don’t have such on the State of the Union for the fur- paid the consequences. It is time, in- luxuries. ther consideration of the Senate bill deed long overdue, to try a new course. It is bad enough that the Secretary- (S. 21) to terminate the United States I support this resolution. General of the U.N. continues to sit on arms embargo applicable to the Gov- Mr. HOYER. Mr. Chairman, will the his hands and leave the so-called safe ernment of Bosnia and Herzegovina, gentleman yield? with Mr. BONILLA in the chair. Mr. LEVIN. I yield to the gentleman zones vulnerable. But to make matters The Clerk read the title of the bill. from Maryland. worse, the Secretary-General continues Mr. HOYER. Mr. Chairman, I think to keep the Bosnians’ hands tied be- The CHAIRMAN. When the Commit- the gentleman makes a critically im- hind their back. tee of the Whole rose earlier today, the The Bosnians have a right to defend gentleman from New York [Mr. GIL- portant point. The point the gentleman 1 just made was that the message the themselves. If the U.N. is not going to MAN] had 5 ⁄2 minutes remaining in de- Serbs would take from this was that defend the Bosnians—and there is no bate, and the gentleman from Indiana the Congress and America were deter- reason to believe they will—then the [Mr. HAMILTON] had 1 minute remain- mined to stop further Serb aggression. very least we can do is to lift the arms ing in debate, pursuant to the House embargo. resolution 204 and the gentleman from I think the gentleman is absolutely 1 correct, which is why I am so strongly Two safe havens have fallen since our Maryland [Mr. HOYER] had 3 ⁄2 minutes in support of a ‘‘yes’’ vote on S. 21. last vote on the House floor and there remaining. I thank the gentleman for his state- is no reason to believe that other safe Pursuant to the order of the House of ment. zones will not follow in the near future. today, the gentleman from New York Mr. HOYER. Mr. Chairman, I yield How much longer will we wait? How [Mr. GILMAN] and the gentleman from 1 Indiana [Mr. HAMILTON] will each be 1 ⁄2 minutes to the distinguished gen- many more people will have to suffer? tleman from Tennessee [Mr. CLEMENT]. How many more men and women will recognized for an additional 30 minutes Mr. CLEMENT. Mr. Chairman, this be widowed? How many more children of general debate. debate is about a father’s right to pro- will be orphaned? The Chair recognizes the gentleman from New York [Mr. GILMAN]. tect his family, a brother’s right to Lift the arms embargo. Give the Mr. GILMAN. Mr. Chairman, I yield protect his siblings, and the preserva- Bosnians a fighting chance. tion of a race and a heritage. 15 minutes to the gentleman from Mr. GILMAN. Mr. Chairman, I move We have all seen the horrible scenes Maryland [Mr. HOYER] of the 30 min- that the Committee do now rise. of starving men in camps which utes provided to me, for general debate, harkened memories of World War II The CHAIRMAN. The question is on and I ask unanimous consent that the concentration camps. We know about the motion offered by the gentleman gentleman from Maryland [Mr. HOYER] the rape, robbery, destruction, and from New York [Mr. GILMAN]. be allowed to yield portions of that mass genocide. The motion was agreed to. time to other members. Ethnic cleansing has become com- Accordingly the Committee rose; and The CHAIRMAN. Is there objection monplace in everyday conversation. the Speaker pro tempore (Mr. EMER- to the request of the gentleman from Ethnic cleansing: what a sanitary SON) having assumed the chair, Mr. New York [Mr. GILMAN]? term. Perhaps it is the hope that such BONILLA, Chairman of the Committee Mr. HOYER. Mr. Chairman, reserving a term will make the events in the of the Whole House on the State of the the right to object, obviously I am not former Yugoslavia a little more bear- Union, reported that that Committee, going to object, I do want to thank the able—a little more tidy. But, in reality having had under consideration the bill chairman of the committee, the gen- it is anything but tidy. Ethnic cleans- (S. 21) to terminate the United States tleman from New York [Mr. GILMAN]. ing is the systematic destruction of a arms embargo applicable to the Gov- The gentleman from New York is one people, a culture, real live human ernment of Bosnia and Herzegovina, of the real gentlemen of this House ir- beings like you and me. had come to no resolution thereon. respective of party. He is my close H 8110 CONGRESSIONAL RECORD — HOUSE August 1, 1995 friend, and he and I have worked close- sands of defenseless U.N. troops stationed in REPUBLIKA BOSNA I HERCEGOVINA, ly together for over a decade on issues Bosnia. OFFICE OF THE PRIME MINISTER, July 31, 1995. of concern to human rights and inter- Next, the Bosnians would need weapons national peace and justice. I want to Hon. CHRISTOPHER SMITH, and the training to use them. Supporters for Hon. STENY HOYER, thank the gentleman for his consider- ending the embargo may say that that would U.S. House of Representatives. ation during the course of this debate. not be our responsibility. But how will we re- DEAR CONGRESSMEN: As you are aware, the It is very much appreciated. people of my country have been under the Mr. GILMAN. I thank the gentleman spond to those who argue that, if we are re- most brutal assault seen in Europe since for his kind remarks. sponsible enough to unilaterally end the em- World War II. Throughout this conflict, we Mr. HOYER. Mr. Chairman, I with- bargo, for the supposed benefit of the have never asked for American or foreign draw my reservation of objection. Bosnians, how can we not be responsible ground troops to fight for us. We do not need The CHAIRMAN. Is there objection enough to come to the aid of those same them. We have both the manpower and the Bosnians, especially the innocent civilians who will to fight for ourselves. Nor have we asked to the request of the gentleman from for training for our soldiers in weaponry or New York? have lost the protection of the United Nations? fighting. Our officers are already well There was no objection. And what if other countries, such as Russia, trained, and our rank-and-file soldiers have Ms. MCKINNEY. Mr. Chairman, I come to the aid of the Serbs? How could we had three years of on-the-job training in ad- yield 2 minutes to the gentleman from not provide similar aid to the Bosnians? dition to their service in the former Yugo- California [Mr. FARR]. slav army. Instead, we have asked only that Mr. FARR. Mr. Chairman, I rise Mr. Chairman, I support peace in Bosnia, the arms embargo against our country be today to address the issue of the arms not war, and not the deaths of Bosnian civil- ended. ians or Americans soldiers. It is hard to be- In spite of the passage of the Hoyer amend- embargo on Bosnia and Herzegovina, ment last month, this embargo remains in and proposals before Congress for the lieveÐand no one can possibly guaranteeÐ place. In the eight weeks since that vote, the United States to unilaterally lift the that lifting the embargo would help the peace situation in Bosnia and Herzegovina has de- embargo. process. I cannot support unilaterally lifting the teriorated dramatically. The countries that This is not an easy issue. It affects arms embargo when the result will be need- created and committed themselves to pro- our relations with our allies abroad, less conflict and deaths. tect the six United Nations-designated ‘‘safe areas’’ have betrayed two of them— and the authority of our President to Mr. GILMAN. Mr. Chairman, I yield 5 conduct foreign policy. Above all, it in- Srebrenica and Zepa—by allowing them to be minutes to the gentleman from New overrun by Serbian forces. During and after volves the lives of thousands of people, Jersey [Mr. SMITH], the distinguished these attacks, hundreds of civilians were Bosnians and Americans, who will be chairman of the Subcommittee on raped and tortured. Thousands were mas- affected by lifting the embargo. International Operations of our Com- sacred. At least seven thousand are unac- There are some who argue that end- mittee on International Relations. counted for. Tens of thousands more were ing the embargo will lead to a fair set- displaced, and, in the absence of any real re- tlement in Bosnia, or even some vic- Mr. SMITH of New Jersey. Mr. Chair- sponse from the international community, tories for the Bosnian Moslems. But man, earlier today I was given the op- hundreds of thousands of our citizens there is little evidence this will hap- portunity to speak in this debate about throughout Bosnia are now more gravely im- periled than before. Time is of the essence. pen. Indeed, the exact opposite may why I felt so strongly we need to lift With their latest pledge to defend Gorazde occur: Serbs may begin massive pre- the arms embargo. I think it is im- and interminable deliberations over whether emptive attacks on Bosnians to de- moral. It continues to be unethical. to honor their existing commitments to pro- stroy their army before they can re- People are being killed and slaugh- tect the three other remaining ‘‘safe areas,’’ ceive arms. In addition, recent evi- tered. Contact Group and UN-troop contributing dence suggests the Bosnians are so nations claim to have drawn a line in the Under the right of one’s country, a poorly trained and led that increased sand. The London Conference countries made sovereign right, to defend themselves, their pledge ten days ago, yet still there has arms shipments would do little to im- it is my strongly held view, and thanks been no action. And it increasingly appears prove their chances on the battlefield. to the majority of this Chamber, both that the line was drawn to protect only In fact, the war may expand far out- Gorazde—if that. side the borders of Bosnia if the embar- sides of the aisle, that we ought to lift Why only Gorazde? Why not Zepa? Its go is lifted. Nearby places such as Mac- the arms embargo. It was improperly 20,000 inhabitants, even as they were still edonia and Kosovo are already politi- imposed. It ought to be lifted imme- clinging to life and defending the enclave cally and ethnically unstable, and diately so the Bosnians can defend against all odds, were written off in the Lon- ´ could easily become engulfed in the themselves. don conference communique in the name of consultations and consensus. Why not Bihac, conflict. Furthermore, Russia, a tradi- b 1500 which Serbian forces are trying to overrun tional ally of Serbia, may respond to even now? Why not Sarajevo, where Serbian any Bosnian victories by providing But I would like to take just a mo- forces have escalated their criminal stran- overt military support for Serbia— ment or two to read a letter that was gulation and shelling attacks, and where, last week alone, 45 civilians—including 5 bringing a major world power into the sent on July 31 to myself and the gen- war, and forcing the West to either pro- children—were killed, and 184 more wounded. tleman from Maryland [Mr. HOYER], vide similar support for the Bosnians, How do you explain to the Bosnian people who has been a real strong advocate that the very governments that created and or else let them be defeated. and a leader on this lifting of the arms promised to protect these enclaves are now Even supporters of ending the embar- embargo. It is from Prime Minister sacrificing them? Serbian forces have go admit: Ending the embargo would Haris Silajdzic, a man who has ap- crossed every line that the international mean increased conflict in Bosnia—and community has ever drawn. After only a few peared before the Helsinki Commis- thus, more bloodshed, more deaths of more summits, commitments, pledges to act, innocent civilians, and massive in- sion, which I chair, and the gentleman and consultations, there could be no more creases in refugees fleeing to Western from Maryland [Mr. HOYER] used to Bosnians left in Bosnia. Europe. chair, is now ranking Democrat on Since before the very first attacks on our population more than three years ago, we Above all, I believe the ultimate that Commission, and time and time again he has made an impassioned plea have been prepared to fight to defend our- question on this issue must be: Will selves. Tragically, the arms embargo against lifting the embargo put the lives of over the years for lifting the arms em- our country has ensured that this conflict be American men and women in danger? bargo as a way of this country, this im- a slaughter rather than a war. Supporters for lifting the embargo make it portant country, to defend itself, but The arms embargo must be terminated and sound simple: Lift the embargo, and wash our also so that the diplomacy would work. a balance of power be effected on the ground. hands of the Bosnian conflict. But things rarely Absent a credible counterweight to the Only then will this genocidal spiral end. The armed aggression by the Serbs, the recent offer of Croatian Serb forces to re- happen that wayÐand they would be unlikely treat from Bihac back into Croatia rather to happen that way in Bosnia. Bosnian Serbs, the diplomacy will not than face approaching Croatian Army units First, the United States would be forced to work, and I would like to read the let- amply demonstrates the Serbs’ responsive- immediately deploy troopsÐat least 20,000Ð ter from Dr. Silajdzic, the Prime Min- ness to a credible threat of force rather than to Bosnia, to aid the withdrawal of the thou- ister, to Mr. HOYER and me: empty diplomacy. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8111 Our Army and even ordinary citizens are units are dug in on Mount Igman. Re- ploy 25,000 ground troops to this vola- determined to provide that threat and fight lief convoys are being escorted into Sa- tile region to protect the withdrawal as for their lives, homes, villages, and country. rajevo. Artillery, tanks, and armored part of President Clinton’s commit- This is our right. It is one that the American personnel carriers are in position. The ment to the NATO evacuation plan, people—and their leaders—would undoubt- edly demand for themselves if faced with French have already fired back, sup- OPLAN 40104. So do not be deceived. brutal aggression of the type that Bosnia is pressing Serb artillery. This is an easy vote in some quarters, enduring. Secretary Perry says that ‘‘airplanes but a vote to lift the embargo is a vote On behalf of our people, I appeal to the are ready to go on a moment’s notice’’ to send in U.S. troops. American government, the American people, and the White House assures us that Second, our best allies, Britain and and their elected representatives to untie ‘‘substantial air actions will be mount- France, have made clear that, if the our hands and to prove, once again, why ed.’’ embargo is lifted, the United Nations American is the leader of the democratic With these new commitments and world. In the name of morality, lift the arms will pull out and no one will be there to embargo. change in the command and control feed the 3 million displaced people Sincerely, structure, NATO has pledged its re- daily. This would dramatically exacer- HARIS SILAJDZIC, solve. Now it must demonstrate it. bate the refugee crisis and the civilian Prime Minister. The alternative of lift; we should be casualty rate, especially among Mos- I urge all Members to vote to endorse clear what it does and what it does not lems. the amendment that has been offered do. It lifts the arms embargo, but it Let me skip the other two and quote to the bill by Mr. DOLE, and please lift does not provide arms to Bosnia. It Dr. Martin Luther King, Jr.: this arms embargo so people can defend does not authorize the use of American The past is prophetic in that it asserts themselves. troops for any purpose in Bosnia, loudly that wars are poor chisels for carving Ms. MCKINNEY. Mr. Chairman, I whether it is to help with the with- out peaceful tomorrows. One day we must yield 4 minutes to the gentleman from drawal of the UNPROFOR forces that come to see that peace is not merely a dis- California [Mr. BERMAN]. surely must follow that lift or the tant goal that we seek, but a means by which Mr. BERMAN. Mr. Chairman, I think training, support, or delivery of mili- we arrive at that goal. We must pursue we should be clear about one thing. tary equipment. It does not give the peaceful ends by peaceful means. The Western response, our response, to Bosnian forces a chance. It does not So today I ask my colleagues not to the war in Bosnia represents the great- provide them with the heavy military overlook the common sense of this un- est failure of the West since the 1930’s. equipment or the training that all ex- common wisdom. Let us commit to a It has tarnished NATO; it has tarnished perts—including the Bosnians—agree is long-term policy that cuts off fuel and all of us. In the past I have voted for needed. supplies to aggressors, allows the the resolution to lift the embargo uni- Is this a vote for symbolism over sub- President to act in concert with the laterally because of my disgust for the stance? I fear that it may very well be. international community and seeks to Western response and, I am sorry to In the end I cannot help remembering wage peace rather than war. say, because of my disgust for our own that whether it was Czechoslovakia, or Ms. MCKINNEY. Mr. Chairman, I response to what has been happening Poland, or Hungary, or the other coun- yield 11⁄2 minutes to the gentleman there, and I have listened during this tries that were subject to Nazi aggres- from North Dakota [Mr. POMEROY]. debate to the passionate speeches on sion and genocide, there was no arms Mr. POMEROY. Mr. Chairman, I behalf of lifting the arms embargo. The embargo on those countries. Those thank the gentlewoman for yielding gentleman from Maryland [Mr. HOYER] countries without a forceful Western this time to me. and others have reminded us about response were unable to resist the ag- I hate to my core the tragedy that is American responsibilities to support gression. It was not until that response occurring in Bosnia. Twenty-two years freedom and oppose the forces of tyr- came all too late for so many millions ago I was an exchange student in Yugo- anny, and nowhere is that tyranny that that aggression was resisted, and slavia. It was a country coping reason- more apparent than in former Yugo- in the hope and the belief that finally ably well with its incredibly diverse slavia today. There is rape, murder, the West and the United States are pre- culture and backgrounds. This god- ethnic cleansing, concentration camps, pared to do something meaningful, I awful tragedy did not have to happen. disappearances, the slaughter of inno- say for this time now let us give them Those responsible for sending this cents. These have all become Serbian that chance. If we are disappointed country into a fratricidal state of un- trademarks in this battle, and we have once again, then we have to go back to imaginable cruelty, murder, and rape long gone beyond the time for decisive the old strategy. should be condemned for all eternity. action. We should have acted years ago Ms. MCKINNEY. I yield 2 minutes to This tragedy on our planet is a blow for to end these atrocities. the gentleman from Michigan [Mr. all mankind. So why do I change my position at CONYERS]. But let me make one thing very, very this particular time? It is because, as (Mr. CONYERS asked and was given clear. It is not America’s fault. It is we all search for the moral and appro- permission to revise and extend his re- not America’s fight. priate thing to do, I think we have to marks.) As I wrestled with the decision before look at the consequences of our actions Mr. CONYERS. Mr. Chairman, I us, a constituent asked me two ques- and what is happening, and for the first thank the gentlewoman from Georgia tions that I think get to the core of the time in 3 years, since all of this started for yielding this time to me. difficult issues before us. Why are these unraveling, since all of this horror My colleagues, I rise today in reluc- people killing each other, and why came upon the scene, I finally see a tant opposition to this bill which seeks should we place American lives on the glimmer of hope, perhaps the first dem- to pile matches upon a smoldering tin- line to stop it? derbox in the former Yugoslavia. I am onstration of a reality that the West fi- b 1515 nally realizes it needs to act. a veteran of war, but if I am remem- NATO is now taking a forceful role in bered for anything in this body, I hope I did not have an answer to either Bosnia. The dual key system that gave this body will remember me as a cham- question posed by my constituent, and United Nations bureaucrats control pion of peace. At best, we will make a without these answers I cannot vote on over the use of force has now ended. difficult choice in our policy toward a proposal which is an inevitable first Military commanders now have the Eastern Europe, and at worst, we will step to Americanizing this tragedy. As ability to order tactical and strategic take the first step down a slippery deeply as I hate what is occurring, I attacks when necessary to defend the slope to an involvement that we cannot will not support this country taking a remaining safe areas. get out of, and I would like to give my ‘‘Go It Alone’’ approach and exposing NATO is now discussing the use of colleagues the three reasons that make us in this fashion to deeper U.S. In- heavy air attacks to end the Serb as- me support a position of voting ‘‘no’’ volvement in this tragic conflict. sault on the Bihac safe area. on lifting the embargo. Mr. HOYER. Mr. Chairman, I yield 2 A Rapid Reaction Force, heavily If the United Nations has to move minutes to my very good friend, the armed, has been deployed. Artillery out, the United States will have to de- gentleman from New York [Mr. ENGEL] H 8112 CONGRESSIONAL RECORD — HOUSE August 1, 1995 who has been deeply involved in foreign stage for a deeper, personal U.S. in- der, and torture. In Bosnia the battle affairs issues during his career here in volvement in the conflict. A unilateral lines may change daily but the line be- the House. lifting of the embargo would drive our tween right and wrong does not move. Mr. ENGEL. Mr. Chairman, I thank allies out of Bosnia and pull us in. It It is wrong for the Serbs to slaughter a the gentleman for yielding me the will place the responsibility for defin- defenseless people and it is wrong for time. We have all heard this story of ing the mission in Bosnia squarely on the United States to stand by and how Nero fiddled while Rome burned. our shoulders. watch. Lift the arms embargo. Allow For the past 3 years the world has fid- Our leadership on this issue must be the Bosnians to defend themselves. dled while Bosnia has burned and its clear, unwavering, and forthright. The Mr. HAMILTON. Mr. Chairman, I will people have been raped and killed. For Serbs’ assault in recent days makes it reserve the balance of my time. We do 3 years, I and others have been arguing clear that we must strengthen not have a speaker on the floor at the on this floor to lift the arms embargo, UNPROFOR in consultation with our moment, but some are on their way. and what do we hear time and time allies. A congressional passage of a uni- Mr. GILMAN. Mr. Chairman, I re- again and 3 years later? We are still lateral arms lift at this delicate mo- serve the balance of my time. hearing the same things. ment would undermine all efforts to Mr. HOYER. Mr. Chairman, I yield 3 Mr. Chairman, the failed policies, the shore up UNPROFOR and work in con- minutes to the distinguished gen- tired policies, the diplomatic niceties, cert with our allies. tleman from Maryland [Mr. CARDIN] a they have failed. The status quo is not A unilateral arms lift means unilat- member of the Helsinki Commission. acceptable. Two hundred thousand peo- eral responsibility for the United Mr. CARDIN. First, Mr. Chairman, ple have been killed. It is almost an in- States. A unilateral arms lift, Mr. let me thank the gentleman from sult to our intelligence to say we Chairman, will not be a quick fix. We Maryland [Mr. HOYER] for his leader- should just stay the course and let us must stand fast with our allies and ship on the Helsinki Commission and give NATO or the United Nations one with NATO. on human rights issues. more chance. We must maintain our global respon- Mr. Chairman, by maintaining the Mr. Chairman, for the past several sibility to seek a negotiated settle- status quo and not lifting the arms em- weeks, some of us who are Members of ment to pursue a peaceful resolution to bargo, we are taking sides. We are tak- Congress have been receiving the most the Bosnian crisis. We must support ing the wrong side, on the side of the vile anti-Semitic and racist faxes com- the President, our allies, and NATO. aggressor. The Serbs are clearly the ag- ing into our office. Unfortunately, it Therefore, Mr. Chairman, I urge my gressors in Bosnia. shows that 50 years after the Holo- colleagues to vote ‘‘no’’ on lifting the We have had hearings before the Hel- caust, anti-Semitism and racism is arms embargo on Bosnia. sinki Commission here in Washington still alive and well in some quarters, Mr. HAMILTON. Mr. Chairman, per- that have documented the atrocities and genocide, once again, is rearing its haps we ought to get clear here on the that have taken place. The numbers be- ugly face on the Continent of Europe. amount of time remaining. Could the fore the most recent aggression by the Are we just to stand by and do noth- Chair advise us what time remains for Serbs indicate over 20,000 rapes, over ing? each of the three managers? 151 mass graves holding up to 3,000 re- Perhaps, Mr. Chairman, we ought to The CHAIRMAN. The gentleman mains, over 200,000 deaths, 800 prison do something because it is right. Is from Indiana [Mr. HAMILTON] has 18 camps and detention facilities, 50,000 that not what this wonderful country minutes remaining, the gentleman people tortured. The Serbs are the ag- has always stood for, doing what is from New York [Mr. GILMAN] has 141⁄2 gressors, the Serbs are armed, the right? The Serbs are trying to expand minutes remaining, and the gentleman Bosnians are not. Maintaining the sta- Greater Serbia. If they get away with from Maryland [Mr. HOYER] has 161⁄2 tus quo is taking a side; taking the this in Bosnia, Kosova will be next and minutes remaining. wrong side. other places will be next. Let the Mr. HOYER. Mr. Chairman, I yield Yes, Mr. Chairman, lifting the arms Bosnian Moslems defend themselves. 11⁄2 minutes to the distinguished gen- embargo is uncertain. We do not know That is all they are asking. tlewoman from Connecticut [Ms. what will happen by lifting the arms We have seen in the past 3 years, DELAURO], one of the leaders on our embargo, but we know that by main- whenever NATO has seemed to take a side of the aisle. taining the arms embargo, the atroc- firm stance, the aggressors have Ms. DELAURO. Mr. Chairman, I rise ities, the genocide that is currently backed down. When they saw that in strong support of lifting the arms taking place, will continue to take NATO and the United Nations was a embargo on Bosnia. place. Why should we not let the paper tiger, they emboldened them- Lifting the arms embargo is not Bosnians make their own decision? selves. Safe zones were established only something we should take lightly. But They should have the right to be to crumble: Srebeniza, Zepa. What is we cannot continue to allow innocent armed. next, Gorazde, Bihaj, and Sarajevo? civilians to be killed, tortured, raped, Recently, at a meeting of the Organi- Are we going to sit by and watch peo- and herded out of what have been zation for Security and Cooperation in ple be raped and murdered? called safe havens. What kind of safe Europe, I presented a statement on be- Mr. Chairman, we do not want to haven allows the slaughter of inno- half of the Bosnian Government. They send the message that aggression and cents? were unable to get there, for obvious genocide pays. We want to send a mes- The arms embargo was put in place reasons. I will quote from the govern- sage that this country will not tolerate to prevent weapons from entering the ment statement less than one month it. Support the bill. The whole world is former Yugoslavia. But it has not ago. watching. worked each night on the news, we can This war continues because UNPROFOR Mr. HAMILTON. Mr. Chairman, I witness the atrocities being committed commanders have lacked the political will yield 21⁄2 minutes to the distinguished by the well-armed Serbs. The Serbs and the Bosnian army has lacked the means gentlewoman from Georgia [Ms. have slaughtered men, women and chil- to adequately confront those that willfully MCKINNEY]. dren. The survivors have been forced defy international law and Security Council Ms. MCKINNEY. Mr. Chairman, I rise out of their homes so that the Serbs resolutions and OSCE decisions and prin- today in support of the President’s po- may realize their appalling goal of an ciples in pursuit of an ethnically pure Great- sition to uphold the arms embargo on ethnically pure Serbia. er Serbia acheived through genocide. You know that the Bosnian government lacks the Bosnia. As the world’s leader we have The international community has means of confront those butchering its civil- the responsibility to uphold the prin- not been able to defend the Bosnian, ians and acquiring its territory by force be- ciples of negotiated settlement and and through the arms embargo, the cause of the unjust and absurd arms embar- conflict resolution. international community has not ac- go, which is in full contradiction to Article By lifting the arms embargo, Mr. corded the Bosnians their fundemental 51 of the U.N. Charter confirming the inher- Chairman, we put 25,000 peacekeepers right to defend themselves. We must ent right to self-defense. in danger, we become responsible for not continue down the same path that Mr. Chairman, the United States has escalating the war, and we set the has led to ethnic cleansing, rape, mur- stood up before, and many times alone August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8113 on human rights issues. We stood very ‘‘were used as a palliative, an alibi, an ex- so would only prolong our civilians depend- tall against the former Soviet Union cuse to cover the lack of political will to ence on international subsistence without and opposed economic sanctions confront the reality of the war in Bosnia and addressing their protection and how to neu- against the advice of many of our al- Herzegovina with the necessary means (po- tralize those that are responsible for their litical and perhaps military) . . . generating suffering. lies, and the Soviet Union changed and a great deal of contradictions.’’ This problem It must be remembered that UNPROFOR Soviets were allowed to leave the So- still exists today and is compounded by the was deployed in BH in the absence of our in- viet Union. UN Secretariat and some Permanent Secu- herent right to self defense. While humani- We stood tall against South Africa, rity Council members who cling to a policy tarian aid has prolonged some lives, it has when many of our allies questioned our of ‘‘conflict containment’’ in Bosnia and failed to save others from murder and other actions. We were right and South Afri- Herzegovina—a policy that is morally cor- acts of terror. Only a force with the will to ca changed. rupt and strategically absurd. In trying to protect civilians can protect civilians. In On the 20th anniversary of the Hel- justify their position, these factors have this regard, UNPROFOR has thus far failed. given us a public display of handwashing and sinki Accords, let us stand up for what If the Rapid Reaction Force is unable to rhetorical evasion. make amends for these shortcomings, then is right. Vote to lift the arms embargo. Rather than seeing action to implement the Government of the Republic of Bosnia Mr. Chairman, I include the state- the mandates, we hear invocations that the and Herzegovina must be given the oppor- ment by the Delegation of the Par- neutrality of a peacekeeping mission must tunity, as it is legally and morally obliged to liament of the Republic of Bosnia and not be compromised when there is no peace protect the civilian population. We can only Herzegovina to the 4th OSCE Par- to keep and when the mandates were estab- succeed where others have failed if the arms lished as reactions to the transgressions of liamentary Assembly for the RECORD. embargo is lifted. To maintain this embargo the Karadzic Serbs. As this has become more under existing circumstances would be noth- STATEMENT BY THE DELEGATION OF THE PAR- difficult to justify, the relevant factors have ing less than playing accomplice to the geno- LIAMENT OF THE REPUBLIC OF BOSNIA AND engaged themselves in the immoral practice cidal and territorial designs of the Karadzic HERZEGOVINA TO THE 4TH OSCE PARLIAMEN- of equating victim and aggressor, and to- terrorist Serbs sponsored by the Milosovic TARY ASSEMBLY, OTTAWA, 4–8, 1995—GEN- wards that end, have manipulated and sup- regime. The continuation of this policy is ERAL COMMITTEE ON POLITICAL AFFAIRS AND pressed information. An Associated Press nothing less than inviting other like-minded SECURITY wire report of 25 November, 1994 entitled terrorists to pursue racist and aggressive ob- MR. CHAIRMAN, the Delegation of the Re- ‘‘Playing Down Bihac’’ illustrates: ‘‘A Unit- jectives undermining peace and security in public of Bosnia and Herzegovina is pleased ed Nations spokesman. . . repeated assur- Europe and throughout the world. to contribute to this debate on political af- ances that rebel Serbs were respecting the Thank you Mr. Chairman. fairs and security our views which have been Bihac (safe area) zone. He mentioned in pass- formulated after years of experience with the ing, however, that a United Nations observa- Mr. HAMILTON. Mr. Chairman, I United Nations and OSCE security mecha- tion post had to be abandoned due to shell yield 4 minutes to the distinguished nisms, as manifested in UNPROFOR, NATO, fire. Afterward, reporters with access to gentleman from Wisconsin [Mr. OBEY]. as well as numerous political mechanisms, United Nations maps discovered the post was Mr. OBEY. Mr. Chairman, I have including the International Conference on inside the safe zone.’’ been incredibly frustrated by our situa- the Former Yugoslavia and the Contact Mr. Chairman, equation of victim and ag- tion is Bosnia, and I frankly, think Group. gressor, evasion of responsibility, and manip- that the only time that the tragedy We must impress upon you the fact that ulation of information are no substitute for which has happened there could have these experiences are first hand and in the the rule of law, and in Bosnia and most difficult and trying of circumstances. Herzegovina, the law manifests itself in been prevented was at the very begin- The lessons learned, or better to say, the les- UNPROFOR’s mandates. And, again despite ning, before Mr. Milosevic and the sons that have been offered to us, those in the muddying rhetoric of the UN Secretary- Serbs began their brutal series of at- the security and political fields, come at the General and others, the mandates are clear tacks. I think through much of the pe- expense of more than 200,000 dead Bosnians, in their permission, under Chapter VII of the riod since then NATO has failed. I and perhaps at the expense of the credibility UN Charter, to use force to deliver aid to think they especially failed at the be- of the security and political mechanisms populations in need and to use force to pro- ginning, when they should, I think, mentioned above. tect the safe areas and to use force to ensure have made it quite clear that they were Stability and security in Europe are most compliance with the UN/NATO exclusion threatened by the continuing war of aggres- zones around Sarajevo and Gorazde. It is going to take collective action if the sion and genocide waged by Karadzic’s war high time that the relevant factors be held Bosnian Serbs moved one troop across criminals and their sponsors in Belgrade accountable for their evasion of responsibil- a designated line. against the Republic of Bosnia and ity and manipulation and suppression of in- Mr. Chairman, because of that con- Herzegovina and Croatia. This war continues formation. It is high time the UNPROFOR cern and frustration, and my outrage because (1) the Karadzic terrorist Serbs still implement what my government sees as a at the conduct of the Bosnian Serbs, I reject the Contact Group peace plan, and (2) satisfactory mandate; not just to vindicate voted on two occasions to lift the em- because UNPROFOR commanders have the suffering Bosnians, but to vindicate the bargo in order to send a message to the lacked the political will and the Bosnian valiant efforts of UNPROFOR’s men and Army has lacked the means to adequately women, who have been short changed by the United Nations that they needed to confront those that willfully defy inter- UN Secretary-General and his representa- shape up their operations; in order to national law and Security Council resolu- tives. send the message to our NATO allies tions and OSCE decisions and principles in Towards implementing the UNPROFOR that they needed to get serious and get pursuit of an ethnically pure Greater Serbia mandates, my Government welcomes the de- tougher; and that U.N. troops had to be achieved through genocide. ployment of the Rapid Reaction Force. We in a position to shoot back when fired You know that the Bosnian Government believe that this force has the capability and on; and, lastly, almost in desperation, lacks the means to confront those butcher- the means to help UNPROFOR bridge the ing its civilians and acquiring its territory gap between what is written in Security to send a message to the Serbian lead- by force because of the unjust and absurd Council resolutions and what actually takes ership that they might, in the end, en- arms embargo which is in full contradiction place on the ground. We also welcome the po- counter more than they bargained for to Article 51 of the UN Charter confirming sitions of those UNPROFOR troop contribut- unless they backed off. the inherent right to self defense. You also ing states, like the Netherlands, who have I believe, Mr. Chairman, that things know that the Karadzic regime continues to expressed that UNPROFOR’s primary re- have changed, at least for the moment. reject peace as its totalitarian ambitions sponsibility is to the Bosnia’s civilian popu- I reserve the right in the future to have been fulfilled under the current status lation. again vote to lift the embargo, but it quo while its territorial ambitions have not. More and more UNPROFOR troop contrib- What may not be known to you is why utors hold the view that their troops must seems to me that, at least for the mo- UNPROFOR, despite the courage and com- carry out their responsibilities in a robust ment, the message seems to have par- mitment of its troops on the ground, has fashion if the mandate is to be successfully tially been heard. There seems to be failed to protect Bosnia’s civilians and has implemented and if their troops are to be some at least temporary pause by the failed to have an impact in facilitating less vulnerable to Karadzic Serb terrorist re- Serbs in their attack since the possibil- peace. The answer is not new, rather, it is prisals. We believe that you, as Par- ity of air strikes were announced. known to many, but unfortunately ignored liamentarians, are in a position to see this There has been a change in U.N. oper- by those capable of making it a reality. In concept become reality. October 1993, Mr. Jose-Maria Mendiluce However, if UNPROFOR, and the Rapid Re- ating procedures so that we do not (Former Special Envoy of the UNHCR in action Force act only as instruments that have Mr. Boutros-Ghali continuing to Former Yugoslavia) stated that humani- maintain the status quo, we cannot accept interpose himself in decisions on air tarian efforts in Bosnia and Herzegovina their continued presence in the RBH. To do strikes. It also seems to me that we H 8114 CONGRESSIONAL RECORD — HOUSE August 1, 1995 have had a stiffer reaction on the part While at its root this problem is a I will go one step further: It is very of the U.N. forces lately to attacks or European one, this does not mean the clear if we lift the arms embargo Great threats of attack. United States should relinquish its Britain and France are going to with- Mr. Chairman, it seems to me, under rightful role as leader of the allies. On draw their peacekeeping forces, which these circumstances, the most impor- the contrary, leadership is precisely is going to lead to a commitment the tant thing, since we have gotten move- the role we must play. United States has made to provide ment from our allies, and since we have Leadership, however, does not mean troops on the ground in Bosnia to as- gotten a change in procedure from the compromise and agreeing to some easy sist in that withdrawal. United Nations, it seems to me the middle ground. Leadership requires the This vote amounts to a vote as to most important thing at this point is courage of commitment to do what is whether we want to put Americans on for us to be together and for us to try right. the ground there or not. On that basis to see whether this new effort by the What is right in this case is that the I would oppose lifting the embargo. President can, in fact, be expanded and Bosnian Government is entitled to pro- I would add one further thing. If I enhanced. tect its sovereignty and its people, were a troop sitting on the ground in against Serbian aggression. b 1530 Italy or at sea, watching the division What is right, is that the NATO al- between the administration and the When we met with the President this lies, supported by the United States, Congress over this aspect of our foreign morning, he indicated that perhaps should begin to follow through on their policy, I would be shivering in my those who had voted to lift the embar- promises of air strikes in response to boots. I would submit that once we get go in the past had in fact provided continued Serbian attacks on the safe through this vote, it is incumbent upon some help to him, because that had areas of Bihac, Gorazde, and Sarajevo. us as leaders of both parties and the perhaps sent the message to our NATO What is right is that the United Na- administration to find some way to allies, which helped him to get a tions should lift the immoral arms em- bridge the chasm that exists between stronger position out of them. I dearly bargo against the people of Bosnia. us, so we can finally restore a biparti- hope so. But it seems to me at this mo- While there will almost certainly be san consensus on what our policy is ment, given the changes that have casualties, I believe the Bosnian people going to be in that part of the world. taken place on the ground and the would rather die fighting for their Mr. HOYER. Mr. Chairman, I yield 1 changes that have been enunciated country, than at the hands of cowardly minute to the gentlewoman from Cali- with respect to our allies’ policy, as Serb snipers or brutal ethnic cleansing. fornia [Ms. PELOSI]. As Dr. Martin Luther King so clearly well as the United Nation’s policy, that Ms. PELOSI. Mr. Chairman, I thank we ought to grant the President the stated, ‘‘The biggest enemy is not the the gentleman for yielding. I thank the time he needs to try to work out policy brutality of the evil people but rather gentleman for his relentless leadership based on this new stance and this new the silence of the good people.’’ on this effort. I have not always agreed posture. I urge all of my colleagues to vote for So I, with great reluctance, and with American leadership and international with the gentleman from Maryland great frustration, and with great un- law, vote for S. 21. [Mr. HOYER] on this particular resolu- derstanding for those who have in the Mr. HAMILTON. Mr. Chairman, I tion. In the last year I voted against it. past supported lifting the embargo, I yield 2 minutes to the gentleman from I did so because I am a strong believer would urge that for the moment we Maine [Mr. LONGLEY]. in multilateralism, a strong supporter give this new adjusted policy a chance Mr. LONGLEY. Mr. Chairman, I of the goals of the United Nations, and to work, because it seems to me the thank the gentleman for yielding me am indeed a member of the North At- best chance to avoid having to send this time. lantic Assemblies, so I would prefer a American troops into that area and to Mr. Chairman, I have three points I multilateral solution. For that reason, avoid the significant and perhaps even would like to make this afternoon. I voted no last year. massive loss of life that could come if First, I stand here as a past opponent I visited the former Yugoslavia. I this situation unravels quickly, as it of lifting the embargo, but not nec- have met with UNPROFOR forces there certainly might. essarily as a supporter of the adminis- and are impressed by what they are Mr. GILMAN. Mr. Chairman, I am tration’s policies in that part of the trying to do. But, sad to say, this ap- pleased to yield 2 minutes to the gen- world. I think we have been vacillating proach has not succeeded. Indeed, since tleman from Utah [Mr. HANSEN]. and indecisive, and I think we have in- the summer of last year, the allies con- Mr. HANSEN. Mr. Chairman, I appre- vested far more authority in the Unit- tact group has developed a take-it-or- ciate the gentleman yielding time to ed Nations than they are militarily ca- leave-it peace map, threatening the me. pable of handling. Bosnian Serbs with lifting the arms Mr. Chairman, I rise in strong sup- It has reached the point where our embargo or air strikes if they refused port of lifting the embargo. I believe forces on the ground are actually ridi- to sign on. They refused, but no punish- this vote is a vote for American leader- culing what we are establishing in ment has been meted out. In August, ship in the world and the only moral terms of policy, for the forces that are we threatened air strikes against the thing to do. on standby in that part of the world, Bosnian Serb forces violating the Sara- The Clinton administration calls they are not talking about the rapid jevo weapons exclusion zone. Pin prick their strategy engagement. Well, if this reaction force, they are talking about strikes were the response. The list of is engagement where is the ring? the reaction force, or the reaction-re- threats and retreats goes on and on. It would be more accurate to call the action force; or, listen to this one, Mr. Chairman, we must be sure peo- current policy living together. We have UNPROFOR–UNPROFOR, the U.N. ple know what we mean and say about no commitment, we have no plans for Protection Force for the U.N. Protec- ethnic cleansing. Never again. I urge the future, we simply make ourselves tion Force. our colleagues to support the resolu- feel good while leaving plenty of room It is clear to me that the administra- tion. to sneak out the back door with no tion needs to understand it needs to Mr. HAMILTON. Mr. Chairman, I strings attached. put some steel behind its words; and if yield 1 minute to the gentlewoman This policy has been a disaster since we are going to offer safe havens for in- from Colorado [Mrs. SCHROEDER]. the beginning. Bosnia, a member of the nocent civilians, they need to know (Mrs. SCHROEDER asked and was U.N. General Assembly, has been de- they are going to be kept safe. But the given permission to revise and extend nied its fundamental right to self-de- real choice in this debate is between a her remarks.) fense under the U.N. Charter. Instead, policy that will further more violence Mrs. SCHROEDER. Mr. Chairman, I the United Nations has provided a pro- or less violence, and I would submit thank the gentleman for yielding me tection force hardly capable of protect- that adding more ammunition, more the time. Let me say there is plenty of ing itself, and now provides U.N. es- weapons, to an already volatile situa- blame and shame to go around to ev- corts to ensure the safe and orderly tion is going to be counterproductive eryone all over the world as to what ethnic cleansing of the U.N. designated in terms of what we want to accom- has happened in the former Yugoslavia. safe areas. plish. But there is one bit of good news, and August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8115 I fear that if we vote for this resolution vent the people from fighting back and Second, they have spoken very pow- today, we may even blow up the one bit defending themselves, tying their erfully today about atrocities. I do not of good news, and that is unlike the hands behind their backs. That is yield to any person in this Chamber at war in that region at the beginning of worse. That is being complicitous. my abhorrence of atrocities that have this century, so far that war has not That is being enablers. That is being been committed in this war. I am will- spread. It has not splattered all over permitters. It is almost like being ac- ing to concede that the Serbs have the face of Europe, making it a World complices to those who are committing committed a lot of atrocities. I do not War III. genocide on this planet today. think all atrocities have been commit- While we have fumbled all over each We sit here and fritter about terrible ted by one side. But I do know this: other trying to figure out how to act choices that we have. There were ter- That the way to stop atrocities is to together as an alliance, and we have rible choices then as well. We talk stop the war. Almost all who favor lift- been awkward, and alliances are not about glimmers of hope. Glimmers of ing the embargo recognize that that is really efficient, and while there has hope for whom? If that were your peo- a consequence of the war. To intensify been some real horror shows that none ple, if that were my people, you would the war will simply multiply the atroc- of us want to see on TV, if you read not be so hopeful, waiting for the world ities. history and if you read what has been to intervene. The third point I would make is that accomplished, at least this has not Mr. Chairman, we must act or we will this unilateral lift simply turns over spread. If we Americanize this war, be guilty of recommitting the sins of one of the most fateful decisions in which is what I think we will be doing the past that we have condemned on American foreign policy to the Bosnian if we vote for this today, because if you this floor over and over and over again. Government. The bill says that the were the Bosnian leaders, you would This is racial ethnic genocide, make no President shall lift the embargo if the pick up the phone right after this bones about it, and those who sit and Bosnians ask UNPROFOR to leave. passed and say, OK, you guys, you only watch are guilty of participating, How can we in this Chamber, who often voted for it, now bring the weapons in are guilty in sins of omission, if not say that we do not like to put author- and it is now ours, as our allies say sins of commission. ity in multilateral institutions, how goodbye. So let us not do that. Mr. Chairman, once again evil stalks can we just turn over the authority of Mr. HOYER. Mr. Chairman, I yield 2 the world, and we are sitting around the U.S. Government to conduct Amer- minutes to the gentleman from New passing the blindfolds. ican foreign policy to a foreign govern- ment, without any even participation York [Mr. ACKERMAN]. b Mr. GILMAN. Mr. Chairman, I yield 2 1545 on our part? minutes to the gentleman from New Do not let this happen. We would not Finally, many have said that the pol- York. want this to happen to our people. This icy has not worked. I agree with that The CHAIRMAN. The gentleman should not happen to anybody’s race. statement. But I think we do have, as from New York is recognized for 4 min- This is our race. It is the human race. repeated speakers have said on our utes. Mr. HAMILTON. Mr. Chairman, it is side, a new strategy in place. The Mr. ACKERMAN. Mr. Chairman, it my understanding that the gentleman President has articulated it and so was a terrible joke to begin with. Izzi from New York [Mr. GILMAN] has the have his secretaries. We do not know if and Abie were rounded up and captured right to close. I advise my colleagues that strategy is going to work. It may by the Nazi troops. They were marched that I have three speakers remaining. work. But give it a chance for the next to the end of the town and told to dig The CHAIRMAN. The gentleman few weeks to see if it works. If it does 1 not, then maybe we have to go to a their own grave, which they did. And from New York [Mr. GILMAN] has 10 ⁄2 the Nazi storm trooper stood in front minutes remaining, the gentleman unilateral lift. It is a stiffer policy. It is a tougher of them with his machinegun and he from Indiana [Mr. HAMILTON] has 11 said, ‘‘Do you have any last wish?’’ And minutes remaining, and the gentleman policy. It is a unified policy. It will give time for negotiations to work, and Izzi looks at Abie and he says, ‘‘Abie, I from Maryland [Mr. HOYER] has 9 min- in the few days that it has been in think I will ask for a blindfold.’’ And utes remaining. Mr. HAMILTON. Mr. Chairman, I place, it has worked. So for, so good. Abie looks quietly back at Izzi and he I urge the defeat of the proposal. yield myself 3 minutes. says, ‘‘Izzi, don’t make waves.’’ Mr. GILMAN. Mr. Chairman, I re- Mr. Chairman, I think we are now be- From that terrible story, Mr. Chair- serve the balance of my time. man, came the expression ‘‘Never ginning to wind the debate down. I Mr. HOYER. Mr. Chairman, I yield want to say to my colleagues who have again.’’ Never again would a people 11⁄2 minutes to the gentleman from allow themselves to be placed at the participated on both sides that I think Texas [Mr. WILSON]. edge of annihilation, without fighting we have had a very, very good debate, Mr. WILSON. Mr. Chairman, I thank back, without defending themselves. certainly have clarified the issues. the gentleman for yielding time to me. Never again said the almost wiped out let me speak very quickly to two or This is a difficult, difficult situation people. Never again said their neigh- three points that I think are salient in for me because in my 23 years in this bors. Never again said the rest of the the debate. One of the things that House, I have supported the foreign world. Never again will we sit idly by bothers me most gravely about the po- policy of President Nixon, President and allow a whole race to face extinc- sition of those who would lift unilater- Ford, President Carter, President tion. Never, said a regretful world. ally is it seems to me throughout this Reagan, President Bush, and so far, We did not know, said their neigh- debate they have simply been unwilling President Clinton. However, the sav- bors. We did not know it was happen- to speak to the consequences of what ageness that the Serbs have placed ing, said everybody. They must have happens once you have the unilateral upon the people of the Balkans simply taken them away in the middle of the debate. crosses the line. I can no longer do night. How did we know? Never again. They want to lift the embargo, but that, as much as I find it distasteful. Well, Mr. Chairman, never again is that raises a whole series of questions: The aggression and brutality are just happening yet again. Does it make it who supplies the arms who delivers too much. With the arms embargo, this any better if you substitute Ahmed and them, who pays for them, who is going is the first time I can think of in his- Mohammed for Izzi and Abie? I think to feed 2 million people every day, who tory that the great democracies of the not. Does it make it better if you sub- protects the Bosnian civilians if Serbs West have denied the right of self-de- stitute someone else’s people for my attack. The consequences of the lift fense to the people upon whom aggres- people? I think not. Does it make it simply have not been adequately ad- sion is being put. better if you talk about the numbers dressed, it seems to me, by the pro- Therefore, I am going to support the being only hundreds of thousands in- ponents of a unilateral lift. They do resolution of the chairman of the Com- stead of millions? It certainly does not. not provide any arms. They do not pro- mittee on International Relations from How do we sit idly by? How do we vide any funds. They do not provide a New York. But I would also say that I allow this to happen? How do we insti- single cent in this resolution. I think it think that we are going to have to con- tutionalize inaction? How do we pre- is a serious defect in the resolution. sider Croatian, and we are going to H 8116 CONGRESSIONAL RECORD — HOUSE August 1, 1995 have to consider the fact that they are mean high technology weapons are the threat of force. We understand that going to be next, if the Serbs are suc- going in there, Stinger missiles. And it in our own lives. cessful, as they are apparently going to does not mean we have any obligation Who among us, if we were walking be, in the wretchedness that they are to train anybody to even use a rifle or down the street and saw someone club- vesting upon the Bosnians. a pistol. It just does not. bing to death a defenseless person, who So I would say to the chairman of the It says it includes ‘‘training, support, among us would not do something? I committee and the sponsor of the or delivery of military equipment.’’ We am sure there are some who would amendment that I would hope that in have no obligation by removing this shrug their shoulders and walk on, say- the future we can consider the fact arms embargo to deliver anything, let ing this is not my battle. I am not in that we are probably going to have to alone train anybody, let alone put in my neighborhood. A lot of people get lift the arms on Croatia because they Vietnam-style observers, let alone get clubbed to death all the time. Life is are probably going to be the next at- involved in the fighting. unfair. But that is not very many of us. tacked. They are going to be subject to Here is what makes this thing so Some of us would take the club away, exactly the same kind of racial cleans- painful. One of the Members said it is maybe punch them in the nose to cre- ing that the Bosnians are. I hope that like throwing gasoline on a fire. There ate a level playing field, and then let we will keep that in mind. has been an awful fire burning there. I them fight it out. Some of us might in- Mr. GILMAN. Mr. Chairman, I yield 5 read an intelligence report the other terrupt and give a club to the other minutes to the gentleman from Califor- day, the title is not classified. It said person and say, okay, it is fair now. Go nia [Mr. DORNAN]. simply, fighting in all directions. That ahead. But I do not think any of us Mr. DORNAN. Mr. Chairman, I rise in is what is supposed to be on the Presi- would stand there and watch it happen. support of this amendment. Let me say dent’s desk in his 9 intell briefing, And for 3 years that is what we have every 2 or 3 years debate takes place on fighting in all directions was talking been doing. We have been complicit in this House floor where the thoughtful- about the Bihac pocket where the Mos- this genocide. ness and the humanity and the depth of lems are divided into two camps and America is the moral leader of the feeling on both sides of the argument is the U.N. courts of justice have just world. We are not just the military equally powerful and has equal ability made Martic, M-A-R-T-I-C, Martic an- leader. We have looked to as the moral to touch the heart and to make one’s other war criminal. That is war crimi- leader of this world. Let us be that thinking processes work at supersonic nal No. 46, and they are all in the Ser- leader. Let us be that leader. Let us ex- speed. bian camp, 46 war criminals who can- ercise that leadership. I agree with most, well not all, but I not travel through the airports of the We have another choice then to do agree with much of the arguments world. And they do not care, because the right thing. Support the lifting of made on the other side about how sad they can drive up to R&R in Belgrade. the arms embargo. it is to release arms embargo, arms em- So what do they care whether the b 1600 bargoes in a situation where males, and world calls them war criminals? it is generally always older males, tell- But the fact that we have a four-way Mr. HAMILTON. Mr. Chairman, I ing younger males to die and to fight fight going on there does not mean yield 4 minutes to the distinguished for a cause that could be negotiated if that we have a right to hold the hands gentleman from Pennsylvania [Mr. the proper pressure were applied in this behind the back of one party being ter- MURTHA]. case, I believe, by the ex-superpower, ribly beaten, even if we think by re- Mr. MURTHA. Mr. Chairman, let me that has come down to be the confed- leasing their hands the adversary will say that one of the previous speakers eration of Russia, and the world’s only pull out a gun and shoot them dead in talked about supporting President superpower, the United States. front of our face. That is how bad I Reagan in Central America, and I did If the proper pressure, probably pri- think this conundrum is, the horns of that. He talked about supporting Presi- vately, was applied by the United this dilemma is. dent Bush in Saudi Arabia, and I did States and Russia in Belgrade, which is We are crippling the right of men to that. I opposed their effort in Somalia. the seat of this problem, when all is fight to defend themselves. Yet, if we I felt it was a mistake. The United said and done, there probably could be take off the restraints we have put on States can only do so much. a diplomatic solution. them, the other side, led by 46 war The gentleman who just spoke, said Sometimes it appears like Northern criminals, will go so wild that they if somebody is fighting in the middle of Ireland in my heritage tree, that until may try and kill as many young males the street, reminds me of one of the there is an exhaustion over the death, as they can before the first pistol ar- Members who said they got involved in the unnecessary death of thousands of rives on the scene. a domestic quarrel; and when they got innocent people, until the exhaustion With all of that said, this Member involved, in the end they both turned point is reached, middle-aged males cannot vote to keep an embargo on on the individual Member who tried to will not sit down and reason properly. people who are being slaughtered. interfere with a domestic quarrel. Now, there is one point that has been Mr. HAMILTON. Mr. Chairman, I re- There was a physical battle. argued on the side against this resolu- serve the balance of my time. We are talking here about the most tion that I must take exception to. It Mr. HOYER. Mr. Chairman, I yield 1 complicated type of situation. I re- is when they stand up and say, this is minute to the gentleman from Virginia member one time going to Bosnia, 3 or going to drag in American fighting peo- [Mr. MORAN]. 4 years ago, and Helen Bentley said to ple. And I guess that includes women Mr. GILMAN. Mr. Chairman, I yield me, a former Member of Congress, ‘‘Do at this point in our history for a while one-half minute to the gentleman from not forget, this started in 1389.’’ The anyway, until I have hearings, men and Virginia [Mr. MORAN]. animosity and deep feelings of the two women. American men and women are The CHAIRMAN. The gentleman sides, the three sides, in Bosnia are not going to be dragged into this fight from Virginia [Mr. MORAN] is recog- very difficult. All of us feel we would under this Senate Resolution 21 that nized for 11⁄2 minutes. like to solve it. It is a tragedy. we are voting on here shortly. Mr. MORAN. Mr. Chairman, I greatly I walked through the mud in Viet- On the next to last page, article f, respect the point of view of the ranking nam, up to my waist in the water. I Rule of Construction, it says quite Democratic member of the Committee saw young Vietnamese killed, and I clearly: ‘‘Nothing in this section shall on International Relations, which is saw young Americans killed. I was be interpreted as authorization for de- the point of view of the President of wounded twice. I know something ployment of United States forces in the the United States, that we ought to about what it is like to send Americans territory of Bosnia and Herzegovnia for continue negotiating. into harm’s way. If I thought it would any purpose, including training’’—I I understand the implications of lift- solve the problem, I would be the first want to repeat that—‘‘including train- ing the arms embargo. But we have to step in front, but it will not solve ing.’’ been negotiating for 3 years, and the the problem. For instance, if we were To release an arms embargo against problem is we are dealing with a bully. to lift the arms embargo, France and the people most suffering does not Bullies to not negotiate. They react to Britain will withdraw their troops. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8117 America is committed, the prestige of dressed the policy as a success. Every- and tens of thousands more displaced; the United States, the prestige of the one has said it is a failure. It is time, more refugees out of this confrontation President of the United States, is com- then, to move on. Today we mark, Mr. and conflagration since any time since mitted to sending in 25,000 American Chairman, the 20th anniversary of the the 1940’s. War criminals we have put troops. It will not be an easy evacu- signing of the Helsinki Final Act to the on the same level as the democrat- ation. day, August 1, 1975. Twenty years ago ically elected government of Bosnia For instance, if we go into Split, it the United States, in concert with 33 and Herzegovina. We have said to will take one ship at a time, it will countries of Europe and Canada, de- them: ‘‘You can only proceed with the take one C–5 in that small airport. The clared our commitment to 10 sacred arms that are in Yugoslavia,’’ and all roads are narrow, the foliage is deep. It principles governing our relationships of us know that it is the Bosnian Serbs took us 40 days to get a light infantry with each other. We pledge to respect who succeeded to that army. unit into Saudi Arabia. It will take human rights and fundamental free- Yes, there has been some moral rel- much more time to get 25,000 troops doms. We pledge to respect the terri- ativism on this floor, making analogies into Split, and we cannot send them in torial integrity of each state, like between the Serbs and the Bosnian piecemeal. If they go over the roads, Bosnia, the sovereign, independent, Moslems, and we ought to be neutral; which are 10-ton roads, with our heavy internationally recognized state of and yes, if we do this our European al- equipment, it will break the roads Bosnia. We pledge not to threaten or lies may lift the embargo on Iraq. If down, so it will take all kinds of time use force against any state, unlike Ser- they do that, shame, shame, shame on to reinforce or to get a rapid deploy- bia. We pledge to settle disputes by them. Is there any analogy to be made ment force into position, if we have to peaceful means, so as not to endanger between Saddam Hussein, the dictator- fight our way in and fight our way out. international peace, security, and jus- butcher of Baghdad, and the democrat- What we are saying is we are authoriz- tice. When President Force signed the ically elected government of Sarajevo, ing a defeat. historic accord on behalf of the United Bosnia, and Herzegovina? The answer, We are actually saying we are in States he said this: ‘‘This document Mr. Chairman, is of course not. favor of lifting an embargo which with- will not be measured by the promises The time has come for us to make a draws the British and French, and the made in the Helsinki Final Act, but by decision. The time for us has come to United States will go in and bring the promises kept.’’ lift this embargo. The time for us has them out. It is a Diepee. It is a Dien This debate is about promises to come to say we understand who the Bien Phu for the United States. We are keep. This debate is about meeting our victims of aggression are in this case; starting out by saying we are authoriz- commitments under article 51 of the and America, the leader of the free ing a defeat, and what will it cost? One Charter of the United Nations. There world, America, the beacon of freedom billion dollars, at least, and how many are promises to be kept, Mr. Chairman, to the peoples of the world, America, lives we do not know; and it will not and now is the time; not tomorrow, not that stands for justice, will not stand solve the problem. What is the next tomorrow and thereafter. silently by while the innocent victims, step? Croatia gets more involved, Ser- I have heard in every debate on the unarmed, are subjected to the genocide bia gets more involved, the Russians lifting of the arms embargo, ‘‘Wait, that everybody on both sides of this get more involved, Hungary gets in- wait until tomorrow. The sun will issue has spoken to. volved, Greece and Turkey get in- come up tomorrow for the Bosnians. Mr. Chairman, let us not fall into the volved. The sun will come up, and all of a sud- abyss of negligence. Let us not fall into I stood on the spot where World War den the Serbs will see the light.’’ How- the abyss of saying, ‘‘It is not our I started. I looked out and thought to ever, here we are, Mr. Chairman, years struggle.’’ I quoted John Kennedy ear- myself, how could this have happened, later. The atrocities continue. Seven lier today when he told the world that that this incident where the Archduke weeks ago this House voted overwhelm- we would be with them in their fight Ferdinand was killed started World ingly in support of the Hoyer amend- for freedom. The international commu- War I? ment to lift the arms embargo. S. 21 nity recognized Bosnia and We are, in effect, starting the possi- before us now, gives us a vehicle to do Herzegovina. It said to them, ‘‘We re- bility of a wider war with much, much just that. Three hundred and eighteen spect you as a member of the inter- more loss of American lives. The Presi- of us stood to say we will not give aid national family of nations,’’ under the dent changed his policy dramatically. and sustenance to the aggressors, Helsinki Final Act, under the United He now has got the key to eliminating branded as war criminals by the inter- Nations Charter, but even more impor- the dual key of bombing. The military national community. tantly than that, under the principles asks military-to-military. Second, the The gentleman from Indiana [Mr. that America has held so dear since it hostage situation is eliminated. They HAMILTON] makes the point that we declared on July 4, 1776, our independ- will not stop the bombing because of will turn over American policy to the ence. When we look to others to recog- hostages. Instead of pinprick bombing, Bosnians, because if they have this nize and support that independence, let there will be massive bombing. That is they would have to request us stand for those principles today. a big difference. That will make a dif- UNPROFOR to leave, or the lifting of Vote for S. 21. ference. the embargo. That is not true. We Mr. HAMILTON. Mr. Chairman, I There is no one who knows better make a decision today to say in which yield the remainder of my time to the than I do how much air power means in manner we will lift the arms embargo. distinguished gentleman from Missouri an operation, especially in the short We will do it in a considered fashion, [Mr. GEPHARDT], the minority leader. term. When we go in and drop bombs, under S. 21, ensuring the safety of our (Mr. GEPHARDT asked and was we will usually drive off any enemy. allies. Indeed, the President is given 30- given permission to revise and extend We are facing a major decision, one of day segments to extend the lifting of his remarks.) the most important decisions that Con- the embargo if the allies are still at Mr. GEPHARDT. Mr. Chairman, I gress will face. I would urge Members risk. urge Members to vote against this res- not to lift the embargo, because they Mr. Chairman, what has happened in olution. I want to talk this afternoon are in fact declaring war, and they are the few short weeks between voting for about what is moral and what is right endangering American lives. the embargo and today? Srebrenica and for our country and for the people in Mr. GILMAN. Mr. Chairman, I am Zepa lie in ruins. The United Nations- Bosnia. However, first, I want to talk pleased to yield 30 seconds to the gen- declared safe areas have been overrun to the Members who voted for a resolu- tleman from Maryland [Mr. HOYER]. by the terrorist Serbs. The inter- tion of this kind a few weeks back. I Mr. HOYER. Mr. Chairman, I yield national community effectively buried want to urge them to change their myself the balance of my time. Zepa. Where is our integrity? Where is vote. I want to argue to them that Mr. Chairman, we come to a close of our commitment to enforcing the prin- there are two reasons, in fact, three, to a very serious debate. We come to the ciples we adopted in Helsinki? do that. close of a debate that has seen 3 years Civilians raped, tortured, thousands First, the situation on the ground in of failure. No one on this floor has ad- massacred, thousands unaccounted for, these 3 or 4 weeks has changed. The H 8118 CONGRESSIONAL RECORD — HOUSE August 1, 1995 complexity of the war is now in full same. We have to have a peace treaty. since a single flight of humanitarian view, as the Croatians are about to And even if you put 200,000 people on supplies has been able to land in Sara- enter the war again, and there is even the ground and defeat the Serb army, jevo? It has been months. talk of the Serbians coming back from when you leave, you will be back to We can go on to mention the enforce- Serbia proper and having a much wider what you are at today. There is no so- ment of the no-fly decree. Today we conflagration than we contemplated 3 lution to this without getting peace. heard that Serb aircraft were flying or 4 weeks ago. I end with this: A British official said with impunity over Bosnia on military Second, I want to argue that the it best. No language can describe ade- missions. What about the heavy weap- President’s and the West’s policy has quately the condition of Serbia, Bosnia ons exclusion zones around Sarajevo changed dramatically in these last 2 or and Herzegovina and the other prov- and Gorazde? Those are apparently not 3 weeks. There is no more dual key. inces. The political intrigues, the con- even under discussion any more. Then The West now says we will no longer stant rivalries, the hatred of all races, of course there are those almost comi- stop air attacks if there are hostages the animosities of rival religions, and cally misnamed ‘‘safe areas.’’ I think taken; easy to say, hard to do. I under- absence of any controlling power, noth- we may all be forgiven for our skep- stand it, but they have said it. The ing short of any army of 50,000 of the ticism when we are told that the Unit- West is more united in taking a strong best troops would produce anything ed Nations has drawn another line in response. A rapid redeployment force is like order in these parts. the sand around one of the four safe on the ground, and they are shooting Mr. Chairman, Benjamin Disraeli, 117 areas that remain while it tries to de- back on the road to Sarajevo. years ago, uttered those words. It has cide whether we can defend the remain- not changed. What we need is peace, ing three. We are fast running out of b 1615 peace in this very troubled, troubled sand. So there is hope that a tougher, more part of the world. I wish our force Mr. Chairman, let us not forget this effective policy among the western na- could bring it about. I do not think it war’s other casualty, the credibility of tions is in place. But last, I want to will happen. What we must do is what our Government, of our allies, of the argue to you that lifting this embargo the President and the West is trying to United Nations and its Charter, and of is not the moral thing to do. I want to do, which is get these people back to NATO. lead you through what I believe, and the peace table and do everything in Mr. Chairman, to my colleagues who more importantly, what experts on the our power to bring about peace and end point to the escalating U.S. involve- ground believe, will happen if we lift the genocide. That is the moral thing ment, I point to that section of the this embargo. to do, and we must recommit ourselves bill, section 4, subparagraph F, which Mr. Chairman, the first thing that today to do exactly that. states that this measure is not to be will happen, it has been said many Mr. GILMAN. Mr. Chairman, I yield interpreted as an authorization for de- times today, is that the U.N. forces myself the balance of my time. ployment of U.S. forces. will immediately want to come out. Mr. Chairman, I want to commend There is one principle in inter- Are we committed by the word of the the distinguished gentleman, both the national relations that we can still sal- President of the United States that we ranking minority member of our com- vage from this Bosnian debacle and will put 25,000 of our people on the mittee, the gentleman from Indiana that is the right to self defense. This ground to defend the Moslems? No. To [Mr. HAMILTON], and the gentleman right provides the backbone of any conduct a retreat. I am told it may from Maryland [Mr. HOYER] for the fine kind of international order that our take 50,000 of our people for a retreat. manner in which they conducted this own citizens would want to live under. Imagine explaining to the American very thorough debate and all of our I urge my colleagues by their support people that your kid died in Bosnia to colleagues who participated. of this legislation to reaffirm that perform a retreat. It will be the biggest Mr. Chairman, the choice that our right, not only for the people of Bosnia, retreat since Dunkirk. Is that what we colleagues have before them is clear but for tomorrow’s potential victims of want to do? and impelling. We can explain to our aggression, for ourselves, and for our Mr. Chairman, the second thing that children and our grandchildren some 10 children. will happen is the Serbs will move. Do or 20 years from now that we stood Former National Security advisors, you think for a moment if this embar- with the people who have been the vic- Zbigniew Brzezinski in a recent New go is raised that they will not move tims of rabid, genocidal Republic article on August 7 stated and faster than they are already moving? supernationalism, and supported their I quote: The Secretary of Defense told me this right to self-defense, or that we stood There is every reason to believe that the morning that all of the enclaves will go on the sidelines wringing our hands lifting of the embargo will significantly help down. There is not a chance we will get and reaffirming once again the ‘‘Spirit the Bosnians in their effort to defend them- there in time with arms to protect the of Munich’’ that we were powerless to selves. Their army, which is eager and will- enclaves. With the roads, with the do anything but speed the end of the ing to fight, is larger than the army of the ports being what they are, it would conflict by ensuring the destruction of Bosnian Serbs. With the arrival of more modern and plentiful arms, the Serbian ad- take 50 days to get arms in, much less an innocent nation. vantage on the battlefield will be erased. A train anybody to use them. The geno- Let there be no mistake, my col- number of States have indicated their will- cide that we are worried about will be leagues. Despite ours’ and the inter- ingness to finance and to deliver to the increased if we adopt this policy. national community’s best intentions, Bosnians the needed arms. The arming of the Mr. Chairman, I want to give credit our Bosnia policy has been an abject Bosnians need not be a unilateral American to the gentleman from Maryland [Mr. failure, and serves only the interests of undertaking. HOYER] who feels so deeply and so mor- the aggressors. Time after time during Accordingly, I urge my colleagues to ally with such great integrity about the sad history of this conflict, the vote ‘‘yes’’ to lift the arms embargo. this issue, and all who think like him. United Nations, our friends in Europe Mr. Chairman, I yield back the bal- But in his case, he has consistently and our own Government have laid ance of my time. said throughout that he not only wants down strict terms and lines that could Mr. RADANOVICH. Mr. Chairman, today the to lift the embargo, he wants American not be crossed by the Serbs, and time House will consider legislation to lift the em- troops, and a lot of them, on the after time, the Serbs have thumbed bargo against Bosnia and Herzegovina. Last ground. I respect him for that view. their noses with impunity. week, the Senate passed S. 21, the Bosnia I even want to argue that if that is We can start with Security Council and Herzegovina Self-Defense Act of 1995, what we were deciding today, that that resolutions stating unequivocally that with the two-thirds necessary to override a would not be a moral policy. We cannot humanitarian assistance could not be Presidential veto. Senator BOB DOLE, in con- bring about what we want to bring blocked, and how many times because junction with a broad bipartisan coalition is at- about, either by lifting the embargo or of Serb obstruction have we heard tempting to assert American leadership in the putting a lot of our people on the about U.N. convoys taking weeks and right direction. In the course of 3 years, the ground. Ladies and gentlemen, the an- sometimes months, to get through to a United Nations prestige has dwindled to noth- swer in Bosnia has always been the desperate people? How long has it been ing, NATO's credibility has been seriously August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8119 damaged, and the United States has invested States. While I support diplomatic efforts to arms embargo today will surely place the over $21¤2 billion in a mission which is undeni- end the war in former Yugoslavia permanently, UNPROFOR peacekeeping troops from ably a complete failure. As a result, tens of it has become increasingly apparent that diplo- France, the United Kingdom, and other coun- thousands have died by simply putting faith in macy will prove insufficient in resolving the tries in far greater danger. the United Nations promise of protection. After Balkans conflict, the source of which is deeply Extracting those UNPROFOR personnel will the fall of two of six U.N. safe havens, there rooted and complex. Moreover, achieving con- surely require the use of American ground can be no doubt that the United Nations lacks sensus with our European allies on the best personnel. In fact, without adequate consulta- the will and means to defend innocent civil- course of action has been extremely difficult. tion with Congress, President Clinton has al- ians. Yet, the embargo denies the Bosnians The time has come for the United States to ready committed up to 25,000 U.S. troops for the ability to acquire the weaponry necessary take a leadership role. that task. Just as surely there will be American for them to do the job of defending Bosnian The recent Serb capture of U.N. safe areas casualties in this difficult operationÐprobably homes, cities, and citizenry. And so, it is now and subsequent actions against the civilian substantial casualties to the scattered our responsibility to exhibit strong and decisive population demonstrate once again that the UNPROFOR personnel and to the American leadership to end this grave injustice. It is high U.N. arms embargo has worked only to the and NATO allies' troops who are sent in to ex- time to allow the Bosnian people to defend advantage of Serbia and the Bosnian Serbs tract them from this difficult terrain. Under themselves. Therefore, I urge my colleagues against the Bosnian military and Croatian mili- those circumstances the possibility for tragic to once again vote to lift this crippling arms tary and most importantly the civilians. I am events to cause an escalation of our actions embargo. Bosnia's fate should be decided by outraged at recent reports of rapes, summary and reactions into an Americanization of the Bosnia, not the international community. executions, and massive looting following the conflict are very high. The countries providing Mr. MARKEY. Mr. Chairman, as the inter- capture of Srebrenica by the Bosnian Serbs. the UNPROFOR troops and our NATO allies, national community watches, Europe's blood- This is a continuation of a pattern of out- all urging and warning the United States not to iest conflict since World War II enters its 40th rageous behavior that is wholly unacceptable. unilaterally lift the arms embargo, will surely month. In the heart of Europe, villages are If the Serb aggression continues unchecked blame America for the tragedy and hold us pri- burning, innocent civilians are driven from their and unchallenged, the former Yugoslavia will marily responsible for such additional actions homes, women are raped, families are sepa- face an unprecedented humanitarian disaster. as the unfolding tragedy demands. rated, and men are systematically executed in The United States should not stand by and And what will become of the Bosnian Gov- a campaign of terror unmatched since the permit this carnage and assault against ernment and its Moslem population after days of Hitler. human dignity persist to be endured by essen- UNPROFOR withdraws? The necessary quan- It was once said that ``the revolution will not tially unarmed Bosnian Moslems. tities of adequate armament will not appear be televised.'' Mr. Chairman, this genocide Lifting the arms embargo against the overnight and personnel are not instantly has been televised, analyzed, and quantified. Bosnian Moslems will help some in this situa- trained in their use and the military tactics to We know how many Bosnians have been mur- tion and permit the people of Bosnia to obtain properly employ them. It certainly can be ex- dered, we know which cities and towns have weapons to defend themselves and their pected that the Bosnian Serbs will accelerate been destroyed, we know who the aggressors country. Lifting the embargo is not a panacea; their onslaught before the Bosnian Govern- are, where they operate, and what they plan but as the United Nations, NATO, our Euro- ment can increase their combat effectiveness. to accomplish. Still, we do not stop them. pean allies, and the United States itself are All restraint the UNPROFOR forces have been There are consequences for our inaction. unwilling to engage in the Bosnian civil war able to impose will be absent. There will be a The supporters of ethnic war everywhere are that is to provide protection to the unarmed countrywide killing field of Bosnia Government watching: Hutu rebels in the refugee camps of population, then the Bosnian people must not forces and the Moslem population. In this total Zaire; Moslem extremists in the Middle East; be barred from having the opportunity to de- conflict the relatively latent conflict between white supremacists throughout Europe. By re- fend themselves. Croatian and Serbian forces will surely erupt maining silent accomplices to genocide, we Earlier this year, I joined 317 of my col- and the resultant conflict and abandonment of are sending a loud and clear signal to the op- leagues in voting for an amendment to the the Yugoslavian area by UNPROFOR will ponents of racial, ethnic, and religious toler- 1996 defense authorization bill supporting the make it even more difficult to keep this bloody ance: proceed with your plans, we will not ob- efforts of the Bosnian Government and people warfare from spreading south into a larger Bal- ject. to defend themselves against aggression, and kan war that would jeopardize the integrity of As we celebrate the 50th anniversary of the calling on our President to lift the arms embar- the NATO alliance. United Nations, we are paying a bizarre tribute go against Bosnia and Herzegovina. I will Of course, the status quo is not acceptable to the very principles on which the United Na- today support S. 21, which terminates the U.S. and finally there is recent evidence of change. tions was founded. Article 51 of the U.N. arms embargo applicable to the Government Some of my colleagues have asked what Charter stipulates that ``nothing shall impair of Bosnia and Herzegovina under specified could be worse than seeing this ethnic cleans- the inherent right of individual or collective conditions. The Senate has already approved ing and genocide continuing? The answer to self-defense if an armed attack occurs against this legislation by a wide margin. I hope there ``What could be worse'', my colleagues, is the a member of the United Nations, until the Se- will be a similar show of support in the House, probably general scenario I have just outlined. curity Council has taken measures necessary and I urge my colleagues to join me in sup- That would be worse and the approval of S. to maintain international peace and security.'' porting S. 21 to lift the arms embargo against 21 by the House today will be a step down Bosnia is a recognized member of the Unit- Bosnia. this road to a greater series of tragedies which ed Nations. Yet we refuse to permit the I believe that a diplomatic solution is best clearly do affect our national interest. Amer- Bosnian Government to exercise its right of considering the diverse nature of this Yugo- ican actions must not be unilateral but framed self-defense. The embargo imposed on Bosnia slavian society, but certainly negotiations to and implemented in concert with our key Euro- prevents a democratically elected government date have not crossed the line to a conclusion. pean allies who have the troops on the ground from protecting itself from the forces of hatred Some progress has been made, but some out- in the Yugoslavian region. and separatism. Although intended to contain standing and unreasonable actions persist, Mr. Chairman, my colleagues, despite our the Balkan conflict, the embargo has served largely by Bosnia Serbs, that must be ar- horror with the events in Bosnia, despite the merely to guarantee its outcome. With the rested. Endorsing the right to self-defense as lack of confidence most of us have in the poli- heavy equipment of the former Yugoslav army proposed in this resolution will be of some as- cies of the Clinton administration, and despite in the hands of the Bosnian Serbs, the sistance, but there should be no doubt that the dangerous incompetence of the civilian Bosnian Government is left to fight with sub- diplomatic and negotiated solutions must con- leadership of UNPROFOR, I urge my col- standard weapons. It's a fight they cannot win. tinue to be sought for a final resolution of the leagues to set aside those emotions and vote There are no good choices in Bosnia. There conflicts in Bosnia. ``no'' on this legislation. are no easy solutions to the problems in the Mr. BEREUTER. Mr. Chairman, in consider- Mr. BORSKI. Mr. Chairman, I rise today in former Yugoslavia. We must, however, allow ing this resolution we are faced with a terrible opposition to S. 21, the so-called Bosnia and the Bosnians themselves to try to solve their dilemma. A great many of us have long felt it Herzegovina Self-Defense Act. While I share own problems. We must lift this unjust embar- is morally indefensible to deny the Bosnian my colleagues' frustrations over the war in go and permit them to defend themselves. It Moslems adequate arms to defend themselves Bosnia, I believe this is the wrong course of is their right, and it's our duty. through the ill-advised multilateral arms em- action to take at this time. Unilaterally lifting Mr. VENTO. Mr. Chairman, the tragic situa- bargo that is so one-sided in its effect. Yet be- the embargo will Americanize the war, dam- tion in Bosnia demands action by the United ginning the process of unilaterally lifting the age U.S. leadership in NATO, and impede our H 8120 CONGRESSIONAL RECORD — HOUSE August 1, 1995 ability to enforce U.N. sanctions in regions of national interests, to violate sanctions against arms embargo against the former Yugoslavia the world where we have more vital national rogue nations like Iraq, Libya and North which was intended to cut off the supply of interests. Enactment of this legislation today Korea. We will have little credibility arguing arms to all parties involved in the conflict. Yet, will commit Congress to deploying U.S. troops against such violations. despite this embargo, the violence and blood- into a war that will be made even more hostile The enactment of S. 21 will divide our Na- shed continues. The Bosnian Serbs already and violent by these unilateral actions. tion at home as well. By seizing the Presi- have heavy weapons. The embargo, which We are all united today in our condemnation dent's constitutional prerogative to make for- United States forces have helped enforce, has of the recent deplorable actions of the Bosnian eign policy, we will send a powerful signal done nothing but deprive the Bosnian Mos- Serbs. The recent Serbian assaults on abroad that Congress and the President are lems of their inherent right to defend them- Srebrenica and Zepa, and their ``ethnic cleans- moving in different directions on foreign policy. selves and their families. ing'' of these areas, have prompted this Con- A divided Nation at home is a weak nation International bureaucrats should not be gress to respond. The temptation to do some- abroadÐa fact that will only embolden future making decisions about which weapons the thing to put an end to this conflict has never potential foreign adversaries. Bosnian people may use to defend them- been stronger. A vote for S. 21 is a vote to commit United selves. For too long we have stood idly by as But before we act, we must examine how States troops into the middle of an even more incidents of ethnic-cleansing, systematic rape effective our actions will be, and whether the violent Balkan quagmire. The President has and murder, and attacks on civilian targets benefits are worth the costs. I share my col- already promised 25,000 troops for the evacu- continue. Yet there is no end in sight unless leagues' belief in the principle that the Bosnian ation of U.N. peacekeepers. Should that evac- we unequivocally stand and demonstrate that Government deserves the right to defend it- uation be necessary, the enactment of this this moral outrage is absolutely unacceptable. self. But I believe the damage that will be legislation is likely to create an even more I do not advocate the use of United States caused to our national interests by unilateral hostile environment for our troops. They will ground troops in this conflict. The Bosnian action far outweigh any benefit to our interests be on the ground at the same time that Ser- Government has not asked for that kind of in Bosnia. bian forces will be launching new offensives help. While our European neighbors have ap- Unilaterally lifting the arms embargo on the before the actual lifting of the embargo. Our parently decided to abdicate their moral re- Bosnian Government will not end this tragic troops will become targets for those seeking sponsibilities in Bosnia, we have no right to war. It will not bring about an end to ethnic retaliation for the actions we will take today. turn a blind eye. The United States must not cleansing. It is questionable whether it will Mr. Chairman, the war in Bosnia is a trav- let itself become a party to such gross neg- even have any appreciable difference on the esty that requires a determined and united ef- ligence. Although I hold out hope for a diplo- battlefield. In fact, our own military leaders at fort by all western nations. We should work to matic solution to this conflict, the end is not in cease this war, but we should not go it alone. the Joint Chiefs of Staff [JCS] concluded in a sight, and as long as the right to self-defense Enactment of this legislation will Americanize January study that it is ``extremely unlikely'' is denied to the Bosnians the onslaught will this war and lead to the eventual deployment that a unilateral lift would improve the Bosnian continue. Government's chances of achieving a balance of thousands of our men and women into this It is time to realize that our past policies of forces with the Serbs. troubled, violent land. If we pass this legisla- have failed. It is time to do our part to stop the tion today, we in Congress will become di- More likely, lifting the embargo unilaterally slaughter. at this time will intensify the fighting, widen the rectly responsible for their fate. My colleagues, it is time to support this bill. Mr. POSHARD. Mr. Chairman, I rise in sup- conflict and perhaps even make matters worse Let's end the embargo. port of the resolution and in support of lifting for the Bosnian Government forces. Because Mr. COYNE. Mr. Chairman, there is no the arms embargo against the Bosnian Gov- new heavy weapons would have to cross doubt that most Americans support efforts to ernment. Croat and Serb territory, many would not even No one can approach this debate without bring peace to Bosnia and to end the war make it into right hands. By the time the some misgivings about the appropriateness of against the Bosnian people being waged by Bosnian Government can be effectively trained any action in this war-torn part of the world. Serb forces in Bosnia. I share the deep con- to use the weapons that do make it through, But no one can watch what is taking place in cern of many Americans over recent events in it may be too late. Unilateral action by the the former Yugoslavia without being deeply Bosnia, especially the violation of safe areas United States will give Russia an excuse to troubled by the ongoing barbarity and terror. established by the United Nations. supply arms to the Serbs, its historic ally. In- As the safe havens for Bosnian Moslems Americans are right to feel outrage and frus- spired and supplied by Russia and Belgrade, continue to come under attack, and as the tration over the events in Bosnia. The viola- the Serbs will launch new offensives to cap- United Nations presence there does little to tions of human rights and atrocities against ture as much territory as possible before the prevent aggression, the time has come to lift women, children and unarmed men should Bosnian Government can be effectively the arms embargo and allow the Bosnian peo- disgust everyone. It is natural for us to look for armed. ple to defend themselves. some solution to the war in Bosnia which will Overwhelmed by Serb attacks, the Bosnian The arms embargo has not halted the ag- bring a quick resolution to this brutal war Government will make urgent appeals for sup- gression of the SerbsÐit can be argued that against the Bosnian people. port from Islamic countries, including those an- it has, ultimately, encouraged them to continue Unfortunately, there are no quick and easy tagonistic toward the United States. While their advances with little fear of retribution. solutions to the crisis in Bosnia. This is cer- such support may help Bosnia's interests, it The United States can no longer impose an tainly true of the proposed legislation before will come at the cost of increased influence of embargo which ultimately results in leaving the House today which would unilaterally lift Iran, Libya and other fundamentalist countries people virtually helpless against an aggressor the arms embargo currently in effect for all of in the Balkans. intent on cleansing the earth of their presence. the former parts of Yugoslavia. Lifting the em- Unilaterally lifting the arms embargo will not I will reserve judgment about the manpower bargo will ensure that the war will continue in only damage our efforts in the Balkans, but and equipment we might be called on to pro- Bosnia while sharply undermining efforts to also threaten U.S. leadership throughout the vide should a withdrawal of UNPROFOR achieve a negotiated settlement in Bosnia. world. While the United States has a strong troops be necessary. But I am opposed to put- Lifting the embargo will result in the certain humanitarian interest in ending the war, it has ting American troops on the ground in the withdrawal of NATO forces serving with the a greater national interest in preserving a former Yugoslavia, and believe the time has United Nations' humanitarian mission in strong relationship with our NATO allies. Uni- come to lift the embargo and allow the Bosnia and will guarantee the deployment of lateral action will cause extensive and irrep- Bosnian people to defend themselves. up to 25,000 members of the American mili- arable damage to a relationship that has re- Mr. LAZIO of New York. Mr. Chairman, I tary to assist in the withdrawal of our NATO mained strong and united for the past 50 rise today to state support on a matter of ut- allies from Bosnia. years. It will isolate the United States at a time most importance: lifting the arms embargo Unilaterally lifting the arms embargo against when it is seeking allied support for its foreign against the Bosnian Government. The United the former nations of Yugoslavia will ensure policy toward North Korea, China, Iran. States Government must take the morally cor- that the United Nations role in Bosnia is Our refusal to comply with the U.N. arms rect position and unilaterally lift the arms em- brought to an end. Members of the House embargo will also permanently damage our bargo immediately. We simply cannot continue must keep in mind that this U.N. mission cur- ability to enforce other U.N. sanctions in re- to look the other way as the horrors of geno- rently provides the Bosnian people with vital gions where we have more vital, national inter- cide continue. humanitarian relief that feeds and helps keep ests. This will prompt other nations, who wish On September 25, 1991, the United Nations alive over 2 million people in Bosnia. The Unit- to put their economic interests ahead of our Security Council imposed an international ed States will bear a great responsibility for August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8121 the void left by the departure of our European have called for it, and the American people nority leader or his designee. That NATO allies who have placed their military support it, as does this Congress. There is no amendment shall be considered read, forces on the ground in Bosnia. It may be an doubt that the embargo was well-intentioned, shall be debatable for 1 hour equally di- easy vote for some to lift the embargo but this but in practice it has no validity. We must give vided and controlled by the proponent vote, if successful, will be only the first of sev- the Bosnians a chance to defend themselves and an opponent, and shall not be sub- eral votes to follow with the Americanization of under equal terms. Without this measure, we ject to amendment. the Bosnian conflict. leave them without a fighting chance. If there is no amendment, under the The situation in Bosnia is at a very crucial Recently Srebrenica and Zepa were over- rule, the Committee rises. point. The Clinton administration is currently run, tomorrow it could be Sarajevo and Bihac. Accordingly the Committee rose; and working intensively with our NATO allies and And it is common knowledge that the Bosnian the Speaker pro tempore (Mr. COM- the United Nations' command in Bosnia to Serbs won't stop until they get exactly what BEST) having assumed the chair, Mr. strengthen the United Nations' position in they wantÐa land free of everybody else ex- BONILLA, Chairman of the Committee Bosnia. President Clinton has stated that the cept for them. This message sounds eerily fa- of the Whole House on the State of the United States is now working to implement the miliar, particularly in light of the Nazi Holo- Union, reported that that Committee, agreement reached recently in London to caust, and especially this summer, as we having had under consideration the threaten substantial and decisive use of NATO commemorate the 50th anniversary of the end Senate bill (S. 21) to terminate the air power if the Bosnian Serbs attack Goradze of WWII. United States arms embargo applicable and to strengthen protection of Sarajevo using The United States has always been known to the Government of Bosnia and the Rapid Reaction Force. These actions lay as the true defender of democracy and basic Herzegovina, pursuant to House Reso- the foundation for stronger measures to pro- freedoms. I say then, let us take the lead in lution 204, he reported the Senate bill tect the other safe areas. promoting that legacy. We are not opening the back to the House. Congressional passage of this resolution to door for another Vietnam. The Bosnians don't The SPEAKER pro tempore. Under lift the embargo unilaterally will undermine want us to train and advise them. They don't the rule, the previous question is or- these efforts. It will provide our allies with want us to plan their military operations and dered. strong motivation to initiate a withdrawal from send in American ground troops to defend Sa- The question is on the third reading Bosnia at exactly the moment the United rajevo. What they want is a fighting chance. of the Senate bill. States is asking for greater involvement by our And with this vote, we can give that to them. The Senate bill was ordered to be NATO allies. It will require the United States to Mrs. MINK of Hawaii. Mr. Chairman, the read a third time, and was read the honor its promise to provide ground support policies of the Western allies with respect to third time. for the withdrawal of our NATO allies from the conflict in the former Yugoslavia, including The SPEAKER pro tempore. The Bosnia. the deployment of the U.N. Protection Force question is on the passage of the Sen- Mr. Chairman, I urge my colleagues to un- [UNPROFOR] to protect the U.N.-declared ate bill. derstand what is at stake if the Congress ap- safe areas of Bosnia and the denial of arms The question was taken; and the proves a unilateral lifting of the embargo. The to Bosnia, have failed. That failure has been Congress is setting the United States on a Speaker pro tempore announced that vividly documented in newspapers and on tel- course that will place responsibility for Bosnia the noes appeared to have it. evision. Mr. GILMAN. Mr. Speaker, I object squarely with our country. I urge my col- The arms embargo on Bosnia was intended leagues to consider carefully the direction in to the vote on the grounds that a to contain the spread of armed conflict in the quorum is not present and make the which unilaterally lifting the embargo will move former Yugoslavia. While that may have been U.S. foreign policy. We must not vote on this point of order that a quorum is not the embargo's intent, the embargo has in fact issue out of frustration with the horrible situa- present. expanded the conflict by securing the military tion in Bosnia but instead should support the The SPEAKER pro tempore. Evi- advantage of the Bosnian Serbs and allowing efforts of President Clinton to strengthen U.N. dently a quorum is not present. the Bosnian Serbs to exercise their military resolve in support of its mission in Bosnia. The Sergeant at Arms will notify ab- Mr. ACKERMAN. Mr. Chairman, today we advantage to the fullest. The Bosnian Serbs sent Members. are once again discussing the pros and cons have shelled Sarajevo unrelentingly, attacked The vote was taken by electronic de- of unilaterally lifting the U.N. arms embargo on Bosnian Moslem enclaves repeatedly, and are vice, and there were—yeas 298, nays Bosnia, and I rise in strong support of this now in the process of eliminating the U.N.-de- 128, not voting 8, as follows: measure, S. 21, that would lift the embargo. clared safe areas. [Roll No. 608] The arms embargo on Bosnia has allowed Although the arms embargo was deemed a YEAS—298 the 80,000-member Bosnian Serb militia, viable stopgap to the conflict when it was first Ackerman Calvert Dornan instituted almost 3 years ago, it has clearly which is armed and supported by neighboring Allard Camp Doyle failed to inject any amount of fairness into this Serbia, to conquer and control roughly 70 per- Andrews Cardin Dreier tragic war. The Bosnian Serb army, under the cent of Bosnia. The embargo has also pre- Archer Castle Duncan vented the Bosnian Government from defend- Armey Chabot Dunn tutelage of Milosevic, and armed with the Bachus Chambliss Durbin weaponry and training of the former Federal ing its territories by mobilizing its potential Baker (LA) Chenoweth Ehlers Yugoslav Army, is a towering Goliath to the 200,000-member militia. And, by encouraging Ballenger Christensen Ehrlich Bosnian Serb aggression, the embargo has Barcia Chrysler Emerson Bosnian Government's brave David. Barr Clement Engel For 3 years now every American has undermined the efforts of the United Nations Barrett (NE) Clinger English watched with horror as the tragedies in the to encourage a diplomatic settlement and, Bartlett Coble Ensign Balkans continued unabated. In those 3 years most tragically, provide humanitarian aid to Barton Coburn Everett Bosnian civilians. Bass Collins (GA) Ewing there has been much talk, and even several Becerra Collins (MI) Fawell threats, about doing something that could ef- I have voted twice to lift the United States Bentsen Condit Fields (TX) fectively stop the advance of the Bosnian arms embargo on Bosnia because I believe Bilbray Cooley Flanagan Serbs in their quest to ethnically cleanse that Bosnian Serb aggression and truculence Bishop Costello Forbes can be checked and the stage set for a pos- Bliley Cox Fowler Bosnia. Blute Crane Fox And yet the United States and Europe are sible diplomatic resolution of the ongoing con- Boehlert Crapo Frank (MA) still stuck in the same place we were in when flict only when the Bosnian forces are able to Boehner Cremeans Franks (CT) the conflict began. What is the secret solution defend their territories by gaining parity with Bonilla Cubin Franks (NJ) Bonior Danner Frelinghuysen to ending the bloodshed? What is the correct Serbian military might. Bono Davis Frisa combination of action and diplomacy that will I urge my colleagues to vote to lift the arms Boucher Deal Frost send the strongest possible message to the embargo. Brewster DeFazio Funderburk Serbs that the international community does The CHAIRMAN. All time for general Brown (OH) DeLauro Furse Brownback DeLay Gallegly not tolerate this slaughter? I don't know. And debate has expired. Bryant (TN) Deutsch Ganske I can't say if anyone knows. But I do know, as Pursuant to the rule, the bill is con- Bryant (TX) Diaz-Balart Gekas do most of my colleagues, what is the right sidered read for amendment under the Bunn Dickey Gilchrest 5-minute rule. No amendment is in Bunning Dingell Gillmor thing to do. We must lift the embargo. Burr Doggett Gilman In my mind, it is the only conscionable thing order except an amendment in the na- Burton Dooley Goodlatte to do. The Bosnian Government and people ture of a substitute offered by the mi- Buyer Doolittle Goodling H 8122 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Goss Lucas Salmon Roybal-Allard Stark Vucanovich consideration of the bill (H.R. 1225) to Graham Luther Sanders Sabo Stokes Ward amend the Fair Labor Standards Act of Green Maloney Sanford Schroeder Studds Waters Greenwood Manton Sawyer Shaw Taylor (MS) Watt (NC) 1938 to exempt employees who perform Gunderson Manzullo Saxton Sisisky Thompson Waxman certain court reporting duties from the Gutierrez Markey Scarborough Skaggs Thornton Williams compensatory time requirements appli- Gutknecht Martini Schaefer Skelton Torkildsen Woolsey cable to certain public agencies, and Hall (TX) Mascara Schiff Souder Torres Yates Spence Tucker for other purposes. Hancock McCarthy Schumer Young (FL) Hansen McHale Scott Spratt Visclosky The Clerk read the title of the bill. Harman McHugh Seastrand NOT VOTING—8 The SPEAKER pro tempore. Is there Hastings (WA) McInnis Sensenbrenner objection to the request of the gen- Bateman Minge Thurman Hayes McIntosh Serrano Hayworth McKeon Hall (OH) Moakley Young (AK) tleman from Illinois? Shadegg Hefley McNulty Jefferson Reynolds Mr. OWENS. Mr. Speaker, reserving Shays Heineman Meehan Shuster the right to object, I will ask the gen- Herger Menendez b 1644 Skeen tleman to explain his unanimous-con- Hilleary Metcalf Mr. HASTERT changed his vote from Hinchey Meyers Slaughter sent request. Hobson Mica Smith (MI) ‘‘yea’’ to ‘‘nay.’’ Mr. FAWELL. Mr. Speaker, will the Hoekstra Miller (FL) Smith (NJ) So the bill was passed. gentleman yield? Hoke Mink Smith (TX) The result of the vote was announced Mr. OWENS. Further reserving the Holden Molinari Smith (WA) as above recorded. Horn Moorhead Solomon right to object, I yield to the gen- Hostettler Moran Stearns A motion to reconsider was laid on tleman from Illinois. Houghton Morella Stenholm the table. Mr. FAWELL. Mr. Speaker, I thank Hoyer Myers Stockman f the gentleman for yielding. Hunter Myrick Stump H.R. 1225, as reported by the Commit- Hutchinson Nadler Stupak b 1645 Hyde Neal Talent tee on Economic and Educational Op- Inglis Nethercutt Tanner GENERAL LEAVE portunities on July 20, 1995, would Istook Ney Tate allow an exemption under the Fair Johnson (CT) Norwood Tauzin Mr. GILMAN. Mr. Speaker, I ask Labor Standards Act for official court Johnson (SD) Nussle Taylor (NC) unanimous consent that all Members reporters while they are performing Johnson, Sam Oberstar Tejeda may have 5 legislative days in which to Jones Olver Thomas transcription duties and being paid on Kaptur Owens Thornberry revise and extend their remarks on S. a per-page basis. Kasich Oxley Tiahrt 21, the Senate bill just passed. I introduced H.R. 1225 on March 14, Kelly Packard Torricelli The SPEAKER pro tempore (Mr. 1995. Without this bill, almost every Kennelly Pallone Towns Kildee Pastor COMBEST). Is there objection to the re- State and local government and court Traficant quest of the gentleman from New Kim Paxon Upton will have to alter their payment struc- King Pelosi Velazquez York? Kingston Peterson (MN) tures for official court reporters. Vento There was no objection. Kleczka Pickett My colleagues on both sides of the Volkmer Klug Pombo f Waldholtz aisle deserve acknowledgment for their Kolbe Porter Walker efforts in moving this bipartisan legis- LaHood Portman PERSONAL EXPLANATION Lantos Poshard Walsh lation and, in particular, the gen- Largent Pryce Wamp Mr. GENE GREEN of Texas. Mr. tleman from North Carolina [Mr. Watts (OK) Latham Quillen Speaker, on Monday, July 31, I was in BALLENGER], whose subcommittee held LaTourette Quinn Weldon (FL) my district conducting a previously Weldon (PA) hearings on this bill, also to the chair- Laughlin Radanovich scheduled townhall meeting, and, Lazio Ramstad Weller man, the gentleman from Pennsylvania Leach Regula White therefore, missed rollcall votes 601 [Mr. GOODLING], and the ranking mi- Levin Riggs Whitfield through 607. These events were planned nority member, the gentleman from Lewis (CA) Rivers Wicker at the time with information from the Lewis (KY) Roberts Wilson Missouri [Mr. CLAY], for their leader- Lincoln Rogers Wise House leadership that the House would ship in shepherding this bill through Linder Rohrabacher Wolf not be casting votes on July 31. the committee. I especially want to Lipinski Ros-Lehtinen Wyden I am including in the RECORD how I pay my respects to the gentleman from LoBiondo Roth Wynn would have voted on rollcall votes 601– Lofgren Royce Zeliff New York [Mr. OWENS], who helped Lowey Rush Zimmer 607. craft the final language of the sub- No. 601—‘‘yes’’; No. 602—‘‘yes’’; No. stitute, and his help and guidance was NAYS—128 603—‘‘yes’’; No. 604—‘‘no’’; No. 605— certainly instrumental in this bill. Abercrombie Evans Livingston ‘‘yes’’; No. 606—‘‘yes’’; and No. 607— I understand that the other body will Baesler Farr Longley ‘‘no’’. take up this bill in the near future. I Baker (CA) Fattah Martinez Baldacci Fazio Matsui f look forward to their expeditious con- Barrett (WI) Fields (LA) McCollum REPORT ON RESOLUTION WAIVING sideration of this matter. Beilenson Filner McCrery Mr. OWENS. Mr. Speaker, further re- POINTS OF ORDER AGAINST CON- Bereuter Flake McDade serving the right to object, I rise in Berman Foglietta McDermott FERENCE REPORT ON H.R. 1854, support of the unanimous consent re- Bevill Foley McKinney LEGISLATIVE BRANCH APPRO- Bilirakis Ford Meek quest. Borski Gejdenson Mfume PRIATIONS ACT, 1996 As the gentleman stated, H.R. 1225 Browder Gephardt Miller (CA) Mr. DIAZ-BALART from the Com- Brown (CA) Geren Mineta concerns the compensation for over- Brown (FL) Gibbons Mollohan mittee on Rules, submitted a privi- time for State and local court report- Callahan Gonzalez Montgomery leged report (Rept. No. 104–221) on the ers. Although a blanket exemption Canady Gordon Murtha resolution (H. Res. 206) waiving points from the Fair Labor Standards Act Chapman Hamilton Neumann Clay Hastert Obey of order against the conference report overtime requirements would be inap- Clayton Hastings (FL) Ortiz to accompany the bill (H.R. 1854) mak- propriate, where court reporters are Clyburn Hefner Orton ing appropriations for the legislative otherwise receiving compensation for a Coleman Hilliard Parker branch for the fiscal year ending Sep- Collins (IL) Jackson-Lee Payne (NJ) transcript on a per-page basis and are Combest Jacobs Payne (VA) tember 30, 1996, and for other purposes, preparing the transcript on their own Conyers Johnson, E.B. Peterson (FL) which was referred to the House Cal- time, that time should not be required Coyne Johnston Petri endar and ordered to be printed. to count for purposes of computing the Cramer Kanjorski Pomeroy Cunningham Kennedy (MA) Rahall f reporters’ overtime. de la Garza Kennedy (RI) Rangel I support this legislation because it Dellums Klink Reed THE COURT REPORTER FAIR achieves that end, and I commend my Dicks Knollenberg Richardson LABOR AMENDMENTS OF 1995 colleagues, the gentleman from Penn- Dixon LaFalce Roemer Edwards Lewis (GA) Rose Mr. FAWELL. Mr. Speaker, I ask sylvania [Mr. GOODLING], the gen- Eshoo Lightfoot Roukema unanimous consent for the immediate tleman from Illinois [Mr. FAWELL], the August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8123 gentleman from North Carolina [Mr. ‘‘(iii) the rate freely negotiated between ANNOUNCEMENT BY THE SPEAKER BALLENGER], for working to resolve the employee and the party requesting the PRO TEMPORE this issue in a bipartisan manner. transcript, other than the judge who pre- The SPEAKER pro tempore. The Mr. Speaker, I withdraw my reserva- sided over the proceedings being transcribed, and Chair will entertain 1-minute requests. tion of objection. ‘‘(B) the hours spent performing such du- The SPEAKER pro tempore. Is there ties are outside of the hours such employee f objection to the request of the gen- performs other work (including hours for tleman from Illinois? which the agency requires the employee’s at- GENERAL LEAVE There was no objection. tendance) pursuant to the employment rela- Mr. DINGELL. Mr. Speaker, I ask tionship with such public agency. The Clerk read the bill, as follows: unanimous consent that all Members H.R. 1225 For purposes of this section, the amount may have 5 legislative days within Be it enacted by the Senate and House of Rep- paid such employee in accordance with sub- which to revise and extend their re- resentatives of the United States of America in paragraph (A) for the performance of court reporting transcript preparation duties, shall marks on Mr. Keith Jewell, the official Congress assembled, photographer of the House, who is re- SECTION 1. SHORT TITLE. not be considered in the calculation of the regular rate at which such employee is em- signing today. This Act may be cited as the ‘‘The Court ployed.’’. Reporter Fair Labor Amendments of 1995’’. The SPEAKER pro tempore. Is there SEC. 2. LIMITATION ON COMPENSATORY TIME SEC. 3. EFFECTIVE DATE. objection to the request of the gen- FOR COURT REPORTERS. The amendments made by section 2 shall tleman from Michigan? Section 7(o) of the Fair Labor Standards apply after the date of the enactment of this There was no objection. Act of 1938 (29 U.S.C. 207(o)) is amended— Act and with respect to actions brought in a (1) by redesignating paragraph (6) as para- court after the date of the enactment of this f graph (7); and Act. (2) by inserting after paragraph (5) the fol- Mr. FAWELL (during the reading). TRIBUTE TO KEITH JEWELL lowing new paragraph: Mr. Speaker, I ask unanimous consent ‘‘(6) A public agency may not be considered (Mr. DINGELL asked and was given to be in violation of subsection (a) with re- that the committee amendment in the permission to address the House for 1 spect to an employee who performs court re- nature of a substitute be considered as minute.) porting transcript preparation duties if such read and printed in the RECORD. Mr. DINGELL. Mr. Speaker, I rise public agency and such employee have an un- The SPEAKER pro tempore. Is there today to bid a fond farewell to a distin- derstanding that the time spent performing objection to the request of the gen- such duties outside of normal working hours guished public servant and to a man tleman from Illinois? who has served this House with great or regular working days is not considered as There was no objection. hours worked for the purposes of subsection dignity and diligence over a career that (a).’’. The SPEAKER pro tempore. The has spanned almost three decades, question is on the committee amend- SEC. 3. EFFECTIVE DATE OF AMENDMENTS. whose last day with the House of Rep- The amendments made by section 2 shall ment in the nature of a substitute. resentatives is today. The committee amendment in the take effect as if included in the provisions of He has served admirably as the Di- nature of a substitute was agreed to. the Fair Labor Standards Act of 1938 to rector of the House Office of Photo- which such amendments relate, except that The bill was ordered to be engrossed graph, a demanding job in an office such amendments shall not apply to an ac- and read a third time, was read the tion— that logged over 19,000 visits to offices third time, and passed, and a motion to of Members of Congress and to address (1) that was brought in a court involving reconsider was laid on the table. the application of section 7(a) of such Act to other functions in the last year alone. an employee who performed court reporting f He joined Members of this body on transcript preparation duties; and countless missions overseas, including (2) in which a final judgment has been en- GENERAL LEAVE a trip to Saudi Arabia during the Gulf tered on or before the date of enactment of Mr. FAWELL. Mr. Speaker, I ask war and the 50th anniversary of Nor- this Act. unanimous consent that all Members mandy last year. COMMITTEE AMENDMENT IN THE NATURE OF A may have 5 days in which to revise and SUBSTITUTE Most of us see Keith Jewell at some extend their remarks on H.R. 1225, the point almost every day we are in ses- The SPEAKER pro tempore. The bill just passed. Clerk will report the committee sion. Usually it is as he moves rapidly The SPEAKER pro tempore. Is there amendment in the nature of a sub- from one appointment to the next to objection to the request of the gen- stitute. serve the House, take pictures of Mem- tleman from Illinois? The Clerk read as follows: bers and our constituents. Once in a There was no objection. Committee amendment in the nature of a while, if you have had time to chat substitute: f with Keith, the Members will know Strike out all after the enacting clause and what a thoroughly decent and hard insert: MESSAGE FROM THE PRESIDENT working man he is and how dedicated SECTION 1. SHORT TITLE. A message in writing from the Presi- he has been to the service of this body This Act may be cited as the ‘‘Court Re- dent of the United States was commu- as well as the extraordinary leadership porter Fair Labor Amendments of 1995’’. nicated to the House by Mr. Edwin which he has given to a competent SEC. 2. LIMITATION ON OVERTIME COMPENSA- Thomas, one of his secretaries. group of photographers. TION FOR COURT REPORTERS. Sadly, one of Mr. Jewell’s staff is Section 7(o) of the Fair Labor Standards f Act of 1938 (29 U.S.C. 207(o)) is amended— also retiring today, Joseph Avery, after (1) by redesignating paragraph (6) as para- PERMISSION FOR COMMITTEE ON some 35 years of service. He, too, has graph (7); and GOVERNMENT REFORM AND served this institution with great dis- (2) by inserting after paragraph (5) the fol- OVERSIGHT TO FILE LEGISLA- tinction. lowing new paragraph: TIVE REPORT ON H.R. 1670 AND This is why I have reason to pay trib- ‘‘(6) The hours an employee of a public H.R. 2108 ute, well deserved, to these fine gentle- agency performs court reporting transcript preparation duties shall not be considered as Mr. CLINGER. Mr. Speaker, I ask men. Whether it was on the House hours worked for the purposes of subsection unanimous consent that the Commit- steps or on an overseas mission, Keith (a) if— tee on Government Reform and Over- Jewell has been one of the official re- ‘‘(A) such employee is paid at a per-page sight have until midnight tonight to corders of the history of this institu- rate which is not less than— file the legislative report on H.R. 1670 tion. ‘‘(i) the maximum rate established by and H.R. 2108. I wish him great success in the future State law or local ordinance for the jurisdic- tion of such public agency, The SPEAKER pro tempore. Is there and happiness as he joins his dear wife, ‘‘(ii) the maximum rate otherwise estab- objection to the request of the gen- a wonderful woman, Lorren, in a long lished by a judicial or administrative officer tleman from Pennsylvania? and, I hope, healthy and happy retire- and in effect on July 1, 1995, or There was no objection. ment. H 8124 CONGRESSIONAL RECORD — HOUSE August 1, 1995 TRIBUTE TO KEITH JEWELL ing that his work is not only for us, but b 1700 for posterity. (Mr. STEARNS asked and was given TRIBUTE TO KEITH JEWELL permission to address the House for 1 During his tenure, Keith has seen it (Mr. GONZALEZ asked and was given minute and to revise and extend his re- all. He was the first photographer to permission to address the House for 1 marks.) capture a still image of a joint session minute and to revise and extend his re- Mr. STEARNS. Mr. Speaker, I would of Congress. He’s photographed seven marks.) like to make part of the RECORD my American Presidents and countless dig- Mr. GONZALEZ. I rise also to add my contribution to Keith Jewell and also nitaries. And just last year, he traveled voice to those expressing regret at our to speak in behalf of him, too. to Normandy with a congressional del- photographer, Keith Jewell’s depar- I also rise to speak highly of Keith egation to record the 50th anniversary ture. Jewell, having seen him in operation of D-Day. Mr. Speaker, I was here when he during the State of the Unions and ac- But Keith’s captured the daily activi- started as a novice, and we had the tually seeing him in operation on the ties of the House as well. As the Direc- first really full professional photog- steps of the Capitol so many times tor of the House Office of Photography, rapher the House had; who employed where all of us, when we had he has coordinated more than 19,000 ap- him, Dev O’Neill’ and ever since then I constitutents and we had junior high pointments each year. And all of them have learned to respect him, and it is schools and high schools, and how have been conducted in a professional with a great sense of sadness that I no- many times he has been here when the and friendly manner. tice his departure and wish him well. President and Vice President and Cabi- From children on their first visit to f net officers have come by. the Nation’s Capital to widows here to He is a remarkable man. He is so TRIBUTE TO KEITH JEWELL say goodbye to their loved ones, Keith humble, and he is such a serving indi- (Mr. OBERSTAR asked and was given has captured the dignity of these vidual and has such a serving spirit. I permission to address the House for 1 events with a compassion not easily want to compliment him also and to minute and to revise and extend his re- matched. make my speech part of the RECORD, marks.) which I will put into the RECORD at a Mr. Speaker, we like to think that Mr. OBERSTAR. Mr. Speaker, I rise later time. every action we take here is historic. also to pay tribute to Dev O’Neill, who Mr. Speaker, I would like to take this oppor- That with each vote, we change the I first knew when I was administrative tunity to join with my colleague, Mr. DINGELL, world. Only time will tell if that is the assistant to my predecessor, John in paying tribute to Keith Jewell. case. But one thing is certain—Keith’s Blatnik, and Dev was an apprentice, or Keith has served this body well in his 30 work will serve as the record. Keith was an apprentice, to Dev O’Neill, which our preceding speaker years of service. I have always found him to f be not only an excellent photographer but also just noted. Dev O’Neill was, to say the a fine human being. Keith was never too busy TRIBUTE TO KEITH JEWELL least, a character, but a photographer. to answer a last minute call and always did it Keith Jewell has been a professional with a smile. (Mr. BEVILL asked and was given looking at this body through the eye of You will certainly be missed by all of us. permission to address the House for 1 his lens, and I think we all owe him a You didn't just take pictures you studied minute.) great debt of appreciation and grati- tude for making us all look a little bet- human nature and the photographs you took Mr. Speaker, 1 minute is not enough ter than we really are when that nega- are evidence of not only your ability but also time to pay tribute to Keith Jewell, tive meets the paper and the print fi- reflect how much you enjoyed your profession. one of my long-time friends and an ex- nally comes out for recording our On a more sentimental side, you might re- cellent photographer. As you know, meetings with our family, our friends, member Keith, that you went above and be- Keith is retiring as Director of House constituents, our committee hearings, yond the call of duty by helping out my Execu- Photography after 29 years of dedicated our serious business in this House. He tive Director, Marcia Summers, with her service on Capitol Hill. He came here has recorded it for us and for history. daughter's wedding. shortly before I was first elected to He has been a true professional in the You were selfless, hard working, and I know Congress and we have worked together I speak for all the Members here today when field of photography. ever since. Mr. Speaker, I wish him well in all I say thanks, a job well done. As a young man, Keith knew he that he seeks to undertake in the fu- f wanted to be a photographer. He essen- ture, good health, happiness, and some tially taught himself the tricks of the TRIBUTE TO KEITH JEWELL time of his own to look at the rest of trade and became a true professional. the world through the eyes of that (Mr. MINETA asked and was given He has captured more history through camera and see something other than permission to address the House for 1 his camera lenses than most people the Capitol dome and the heads of minute.) witness in a lifetime. Members of Congress. Mr. MINETA. Mr. Speaker, I rise this Keith has served under six Speakers f afternoon to say thanks to a friend and and was the first House photographer loyal employee of the American people. given permission to photograph the TRIBUTE TO KEITH JEWELL For almost 30 years, Keith Jewell has House during a joint session. That was (Mr. MONTGOMERY asked and was recorded the history of this institution in 1981 under Speaker Tip O’Neill. given permission to address the House for the House Office of Photography. for 1 minute and to revise and extend Keith Jewell is one of the most de- Now he’s retiring. his remarks.) pendable, hard-working people I have Today, we hear a lot of talk about Mr. MONTGOMERY. Mr. Speaker, I ever known. People who work with him what is wrong with this institution. join my colleague from Michigan, Mr. will tell you that he does the job of Those who love this institution are DINGELL, in paying tribute to one of three people and never complains. His often vilified as out of touch. But to the hardest working people on Capitol staff is highly professional. Under Keith Jewell, institutionalist is not a Hill—House Photographer, Keith Keith’s leadership, they keep their dirty word. To him, this place has Jewell. never been about personalities or indi- commitments and consistently do out- He is retiring this year after 29 years vidual agendas. It’s about our Nation standing work. That’s quite an accom- of service. as a whole. plishment considering that Keith has I have known Keith almost that en- Officially, Keith has served under six had 19,000 appointments a year. tire time. He has always been there Speakers, but his boss has always been I want to wish Keith all the best in when I called. In fact he has been there the American people. From joint ses- his well-deserved retirement and future when nearly every Member of this sions to State funerals to constituent endeavors. His fine service to the U.S. Chamber has called—and we call a lot. visits, this self-taught photographer House of Representatives will always His office meets 19,000 appointments a has captured it all with an understand- be remembered. year in and around the U.S. Capitol. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8125 Rarely a day goes by that I don’t but he has often been the only friendly familiar the Nation's current leader, President Bill Clin- meet Keith in the hallways with his face in these hallowed halls. ton. camera—heading to yet another ap- Keith's professional demeanor is unmatched Mr. Speaker, Keith Jewell has also captured pointment. in his swift response to Members' needs and on film the historic visits of world leaders and Keith has served under six Speakers those of the often-hurried staff member. His foreign dignitaries to the Halls of Congress. of the House, and has been here to pho- ability to accomplish the occasional miracleÐ His photographic files includes the visits of tograph so many historic events in this like producing a photo that meets the approval President Anwar Sadat, Prime Minister Chamber. of my entire staffÐhas earned him the respect Menachem Begin, Queen Elizabeth, and He has also traveled around the of Members from both sides of the aisle. President Nelson Mandela, just to name a world with congressional delegations With a steady hand and a sharp eye, Keith few. It is also interesting to note that Keith over the years—including going to has focused on many a debate in the HouseÐ was the first photographer permitted to take a Saudi Arabia during the Persian Gulf through the smooth waters of agreement and still photograph of the House of Representa- war. the stormy seas of dissent. But, through it all, tives during a joint session of Congress. Keith, we salute you on a job well this loyal public servant has stayed the The Office of Photography, on average, is done and wish you well in retirement. courseÐoffering assistance and good humor responsible for 19,000 photographic appoint- f to all along the way. ments per year. As Director, Keith Jewell has However, Mr. Speaker, what has distin- done an excellent job of supervising a staff of TRIBUTE TO KEITH JEWELL guished this gentleman the most in his years five individuals, all of whom have at least 5 (Mr. OBEY asked and was given per- of service is his devotionÐhis devotion to cap- years of service to the Congress. Throughout mission to address the House for 1 turing what is best in the House, while others his career, Keith has exhibited the highest minute and to revise and extend his re- only would see the bad; his devotion to guard- level of professionalism. He is competent, reli- marks.) ing the history of the Capitol not only for its able, and dedicated. I can say without res- Mr. OBEY. Mr. Speaker, I would also members but for all Americans; and finally, his ervation that each of the individuals under like to express appreciation to Keith devotion to a pictorial history has been a con- Keith's supervision possess those same quali- Jewell for the wonderful service that stant source of inspiration to all those who ties. he has provided this House through the may have forgotten the true meaning of public Mr. Speaker, as he departs his post as Di- years. service. rector of Photography, I take this opportunity Many a time constituents have come It has been a pleasure to work with such a to express my deep appreciation to Keith to the Capitol, they have come to the fine gentleman, and his presence in this body Jewell. Over the years, I have known him to Capitol steps. They wanted to have will be greatly missed. Thank you, Keith, for be an exemplary employee of the House. His their picture taken with their Rep- your tireless efforts and your loyal commitment demeanor was always pleasant and he was resentatives, and Keith Jewell has been to serviceÐyour hard work certainly did not go always cooperative in assisting Members in there, Johnnie on the spot, to try to unnoticed. accommodating their constituents. Oftentimes, provide that service both to us and to Mr. MOAKLEY. Mr. Speaker, I wish that I he had to look for special photographs for us. the people we represent. could be with the entire House today as the He always responded willingly, no matter how Mr. Speaker, he has recorded a sig- House pays tribute to one of its own, Keith tedious the task. I am proud to extend my best nificant portion of the history of this Jewell. As we all know, Keith is retiring after wished to Keith Jewell. He will always be re- House. It has been a familiar sight to almost 30 years of service to the institution membered for his outstanding service to the see him weighed down with four or five and the men and women who have comprised U.S. Congress and the Nation. cameras, straps hanging around his the institution as we have known and loved it Mr. FROST. Mr. Speaker. I would like to neck, camera bag at his side, racing over the years. take this opportunity to honor Keith Jewell, Di- around this building and racing around Keith Jewell is the epitome of good staff. rector of the House Office of Photography, on Capitol Hill trying to do a decent job Ready to serve, diligent, friendly and gregar- his announced plans to retire. for us all. ious, Keith consistently made all of us look Keith has contributed almost 30 years of Mr. Speaker, we very much appre- good as he trained the lens of his camera on service as the official visual recorder of events ciate the graciousness with which he us and legions of constituents. His patience, of the House of Representatives. He has has performed that task and the reli- unflappability, and trained eye turned the most served under six Speakers of the House and ability he has always demonstrated, hectic moments into memorable times. I per- has traveled with congressional delegations on and we are going to be very sorry to sonally will miss Keith as a friend and col- several trips, including a trip to Saudi Arabia see him go. league, and I know I speak for this Congress during the Gulf war. Keith has witnessed first Mr. MARTINEZ. Mr. Speaker, I rise today to and the last 15 Congresses in wishing Keith hand some very important events in our Na- praise the director of the House Office of Pho- well in his new challenge. tion's history and has documented these tography, Mr. Keith Jewell. As my colleagues Keith Jewell will always be a welcome face events for the world to see. know, this is Keith's last day as an employee in my office and in my home. As all of us know, Keith has always been of the House. Mr. STOKES. Mr. Speaker, in just a few there when you needed him. He keeps a full Keith first began his employment with the days, Congress will adjourn for the August dis- scheduleÐ19,000 appointments a year I am House in 1966, and was promoted to his cur- trict work period. As we prepare to depart told. But Keith has always managed to find the rent position of Director on July 29, 1982. Washington, I want to join in a special tribute time in his schedule to be there when an im- Throughout this time, Keith has provided ex- to a valued employee who is retiring from this portant, unforeseen occasion needed his spe- ceptional service and dedication to Members institution. Today, Keith Jewell, Director of the cial attention. of the House. Office of Photography, will leave his post after Keith, I am sorry to see you go, although I While I am saddened by his departure, I nearly three decades of service. I rise to join certainly recognize your retirement is well-de- know that Keith is most anxious to spend time my good friend from Michigan, JOHN DINGELL, served. with his two grandchildren. I am especially and others in the Chamber, in saluting Keith The house is losing a fine and loyal public pleased that Keith will be able to spend more on this occasion. servant. I wish you every happiness on your time enjoying one of his true passionsÐsail- As the official House photographer, many retirement. Enjoy. ing. Most importantly, I believe this will give would refer to Keith Jewell as the visual re- Mr. DE LA GARZA. Mr. Speaker, every time him the opportunity to reflect on a very out- corder of historic events. Indeed, few Mem- I stand in this Chamber I think about it's grand standing and rewarding career. bers of Congress and congressional staff can history and how privileged I am to serve in this Keith's dedication to the House will certainly match Keith's impressive career record. He illustrious institution. Today we gather to pay be missed, but I wish him well on his future began his career as a House photographer in tribute to someone who in his own way is an endeavors. 1966, and fondly recalls that the first official institution himselfÐKeith Jewell, Director of Mr. BLILEY. Mr. Speaker, I rise today to photograph he snapped was that of our former the House Office of Photography. speak of a man who is a walking history book colleague, Jack Brooks. Keith Jewell served For a great number of my colleagues it is of the U.S. House of Representatives, Keith this body under a total of six Spealers of the hard to remember a time when Keith was not Jewell. With his ever-present camera around House, beginning with Speaker John McCor- here. Having started in 1966, the year after I his neck for almost three decades, Keith has mack. He has served under just as many came to Congress, he has been a part of our not only served this institution with distinction, Presidents, beginning with Lyndon Johnson to every day lives for almost 30 years. In that H 8126 CONGRESSIONAL RECORD — HOUSE August 1, 1995 time has served as the official documenter of our Nation, and that our emergency and to provide humanitarian assistance so many of our activitiesÐboth grand, mo- personnel in the area, Federal and in Iraq on a nonpartisan basis. A por- mentous historical events, and also the small, State, would be able to deal with any tion of the escrowed funds also funds intimate moments that mean so much person- of the problems that arise in this cri- the activities of the U.N. Compensation ally to each of us. He has done this in an ex- sis, and I ask that the whole body Commission in Geneva, which handles emplary fashion. would remember our district now as we claims from victims of the Iraqi inva- Keith Jewell has been an integral part of the are being faced with this crisis. sion and occupation of Kuwait. Member operation of the House. He has contributed to f States also may make voluntary con- its running more efficiently and has always tributions to the account. The funds been a welcome and engaging presence. I NATIONAL EMERGENCY WITH RE- placed in the escrow account are to be think I speak for a great number of us when SPECT TO IRAQ—MESSAGE FROM returned, with interest, to the Member I say that he has touched all of our lives. THE PRESIDENT OF THE UNITED States that transferred them to the Let me say thank you for a job every well STATES (H. DOC. NO. 104–106) United Nations, as funds are received done. We're going to miss you. The SPEAKER pro tempore (Mr. from future sales of Iraqi oil authorized Mr. GIBBONS. Mr. Speaker, Keith Jewell METCALF) laid before the House the fol- by the U.N. Security Council. No Mem- has lived up to his name. He is really a jewel. lowing message from the President of ber State is required to fund more than I watched his entire career here in the House the United States; which was read and, half of the total transfers or contribu- of Representatives and he has always done together with the accompanying pa- tions to the escrow account. his job to perfection. I have never seen him pers, without objection, referred to the This report discusses only matters without a smile and a willingness to be helpful. Committee on International Relations concerning the national emergency His works will outlast all of us. and ordered to be printed: with respect to Iraq that was declared I regret that he has decided to retire, but I in Executive Order No. 12722 and mat- wish him good luck and thank him for his fine To the Congress of the United States: ters relating to Executive Orders No. professional service. I hereby report to the Congress on 12724 and 12817 (the ‘‘Executive or- Mr. QUILLEN. Mr. Speaker, I want to ex- the development since my last report ders’’). The report covers events from press my deepest appreciation to Mr. Keith of February 8, 1995, concerning the na- February 2, 1995, through August 1, Jewell, the Director of the House Office of tional emergency with respect to Iraq 1995. Photography, for his unprecedented dedication that was declared in Executive Order 1. During the reporting period, there and hard work for this body. I first remember No. 12722 of August 2, 1990. This report were no amendments to the Iraqi Sanc- meeting Keith in the Capitol when he was a is submitted pursuant to section 401(c) tions Regulations. photographer with another legend in the of the National Emergencies Act, 50 2. The Department of the Treasury’s House Office of Photography, Director Dev U.S.C. 1641(c), and section 204(c) of the office of Foreign Assets Control O'Neil. Since that first meeting, Keith and I International Emergency Economic (‘‘FAC’’) continues its involvement in have become friends and his service to me Powers Act, 50 U.S.C. 1703(c). lawsuits seeking to prevent the unau- and the constituents of my district has been Executive Order No. 12722 ordered the thorized transfer of blocked Iraqi as- invaluable. As many of you know, Keith will be immediate blocking of all property and sets. In Consarc Corporation versus retiring today from his post after almost 30 interests in property of the Govern- Iraqi-ministry of Industry and Min- years of service. ment of Iraq (including the Central erals, a briefing schedule has been set Thirty years is a long time, and Keith is Bank of Iraq) then or thereafter for disposition of FAC’s December 16, probably one of the few people who have locateed in the United States or within 1994, appeal of the district court’s order been here as long as I have. We have seen the possession or control of a U.S. per- of October 17, 1994, transferring blocked seven different U.S. Presidents and many ses- son. That order also prohibited the im- property. sions of the U.S. House of Representatives portation into the United States of Investigations of possible violations come and go. From the landing of American goods and services of Iraqi origin as of the Iraqi sanctions continue to be astronauts on the Moon to the fall of the Berlin well as the exportation of goods, serv- pursued and appropriate enforcement Wall, these 30 years have produced much ices, and technology from the United actions taken. There are currently 43 change, but certain special people endure. States to Iraq. The order prohibited enforcement actions pending, including Only once in a great while does an individ- travel-related transactions to or from nine cases referred by FAC to the U.S. ual come along who can really make an out- Iraq and the performance of any con- Customs Service for joint investiga- standing difference. I know that my constitu- tract in support of any industrial, com- tion. Additional FAC civil penalty no- ents would not feel as if they had a full experi- mercial, or governmental project in tices were prepared during the report- ence in Washington without one of the photo- Iraq. United States persons were also ing period for violations of the Inter- graphs produced by the House Office of Pho- prohibited from granting or extending national Emergency Economic Powers tography. I know that all of the special events credit or loans to the Government of Act and Iraqi sanction Regulations and meetings in this body would not be the Iraq. with respect to transactions involving same without the direction of Keith. The foregoing prohibitions (as well as Iraq. Three penalties totaling $8,905 They thank you, and I thank you, and we all the blocking of Government of Iraq were collected from two banks for regret to see you leave. property) were continued and aug- funds transfers in violation of the pro- f mented on August 9, 1990, by Executive hibitions against transactions involv- Order No. 12724, which was issued in ing Iraq. HURRICANE SUPPLICATION order to align and sanctions imposed 3. Investigation also continues into (Mr. WELDON of Florida asked and by the United States with United Na- the roles played by various individuals was given permission to address the tions Security Council Resolution 661 and firms outside Iraq in the Iraqi gov- House for 1 minute and to revise and of August 6, 1990. ernment procurement network. These extend his remarks.) Executive Order No. 12817 was issued investigations may lead to additions to Mr. WELDON of Florida. Mr. Speak- on October 21, 1992, to implement in FAC’s listing of individuals and organi- er, I come before the House tonight the United States measures adopted in zations determined to be Specially Des- with a tremendous amount of concern United Nations Security Council Reso- ignated Nationals (‘‘SDNs’’) of the Gov- in that, as we are here tonight, a hurri- lution 778 of October 2, 1992. Resolution ernment of Iraq. cane is bearing down on central Flor- 778 requires U.N. Member States to 4. Pursuant to Executive Order No. ida. In particular, Mr. Speaker, the eye transfer to a U.N. escrow account any 12817 implementing United Nations Se- of the hurricane is heading towards funds (up to $200 million apiece) rep- curity Council Resolution 778, on Octo- Vero Beach City in my district, and I resenting Iraqi-oil sale proceeds paid ber 26, 1992, FAC directed the Federal would just ask that all Members would by purchasers after the imposition of Reserve Bank of New York to establish lift up the people of the State of Flor- U.N. sanctions on Iraq, to finance a blocked account for receipt of certain ida, as well as the people of my dis- Iraq’s obligations for U.N. activities post-August 6, 1990, Iraqi-oil sales pro- trict, in prayer, that there would be no with respect to Iraq, such as expenses ceeds, and to hold, invest, and transfer loss of life in this hurricane as it hits to verify Iraqi weapons destruction, these funds as required by the order. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8127 On March 21, 1995, following payments (particularly in the Office of Foreign States. In April 1995, the U.N. Security by the Governments of Canada Assets Control, the U.S. Customs Serv- Council adopted resolution 986 author- ($1,780,749.14), the European Commu- ice, the Office of the Under Secretary izing Iraq to export limited quantities nity ($399,695.21), Kuwait ($2,500,000.00), for Enforcement, and the Office of the of oil (up to $1 billion per quarter) Norway ($261,758.10), and Switzerland General Counsel), the Department of under U.N. supervision in order to fi- ($40,000.00), respectively, to the special State (particularly the Bureau of Eco- nance the purchase of food, medicine, United Nations-controlled account, en- nomic and Business Affairs, the Bureau and other humanitarian supplies. The titled ‘‘United Nations Security Coun- of Near Eastern Affairs, the Bureau of resolution includes arrangements to cil Resolution 778 Escrow Account,’’ International Organization Affairs, the ensure equitable distribution of such the Federal Reserve Bank of New York Bureau of Political-Military Affairs, assistance to all the people of Iraq. The was directed to transfer a correspond- the U.S. Mission to the United Nations, resolution also provides for the pay- ing amount of $4,982,202.45 from the and the Office of the Legal Adviser) ment of compensation to victims of blocked account it holds to the United and the Department of Transportation Iraqi aggression and for the funding of Nations-controlled account. Similarly, (particularly the U.S. Coast Guard). other U.N. activities with respect to on April 5, 1995, following the payment 7. The United States imposed eco- Iraq. Resolution 986 was carefully of $5,846,238.99 by the European Com- nomic sanctions on Iraq in response to crafted to address the issues raised by munity, the Federal Reserve Bank of Iraq’s illegal invasion and occupation Iraq to justify its refusal to implement New York was directed to transfer a of Kuwait, a clear act of brutal aggres- similar humanitarian resolutions corresponding amount of $5,846,238.99 to sion. The United States, together with adopted in 1991 (Resolutions 706 and the United Nations-controlled account. the international community, is main- 712), such as oil export routes and ques- Again, on May 23, 1995, following the taining economic sanctions against tions of national sovereignty. Never- payment of $3,337,941.75 by the Euro- Iraq because the Iraqi regime has failed theless, Iraq refused to implement this pean Community, $571,428.000 by the to comply fully with United Nations humanitarian measure. This only rein- Government of the Netherlands and Security Council resolutions. Security forces our view that Saddam Hussein is $1,200,519.05 by the Government of the Council resolutions on Iraq call for the unconcerned about the hardships suf- United Kingdom, the Federal Reserve elimination of Iraqi weapons of mass fered by the Iraqi people. Bank of New York was directed to destruction, Iraqi recognition of Ku- The policies and actions of the Sad- transfer a corresponding amount of wait and the inviolability of the Iraq- dam Hussein regime continue to pose $5,109,888.80 to the United Nations-con- Kuwait boundary, the release of Ku- an unusual and extraordinary threat to trolled account. Finally, on June 19, waiti and other third-country nation- the national security and foreign pol- 1995, following the payment of als, compensation for victims of Iraqi icy of the United States as well as to $915,584.96 by the European Community aggression, long-term monitoring of regional peace and security. The U.N. and $736,923.12 by the Government of weapons of mass destruction capabili- resolutions require that the Security the United Kingdom, the Federal Re- ties, the return of Kuwaiti assets sto- Council be assured of Iraq’s peaceful serve Bank of New York was directed len during Iraq’s illegal occupation of intentions in judging its compliance to transfer a corresponding amount of Kuwait, renunciation of terrorism, an with sanctions. Because of Iraq’s fail- $1,652,508.08 to the United Nations-con- end to internal Iraqi repression of its ure to comply fully with these resolu- trolled account. Cumulative transfers own civilian population, and the facili- tions, the United States will continue from the blocked Federal Reserve Bank tation of access of international relief to apply economic sanctions to deter it of New York account since issuance of organizations to all those in need in all from threatening peace and stability in Executive Order No. 12817 have parts of Iraq. More than 5 years after the region. the invasion, a pattern of defiance per- amounted to $175,133,026.20 of the up to WILLIAM J. CLINTON. sists: a refusal to account for missing $200 million that the United States is THE WHITE HOUSE, August 1, 1995. obligated to match from blocked Iraqi Kuwaiti detainees; failure to return oil payments, pursuant to United Na- Kuwaiti property worth millions of dol- f tions Security Council Resolution 778. lars, including military equipment that SPECIAL ORDERS 5. The Office of Foreign Assets Con- was used by Iraq in its movement of trol has issued a total of 590 specific li- troops to the Kuwaiti border in Octo- The SPEAKER pro tempore. Under censes regarding transactions pertain- ber 1994; sponsorship of assassinations the Speaker’s announced policy of May ing to Iraq or Iraqi assets since August in Lebanon and in northern Iraq; in- 12, 1995, and under a previous order of 1990. Licenses have been issued for complete declarations to weapons in- the House, the following Members will transactions such as the filing of legal spectors; and ongoing widespread be recognized for 5 minutes each. actions against Iraqi governmental en- human rights violations. As a result, f tities, legal representation of Iraq, and the U.N. sanctions remain in place; the the exportation to Iraq of donated med- United States will continue to enforce TOBACCO AND AMERICA’S YOUTH icine, medical supplies, food intended those sanctions under domestic author- [Additional statements to Mr. WAX- for humanitarian relief purposes, the ity. MAN’s testimony in the RECORD of Mon- execution of powers of attorney relat- The Baghdad government continues day, July 31, 1995.] ing to the administration of personal to violate basic human rights of its DECEMBER 31, 1970. assets and decedents’ estates in Iraq, own citizens through systematic re- Dr. P.A. EICHORN. the protection of preexistent intellec- pression of minorities and denial of hu- W.L. DUNN, Jr. tual property rights in Iraq and travel manitarian assistance. The Govern- Quarterly Report of Projects 1600 and 2302— October 1–December 31, 1970. to Iraq for the purposes of visiting ment of Iraq has repeatedly said it will Americans detained there. Since my not be bound by United Nations Secu- WORK COMPLETED last report, 57 specific licenses have rity Council Resolution 688. For more Filter configuration preference been issued. than 4 years, Baghdad has maintained Some 500 smokers were interviewed in the 6. The expenses incurred by the Fed- a blockade of food, medicine, and other streets and places of business of Richmond, eral Government in the 6 month period humanitarian supplies against north- Virginia. They were asked to rank order as from February 2, 1995, through August ern Iraq. The Iraqi military routinely to preference five filter ends all of which dif- fered in appearance. One of the five was 1, 1995, which are directly attributable harasses residents of the north and has clearly the consistently preferred design. to the exercise of powers and authori- attempted to ‘‘Arabize’’ the Kurdish, ties conferred by the declaration of a Turcomen, and Assyrian areas in the Methods study national emergency with respect to north. Iraq has not relented in its artil- Report written. Findings: (1) The position Iraq are reported to be about $4.9 mil- lery attacks against civilian popu- effect is of such great magnitude as to pos- sibly mask any real discerned differences be- lion, most of which represents wage lation centers in the south or in its tween two cigarettes. (2) Differences in pref- and salary costs for Federal personnel. burning and draining operations in the erence values between POL and SEF panel- Personnel costs were largely centered southern marshes, which have forced ists were articulated. (3) A possible defi- in the Department of the Treasury thousands to flee to neighboring ciency in the Marlboro smoke was isolated. H 8128 CONGRESSIONAL RECORD — HOUSE August 1, 1995 SERVICE VOLUME mid-point of the ratio range. Obviously we sively pursued during the forthcoming year. must segment our smoking population for We intend to: Number of Number of establishing optimum ratio levels. 1. Further investigate relation between tests judgments Cigarettes with the following parameters personality test scores and predicted puff Descriptive panel ...... 32 385 will be smoked to determine optimal nico- rates among college students, e.g. anxiety Other panels ...... 150 8,614 tine/tar regulations for cigarette accept- and puff rate; Field tests completed ...... 8 3,350 ability of relatively low delivery cigarettes. 2. Expand shock-anxiety program to in- Field tests in progress ...... 13 7,850 [Chart omitted.] clude other noxious stimuli, e.g. loud noises. Also, using the low nicotine tobacco (.3 mg 3. Expand dependent variables measured to WORK IN PROGRESS nicotine) and air dilution or filtration tech- include puff volume. Determinants of Menthol Cigarette Preference niques, the following low nicotine cigarettes 9. As a follow-up upon the demonstration Data in process. will be evaluated in terms of their accept- of the preference justification effect as a Smoking and Heart Rate ability, first in local then, where indicated, contaminating variable in our current field Report being typed. national testing: test procedures, we plan to actively explore 1. 18, 12, 5 mg tar vs. Marlboro other field tests formats which would mini- Anxiety and Cigarette Smoking 2. 18, 12, 5 mg tar vs. Kent mize the preference justification effect. Two Data collection completed. Analysis in 3. 18, 12, 5 mg tar vs. Cigarette gold such candidates have already been developed process. 2. We plan to investigate the relationship and will be tested within the next quarter. Bird–I between socio-economic status and smoking 10. If the trend of the past 15 years contin- Computer problems have plagued the com- behavior in terms of whether or not the pan- ues, it will be necessary to progressively re- pletion of this study. There yet remain sev- elist smokes, type and brand smoked, quan- duce the tar delivery of our marketed brands eral computer runs before the final report tity smoked, and changes over time in brand in the future. Anticipating this need, we plan can be assembled. and quantity smoked. to address ourselves to the problem of deter- We will: investigate relations between Sta- mining the optimum way, among the mul- Project Carib tus Inconsistency and Personality Charac- tiple possible ways, of reducing the tar deliv- Seventeen of 21 invitees have agreed to teristics; and look for SES relations in dif- ery of a cigarette. participate, one has declined and three have ferences between smokers and nonsmokers Charge number: 1600. yet to reply. which have been attributed to smoking. Program title: Consumer Psychology. Nicotine/tar Ratio Study 3. Continuing an ongoing program in eco- Period covered: December 16–January 15, We are initiating a study of the effect of nomic analyses, we plan to: 1972. systematic variation of the nicotine/tar ra- a. Keep management apprised of the trends Project title: Psychology of Smoking. tios upon smoking rate and acceptability of tar and nicotine deliveries of cigarettes on Project leader: W.L. Dunn, Jr. measures. Using the Marlboro as a base ciga- the market by continuing to provide a regu- The Conference on Motivation in Cigarette rette, we will reduce the tar delivery incre- late quarterly report and analysis of weight- Smoking was held January 12–16 St. Martin. mentally by filtration and increase the nico- ed average tar and nicotine deliveries. Work has now begun on publishing the pro- tine delivery incrementally by adding a nico- b. Provide economic forecast and informa- ceedings of the conference. tine salt. All cigarettes will be smoked for tion as guidance to the corporation by con- tinuing the annual contribution to the Phil- Project title: Perceived Cigarette Attributes. several days by each of a panel of 150 se- Project leader: T.R. Schori. lected volunteers. ip Morris U.S.A. Five-Year Plan. c. Provide economic information, prin- This is a national mailout study designed Smoking and Low Delivery Cigarettes cipally for R&D and New York Marketing to determine the major cigarette character- A study similar to the foregoing, but using and Financial management, on selected eco- istics as perceived by the smoker. Ballots a national mailout panel and a wider range nomic aspects of cigarettes and their sales, will go out shortly. (5–20 mg) of tar delivery. through the study of such topics as: Project title: A Comparison of the Effects of Nicotine Discrimination Study 1. the elasticity of demand for cigarettes Caffeine and Cigarette Smoking. Marboro type cigarettes with increments 2. the impact of a value-added tax Project leader: T.R. Schori. of nicotine salt added were smoked on a 3. switching patterns This study was designed to compare the handout basis by R&D volunteers. Tentative 4. brand image relative effects of caffeine and cigarette results suggest that differences in nicotine 4. We plan to complete our study of dif- smoking on several indices of arousal in levels can be discriminated and then do in- ference thresholds for RTO and menthol. In smokers. Smokers were tested under each of fluence acceptability judgments. Report in these studies we are looking for the just-no- three conditions: smoking, caffine, and pla- progress. ticeable differences which smokers can de- cebo. Automated data acquisition was em- PHILIP MORRIS, tect in these parameters. ployed. Data analysis will commence short- Richmond, VA, September 8, 1971. 5. We plan to study the relationship be- ly. tween Sustained Performance and Smoking: INTER-OFFICE CORRESPONDENCE Project title: Smoking and Low Delivery 1. On-the-job situation—Actual or simu- Cigarettes. To: Dr. P. A. Eichorn. lated job situations will be used to study the Project leader: T.R. Schori. From: W. Dunn M. Johnston, F. Ryan, and T. effect of smoking on worker productivity. Our specially grown low nicotine-high tar Schori. b. Driver Fatigue—The effect of smoking tobacco has arrived. Subject: Plans for 1972. on driving performance will be evaluated in Low delivery cigarettes with varying tar 1. We will concentrate upon the nicotine/ an actual 8–10 hour driving task. and nicotine deliveries are being made with tar ratio as a factor in determining ciga- 6. We plan to systematically observe puff- both the low nicotine tobacco and with ordi- rettes acceptability. We have established ing patterns across different cigarettes using nary tobacco. These cigarettes will be used that tar nicotine levels ranged upwards from portable recorders being developed by Engi- in national mailouts to determine what com- current production the current production neering in order to: binations of tar and nicotine make for opti- level of nicotine is preferred. However the a. Find standard puff profiles of a re- mal acceptability in a low delivery cigarette. nicotine/tar ratio was not an independent stricted group of smokers while working at Project title: Smoking and Low Delivery variable since the base tar delivery of 16 mg their desks, smoking preferred cigarettes. increased absolutely with the increase of b. Find how standard puff profiles of this Cigarettes. nicotine. Subsequently we established that group are changed when cigarette character- Project leader: T.R. Schori. Several attempts have been made to among combinations of three levels of nico- istics are changed (e.g. switch Multifilter produce cigarettes for a national mailout. tine (1.2, 1.9, 2.2) and three levels of tar (10, smokers to Marlboros, Marlboro smokers to Some difficulties have been encountered in 16, 19) the low nicotine/high tar combination Multifilters). achieving desired tar and nicotine levels. was preferred. Note that the lowest nicotine 7. We plan to hold the conference on Moti- level tested was the current production level vational Mechanisms in Cigarette Smoking Project title: TPM Difference Limens. for flavorful filters. In a third study which in January, 1972, and publish the proceedings Project leader: T.R. Schori. gave smokers the option of very low nicotine as expeditiously as possible. Two papers from In this study we are attempting to deter- (0.3 mg) and production level nicotine (1.2 Philip Morris R&D will be included. mine what constitutes a just noticeable dif- mg) with a constant high tar delivery (24 8. Major strides have been made in maxi- ference in cigarette TPM. Cigarettes at five mg), the preference was a function of smoker mizing computer usage in conducting our na- different delivery levels will be sent to pan- variables, notably sex and brand smoked. tional field test program in terms of roster elists in the field. Previously, rather unsuc- Our plans now are to concentrate upon maintenance, panel selection, data process- cessfully, we had taken a laboratory ap- that nicotine delivery range between 0.3 and ing and reporting. During the forthcoming proach to this same problem. 1.2 mg with a systematic manipulation of the year we shall concentrate on rebuilding the Project title: Personality Revisited. nicotine/tar ratio at incremental nicotine roster by eliminating inactives and recruit- Project leader: T.R. Schori. levels within this range. The nicotine/tar ing new members. The program whose objec- Our Tar, Nicotine, and Smoking Behavior ratio of .07, which is characteristic of a broad tive is to determine the relationship between Study disclosed some interesting relation- range of natural leaf, shall be taken as the emotional state and smoking will be aggres- ships between various indices of smoking and August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8129 personality. We therefore tested students at rently looking into this possibility. As we is yet to be accomplished; namely, the eval- two colleges to see whether our findings had found in previous studies, smokers had uation of that matrix of nine cigarettes rep- might be more general. Those data are com- fewer significant mood changes (as measured resenting all combinations of three nicotine mencing to come in. by the Nowlis Mood Scale—a paper and pen- levels (.3, .8 and 1.2 mg) and three tar levels, OCTOBER 5, 1972. cil device to measure transient mood states) (8, 12 and 16 mg). This study will be done in Dr. P.A. EICHORN. than did nonsmokers or deprived smokers. 1973. W.L. DUNN, Jr. This suggests that smokers are more emo- Nicotine and menthol level variations in men- Quarterly Report—Projects 1600 and 2302. tionally stable in this sort of test situation thol cigarettes SEX–III than are nonsmokers or deprived smokers. What is the optimum combination of nico- Twelve hundred of the original 2400 filter Multiple Discriminant Analysis: A Repeated Measures Design, Virginia Journal of tine and menthol levels? In a manner similar smokers who participated in the SEX–I to that used in the nicotine/tar ratio series, study in 1968 are, at the time of this writing, Science, 23, 62–63, Summer, 1972. Schori, T.R., and Tindall, J.E. we will obtain smoker preference response to saying butts for R&D analysis. We will be at- a matrix of cigarettes varying in menthol tempting to relate change in smoke intake Menthol Cigarette Studies and nicotine levels, using black menthol to other variables, notably change in avail- Two menthol cigarette studies are under- smokers as principal panelists. able TPM, in the cigarette smoked. way. The first is designed to delineate the Optimum mode of tar reduction Publication of smoking behavior: Motives and images possessed by various of the menthol Incentives cigarettes currently on the market. This is a Given that the market demands a 14 mg Because of editing difficulties with one au- questionnaire type study using national ros- cigarette, and given a variety of ways to re- thor, the volume is now likely to be delayed ter panelists. duce delivery to this level, which way pro- until January, 1973. The second type is a smoking test. It is de- vides the most acceptable cigarette? This signed to identify nicotine and menthol pa- study has been in the making for a year. The Participation in Food Motors Keep-Well Cam- rameters which make for optimal accept- problem is to obtain cigarettes at target de- paign ability of menthol cigarettes. This study has livery representing each of the reduction The Medical Department of Ford Motor Co. a three-stage design. The first stage is de- modes. Once the cigarettes can be provided, will be launching an exploratory study of a signed to identify those nicotine delivery we will execute the study . Prophylactic Program to Reduce Cardio- levels which we might reasonably wish to The influence of RTD on acceptability vascular Illness among Employees. We will consider for menthol cigarettes. Having collaborate in the design and data collection. identified these nicotine delivery levels, in In recent studies of the nicotine/tar ratio The study is in the early planning stage. stage 2 we will determine combinations of we have observed an effect on preference at- Miller Brewing nicotine and menthol which make for opti- tributable to differences in RTD, RTD being a variable which we were unable to ade- We are providing ongoing consultation and mal acceptability. And then in stage 3, ciga- quately control. We plan to conduct a pref- testing services to this subsidiary in the rettes with these combinations will be tested erence study with cigarettes representing evaluation of its beer products. against current brands of known quality and sales potential. systematic manipulation of RTD. The study The Schachter Studies is contingent upon obtaining the required Bay Area Study We are collaborating closely with this in- cigarettes, there being technical problems vestigator and providing technical support Marketing, for the past few months, has involved in attempting to vary RTD inde- to the research activities in the Psychology been trying to improve the image of pendently of other factors. Dept. of Columbia University. A significant Multifilter in the San Francisco Bay Area and San Jose. In this study, we are trying to Puffing patterns as a function of cigarette char- theoretical contribution to the understand- acteristics ing of cigarette smoking is believed immi- determine whether this attempt to improve nent from this effort. Multifilter’s image has been successful. We To what extent do cigarette parameters are doing this by means of a mailout to (tar, nicotine, RTD, rod length, etc.) influ- Puffing Behavior smokers in these areas. ence puffing patterns? This is a problem that We have begun gathering puffing data Tar and Nicotine Studies has long interested development. Several among student college smoking various years have been devoted to the development brands of cigarettes and little cigars. Intake We have done a number of nicotine to tar ratio studies. Development is continuing to of a device for recording puffing patterns. variables (puff frequency, interpuffing inter- The device is now available (though falling vals, puff volume, etc.) should prove related try to make cigarette models with various levels of tar and nicotine using our low nico- considerably short of the original specifica- to product preferences, FTC tar and nicotine tions) and observations of puffing patterns delivery, etc. The human smoking recorder tine tobacco. When we get successful models, we will go out to a national panel in an at- are now in progress. We expect to report is used to monitor the puffing while subjects some findings in 1973. watch slides. tempt to determine combinations of tar and nicotine which make for optimal accept- SEX–III Personality and Puffing ability. This study has been executed. The report is We continue to observe differences in puff- In addition, a local panel of smokers will ing behavior related to personality variables. scheduled for early 1973. It is a replication of test these cigarettes for nine weeks in order SEX–I (1968) using 1200 of the original 2500 The effect seems clearer among male sub- to determine the effect of tar and nicotine on jects that among females. subjects of SEX–I. We will relate changes in cigarette consumption when both tar and mean daily intake to a number of variables, Shock and Smoking nicotine deviate downward from that to with particular interest in the influence of Data collection will resume in October at a which the smokers are accustomed. This is a changes in available tar upon intake. follow-up of TNT–1. new location (POL). We need to develop a Objective II: To further our understanding PHILIP MORRIS, different stressor as fear of shock is scaring of the motives and incentives in cigarette Richmond, VA, November 14, 1972. away some of our more valuable subjects. smoking INTER-OFFICE CORRESPONDENCE Sustained performance and smoking That there are many rewards in cigarette In this two-part study, we are evaluating To: Dr. P.A. Eichorn. smoking is a basic premise in our research psychomotor performance of smokers, de- From: W.L. Dunn. aimed at explaining cigarette smoking. But prived smokers, and nonsmokers over time (3 Subject: 1600 objectives for 1973. some rewards we believe to be more crucial hours). Part 1, concerned with complex task Objective I: To provide leads for new ciga- than others. Our program is aimed at identi- performance, has been completed. The sub- rette design and development. fying the crucial or primary reward(s), i.e. A number of studies are planned or in ject’s task consisted of five subtasks which the reward(s) which, if eliminated, would progress which fall under this objective. had to be performed simultaneously. These lead to the discontinuation of smoking. Each study is concerned with some discrete subtasks were: a meter monitoring subtask A second basic premise is that some people aspect of the cigarette or smoke product idea (6 meters), a light monitoring subtask (4 find smoking more rewarding than others be- that demands data for its evaluation. A brief lights), a visual choice reaction time cause of certain yet to be isolated physio- description of each follows: subtasks, an auditory choice reaction time logical or psychological characteristics. A subtask, and a mental arithmetic subtask. Nicotine/tar ratio third premise is that these characteristics In terms of all five subtasks, the subjects The nicotine/tar ratio of all cigarettes of are of such a nature as to make smoking re- showed significant improvements in per- natural leaf is .07 ± .01. We have no accept- warding under not all situations but only formance over time. No significant dif- ability data for nicotine/tar ratios outside those which induce deviation in the individ- ferences in performance were found between this range. Since the trend in tar delivery is ual’s psychological state. Thus, smoking is the three smoking conditions except in the downward, and since nicotine is presumed to rewarding for certain people under certain auditory subtask where smokers displayed be that which is sought by the smoke does a circumstances. Our tasks, then, is to identify the best performance. This latter finding cigarette with a high nicotine/tar ratio have the significant characteristic of the smoker suggests the possibility that smoking en- market potential. Three studies of this ques- and the significant elements of the situation hances auditory sensitivity and we are cur- tion were executed in 1972. The critical study and to state how the critical variables of the H 8130 CONGRESSIONAL RECORD — HOUSE August 1, 1995 person and the situation interact to rein- his personality test scores and (b) increase slower (one quarter the speed) version of the force the smoking act. The following are dis- the likelihood of him becoming a smoker. first and was designed to bore the subjects. crete projects which share this common ob- Effects of product differences on smoking behav- We will look for differential effects of smok- jective. ior ing condition (nonsmoker, smoker deprived, Telemetered heart rate This project is an offshoot of the theoreti- and smoker) and task difficulty on perform- A psychological characteristic which is of cal research into states and traits which un- ance and on two different mood scales. interest to us is ‘‘arousal level’’ referring to cover differences in smoking behavior associ- Driving efficiency and smoking a hypothetical state of activity in the ated with differences in people. It examines This effort is in its germanal stage. We are central nervous system. Heart rate is taken differences in smoking behavior associated thinking about the feasibility of a heavy to be an index of arousal level. We will sam- with differences in smoking material. commitment of time and money to an exten- ple heart rate via telemetered radio signal Procedures: Smoking behavior is mon- sive monitoring of the automobile driver over the course of a working day under itored while smokers engage in a simple psy- aimed at determining whether smoking does smoking and abstention conditions. Instru- chological task repeated over a series of affect performance. Our plans to date go only mentation limitations and the difficulty of days, during which they smoke two samples so far as to include a literature search and a obtaining subjects that are willing to ab- of each of eight products: two little cigars possible proposed writeup. stain on demand over several weeks time (Winchester, and Antonio and Cleopatra) and Objective III: To Provide Economic Analy- compel us to focus on a few subjects and ex- 6 85mm cigarettes (Marlboro, Winston, ses and Forecasts to R&D and New York tensive observations per subject. Multifilter, Kool, True, and Carlton). An ad- Management, as follows: We are hypothesizing from a theoretical ditional two samples of four products are Keep management appraised of the trends model that variability in heart rate will be also smoked during a slightly more difficult in tar and nicotine deliveries of cigarettes on lower under smoking than under abstention task on the same days. Number of puffs per the American market by continuing to pro- conditions. cigarette and interval between puffs are vide periodic reports and analyses of weight- Personality and puffing behavior monitored both by an observer and by the ed average tar and nicotine deliveries. In this research we observe the differences desk model of the smoking recorder, which Provide economic forecast and analysis of in puffing behavior under relatively also records puff volume and maximum flow the effect of demographic and social trends nonstressed situations (subjects evaluate the rate. as guidance to the corporation through the difficulty of choosing between two stimuli Expectation: The puff variables will be af- annual contribution to the P.M. USA Five- and later actually make the choices) of peo- fected by (1) Tar and nicotine deliveries of Year Plan, and in answer to specific ques- ple with different personality characteris- the products and (2) General taste accept- tions posed by R&O and New York Marketing tics. We then attempt to predict their puff- ability of the products as measured on a rat- and Financial Management regarding foreign ing behavior from knowledge of their person- ing scale. and domestic economic, social and ality types. Estimated Completion: Depending on the demograhic trends. Evidence to date suggests that students availability of subjects during December and Provide, through the medium of the data with a high type V score, determined by a early January, when the University has a bank developed in successive pollings of the composite 11 of the 20 factors measured by long vacation for the first time, data collec- POL National Roster, information to R&O the 16 PF, take many more puffs on ciga- tion should end in March and a report should and to New York Marketing Management on rettes than do students with a low type V be published in April, 1973. the demographic and socio-economic charac- score. Students with intermediate scores Comment: In the expectation that further teristics of users of products of interest to take an intermediate number of puffs. projects of this character will be called for, Philip Morris; brand and flavor preferences Plans for the year: (1) Extend our observa- we have devised a new task to occupy the and extent of usage as related to demo- tions to other puff variables by using the smoker’s attention. The task, which involves graphic and socio-economic characteristics; smoking recorder. (These observations can the comparison of artificially designed words and changes over time in brand and flavor be embedded in other data-gathering tasks, called paralods with other words seen before, preferences and extent of use of cohorts of such as those of the project examining ef- should be repeatable on many more occa- our panelists. fects of product differences on smoking be- sions than is our present task. This should Objective IV: To Maintain and Where Nec- havior.) (2) Improve our prediction accuracy make it easier for us to make repeated obser- essary Upgrade our Capability for Providing by increasing the number and type of person- vations on the same smokers and partly alle- Consumer Product Testing Services ality test items in our tests. (We’ll give both viate one of our major hangups, finding a Toward this end we plan to do the follow- the A and B forms of the 16 PF, add items constant supply of new smokers for our re- ing: from the Maudsley scale, and administer a search activities. Establish a local panel of black menthol smokers Film-induced stress portion of an intelligence test.) (3) Seek out Via advertisement in the local newspaper, specific personality combinations which af- Heart rate, respiration rate, galvanic skin Afro-American, we are recruiting a mail-out, fect the new dependent variables. (d) Extend response and muscle potential will be re- phone-back panel of black menthol smokers. our interest to the prediction of FTC tar corded for all subjects as they watch a neu- Establish a national roster of black smokers taken into the mouth by our local and na- tral film. All subjects (nonsmokers, deprived tional panelists by relating their daily in- smokers and smokers) will be deprived dur- We will select appropriate city areas from take and average intake per cigarette to ing the neutral film and for at least an hour city directories and draw names for mail in- their personality. preceding the film. Then two stress films vitations to join the POL panel. We will tar- get for an urban sample of a thousand smok- Anxiety and puffing behavior will be shown. During this time only the smoking group will be permitted to smoke ers; which should include 300 menthol smok- In this project we will repeat an investiga- ers. tion conducted earlier which suggests that and the physiological measures will again be Annual (semi-annual?) dinner for R&O booth subjects threatened by shock will show dif- recorded. Mood scales will also be given at panelists with high attendance records ferential heart rate increases associated with several points during the experiment. We the threat on days when they are allowed to will be looking for possible differences be- We plan to institute this program to en- smoke than on days when they are not al- tween groups in terms of physiological and/ courage more regular participation. An an- lowed to smoke. Our observations require or mood changes. This will be an attempt to nual dinner for the Descriptive Panel has confirmation before we are ready to publish determine if smoking can affect the ability proven most effective. the results. to handle stress. A bastard descriptive panel/booth test procedure Personality and social class Spare mental capacity We are in the process of evaluating an al- Our measure of social class is that of the In this experiment nonsmokers, smokers ternative procedure for in-house product U.S. Census, which has rated various occupa- deprived, and smokers will first be required testing suggested by the Stanford Research tions along a 99 point scale. We will select a to perform a tracking task. On the basis of Institute. It combines certain of the Descrip- set of sample panelists from different levels their performance on the tracking task, they tive Panel principles with those of booth of the socioeconomic spectrum and compare will be given varying amounts of other tasks testing. to perform. The better a subject performs, their cigarette consumption with their social PHILIP MORRIS U.S.A.—RESEARCH AND the more he will be given to do. The object class and personality type. In addition to the DEVELOPMENT is to push every subject to his limit and de- general level of class, a factor we postulate FIVE YEAR PLAN—1974–78 as important in determining consumption is termine whether there are any differences May, 1973 the relative consistency of a man’s edu- between groups in amount of spare mental cational background, salary, and his occupa- capacity. Overall objective tion. We reason that where these factors are Sustained performance To support the growth goals of PM–USA, not appropriately consistent—so that the We will analyze the data collected in two R&D management will strive to maintain man may be under or overtrained for his oc- different types of sustained performance the rate of balanced technical progress con- cupation, or may be under or overpaid for his tasks. The first task was extremely difficult sistent with our industry leadership posi- occupation we might expect him to be oper- and required the subject to use a great deal tion. Substantial effort will be channeled ating under such stresses as would (a) affect of his mental capacity. The second was a into major product and process programs in August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8131 selected areas of greatest opportunity, while A. Smoker motives and behavior D. Improvement or established brands building the level of technical support and This program comprises a number of stud- To the extent that opportunities or needs biological investigation needed to protect es- ies expected to provide insight leading to for technical improvement of established PM tablished domestic and international prod- new cigaret designs. These include studies of market brands may occasionally become evi- uct positions. optimum nicotine/tar ratios, nicotine/men- dent, whether through new technology devel- I. New product and product improvement pro- thol relationships, puffing patterns as a oped by R&D or by suppliers, through con- grams function of cigaret characteristics, influence tinuing R&D liaison with Marketing or Man- ufacturing, or through competitor actions, R&D management strategy in the area of of RTD on acceptability, personality and anxiety factors affecting puffing behavior, R&D will provide the technical support as new products and product improvement will needed to accomplish the improvements. be to seek to anticipate the changes in ciga- and effects of product differences on smoking E. Technical service to other departments ret design, construction or composition behavior. which will constitute readily-perceivable ad- B. Bioassay methods Services to other PM departments will be mainly confined to complying with special vances over present market brands, and to In order to remain abreast of, and when project requests and continuing to provide develop the technology needed to accomplish possible anticipate, trends and findings in established routine services such as the CI those changes. smoking and health, R&D will continue to report, analytical support for HTI tests, etc. A. Filters and filtration develop and apply rapid bioassay methods to An important exception, however, will be The major filter effort is being directed to- evaluate the effects of cigaret smoke and its service to the International Division, for ward understanding fundamental filtration constituents upon biological systems. whom R&D aggressively will seek to make mechanisms and providing a solid foundation C. Physiological effects of Smoking available its technology and resources to of filter technology upon which to base fu- An increased level of effort is anticipated, support the continued rapid growth of that ture products. The program includes selec- both domestically and abroad, on the physio- Division. tive filtration of various smoke components, logical effects of our smoking products. R&D II. NEW PRODUCTS sorbtion and flow studies, controlled release management recognizes the importance to A. General Strategy of flavors, and analysis of the functioning of the Corporation of a rapid, informed re- R&D management believes that, because of diverse filter material candidates. sponse to challenges in the health field, and the broadcast, advertising ban and other Filter process development activities in- will seek to establish a level of preparedness changes in the structure of the cigaret mar- clude plug combining through extrusion, commensurate with an industry leadership ket, new brands based on relatively modest space-fill techniques, and the single flush- position. product differences can no longer be intro- fluted filter. OCTOBER 29, 1973. duced successfully. The few successful new New filter products under current develop- Those listed. brands in the foreseeable future mainly will ment include foamed plastic filters, impac- T.S. Osdene. be those which embody major, readily-per- tion filters, fused CA, spiral filter, and po- 5-Year plan. ceivable advances over existing market rous polymeric filters. Attached is a copy of the R&D Strategy 5- brands. B. Smoke composition and control Year Plan. I would be pleased if you would Recognizing that the most innovative and promising cigaret concepts for the long run This long-range program is aimed at devel- use this as a framework in which your var- will require a depth of understanding of our oping economical proprietary techniques for ious programs and projects are supportive of product and customer which we have not yet control of those specific smoke components this document. In the near future you will be attained and which can only be achieved which may come to be regarded as undesir- given your Project Authorization sheets, and through substantial investments in directed able. Achievement of the objection will ne- I would be pleased to receive your plans within the next two weeks. Should you wish research, R&D management will concentrate cessitate identification of the rod precursors a large part of the resources at its disposal of smoke constituents, understanding the to discuss this with me in some detail, please let me know. in two major long-range new product pro- conditions under which the constituents are grams: a cigaret with controlled-composition formed, and developing techniques to alter If in your opinion, there have been any omissions or mistakes within the broad R&D mainstream smoke, and a ‘‘full-flavor’’ ciga- the precursors and/or reaction conditions ret delivering less than ten milligrams of beneficially. outline, please let me know so that we can amend. FTC tar. C. Non-tobacco fillers and additives Dr. W.L. Dunn B. Composition control of mainstream smoke The principal elements of this program are Dr. D.A. Lowitz This program is aimed at developing eco- the designed filler project and its supporting Dr. F. Will nomical proprietary techniques for control studies, evaluation of competitive non-to- of those specific smoke components which R&D STRATEGY OUTLINE bacco sheet materials, tobacco protein con- may come to be regarded as undesirable. The centrates, and the synthesis of analogs of to- I. SUPPORT OF ESTABLISHED BRANDS program will include projects to identify the bacco alkaloids. A. General strategy rod precursors of unwanted smoke constitu- D. Flavor and subjective response R&D management believes that the tech- ents, to understand the conditions under Our long range effort is aimed at a dra- nical support of our established successful which the constituents are formed, and to matic reduction in both nicotine and tar cigaret brands is the foundation upon which develop techniques to eliminate selectively while maintaining subjective responses equal any future growth through new brands must the unwanted constituents from the smoke, to our present major brands. This complex be built. Therefore, established product and either by altering the precursors and/or reac- task will require (1) understanding more profit positions will be protected through a tion conditions, or by removing the constitu- thoroughly the constituents of smoke, (2) balanced program in the areas of cost sav- ent after it is formed (principally by filtra- discovering which constituents contribute ings, smoking and health, brand improve- tion). positively to the smoker’s response, and ment, and service to other departments. C. Full-flavor/low delivery which detract or make no contribution, (3) B. Cost savings This program is directed at a dramatic re- determining those precursor substances in duction in cigaret tar level while maintain- the filler and paper and those pyrolysis con- Primary emphasis will be on development ing subjective responses equal to our present ditions which produce each type of constitu- of the leaf, stem and sheet processing tech- major brands, and is in several important ent, and (4) developing means of decreasing nology needed to achieve the lowest possible ways, the complement of the program de- the proportion of undesirable constituents, materials cost for PM–USA without jeopard- scribed above. As the Composition Control increasing the desirable ones, or izing the reputation for consistently high effort seeks to ‘‘eliminate the negative,’’ supplementing them with additives. quality which our cigarets enjoy. this program is to ‘‘accentuate the positive.’’ Secondarily, R&D will be alert to possible E. Other new product concepts The task requires (1) understanding more economies in other phases of cigaret manu- thoroughly the constituents of smoke, (2) Other new product models under current facturing. discovering which constituents contribute development include a slim cigaret formu- C. Smoking and health positively to the smoker’s response, and lated for a strong masculine appeal, a low de- R&D will seek to establish a level of which detract or make no contribution, (3) livery slim, and a paper-free, film-wrapped determining those precursor substances in cigaret rod. knowledge and preparedness which will fa- cilitate a rapid, informed response to chal- the filler and paper and those pyrolysis con- II. Psychological and biological aspects of smok- lenges in the health field. This level will be ditions which produce each type of constitu- ing developed largely through the sponsorship of ent, and (4) developing means of increasing R&D management will continue to empha- selected studies at independent laboratories the relative concentration of desirable con- size three areas of investigation which are and universities. The principal in-house ef- stituents. relatively long-term with respect to com- fort will be the development and application D. Other new product technology mercial applications: (A) Smoker Motives of rapid bioassay methods to evaluate the ef- R&D management recognizes that, despite and Behavior, (B) Bioassay Methods, and (C) fects of cigaret smoke and its constituents the importance of the two new product pro- Physiological Effects of Smoking. upon biological systems. grams described above, these alone will not H 8132 CONGRESSIONAL RECORD — HOUSE August 1, 1995 provide sufficient breadth of technology to Written by: T.R. Schori. delivery cigarette but they consider the low enable the Company to become the undis- SEF is nearly ready to go out with an RP3 delivery cigarettes currently on the market puted industry leader by 1980. test of our DL–2 cigarettes. One of the men- as too flavorless, too weak and too low in [1.] Accordingly, additional programs will thol cigarettes for MN–3 is being remade. impact. If a low delivery cigarette with im- be maintained with two broad objectives: Project title: Regression Analysis. pact and flavor were developed, it may cause [2.] To develop cigaret features and proc- Written by: T.R. Schori. the segment of current regular filter smok- esses which can find application in a possible Having done a number of studies (JND–1, ers who are concerned about their health but new brand, although the features and proc- JND–2, TNT–3, TNT–4) in which we have sys- demand a flavorful cigarette to voluntarily esses may not be sufficient justification by tematically manipulated tar and nicotine switch to the low delivery cigarettes. This themselves for a new brand or brand exten- parameters of cigarettes, we are trying to may seem at first to be a senseless venture sion. see if we can make any overall conclusion. since it might result in Marlboro smokers To improve our understanding of how and Specifically, we are trying to predict nico- switching to this low delivery cigarette. why smokers actually smoke cigarets, to tine/tar ratios for optimal cigarette accept- However, we must recognize the possibility provide leads for other major new product ability at differing tar deliveries. that if we do not develop such a cigarette, it concepts. PHILIP MORRIS U.S.A., may be developed by another tobacco com- Strategically, R&D management wishes to RESEARCH CENTER, pany. Having developed such a cigarette maintain a large number of projects of these October 1995. would also give us an advantage in the event two types, sufficiently diverse to cover all of Report Title: Low Delivery Cigarettes and that the government imposes delivery re- the important elements of the product and Increased Nicotine/Tar Ratios, A Rep- strictions. Furthermore, some portion of its use. Although the projects in the aggre- lication. current low delivery smokers may desire to gate will represent a major investment of Written by: Barbara Jones, Willie Houck, switch to a more flavorful cigarette and oth- R&D resources, the expenditure level on any Peggy Martin. ers may follow as consumer experience re- single project will be relatively low. Approved by: William L. Dunn, Jr. and Leo sults in changing the image of low delivery Charge number: 1600. F. Meyer. cigarettes so that smokers believe a flavor- Program title: Smoker Psychology. Distribution: H. Wakeham, F. Resnik, T. ful cigarette can really be ‘‘healthy.’’ Project leader: W.L. Dunn, Jr. Osdene, R. Thomson, W. Gannon, R. It was hypothesized in an earlier study 1 Period covered: April 1–30, 1974. Fagan, F. Daylor, J. Osmalov, H. Daniel, that increasing nicotine to tar (N/T) ratios Date of report: May 9, 1974. W. Claflin, P. Gauvin, M. Johnston, F. from the 107 ratio of most cigarettes cur- rently on the market might increase the sub- Project title: Aloha Brain Waves and Smok- Ryan, C. Levy, F. Reynolds, Indexer Day File (2), Central File (2). jective strength of low delivery cigarettes ing. and thus their acceptability among regular ABSTRACT Written by: W.L. Dunn. filter smokers. Therefore, three low delivery Nearing completion of data collection. This study provides evidence that the opti- cigarettes in the 10 mg tar range with vary- Project title: Controlling Smoke Inhalation mum nicotine to tar (N/T) ratio for a 10 mg ing N/T ratios were compared to a Marlboro Post-Puff. tar cigarette is somewhat higher than that control. (Schori & Martin, 1974b) The results Written by: W.L. Dunn. occurring in smoke from the natural state of of that study (DL–1) indicated that the 10.7 Still in instrumentation phase. tobacco, namely, .07±.01. mg tar, .12 nicotine to tar (N/T) ratio ciga- Project title: Puffing Behavior. Three low delivery cigarettes (10 mg tar) rette was comparable to the Marlboro in Written by: F.J. Ryan. differing in terms of N/T ratio (.06, .09 and terms of both subjective acceptability and When 16 students smoked 85 mm Marlboros .12) were rated in terms of subjective strength. Although cigarettes in this tar de- or Salems cut to different lengths, we ob- strength and acceptability by 235 regular fil- livery range had previously achieved parity served that (1) first puffs were strikingly ter smokers. Two packs of each were pro- with Marlboro in acceptability (Schori & similar in volume, flow, and duration, vided each respondent plus two packs of a Martin, 1974a), the DL–1 study was the first whether taken on an 85, 78, 71, 65, or 59 mm control Marlboro. time that such a cigarette achieved parity in rod; (2) second puffs were strikingly similar, The .09 N/T ratio experimental cigarette both acceptability and strength. too, whether at 78, 71, 65, 59, or 52 mm; (3) was equal in acceptability to the Marlboro However, on the DL–1 study the variations later-than-second puffs had volumes which control. The .06 and .12 N/T ratio cigarettes in N/T ratios of the low delivery cigarettes were determined by rod length, rather than were both judged less acceptable. were confronted with variations in tar deliv- puff number. In this study puffs were taken All four cigarettes were judged to be dif- ery. Therefore, the present study was de- at 60-second intervals. But smokers are nor- ferent from one another in terms of strength signed as a follow-up of the DL–1 study. mally free to take puffs at any time, so that in the following ascending order: .06, .09, con- Three experimental low delivery cigarettes it is inappropriate to use puff number alone trol, .12. targeted to delivery 10 mg tar with N/T ra- to categorize volumes. A third puff taken One can infer from these results that nico- tios of .07, .10 and .13 were compared to a when an 85 mm rod is 71 mm long will have tine does contribute to the perceived Marlboro control in terms of subjective ac- a different volume than a third puff taken strength of cigarette smoke, and that the op- ceptability and strength. It was desired that when a rod is 40 mm long. Interpuff interval timum N/T ratio for a 10 mg tar cigarette is the experimental cigarettes be more similar and static burn rate must be taken into ac- somewhat higher than that occurring in in tar delivery than was the case in the DL– count. smoke from the natural state of tobacco, 1 study. Some summarizing and grouping of the namely, .07±.01. We plan to use these finding as guidelines METHODS data in several recent studies suggests that Cigarettes puff volume is dependent on the weight of in conducting another N/T ratio study using the smoker. Our nine heaviest student smok- the National POL panel. The experimental cigarettes were targeted ers had considerably larger volumes per puff INTRODUCTION to deliver 10 mg tar with .07, 10 and .13 N/T ratios. To obtain the two highest ratios, it than our nine lighter smokers. Most of the It appears that aims of research in the area was necessary to add supplementary nicotine volume increase is attributable to dif- of low delivery cigarettes need to be twofold. in the form of nicotine citrate. The delivery ferences in flow rate, but there are dif- One goal is to come up with a low delivery levels obtained for the three experimental ferences in puff duration, too. Whether this cigarette that will appeal to current low de- cigarettes and a Marlboro control are shown is due to general strength and vigor, to gen- livery cigarette smokers. It seems logical below (for complete analytic data, see Ap- erally greater appetite, to lung capacity, or that such a cigarette can look like a low de- pendix A): to some other factor is unknown. If we take livery cigarette, i.e., possibly having uncon- smoke volume per puff, body weight, and ventional tipping paper and an unusual ap- Control puff by puff tar and nicotine deliveries into pearing filter. It may even be suggested that account, finding mg tar (or nicotine) per puff a cigarette will be acceptable to many cur- Tar (mg/cigt.) ...... 10.4 11.0 11.0 18.0 Nicotine (mg/cigt.) ...... 0.68 0.95 1.31 1.03 per kg of body weight—then the group dif- rent low delivery smokers only if it has the Tar (mg/puff) ...... 1.09 1.13 1.08 2.04 ferences disappear. taste characteristics that they associate Nicotine (mg/puff) ...... 07 .10 .13 .12 This suggests some type of dose hypothesis with a ‘‘healthy cigarette’’ e.g. low in flavor, Nicotine/Tar Ratio ...... 06 .09 .12 .06 in controlling smoke volume intake. strength and impact. One study (Schori, 1972) Project title: Smoking, Arousal, and Mood indicated that a large national sample of Inspection of the above table shows the Change. smokers did not perceive any cigarette then success in maintaining constant tar over the Written by: T.R. Schori. on the market as being low in delivery and Data collection continues. We had hoped to high in flavor. 1 Since tar was virtually constant across the three be able to obtain good heart rate data using Another objective, providing the impetus experimental cigarettes, it would have sufficed in a cassette-type recording system. That now behind the present study, is the development this study to refer to nicotine rather than to N/T ra- seems unlikely based upon the many difficul- of a low delivery cigarette that will both tios. However, the use of N/T ratios was intended to facilitate discovering possible trends over different ties we have experienced with that system. look and taste like a regular filter cigarette levels of tar. Furthermore, this terminology makes However, these data are only a nonessential and thus will appeal to current regular filter it more readily apparent as to how the data relate minor part of this study. smokers. The idea behind this is that some to the .07 N/T ratio that is characteristic of most Project title: Miscellaneous. of these smokers would possibly smoke a low cigarettes currently on the market. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8133 experimental cigarettes, particularly with T ratio (.06, .09 and .12) were compared to a act such that increases in both nicotine and regard to tar/puff. Marlboro control in terms of subjective ac- citrate are necessary for any differences in Test procedures ceptability and strength. The .09 N/T ratio subjective strength. cigarette was found to be equal in accept- Since RP3 is a local panel and there is a The test was sent to 300 RP 3 85 mm regular ability to the Marlboro control. The highest possibility of regional differences in ciga- filter smokers, half of whom were Marlboro N/T ratio cigarette (.12) and the proportional rette preferences, we propose to conduct an- smokers. The panelists received 10 packs of reduction of tar and nicotine cigarette (.06) other study using the National POL panel. In cigarettes; 2 packs of each of the four coded were less acceptable than the control. this study we will test two 10 mg tar ciga- cigarettes (the 3 experimental cigarettes and Among the experimental cigarettes, strength rettes, with N/T ratios of .07 and .11, with a the Marlboro control) and 2 packs of uncoded ratings went up as N/T ratio increased; and Marlboro control. The .11 N/T ratio was cho- Marlboros to complete the carton. They were interestingly, the 11 mg tar cigarette with sen in an attempt to make a cigarette that instructed to smoke the cigarettes in any .12 N/T ratio was rated significantly higher will be perceived as stronger than the .09 N/ order they wished as long as they filled in in strength than the 18 mg tar Marlboro con- T ratio cigarette in the present study but the scales for one set of codes before begin- trol. not as strong as the .12 N/T ratio cigarette. ning to smoke the next set. In the event that These data suggest that acceptability in- In other words, we are using the guidelines the panelists smoke the cigarettes in the creases as N/T ratio increases up to a certain suggested by this study to attempt to make order suggested by the order of the rating ratio and then decreases. Thus it seems that a 10 mg tar cigarette that will equal a Marl- scales on the ballot, all possible presen- increasing the strength of low delivery ciga- boro control in both subjective acceptability tations of the rating scales for the four ciga- rettes by adding nicotine citrate increases and strength. rettes were used an equal number of times. the acceptability up to a point where the The cigarettes were rated on both an accept- REFERENCES cigarettes may be perceived as too strong ability scale and a strength scale. (1=dislike Duncan, D.B. Multiple Range and Multiple and acceptability decreases. Since the two extremely to 9=like extremely; 1=extremely F Tests. Biometrics, 1955, 11, 1–42. highest N/T ratio experimental cigarettes weak to 9=extremely strong) The ballot is Schori, T.R. Perceived Attributes of Ciga- were made by adding nicotine in the form of shown in Appendix B. rettes. Philip Morris Technical Report, June, nicotine citrate spray, there is a possibility 1972. Data analysis that the increased citrate that accompanied Schori, T.R. & Martin, P.G. Low Delivery The ratings from the acceptability and the increased nicotine is crucial in the re- Cigarettes and Increased RTD. Philip Morris strength scales were analyzed by means of a sulting increases in subjective strength. Technical Report, June, 1974a. one-way analysis of variance with repeated The results of the DL–1 study showed over- Schori, T.R. & Martin, P.G. Low Delivery measures on subjects. Individual compari- all trends that were very similar to those of Cigarettes and Increased Nicotine/Tar Ratios sons of means, using Duncan’s Range Test, the present study. For the experimental (DL–1). Philip Morris Technical Report, Sep- were performed in order to assess the signifi- cigarettes, strength ratings increased as the tember, 1974b. cance of differences between pairs of ciga- N/T ratio increased. However, whereas the rettes where overall significant differences present study found the .12 N/T ratio ciga- APPENDIX A.—ANALYTICAL DATA were detected. rette to be a stronger than the Marlboro con- trol, the results of the DL–1 study indicated Control Experimental cigarettes RESULTS Marlboro that these cigarettes were considered equal The return rate 85 in strength. D48DK– D4BDL– D48DM– The return rate was 78%. In regard to acceptability, the DL–1 study D4BDJ– 1 1 1 1 Analyses of variance results concurred with the results of the The analyses of variance for the accept- present study in that the experimental ciga- Target—Tar, mg/cigt...... 10 10 10 rette with the moderate level of nicotine ad- Target—Nicotine, mg/cigt...... 0.7 1.0 1.3 ability and strength scale ratings of the Smoke: total panel are summarized below. dition was rated higher in acceptability than Butt Length, mm ...... 28 28 28 28 the proportional reduction cigarette and FTC Tar, mg/cigt...... 18.0 10.4 11.0 11.0 Marl- .06 .09 .12 Prob- equal to the Marlboro control. Since the .12 Nicotine, mg/cigt...... 1.03 0.68 0.95 1.31 boro N/T N/T N/T ability Puffs/cigt...... 8.8 9.5 9.7 10.2 N/T ratio cigarette in DL–1 was not seen as Filtration Eff., % ...... 45 60 57 58 Nicotine/Tar Ratio ...... 0572 .0653 .0863 .1190 Acceptability (N=235): stronger than the control, it seems logical ¯ that the acceptability ratings would not de- Tar, mg/Puff ...... 2.04 1.09 1.13 1.08 X ...... 5.77 5.32 5.65 5.26 .0034 Nicotine, mg/Puff ...... 12 .07 .10 .13 S.D...... 1.88 1.89 1.91 1.95 ...... cline. In fact, in the DL–1 study, both of the Cigarette: Strength (N=235): ¯ cigarettes with added nicotine were as ac- Total RTD, in. of H20 ...... 4.3 5.4 4.6 4.6 X ...... 5.34 4.34 4.73 5.62 .0001 Static Burn. Time, min...... 7.7 7.5 7.4 7.8 S.D...... 1.28 1.67 1.46 1.50 ...... ceptable as the Marlboro. Length, mm ...... 84.5 84.3 84.2 84.3 The difference between the two .12 N/T Circumference, mm ...... 25.0 25.1 25.1 25.0 From this summary, it can be seen that ratio cigarettes in the two studies that Paper: Additive, type ...... Cit. Cit. Cit. Cit. significant differences (p<.05) were found caused them to be perceived differently in Porosity, sec...... 20 17 19 17 among cigarettes in both acceptability and relation to the control is not obvious. The Filter: strength. A multiple range test (Duncan, analytical data for the cigarettes in the DL– RTD, in. of H20 ...... 2.6 4.0 3.6 3.6 Length, mm ...... 20.8 21.0 20.9 21.0 1955) was performed to make individual com- 1 study are shown in Appendix C. Weight, g ...... 0.15 0.20 0.19 0.17 parisons between mean ratings. The results Inspection of the analytical data for the Tipping Paper Length, mm .. 25 25 25 25 of this analysis are given below with the two tests reveals that while total alkaloids Dilution, % ...... None 19 25 26 Filler: mean ratings rearranged in ascending order decreased from DL–1 to the present study for Total Alkaloids, % ...... 1.47 1.49 1.80 2.97 of magnitude. Those means not underlined all other cigarettes, they increased in the .12 Total Reducing Sugars, % ... 6.1 6.9 6.8 7.8 by a common line are significantly different N/T ratio cigarette. Another possible expla- Wt. of Tob., g ...... 0.757 0.788 0.781 0.790 Rod Density, g/cc ...... 0.239 0.248 0.246 0.251 from one another (p<.05). nation is that there were subtle taste dif- Targeted Nicotine ...... ferences between the .12 N/T ratio cigarettes Citrate Spray, % ...... — — 3 8 .12 N/T .06 N/T .09 N/T Marlboro in the two studies that are not reflected in the analytical data but are responsible for NOTES ON PROGRAM REVIEW PRESENTATION 2/79 Acceptability ...... 5.26 5.32 5.65 5.77 the difference in strength and acceptability Last year I devoted most of my time to the .06 N/T .09 N/T Marlboro .12 N/T ratings. Unfortunately, no data on taste dif- rationale and conceptualization of our pro- ferences are available. gram, and had little time left to talk about Strength ...... 4.34 4.73 5.34 5.62 In conclusion, the results of this study sup- what we were in fact doing. Today I’d like to port the DL–1 findings that increasing N/T be more concert and talk about the research From these analyses it can be seen that ratios from the .07 level increases the subjec- projects we have underway and planned, with the experimental cigarette with the .09 N/T tive strength of low delivery cigarettes. Ad- comments to relate the projects to our pro- ratio and the Marlboro control were equally ditionally, there is an indication that these gram objectives and to the R&D Five-Year acceptable and were more acceptable than increases in strength will be accompanied by Plan. the other two experimental cigarettes. These increased acceptability. However, the data First let me state our 3 objectives: other two experimental cigarettes (.06 and suggest that caution should be exercised 1. To understand the psychological reward .12 N/T ratio) also were not significantly dif- such that N/T ratios are not increased to the the smoker gets from smoking. ferent from one another in acceptability. extent that the increases in acceptability as- 2. To understand the psychophysiology un- Further inspection of the individual com- sociated with moderate increases in N/T derlying this reward. parisons reveals that the three experimental ratio are lost. 3. To relate this reward to the constituents in smoke. cigarettes and the Marlboro control were all Further research significantly different from one another in Our three lines of investigation: strength. In order to clarify the meaning of the re- 1. The effects of nicotine and nicotine-like sults of this study, it would be beneficial to compounds upon animal behavior. DISCUSSION discover whether nicotine has the same ef- 2. The effects of smoke and smoke con- In this study, three low delivery cigarettes fect if added in forms other than nicotine stituents upon the electrical activity in the in the 10 mg tar range varying in nicotine N/ citrate. Perhaps nicotine and citrate inter- human brain. H 8134 CONGRESSIONAL RECORD — HOUSE August 1, 1995 3. The effects of changes in smoke com- trated by the constraints imposed upon us in one for just this purpose. We are forever position upon puffing behavior, inhalation studying the human smoker. With the effects mindful of the implications of the observed behavior and descriptive statements by the upon manifest behavior continuing to elude effects of nicotine for clues as to the rein- smoker. us, we are limited to the EEG. forcing mechanism underlying human smok- Our people: But happily there are other organisms ing. Let’s first talk about Gullotta’s work. than human that have CNS’s which respond The ultimate in this program is an inven- He joined us a year and a half ago. The bet- to nicotine. Which brings me to the com- tory of all the behavioral and quasi-behav- ter part of the first year was used up in get- parative psychophysiological programs of ioral effects of nicotine at the animal level ting the EEG lab on line. Carolyn Levy and Gary Berntson. There is and a test for each such effect reduced to a To date he has complete data collection on considerably greater license allowed in ob- parsimonious routine. the first and very crucial study of the effect truding upon the corpus integritum of the We can even at this early stage anticipate of smoking on the visual evoked response. At species white rat than the species Homo an extensive list of nicotinic behavioral ef- the moment he is working closely with the Saprin. With apologies both to Gary and fects and a test routine for each. The assay computer group in analyzing that data. Carolyn, I shall pointedly avoid associating battery could rapidly become too cum- What is the VER? study with investigator. bersome from the sheer number of discrete Why the VER? We are systematically assembling a bat- tests available. We are going to need a set of Dr. Gullotta has another study underway. tery of behavioral tests which can be used in criteria for selecting those tests to be re- This is a long-term project because of the the larger assay program of R&O. Because of tained for routine assay. problem of recruiting subjects. He is at- the sophisticated level at which the chem- One obvious criterion is nicotine specific- tempting to catch R&D smokers who have istry of nicotine is being investigated, it has ity—nicotine brings the only compound decided to quite before they do so. He records become imperative that assay tools be made known to elicit the effect. the EEG before they quit, then repeats the Another criterion would be relevancy to available to our chemists to assist them in recording at fixed intervals following quit- human smoking which would rule out such assessing the nicotine likeness of nicotine in ting. Subjects are scarce—so the study can tests as tail flick or lacency—or the tail its various forms; its analogues, and other take some time. He has picked up 45 to date. pinch test. Hopefully, he will be able to garner some related compounds. Since our vital interest I would point out again that I have not in- knowledge on an old problem: in nicotine rests upon its presumed dicated where these studies are being under- Changes that occur quitting have been psychophysiological actions, then those be- taken they may all be here, all at Ohio cited by Jarvik Russell as withdrawal ef- havioral changes that reflect these actions State, or some at both. fects. There have been no long-term studies possess intrinsic assay significance. Thus the We have several studies underway and be- of abstention, so we don’t know whether the nicotine likeness of a compound can be ex- ginning that are more immediately con- observed changes upon quitting are indeed pressed in terms of the degree to which it cerned with the cigarette. Frank Ryan is withdrawal effects of an enduring return to can induce those changes induced by nico- carrying out the long-term project of annual baseline. Frank’s observations might be of tine. monitoring of preferences, with which I will great help at least insofar as CNS mediated To date we have evaluated two behavioral assure you are sufficiently familiar. The changes are concerned. tests for nicotine-likeness. One has been in- third run is to begin within a few weeks. We Frank has other studies scheduled to being corporated into the assay program. The are hoping to get some clues as to whether as the VER is completed. If he finds from other is still under investigation. there are trends in cigarette preferences over VER study that he can identify discrete The stimulus discrimination technique has 4 or 5 year time span; and, if there are smoke induced event (i.e. a change in the been described to you already. The animal is trends, what characterizes them. after-discharge component for example) he trained to press lever A when injected with Frank Ryan is also beginning a study of will proceed directly to a comparison of nicotine, and lever B when injected with sa- the nicotine/tar ratio at the 5 mg tar deliv- those modes of nicotine administration, in- line. After being trained to a predetermined ery level. This is a study we would have halation and ingestion and iv injection. At level of correct hits, the animal is injected liked to have undertaken some time back, the same time that he is maintaining the with Compound X. The ratio of Lever A to but only recently has the technology of ciga- EEG, he will monitor nicotine blood level, Lever B presses can be construed as an index rette making made it possible to get the heart rate and perhaps other peripheral or of nicotine-likeness. We make no pretense to range of nicotine delivery needed with a con- autonomic signals. knowledge of the underlying mechanisms— stant car delivery. Obviously, he will need medical collabora- we do submit the method as empirically As a corollary to this field study, Frank is tion. The Medical Dept. has agreed to work valid. doing a classical threshold study. What size with him. The second technique still under study is of a nicotine increment is needed in order to Russell has pointed to a possibility that we the tail flick test. This is a means for deter- be detected by the smoker? This is to be had also come to consider seriously about mining relative changes in sensitivity to done not only at the 5 mg tar delivery level the smoker’s smoking behavior. In all the ti- thermal pain induced by impinging focused but at the 15 mg and perhaps the 10 mg level tration theorizing, it has been postulated radiant heat upon the animal’s tail. The as well. We envision a family of curves with that the smoker is seeking to maintain a time from stimulus onset to the tail flick nicotine delivery differences plotted against: supply of nicotine at some optimum level in that stops the stimulus is called tail flick la- of persons detecting difference at three tar the bloodstream, and we have lamented the tency. We have established that the latency delivery levels. Acceptability responses will obstacles to getting good tracking of the is increased by injected nicotine. Of course, be gotten at the same time. Such informa- level of nicotine in the blood. As new knowl- one would expect other compounds to in- tion can be timely and relevant to the recur- edge has developed, two observations have crease latency, as the test is not one of high ring expression of concern about the relative emerged which influence our thinking: specificity, but as part of an assay battery it downness of N/T ratios in P.M. products 1. Observed smoking patterns are not con- has some merit. Yet another product related study being sistent with the premise of titration for a The nicotine-induced analgesia as reflected conducted by Ryan is the salivation study. constant blood level and in the tail flick latency increases is specific Low tar products are often described as ‘‘hot 2. The most probable locus of action is to thermal pain and perhaps some other and dry.’’ It is possible that the perceived within the central nervous system. sources of pain, but does not generalize to all dryness is attributable to a reduced saliva- We are quite ignorant of smoke-derived sources. Dr. Berntson is developing a theo- tion response, rather than same intrinsic nicotine’s course through the brain: retical model based upon these observations property of the smoke? The question has a. the conditions required for its passage and undertaking further research to test the been addressed before by this laboratory, but across the blood brain barrier (blood con- model. He will be telling us about these de- indirectly. We don’t know of any systematic centration, barrier permeability, etc.) velopments in due time. attempts to measure saliva flow-in response b. threshold concentrations required at Three other behavioral manifestations of to cigarette-smoke. We judge the question to brain loci for the CNS effects of nicotine are being or be important enough to be explored further. c. diffusion rates, selective localization about to be evaluated for inclusion in the be- Dr. Bernston has also some human work d. rate of metabolism havioral assay battery. underway which I shall mention briefly since I think I’d best add here a little 1. Motor activity it is coordinated with our own program. concentualizing. Until recently we have en- 2. Prostration syndrome He has nearly completed data analysis on a tertained a titration hypothesis—we have 3. Nicotine self-administration study or the effect of smoking on automatic postulated that the habituated smoker is Yet another assay candidate is the rat response to stress. He used three stress, situ- seeking to maintain some optional level of EEG. ations; anticipation of electric shock, view- nicotine in his bloodstream. As a corollary This whole program of assay exploration is ing autopsy slides and an cognitive task. He we would expect to see the smoker attune in- a two-edged sword for us. There is basic re- recorded almost every measurable automatic take to blood level. Given a more diluted search implicit in the evaluation of each response; heart rate, muscle tension, blood smoke, he would smoke more, with more test, in fact, in the very selection of those flow, respiration, electrogastric events and cigarettes or bigger puffs, or deeper behaviors which we are monitoring for nico- skin potential. inhalations. tine effects. I might also point out that some He is just beginning another study of the With our attention increasingly drawn to of these tests have potential for establishing influence of smoking on higher mental proc- CNS effects of smoking, we are sorely frus- dose-response curves. We have already used esses. We have, as have others, looked for the August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8135 effects of smoking upon human performance larger in 1981 and 1983 than in the other through, researchers getting NSF re- over the years, without ever discerning a years and confirm what is readily apparent search grants, probably because the straight forward effect. Or Bernston reasons to the naked eye when looking at the at- definitions are so broad including any- that the effect may be a subtle one which is tached plot of ratios. thing of value coming from the Federal real but elusive. He is using a memorizing Sincerely, and recognition task (the Stemberg para- LYNN T. KOZLOWSKI, PH.D., Government, a farmer getting emer- digm) in such a way as to be able to partial PROFESSOR AND HEAD, gency livestock feed in a major snow- out the contributions to overall performance Department of Biobehavioral Health. storm, irrigators receiving subsidized of (1) attention, (2) memory efficiency, (3) Bureau of Reclamation water, and it rate of memory formation and (4) retrieval REGULAR-LENGTH (70 MM) BENSON & HEDGES FILTERED probably even includes intangibles, so efficiency. As a last item, we are finally CIGARETTES a broadcaster getting an FCC license moving forward on the study of nonobtrusive would probably be a grantee under the Nic- monitoring of smoke inhalation. Since Neil Year Tar (+/¥) (+/¥) Ratio provisions of this proposal, as, for in- Nunnally joined us last year, he has taken otine stance, would many organizations, over the instrumentation problem and 10–68 ...... 21.0 (0.5) 1.29 (0.06) 0.061 brought us to a near on-line state. 2–69 ...... 20.1 (.5) 1.38 (.03) .069 maybe your local church or YMCA, The device is based upon the proposition 10–70 ...... 18.7 (.4) 1.35 (.03) .072 YWCA, if you are running a low-income 8–71 ...... 18.4 (.3) 1.30 (.02) .071 that circumfarential changes in the chest 7–72 ...... 12.2 (1.1) 0.86 (.09) .070 child care program. With a Federal and the abdomen can be converted to a good 1–73 ...... 9.9 (.3) .68 (.03) .069 grant you would be brought into the estimate of inspired volume. 8–73 ...... 9.8 (.4) .66 (.03) .067 3–74 ...... 9.4 (.4) .61 (.03) .065 provisions of this incredible proposal. We have good evidence that when the cir- 9–74 ...... 9.1 (.4) .56 (.03) .062 Now what happens to those who are cumference changes are small, volume is a 3–75 ...... 9.1 (.3) .53 (.02) .058 linear function. The average total lung ca- 9–75 ...... 9.3 (.4) .55 (.02) .059 covered? Let me just take a minute to 4–76 ...... 9.2 (.3) .53 (.02) .058 walk you through what would happen pacity of 6 liters, the average smoke inspira- 6–77 ...... 9.8 (.2) .64 (.02) .065 tion is one liter. 5–78 ...... 0.9 (.1) .06 (.01) .067 to one very typical, if hypothetical, ex- Considering all the ways to measure, the 12–79 ...... 8 (.1) .07 (.01) .088 ample, namely a pregnant woman or 3–81 ...... 6 (.1) .12 (.01) .200 mercury strain gauge was selected, but there 12–81 ...... (1) ...... 10 (.02) .200 nursing woman getting food vouchers were problems. 3–83 ...... 9 (.2) .10 (.01) .111 under the Women, Infants and Chil- The solution was to minimize the current 2–84 ...... 1.3 (.2) .09 (.01) .069 1–85 ...... 1.2 (.1) .07 (.01) .058 dren’s program. Let us just consider flow-developed circuitry that provides a 100 the example: M amplification, and a sophisticated method (1) Below the sensitivity of the method (i.e., <0.5) of summing the two inputs to yield a signal f We will call her Sally. She will be re- that is almost linearly related to volume. The SPEAKER pro tempore. Under a quired to follow ‘‘generally accepted There is another candidate transducer (in- previous order of the House, the gen- accounting principles in keeping books ductance charges in coils about the chest tleman from North Carolina [Mr. and records,’’ about the number and and abdomen) already incorporated into a the value of the assistance that she is JONES] is recognized for 5 minutes. commercially available device. On order, due receiving under the WIC program. She to arrive by March 1. [Mr. JONES addressed the House. His We will be running comparative tests of would be required to file with the De- remarks will appear hereafter in the partment of Agriculture by the end of these two units, select the better one and Extensions of Remarks.] proceed to solving the remaining problems: each calendar year a certified report on (a) tagging the smoke-laden inhalation. f a standard form provided by your (b) incorporating a recorder into the sys- POLITICAL ADVOCACY REPORTING friendly Federal Government with her tem. name and her ID number, description When the entire assembly is ready, I will The SPEAKER pro tempore. Under a of the purposes that she put her WIC begin a series of studies, all designed to de- previous order of the House, the gen- grant to, a list of all the Federal, State termine the degree to which the smoker ac- KAGGS] is tleman from Colorado [Mr. S or local government agencies involved commodates his intake to 1) smoke composi- recognized for 5 minutes. in administering the WIC program, and tion and 2) need. Mr. SKAGGS. Mr. Speaker, I would here is the real hooker in this, a de- THE PENNSYLVANIA STATE like to return for a few minutes to this scription of her acts of, ‘‘political ad- UNIVERSITY, 13-page piece of legislation that is bur- vocacy,’’ which is defined all DEPARTMENT OF BIOBEHAVIORAL ied in the Labor, Health, and Edu- encompassingly to include, for in- HEALTH, cation appropriation bill that the University Park, PA, July 28, 1995. stance, any attempt to influence any House will be taking up shortly. It is Hon. HENRY A. WAXMAN, Federal, State, or local government ac- labeled political advocacy, and it is House of Representatives, Rayburn House Office tion, including any attempt to affect really an incredible effort at speech Building, Washington, DC. the opinions of the general public or DEAR MR. WAXMAN: I have reviewed the at- control and reporting, all at the hands any part of the public about any gov- tached data on Benson & Hedges Filtered of this new majority that made such a ernment action. This would include, for Cigarettes (70 mm) using standard assump- big deal out of wanting a less intrusive instance, Sally’s coming to one of your tions of inferential statistics. Government. The average Nicotine/Tar Ratio for the 17 Well, let me just ask my colleagues town meetings and talking with her measurements from 1968 to 1985 (not includ- to go through the painful exercise of congressman or congresswoman, writ- ing the 3 measurements for 1981 SP, 1981 HP, ing a letter to the editor about some 1983 HP) is .066 (minimum=0.58, actually reading this legislative provi- sion in an appropriations bill. It is an issue of public policy pending in her maximum=.088, Standard Deviation=.00738). community. A score of 0.20 (as was observed in 1981) is absolutely chilling experience when very unlikely to come from the same popu- you realize that this Rube Goldberg This political advocacy activity lation. The probability of sampling a score contraption that has been invented in would also include ‘‘participating in at least as large as 0.20 is considerably less order to get at the question of Federal any political campaign of any can- than 1 in 100,000 (z=18.16). Even the ratio ob- funds being used to persuade Congress didate for public office,’’ Federal, served in 1983 (0.11) has a probability less about public policy, how vast and real- State, or local. So, marching in a can- than 1 in 100,000 of coming from the same ly incredibly intrusive into civil lib- didate’s parade, for instance, would be population (z=12.19). a political advocacy activity that a If one looks only at the years when this erties a proposal this is. brand was in the 1 mg tar range (from 1978 to I spent some time yesterday explain- WIC grantee would have to report to 1985), the average ratio for the 4 years (not ing some of the people who would be the Department of Agriculture. including those years at issue) is 0.075 covered as, quote, grantees under this b 1715 (minimum=.058, maximum=.088, Standard legislative provision in the appropria- Deviation=.0126). The probability of sampling tions bill. I hope you will pay some at- It goes on and on and on. This would a score at least as large as 0.20 is consider- tention to this; your constituents are create, in some computer in Washing- ably less than 1 in 100,000 (z=10.28). The prob- absolutely going to hate this bill if it ton, DC, a master list of all political ability of sampling a score at least as large as 0.11 is less than 4 in 1,000 of coming from were to become law. advocacy activities carried on by all the same population (z=3.13). For instance, disaster victims get- Federal grantees around the country. These analyses support the interpretation ting emergency aid from FEMA would Each Department would have to get that the Nicotine/Tar Ratios were much be a grantee, and I will tell you in a these reports annually certified, sub- minute what grantees have to go ject to audit, subject to challenge, H 8136 CONGRESSIONAL RECORD — HOUSE August 1, 1995 from all of their grantees, bring them INVESTIGATION OF THE DEATH OF that outrageous suggestion of his could together, and every year send their re- WHITE HOUSE COUNSEL, VINCE be proven. ports to the Bureau of the Census, FOSTER What this shows, Mr. Speaker, is, un- which would then, in turn, pull all of The SPEAKER pro tempore. Under a fortunately, the extent to which the these together to constitute a national previous order of the House, the gen- right wing, in its most extremist form, database of political activities main- tleman from Massachusetts [Mr. demands increasing tribute from the tained under the force of Federal law FRANK] is recognized for 5 minutes. Republican party leadership. We see it by the Federal Government. Mr. FRANK of Massachusetts. Mr. in public policy on the floor of this Mr. Chairman, why anyone that is in- Speaker, I was appalled to read last House and we see it in their rhetoric. terested in a smaller Government, week a statement from Speaker GING- The Speaker apparently feels com- much less in civil liberties, much less RICH suggesting that House Counsel pelled to give credence to one of the in the protections of the first amend- Vince Foster was murdered, coupled most contemptible, vicious, and inac- ment to the United States Constitu- with Mr. GINGRICH’s statement that he curate stories now circulating in Amer- tion, would consider for a second en- plans to do nothing at all about that. ican politics. It is an effort by the right dorsing this chilling Orwellian notion In other words, the Speaker apparently wing to use the tragic suicide of a very is beyond me, but it was stuck, buried, plans to suggest to the American peo- decent man under great pressure for in the end of the Subcommittee on ple that an official in the White House political purposes. Labor, Health and Human Services, was murdered, despite the fact that Mr. Speaker, where is the Speaker of and Education appropriations bill that several investigations involving profes- the House? Does he exercise leadership? will be before the House shortly. sional criminologists and others, foren- I know Chairman D’AMATO, former Mr. Speaker, I hope all of my col- sic experts, have concluded that he chairman of the Senate committee, has leagues will take just a few minutes to was, tragically, a suicide. said, yes, it was a suicide. He stipulates read through this provision and under- Mr. GINGRICH chooses to call that to that. That is the responsible posi- stand exactly what it is going to mean. into question but then do nothing tion. The Speaker is not willing to do It is going to mean a lot in the lives of about it. Remember that Mr. GINGRICH that. The Speaker will, instead, fan one most Americans. It is an appalling ex- has a good deal of influence over the of the most irresponsible flames that ercise of overreach by the Federal Gov- agenda of this House, including the threatens now to consume civility in ernment. We should support the House Committee on Banking and Fi- the American political discourse. amendment that I will offer on the nancial Services. The House Commit- Mr. Speaker, I understand the need of floor to strike it from the bill. tee will be having hearings on the the Republican leadership to keep f Whitewater matters. The Senate Com- happy those on the right wing who mittee on Banking, Housing, and have been their most active troops, but A FOND FAREWELL TO KEITH Urban Affairs is having hearings on can there not be a more decent way to JEWELL Whitewater. The Republican party ap- do it? Must there be an unfortunate, (Mr. GILMAN asked and was given parently plans to have hearings about unjustified, terrible effort to play with permission to address the House for 1 what happened before Mr. Foster, the facts involving this man’s life? minute and to revise and extend his re- sadly, killed himself; they plan to have Does the Speaker really, genuinely be- marks.) hearings about what happened after lieve this was a murder? No one, even Mr. GILMAN. Mr. Speaker, I join Mr. Foster killed himself, and they are the Speaker and even the people on the with my colleagues in bidding a fond having those now; but they will not right are suggesting it was an act of farewell to a good friend and outstand- have any hearings into that question. God. The man was shot by his own ing public servant, Keith Jewell, upon Why? Because everyone who has looked hand. It is either murder or suicide. If his last day as Director of House Pho- at it has concluded, without question, the Speaker really believes it is mur- tography. that Mr. Foster was a suicide because der, then where does he get the author- I know Keith not only from his day of the enormous pressures he was ity not to investigate it? to day duties coordinating our House under. Mr. Speaker, anyone who seriously photographers, but also through his Mr. Speaker, Mr. GINGRICH chooses to believes a White House Counsel may selfless devotion over the years on ignore that overwhelming evidence and have been murdered for political pur- many of our foreign missions. Keith to suggest that he was murdered, but poses, who does not use his or her au- often shared our hardships as he kept he is very careful to make it clear that thority to look into it, seems to me to an official photographic record of our he will do nothing about it. In other be guilty of a dereliction of duty. What responsibilities. words, he will leave that terribly desta- we are clearly talking about, then, is A visit to Keith’s office in the Ray- bilizing, awful suggestion there, with not a serious effort to get to the bot- burn Building is a virtual trip through its unstated implications of who was tom of what would be a terrible crime. the history of the past 29 years. Dis- responsible. Despite the fact that he It is the most discouraging example of played on the walls is Keith’s photo- has control over the investigatory bod- right wing influence in the Republican graphic work as it appears in our major ies of this House, he will not have them party that I have seen, and I have, un- newsmagazines: a review of the Presi- look into it because he does not want fortunately, seen many. dential addresses, the Joint Sessions, to know the truth. f and the historic moments in this Mr. Speaker, it has, unfortunately, Chamber and on the Hill since the days become part of the right wing paranoia FAREWELL TO KEITH JEWELL of Lyndon Johnson. that circulates in this country to state, (Mr. GEPHARDT asked and was Mr. Speaker, I join with our col- in defiance of the clear facts and pat- given permission to address the House leagues in wishing Keith success in all tern, that Mr. Foster was murdered. for 1 minute and to revise and extend of his future endeavors, and in wishing Mr. Foster’s suicide has been inves- his remarks.) Keith, his wife Lorene, his stepsons and tigated by two Republican independent Mr. GEPHARDT. Mr. Speaker, I sim- his grandchildren many many retire- counsel, first Mr. Fiske and now Mr. ply wanted to add my voice to the gen- ment years of good health and happi- Starr. It has been investigated by po- tleman from New York in saying that ness. lice, by the FBI, by a whole range of of- we will miss Keith Jewell as the House f ficials. Overwhelmingly, everyone has photographer very much. I know that The SPEAKER pro tempore. Under a concluded, tragically, that he commit- all of us have had experience in his previous order of the House, the gen- ted suicide. The Speaker decides to ig- work. He has served this House and its tleman from Pennsylvania [Mr. FOX] is nore that, to reinforce one of the membership loyally and with great ef- recognized for 5 minutes. worst, craziest, most paranoid rumors fectiveness and efficiency, and, above [Mr. FOX of Pennsylvania, addressed now circulating and poisoning the it all, he has been a fine human being, the House. His remarks will appear American political atmosphere, but is a wonderful human being to be around. hereafter in the Extension of Re- careful to leave it at a suggestion. He Mr. Speaker, all of us together wish marks.] is careful to avoid any forum in which him and his family well as he now August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8137 moves into retirement and into a new Marsh Yellow Crest, and numerous spe- moving this bill through the House in a phase of his career. We are sorry he is cies of fish, insects and plant life. timely fashion. leaving but we wish him very, very The plan also includes a veterans I am very pleased with the success of well. cemetery which will occupy close to everyone’s bipartisan efforts. The hard f 1,000 acres on the arsenal property. work and commitment by all involved This cemetery, which will be one of the demonstrates what can happen when THE ILLINOIS LAND largest in the United States, will serve people work together to make a dif- CONSERVATION ACT more than a million veterans and their ference. The SPEAKER pro tempore. Under a families within a 75-mile radius. The The plan approved by the House yes- previous order of the House, the gen- site of the cemetery, known as Hoff terday is a win-win-win for taxpayers, tleman from Missouri [Mr. WELLER] is Woods, is a beautiful and tranquil set- veterans, conservation, and working recognized for 5 minutes. ting of forests and rolling hills; a per- families. Mr. WELLER. Mr. Speaker, yester- fect location for a nation for a national Mr. Speaker, I submit for the RECORD day the House passed H.R. 714, the Illi- cemetery. a Chicago Tribune article regarding the nois Land Conservation Act, with over- The plan also includes two sites, a legislation to convert the former Joliet whelming bipartisan support. While a total of 3,000 acres, to be used for eco- Arsenal. similar bill passed the House last ses- nomic development. These two sites [From the Chicago Tribune, July 16, 1995] sion, time was short and the Senate did are seen as ideal for job creation, and A CRITICAL MOMENT FOR JOLIET ARSENAL not have time to act on the bill. I am many manufacturing companies would Legislation to convert the former Joliet pleased we were able to move the bill find sites like these well suited to their Arsenal to peacetime uses is a congressman’s through the House and I am working needs. Not only is the land equipped for dream: It offers so much good in so many with my Senators to ensure that the economic development, but there are a ways—for generations to come—that it is al- series of water wells and pumping sta- most impossible to oppose. legislation moves quickly through the That’s why it has enjoyed such broad-based other body with bipartisan support. tions with the capacity to pump up to and remarkably bipartisan support so far, I would like to take a minute to 77 million gallons of water each day. from citizens, business people, preservation speak briefly about the importance of This portion of the redevelopment plan groups and local officials to the Illinois Gen- this legislation. This bipartisan meas- is very important to the surrounding eral Assembly, Gov. Jim Edgar, the Clinton ure is supported by virtually the entire communities. This use of the land will administration and U.S. representatives and Illinois delegation, the Governor of Il- put many local men and women to senators on both sides of the aisle. linois Jim Edgar, a large number of work and stimulate the economy. The It has been moving efficiently through veterans, environment and conserva- Illinois General Assembly has already Congress, but now it faces another critical hurdle with the House Agriculture Commit- tion organizations, business and labor, created the Joliet Arsenal Economic tee—which holds lead jurisdiction on the leg- private citizens and a broad coalition Development Authority to effectively islation—about to take it up for rec- of groups interested in making this implement this plan. ommendation to the full House. If the com- project a reality. H.R. 714 serves as a This bill will also benefit the Amer- mittee approves—and it is strongly urged to model for communities looking at fu- ican taxpayer. Upon receiving the land, do so—the plan could have final approval by ture use for closed and surplus military the USDA plans to sell surplus assets the August break. facilities. such as railway equipment and steel The legislation almost made it through the In April 1993, the Joliet Army Ammu- from the arsenal property. The Con- last Congress, until last-minute technical mischief by U.S. Sen. John Glenn (D–Ohio) nition Plant was declared excess Fed- gressional Budget Office estimates a stalled it. It was a blow to retired U.S. Rep. eral property. Congressman George result of asset sale receipts totaling George Sangmeister (D–Ill.), who spear- Sangmeister appointed a citizens plan- $3.5 million over fiscal years 1996 and headed the arsenal-conversion movement. ning commission that developed a re- 1997. Agricultural leases on the prop- His successor, U.S. Rep. Jerry Weller (R–Ill.), use plan, which is encompassed in my erty currently bring in about $1.1 mil- resurrected it with the pledge to make it his legislation. This innovative land use lion in receipts annually. Also, USDA top legislative priority. plan could very well be seen as a model expects to collect annual user fees of That he has done, and the new version of the legislation may be even better than the for converting base closures into peace- about $3 million from visitors to the old, clearing potential stumbling blocks, time uses. It will create the largest na- new Midewin National Tallgrass Prai- providing a more detailed transfer procedure tional tallgrass prairie east of the Mis- rie. In sum, CBO estimates that enact- and adding some additional benefits—includ- sissippi, and will have enormous envi- ing H.R. 714 would decrease outlays by ing tapping the arsenal’s vast water supply ronmental, economic, and educational about $1 million in 1996, $1 million in for development and for nearby commu- benefits to offer for many years to 1997, and $2 million in 1998 for a total nities. come. In our increasingly urbanized so- savings of $4 million over the next 3 A less comprehensive Senate version would have to be reconciled, but U.S. Sen. Paul ciety, it is important to take note of years. Simon (D–Ill.) is leading cooperation toward the opportunity we have to preserve The hard work and commitment of that end. such a large tract of land for wildlife many people went into the success of The genius of the concept is its provision habitat and prairieland preservation, this bill. Of course, I would like to for mixed use, a model for this type of con- and also to incorporate a national cem- thank former Congressman George version. etery to honor those veterans who have Sangmeister, who initiated this proc- Of the 23,500 acres, almost 1,000 would be served their country, and to improve ess. I would also like to thank the Gov- set aside for a new veterans’ cemetery, the ernor of Illinois Jim Edgar, and my fel- largest in the system and one desperately the economy and create jobs. needed in the Midwest. The largest portion of the arsenal low Illinois colleagues who have sup- Will County would get more than 400 acres property, 19,000 acres, will be trans- ported this concept plan. Special for a landfill, with provision to give the ferred to the National Forest Service thanks go out to Fran Harty and Brent Army space for non-hazardous waste from its for creation of the Midewin National Manning of the Illinois Department of arsenal cleanup. Tallgrass Prairie. This is very crucial Conservation, Jerry Adelman and the Some 3,000 acres would be set aside for in- to a State that once had more than Openlands Project, John Turner of the dustrial development under a state author- ity, generating both jobs and new tax reve- 43,000 square miles of prairieland, most Conservation Fund, Ruth Fitzgerald of nue for local communities. of which has now been developed into the Will County Center for Economic And the centerpiece, of course, would be towns and cities. Over 6 million people Development, Don Walden the head of the transfer of 19,000 acres to the U.S. Forest live within 45 miles of the land. Trails, my veterans advisory committee, and Service to create the Midewin National camping, wildlife watching and other Lt. Col. Alan Kruse former Commander Tallgrass Prairie, the largest of its kind east recreational activities are planned. of the Joliet Arsenal. Of course, I also of the Mississippi—an oasis for human recre- ation and wildlife prosperity in reach of The proposed prairieland is home to extend my gratitude to Chairmen PAT some 8 million people in a 60-mile radius. many species of birds and animals that ROBERTS, BUD SHUSTER, TOM BLILEY, For all this, the Congressional Budget Of- are on both Federal and State endan- and FLOYD SPENCE; and to the majority fice also estimates that transfer of the arse- gered and threatened lists. Among whip TOM DELAY, and majority leader nal could save the federal government $4 these are the Upland Sandpiper, the DICK ARMEY for their assistance in million over 3 years. H 8138 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Too good to be true? Certainly too good to not on behalf of the workers. Let me curbing the regulatory excesses of delay. repeat, Republicans are going to ex- OSHA; our bill seeks to restore the Mr. HUNTER. Mr. Speaker, will the tremes not on behalf of workers, but on freedoms OSHA has taken away. gentleman yield? behalf of an unscrupulous employer, Mr. Speaker, allow me to quote from Mr. WELLER. I yield to the gen- the Overnight Co. the sixth amendment to the Constitu- tleman from California. The management of Overnight, from tion. ‘‘the accused shall enjoy the right Mr. HUNTER. I thank the gentleman the CEO on down, has been violating * * * to be confronted with the wit- for yielding. I wanted to say I was the rights of employees all across this nesses against him.’’ Mr. Speaker, walking by the floor when I saw the Nation. under current OSHA policy that right gentleman making his presentation, Since 1994, Overnight has mounted an does not exist. If OSHA shows up on and those of us on the Committee on illegal national campaign to prevent your doorstep today to investigate an National Security were very impressed employees from exercising their right alleged violation, you as an employer with your plan for the Joliet Arsenal. to come together for better wages and have no right to know who reported a We have waived jurisdiction so it can working conditions. Overnight’s ac- violation. That policy encourages go on down an expedited process to tions have resulted in literally hun- OSHA to be used as a tool of disgrun- come to fruition. dreds of employee complaints. These tled employees and labor negotiators. When the people of your congres- complaints include all of the gross vio- Our bill will require that employees sional district have this great asset, lations of worker protections law: fir- work with employers to correct safety and this program is completed, they ing employee leaders; threatening to problems. I have heard critics complain will have one person to thank for it, close facilities if employees unionize; that employees will be afraid to ques- and that is JERRY WELLER. We appre- withholding pay increases for employ- tion workplace safety for fear that an ciate your work on this, and anything ees that vote to organize, while grant- employer may take action against that we can do in the Committee on ing pay increases to others; and prom- them. Maybe these people have forgot- National Security to expedite it, we ising better benefits if employees do ten about bureaucracies like the Na- are there, and I thank the gentleman. not exercise their right to unionize. tional Labor Relations Board or the f The people who were subject to this labor lawyers salivating over a case treatment are just like you and me— like that. Anyone who believes that an b 1730 they have families, they are struggling employee does not have recourse to make ends meet, and they are trying NLRB CUTS AND THE CASE OF against an employer probably thinks to play by the rules. Yet, Overnight, OVERNIGHT TRANSPORTATION Medicare isn’t going bankrupt. with the support it seems of Repub- Mr. Speaker, I had the privilege of COMPANY licans, is denying those people their testifying before the Small Business The SPEAKER pro tempore (Mr. rights. Committee last week on OSHA reform. METCALF). Under a previous order of Obviously, Overnight believed it was It reminded me why OSHA reform is so the House, the gentleman from Califor- above the law. Under the laws of this important. OSHA regulations strangle nia [Mr. MILLER] is recognized for 5 Nation, it is illegal for an employer ‘‘to small businesses. OSHA threatens the minutes. dominate or interfere with the forma- livelihood of small business men and Mr. MILLER of California. Mr. tion or administration of any labor or- women all over America. It is just that Speaker, the debate we are having on ganization * * *’’ simple. the Labor HHS Appropriations bill is After NLRB authorized the request of When OSHA sends out a 6-inch thick about people, not government pro- an injunction against the flagrant vio- document on Air Quality, a small busi- grams. It is about the extremes to lations of Overnight, Republicans ness owner doesn’t say to himself which Republicans will go to protect sprang into action to prevent the in- ‘‘Wow! Here’s a way for me to make my special interests. junction from actually being sought workplace safer for my employees.’’ In- There is a very striking, specific ex- and to influence the settlement. But stead, he says ‘‘How am I ever going to ample of how this bill sacrifices work- Republicans are not stopping there. figure out what is in here? Will I have ing families for the ignoble cause of ca- They hope to exact punishment and re- to hire someone just to figure it out? Is tering to special interest. This bill pun- venge on a judicial body that decided it going to force me to lay-off a worker ishes an independent agency on behalf cases against Republican special inter- or raise my prices?’’ Mr. Speaker, I ask of an unscrupulous employer, the Over- est. you, is it any wonder that small busi- night Transportation Co. Even some Members on the other side ness are terrified of OSHA? Let’s be clear about one thing, this of the aisle were shocked by the cater- In my opinion, here lies OSHA’s basic has nothing to do with reducing the ing to special interest. Republican Rep- flaw * * * OSHA acts as though the budget deficit. It has everything to do resentative JOHN PORTER was quoted as only people who care about workplace with eliminating the independence and saying ‘‘To my way of thinking, you safety live here in Washington, DC. impartiality of the National Labor Re- don’t cut judicial bodies because they Nothing could be further from the lations Board. The NLRB is a judicial make decisions you don’t like.’’ truth. Small business men and women body. It is not supposed to respond to I could not agree with my colleague throughout America are deeply con- thinly-veiled threats from Members of more. To my way of thinking, Mr. cerned about workplace safety. Their this Congress. Speaker, we were not elected to dis- employees are often family. Employers But certain Members have written to regard the interest of the people in want safe workplaces. They need help the judges of the NLRB that if they did favor of special interest. This bill is ex- from OSHA. A 6-inch stack of regula- not decide an issue in favor of the treme and will hurt working families tions and the threat of a costly fine do Overnight Co., the agency will be tar- only to help special interests. This bill little to improve workplace safety. A geted for severe cuts. And when the should be resoundingly rejected. new improved OSHA will work with judges used their independent judg- f employees to teach them how to make ment, Republicans went looking for the workplaces safer. We must have a blood. The cuts in this bill for NLRB OSHA REFORM NEEDED carrot to go with the stick OSHA has are severe: 30 percent, while most other The SPEAKER pro tempore. Under a grown so addicted to. OSHA should agencies were cut only 7.5 percent. previous order of the House, the gen- spend as much of the taxpayers money Indeed, the Wall Street Journal re- tleman from Georgia [Mr. NORWOOD] is trying to educate employers as they do ported recently that an Overnight lob- recognized for 5 minutes. trying to collect fines. byist worked closely with a Republican Mr. NORWOOD. Mr. Speaker, by now Mr. Speaker, I am not convinced that congressman to insure that NLRB be it is no secret that I want to change OSHA can ever be reformed. However, issued a dramatic cut and that its judi- the way OSHA does business. I have if it is ever to be reformed, the steps cial procedures be tied up. come to the floor many times to talk taken in H.R. 1834, the OSHA Reform This unprecedented interference by about the excesses of OSHA. But our Act, will make a real difference. I Republicans in the duties of judges was OSHA reform bill is not simply about strongly encourage my colleagues to August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8139 stand up for workplace safety and co- legal—but, cut 650 full-time-equivalent 10th grade. She then left home and sponsor H.R. 1834, the OSHA Reform positions and see how many of these started following a band called the Act. employers are going to be able to se- Grateful Dead. She became part of a f cure the assistance of the NLRB to subculture called the Deadheads. bring a cease-and-desist order against They used her for a couple of years or CUTS IN NLRB BAD FOR the union that continues to use these so until she ran out of money in Cali- MANAGEMENT AND LABOR tactics and disrupt the workplace. fornia and started living on the beach The SPEAKER pro tempore. Under a What I really want to ask is: How and having to beg for money and beg previous order of the House, the gen- will causing inordinate delays in proc- for food. tleman from California [Mr. MARTINEZ] essing complaints—including disposing Then she got involved in selling is recognized for 5 minutes. of frivolous or unsupportable com- drugs. She came to Knoxville, got Mr. MARTINEZ. Mr. Speaker, it plaints—be beneficial to employers? caught and had to spend 12 years of a never ceases to amaze me how this Re- Employers, employees, or unions who nonprobatable sentence in the Ten- publican juggernaut continues on its go to the NLRB sometimes do so be- nessee Penitentiary for Women. way, not thinking and unconcerned cause that is the only way to avoid es- After she was arrested, she found out about the consequences of its actions. calating a disagreement to the level of she was pregnant, and she had twins A case in point is found in the labor ap- confrontation or violence. which were delivered while she was in- propriations bill we are considering That is why the Board was created in carcerated and had to be turned over to this week. the first place. the State of Connecticut where she was The Appropriations Committee pro- If you take away the capability of originally from. poses reducing the funding of the Na- the Board to deal efficiently and quick- I became horrified from what I heard tional Labor Relations Board by 30 per- ly with those disagreements, you are from those young people about how cent. They also, of course, propose to ensuring that there will be confronta- their lives were ruined when they be- change certain statutory rules—rules tions and battles. came attracted to this band, the Grate- that have stood the test of time, and This proposal is, like the rest of this ful Dead, and became part of this hor- which used to be the province of au- appropriation bill, a perfect example of rible subculture called the Deadheads. thorizing committees. shortsightedness. So you can imagine how interested I Why? So that the employers of this Because well over 90 percent of all was when I picked up Sunday’s Wash- country will be freed from the yoke of Labor disputes are settled before they ington Post and read on the front page labor—and can return to being produc- become the subject of a formal NLRB of the Outlook section of a column, an tive and profitable in this highly com- action, because the staff of the Board is article, a lengthy article entitled ‘‘Un- petitive world economy. If anyone real- now available to resolve disputes be- Grateful Deadheads, My Long, Strange ly believes this, I have some oceanside fore they grow. Trip Through a Tie-Dyed Hell,’’ by property in Arizona I will sell you— Cut this budget by 30 percent and em- Carolyn Ruff. what’s been happening for years is that ployers, employees, and unions will I wanted to read just a portion of this those employers who aren’t capable of wait months instead of days for resolu- article because there may be some peo- changing their business operations to tion of complaints. And the number of ple here tonight or some parents who keep up with the times, and who only complaints is unlikely to drop—the are listening whose young people are look on labor as a tool, not a partner, NLRB does not bring the complaints— attracted to things like this. I do this and who can’t force lower wages and unions, workers, and employers bring sort of as hopefully a warning for these benefits on their workers have been the complaints. young people to get some help. Carolyn moving to Mexico and the Far East So, how can reducing the budget of Ruff wrote this: with impunity. And those that can’t this agency get Government off the She jumped from a window of a seedy move will now work with impunity to backs of workers and employers? motel on Market Street in San Francisco. eliminate workers’ right to organize It cannot. From a room full of Deadheads she consid- and to force down wages and benefits. Vote against this bill. ered to be her family, she climbed out onto the ledge and then took one more step for- Since the NLRB will no longer be able f to carry out its responsibilities. ward. No one made any attempt to stop her. Lost in their zeal to unlevel the play- b 1745 I was on the street below and to this day re- main thankful I was looking the other way. ing field is the real reason we have the DEADHEADS I don’t even remember her name anymore. I NLRB in the first place—to bring bal- suspect few remember her at all. ance to the management-union-em- The SPEAKER pro tempore (Mr. We met at a Grateful Dead show in North ployee situation, to protect each of the METCALF). Under a previous order of Carolina. It was the end of the Dead’s fall three elements from the others. the House, the gentleman from Ten- tour of 1989, I had just completed my first So, cutting the NLRB will mean less nessee [Mr. DUNCAN] is recognized for 5 full tour and she had finished what would be protection for the employers and em- minutes. her last. She was a bright, beautiful runaway ployees who have had to go to the Mr. DUNCAN. Mr. Speaker, as some from a loveless home in Pittsburgh. Like many of the hundreds on the tour, she was Board for redress against unreasonable people here know, I spent 71⁄2 years as a criminal court judge in Tennessee try- attracted to the scene around the Grateful actions by unions. Dead as much as the band itself. In the When the Portland Local of the Unit- ing felony criminal cases, the bur- Deadheads, she thought she saw family. ed Food and Commercial Workers at- glaries, the rapes, the armed robberies, When we saw each other again a few tempted to force grocery store owners the murder cases, the drug cases, the months later in Miami, I was shocked by her into firing employees because of failure most serious cases. As everyone can mental deterioration. She rambled gravely to pay union dues, the Board stepped in imagine, I saw many very sad things about how her closest friends had stolen her to prevent the union from doing some- during those years. However, one of the clothes and her money. She shamefully re- thing clearly in violation of the law. saddest cases involved what was then, counted having sex with men in exchange for and may still be, the biggest drug case food and drugs. She had lice in her hair. She The fact that these workers were not was hungry, lonely, miserable. Another represented under a union contract was every to hit the city of Knoxville. Deadhead suggested that she medicate with central to the decision. Four young people brought 72,000 hits acid to cleanse the dark thoughts from her This bill would prevent the NLRB of LSD from California and were ar- head, and then swim in the ocean to rinse from prosecuting employers who find rested in a raid at the Hilton Hotel. the black film on her soul. This home rem- union organizers taking jobs in a non- One of the four was a very beautiful edy failed and a young life was lost within union firm solely to organize the work- young woman, just 1 month past her months of our meeting. ers, a practice called salting. 18th birthday. She testified that she I continue to read from this column I know that employers who find started with marijuana in the 7th from the Washington Post, as Carolyn themselves the subject of salting think grade, and because she handled that Ruff put it this past Sunday: they will be assisted by this bill, be- with no problem, she went on to co- Contrary to the image laid out by the cause it allegedly makes such action il- caine in the 9th grade and heroin in the Deadheads themselves, life on tour these H 8140 CONGRESSIONAL RECORD — HOUSE August 1, 1995 days is far from peace, love and smiles. Cap- and smiles. Capitalism, greed and betrayal are also adept at panhandling, although this italism, greed and betrayal would be more would be more apt descriptions. is not a profitable choice for survival. apt descriptions. Today’s Deadheads wear the tie-dyed cos- The drug trade is also an easy and rather In my seven years as a devoted Deadhead tumes of a past generation but aren’t pro- lucrative route to sustenance. With persever- including two spent touring the country, I pelled by the same sense of moral rebellion. ance, one can usually find suppliers of acid, came to take for granted that people would If bygone Deadheads were protesting war and mushrooms or ecstasy to resell, and the ris- steal from a friend’s backpack and rational- social strife, today’s seem only to be dissent- ing popularity of crack and heroin on tour is ize their actions. I saw friends sleep with ers from real-world monotony. Unfortu- opening up new markets. There is the nui- other friends’ partners. I saw young women nately, like many of my generation’s dis- sance of undercover agents from the Drug sexually assaulted after being unwittingly contents, they are cynical, savy and unhappy Enforcement Administration, to say nothing dosed with acid. I saw someone give a with their lives. of fellow Deadhead narcs, but this can add an friend’s dog acid just to watch it lose it In my seven years as a devoted Deadhead— element of excitement to a new career— mind. I saw people stranded in a strange city including two spent touring the country—I which for today’s Deadheads is a tonic in it- because their friends were impatient to hit came to take for granted that people would self. the road. I saw people trash their friends steal from a friend’s backpack and rational- My initiation to the Grateful Dead came in motel rooms, knowing that they would not ize their actions. I saw friends sleep with 1986 and coincided with the band’s resur- be held responsible for the damage. other friends’ partners. I saw young women gence back then. I was in college and had With no legal system within the Deadhead sexually assaulted after being unwittingly been more interested in the Clash and Flip- culture, these injustices go unchallenged. dosed with acid. I saw someone give a per than wearing bells on my shoes and tie- I do not have time, tonight, Mr. friend’s dog acid just to watch it lose its dyeing every white shirt I owned. But after mind. I saw people stranded in a strange city going to a few shows I grew enchanted, with Speaker, to read this entire article. the band and with the hordes of colorfully But I do commend the Washington because their friends were impatient to hit the road. I saw people trash their friends’ attired people who seemed like happy chil- Post for writing this and Carolyn Ruff motel rooms, knowing that they would not dren at recess. I worked every conceivable for bringing this horrible subculture of be held responsible for the damage. retail job to finance my indulgence, choosing the Deadheads to the attention of so With no legal system within the Deadhead positions where there was little commit- many people. culture, these injustices go unchallenged. ment. With the money I had saved and the Mr. Speaker, I include for the Thankfully, violent acts of retribution have cushion of a few credit cards, I was able to traverse the country with relative financial RECORD the article to which I referred. been few, but who knows if it will someday security. It also helped that I had family [From the Washington Post, July 30, 1995] come to that? The common reaction when this sort of incident occurs is to get a bit that, though preferring I settle down and get THE UNGRATEFUL DEADHEADS meaner, shrewder and make a plan to do it a job, made clear that I could rely on them MY LONG, STRANGE TRIP THROUGH A TIE-DYED back to someone else. Eventually. I came to if things got desperate. HELL dislike the music of the Dead because of the It might have been different had I joined (By Carolyn Ruff) association I made between the band and its the tour earlier. One retired Tourhead who followers. requests anonymity for fear of losing a re- She jumped from a window of a seedy spectable job says the late 1980s ushered in a It would be unfair to imply that all of motel on market Street in San Francisco. more amoral environment. ‘‘The demise of those on tour engage in such loathsome be- From a room full of Deadheads she consid- the Dead scene began in 1987 when going to havior. There are many who revel in the ered to be her family, she climbed out onto shows became like going to some sort of pop shows and demonstrate respect not just for the ledge and then took one more step for- scene,’’ says this ex-Deadhead who himself their fellow Tourheads but for the cities they ward. No one made any attempt to stop her. was eventually scared away by the violence. visit. Their sole desire is to immerse them- I was on the street below and to this day re- He blames alcohol abuse for what he sees as selves in the music and peacefully co-exist main thankful I was looking the other way. an increased incidence of fighting, show- with others who feel the same. But the domi- I don’t even remember her name anymore. I crashing and other disruptive behavior. nant culture is not so sanguine. suspect few remember her at all. Today’s version of tour is a mockery of We met at a Grateful Dead show in North In an attempt to escape the society they so what the original Dead followers created. Carolina. It was the end of the Dead’s fall disdain, the Deadheads have created a world There is an attempt to form family units, tour in 1989. I had just completed my first underpinned by the same materialism and but too often they aren’t bound together by full tour and she had finished what would be greed. Whether it be overpricing their wares loyalty and trust. The members travel to- her last. She was a bright, beautiful runaway or selling crack and ecstasy, the looming gether, bunk together and, theoretically, from a loveless home in Pittsburgh. Like specter of capitalism rules supreme, and it is provide the love and support that one might many of the hundreds on the tour, she was every bit as ruthless as that of the American bestow on a relative. And, to a degree, there attracted to the scene around the Grateful mainstream. is a sense of sharing: In spurts of generosity, Dead as much as the band itself. In the Newcomers naive enough to think other- one person or a few will support the others Deadheads, she thought she saw family. wise quickly have their misconceptions dis- by buying the gas or paying for the motel When we saw each other again a few pelled. I met quite a few 14- and 15-year-old room. But typically this generosity is born months later in Miami, I was shocked by her kids who came to tour without a penny and of necessity—everybody else is broke. mental deterioration. She rambled gravely thought they could turn to other Deadheads Rarely do the relationships that develop about how her closest friends had stolen her for support. Somehow, they thought money transcend each person’s own selfishness. clothes and her money. She shamefully re- didn’t hold the same relevance that it does Usually, the break occurs over money— counted having sex with men in exchange for elsewhere. But unless you’re a Trustfund someone feels they’ve been cut out of a drug food and drugs. She had lice in her hair. She Deadhead, sustained by the family fortune, deal, or grows tired of supporting a parasitic was hungry, lonely, miserable. Another everyone needs a scheme. Selling veggie family member. Deadhead suggested that she medicate with sandwiches is one option, as is hawking jew- To survive on tour, it helps to have emo- acid to cleanse the dark thoughts from her elry or clothing. To make these business go, tions encased in steel. Courtesy is not man- head, and then swim in the ocean to rinse some Deadheads trek to Central America be- datory and verbal assaults, rude comments the black film on her soul. This home rem- tween tours to buy the Guatemalan jewelry and sexist remarks are common in the edy failed and a young life was lost within and garb so popular among Dead followers. course of a motel room conversation. People months of our meeting. Others make their own products to sell. And refer to each other freely as ‘‘sister’’ or That indecent occurred five years ago, but with a steady flow of suburban kids who ‘‘brother’’ but there was rarely the accom- recent headlines surrounding the Grateful have the cash to spend on a $5 tofu burger panying intimacy. Practically everyone goes Dead have taken me back to that time and and a $20 T-shirt, these entrepreneurs have by a nickname—Woodstock, Scooter, Zeus, to my own days on tour. As the itinerant an ideal location at Dead shows. Rainbow, Jinx. Often, I never knew people’s band celebrates an astonishing 30 years on But these business ventures take a level of real first names, and rarely did I know their tour, it has been dogged by misfortune— initiative and planning beyond what most last. There was a degree of secrecy which lightning struck fans earlier this summer at Tourheads are willing to expend. More typi- supposedly stemmed from a paranoia of the RFK Stadium in Washington, several dozen cally, people make just enough money to law, but sometimes I wondered whether people were arrested outside a Dead concert cover food, lodging, their concert ticket and going by a fake name among friends was just in Albany and for the first time in three dec- enough gas to get to the next city. If you are a way of preventing anyone from getting too ades, a scheduled concert was canceled in In- not good at selling or at least scamming, you close. diana for fear of crowd violence. None of this will not make it on tour. Many Deadheads, So what’s the beauty of it all? The ques- can be directly attributed to the band itself, while professing distrust and disdain for the tion for many on tour is probably: What’s but the incidents are nonetheless beginning government, make it by accepting food the alternative? to expose a darker, more malevolent side of stamps and other public hand-outs. A walk ‘‘There is this core group of Tourheads who the Grateful Dead milieu. Contrary to the down the streets of Berkeley or San Fran- have dropped out of society and their only image laid out by the Deadheads themselves, cisco, a popular hub of between-tour activ- alternative is to follow the Dead,’’ says Jill, life on tour these days is far from peace, love ity, is evidence enough that many Tourheads another former Deadhead. These people live August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8141 for tour to resume each season, but quickly I am a member of what used to be Now, in this bill, also there is a 34- grow disgusted. They boast of making called the Education and Labor Com- percent cut planned for the dislocated enough money from the present tour to buy mittee, which is now called the Eco- workers program. That means that that land in Oregon and settle down. But 140,000 fewer workers will be helped more typically their money is blown on lav- nomic and Educational Opportunities ish hotel rooms, expensive meals, beer and Committee. And the minute the new finding new jobs, workers who need drugs. Strung out and broke, they’re left Republican majority took control, they help in getting the skills for jobs in our scrambling for someone to support them changed the name of the Committee. changing economy due to increased until tour begins again. They purged the word labor out of the corporate and defense downsizing. We And so a cycle evolves: Many may want to Committee and purged the word labor talk about welfare reform. We want to try a new life but have become ensnared in out of all the subcommittees. That, to keep people off the welfare rolls. We the tour culture. Financially, they know no want to get people off the welfare rolls. other way to make money other than selling me, sums it all up. They want to just wares on tour. Socially, whether they truly purge labor, purge labor unions and How do you do that, by cutting the dis- like them or not, the people on tour are the purge the working men and women of located workers program which helps only friends they have. Alienated and fearful this country. people get jobs, train jobs and find of what the real world is about, they settle The cuts in OSHA in this bill, and jobs? into what they know best: The Dead. OSHA takes care of the health and It makes no sense whatsoever. So we Every time there is a scare that the Dead safety of American workers, they slash must stop punishing the workers of may stop touring, I find myself worrying OSHA enforcement programs by 33 per- this country in order to fund initia- about the lost souls who know nothing else tives like tax cuts for the wealthy. The but the parallel world of the Grateful Dead. cent, a third. This would decimate the Many are talented and have skills adaptable agency’s enforcement program, leaving American workers deserve better from to the mainstream. It’s those who use the millions of working Americans with no us. Dead simply as an escape who will have dif- where to turn for safety and health My father was an iron worker. I re- ficulty adjusting to life without tour. Sadly, protections. With 17 workers dying on member walking the picket lines with I cannot picture their future. the job each day, these shortsighted him during a strike when I was a boy. They will surely endure the loss of the Workers do not want to strike. They do Dead’s live performances, but can they han- cuts will increase this carnage sharply. OSHA laws did not just happen over- not want to lose pay. They do a strike dle the end of tour? That possibility seems only as a last resort. The attitude that ever more zeal with the current malaise sur- night. They came in gradually. And we rounding the band. As the amount of vio- have now had OSHA protection for 50 we see in some quarters in this new lence and police confrontation has grown, so or 60 years. And we have seen that as Congress, making workers a pariah, is have concerns about how to curtail it. A long as we have had the OSHA protec- just unbelievable. Davis-Bacon reform, group calling itself Save Our Scene has tion, American workers, less and less Davis-Bacon protects prevailing wages formed in an attempt to quash disruptive be- American workers have been injured, so people in my area of the country, havior. And through newsletters and the New York City, where there is a very, Internet, band members have practically maimed or killed on the job so the OSHA laws are working. Why would we very high cost of living can get a de- begged their fans to clean up their act. If cent wage. We do not want to depress they don’t, the Dead will stop touring’ or so want to turn the clock back to before they threaten. the time there were these protections? people’s wages and have cheap labor In an open letter passed out to Deadheads Why would we want to endanger the coming in from elsewhere, but that is at a recent St. Louis show and later posted health and safety and welfare of Ameri- exactly what happens if Davis-Bacon is on the Internet, the Dead told fans that ca’s workers? repealed, and the Republicans are ‘‘over the past 30 years we’ve come up with In this bill, the National Labor Rela- again assaulting Davis-Bacon. Some of the fewest possible rules to make the dif- us believe that $4.25 is not enough for ficult act of bringing tons of people together tions Board is also cut by 30 percent. Currently the National Labor Rela- anybody to live. That is the minimum work well—and a few thousand so-called wage. We think it should be raised. Our Dead Heads ignore these simple rules and tions Board has the power to prevent screw it up for you, us and everybody.’’ and fix unfair labor practices commit- Republican friends do not want to raise Arguably, it is not the Tourheads who are ted by employers and safeguard em- the minimum wage; they want to responsible for the bad behavior, but local ployees’ rights to organize. The cuts eliminate the minimum wage. kids who view the parking lot at a Dead This is backsliding. This is not what will result in severely weakened work- show as an invitation to party with complete ought to be done. That is only the ers’ rights to fair and decent conditions abandon. Tourheads can blame the less de- labor part of this bill. What we see voted concert-goers, but it is these ‘‘out- on the job. Now, as rationale in all the hearings later on in education is even worse. siders’’ who buy the goods that sustain the I urge my colleagues to look at this we have held in the committee, people Tourheads lifestyle. And it is the Tourheads legislation, to vote against it. We hear who have created the atmosphere that is so who want to eliminate OSHA and want the votes still are not there. We ought appealing to revelers in the first place. to eliminate the NLRB say, you know, to defeat this bill, if it comes up this The Dead went on to say, ‘‘If you don’t these impose very big hardships on em- have a ticket, don’t come. This is real. This week, and hopefully reason will pre- ployees and most employers are good. I is a music concert, not a free-for-all party.’’ vail. To me, the issue of blame isn’t really rel- agree, most employers are good and f evant. The real question is: How long did they are responsible. Those are not the anyone think the party could last? employers that we are worried about. b 1800 f To those employers who do what is right and do what they are supposed to WE MUST KEEP MEDICARE IN OPPOSITION TO THE LABOR- be doing and protect the health and AFLOAT HHS-EDUCATION APPROPRIA- safety of their workers, OSHA ought The SPEAKER pro tempore (Mr. TIONS BILL not to affect them. It is those few em- METCALF). Under a previous order of The SPEAKER pro tempore. Under a ployers who do not care about the the House, the gentleman from Min- previous order of the House, the gen- health and safety of their workers nesota [Mr. GUTKNECHT] is recognized tleman from New York [Mr. ENGEL] is which is the reason why OSHA laws for 5 minutes. recognized for 5 minutes. were put into effect in the first place. Mr. GUTKNECHT. Mr. Speaker, au- Mr. ENGEL. Mr. Speaker, I want to So now we are going to throw the thor Stephen Covey likes to tell a speak about the proposed cuts in the baby out with the bathwater. Instead story about the Navy captain of a ship Labor-HHS-Education appropriations of trying to fix what is broken, we who is adrift in a rather stormy sea bill because in the 7 years I have been want to gut the whole program and one night and he saw a light coming at fortunate enough to serve in Congress, throw the baby out with the bathwater him. He orders his signalman to con- this bill is truly the worst bill I have and leave American workers exposed. tact the oncoming vessel and ask him ever seen. This bill is nothing less than To me worker safety is not a Demo- to change course 20 degrees. So the a frontal assault on the working men cratic issue or a Republican issue. It is message is sent out, and very quickly a and women of this country. The cuts an American issue. I do not know why message comes back, ‘‘You change will only serve to decrease productiv- my Republican friends want to gut the course 20 degrees.’’ The captain is a lit- ity, increase costs and cost lives. program. tle upset by this message coming back, H 8142 CONGRESSIONAL RECORD — HOUSE August 1, 1995 so he sends back and says, ‘‘This is a more kids born in 1951 than any other money is fungible. In other words, the U.S. naval battleship. We demand that year. The bad news is the baby boomers award of Federal dollars makes it pos- you change course 20 degrees.’’ The will start to retire in about 15 years. sible for an organization which gets a message comes back, ‘‘We are the That is going to have a disastrous im- grant to use more of its own money for lighthouse.’’ pact on the Medicare fund as we go for- advocacy, instead of having to use it to Mr. Speaker, I think the story is ward. provide services. analogous to the problem we have with That is why the trustees, Mr. Speak- However, Mr. Speaker, that argu- Medicare. Right now the message is er, have made it so clear that we need ment is not enough to warrant placing coming back that we are on a collision to change course. Like that battleship, unprecedented restrictions on what course with disaster. We are headed for we are getting the clear signal that we Americans may do with their own the rocks, and unfortunately, the Medi- are headed for the rocks, we are pick- money, and certainly not enough to care system is picking up speed. ing up speed, things need to change. warrant fiddling with first amendment In the private sector, we are seeing in What we are proposing, really, are rights. Who would be subject to these the general economy inflation rates of modest changes in the Medicare sys- limitations? Church groups that re- about 3 percent. What we are seeing tem. ceive Federal funds through their city with Medicare is about 101⁄2 percent. We What we are trying to do is work to run a homeless shelter, small busi- all know, at least I think we all know, with all of the providers, with seniors, nesses that receive loans from the if we do not know, in fact it is avail- with other groups, to try and come up SBA, low-income nursing mothers and able in a little yellow booklet that is with solutions. The good news is if we infant children who use the WIC Pro- being distributed, the board of trustees look at the private sector and what has gram to supplement their diets, farm- of the Medicare trust fund came out happened in the private sector over ers who utilize federally funded irriga- several months ago with a report, and just the last 18 months, we see some tion projects, children who receive sub- in it they said many things. I think it good examples of how costs can be con- sidized school lunches, students who is important that Members of this body tained. As a matter of fact, before I receive a college loan. The list is end- and Members of the general public be came to this Congress I was a Member less, and the answers to the questions as informed as possible about what of the Minnesota State Legislature. I are unclear, because the bill is so am- they in fact said. was on the Health and Human Services biguous as to what qualifies a grant. Let me read some of the quotes. For Committee. In fact, the bill says that the term example, they said, ‘‘The Medicare pro- I remember just a few years ago ‘‘grant’’ includes the provision of any gram is clearly unsustainable in its being told that we were going to see Federal funds or other thing of value, present form.’’ They went on to say, double-digit inflation rates in the something of value. Are not WIC bene- ‘‘It is now clear that Medicare reform health care system for as far as the eye fits or food stamps things of value? Is needs to be addressed urgently as a dis- could see. In the private sector, private not an irrigation system a thing of tinct legislative initiative.’’ They said, insurance carriers, private employers, value? Is not a school lunch a thing of ‘‘We feel strongly that a comprehensive literally sat down and said, ‘‘This sim- value? The sponsors of this language Medicare reform should be undertaken ply cannot be allowed to continue at believe they are not, but the bill makes to make this program financially this rate,’’ so they employed a number absolutely no distinction. It would be sound now and in the long term.’’ of different methods to try and control up to the courts to decide whether a The message is coming out loudly those costs. The good news is we have thing of value is a grant or not under and clearly from our own lighthouse seen virtually zero inflation in the pri- this confusing and wide-open defini- that Medicare is on a collision course vate sector over the last 18 months in tion. A person may be getting a so- with disaster. Yet some folks tend to Minnesota, so it can be done. called grant and not even know it, and pretend that nothing is wrong and that We have examples in the private sec- if so, he will soon have to file reports we do not have to change course. In tor with just a little bit of working to- to the IRS telling them now much he fact, the board’s report stated: ‘‘Under gether. I think if the House and Senate got and detailing how much money he a range of plausible and demographic can work together, if Republicans and spends writing to his Congressman to assumptions, the HI Medicare program Democrats can work together, I am express his opinions. It is his right as is severely out of financial balance in confident that we can use some of the an American, but he had better be pre- the short range, adding that the HI same things that have worked so effec- pared to report it to the Government. fund fails the solvency test by a wide tively in the private sector to control margin.’’ costs here in the public sector, and par- How ironic. How ironic it is, in an Mr. Speaker, I would encourage any- ticularly as it relates to Medicare. age when we are supposed to be shrink- one who is watching on television at It is an undeniable fact, Mr. Speaker, ing the Federal bureaucracy, that the home or other Members who are watch- you cannot sink half of a boat. We are solution to the imaginary problem of ing in their offices, if they do want a all in the same boat together. I think federally subsidized advocacy is to re- copy they can call 202–225–3121 and get we owe it to ourselves, to the tax- quire thousands and perhaps millions the number of their Member. I know payers, to the 36 million current bene- of people to file new forms with the that the Government Printing Office is ficiaries to keep this ship afloat. IRS, reporting what they said to their elected representatives, and how fre- running a bit behind in terms of keep- f ing up with the demand for these re- quently they said it. ports, but I think it is important that THE LABOR–HHS APPROPRIATIONS Mr. Speaker, I will be supporting an if people would like to get a copy for BILL amendment to remove these provi- themselves, they can read for them- The SPEAKER pro tempore. Under a sions, because I do not believe they selves about what the Medicare trust- previous order of the House, the gen- have been well thought out, and they ees have said about the future of Medi- tleman from New Jersey [Mr. certainly have not been examined thor- care. MENENDEZ] is recognized for 5 minutes. oughly enough, given the sweeping Mr. Speaker, that is the bad news, Mr. MENENDEZ. Mr. Speaker, this changes the bill would make to the but unfortunately, it gets worse. Not week the House will consider the rights of Americans to petition their only does the fund begin to spend more Labor-HHS appropriations bill. I think elected officials on issues of concern to money than it takes in just next year, Americans need to be aware of provi- them. and not only does the fund go bankrupt sions that were inserted into the bill Remember, we are not talking about in just 7 years, the really bad news is that would severely curtail advocacy using Federal money to lobby. That is that people my age, I happen to be the by organizations that receive Federal already prohibited under the law. We peak of the baby boomers. As a matter grants. are talking about the use of private of fact, when I graduated from college, The bill currently sharply limits the money. We are talking about stopping I remember the speaker at our com- amount of private money a Federal advocacy by groups on behalf of, for ex- mencement address was director of the grantee may use to lobby elected offi- ample, the mentally or physically U.S. Census. He told us that there were cials, the reason being, ostensibly, that handicapped, if they receive a grant in August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8143 their organization; by a college or uni- dated with speculation on why this cri- step in Medicare reform, today I intro- versity, if they receive a grant; by an sis happened, whose fault it is, and duced the House version of Senate leg- antipoverty agency, if they receive a even whether the crisis is for real. islation to expand criminal and civil grant; by a woman’s group if they re- Frankly, Mr. Speaker, sometimes in monetary penalties for health care ceive a grant. The list is endless. I be- this debate there has been more heat fraud, to ensure a stronger, better-co- lieve there is a conspiracy to silence than light. ordinated efort in deterring fraud. Mr. voices in America that some do not Mr. Speaker, as a Member of the Speaker, looking ahead to the future of want to hear from. Committee on Ways and Means, I have Medicare, looking at ways to protect However, Mr. Speaker, if the House been seeking a legislative solution to its solvency and provide a faster, fair- wants to insist on going ahead with the Medicare crisis which simplifies er, nonpartisan process for controlling this ill-conceived plan and if we cannot and strengthens the program, while costs, today I introduced legislation to strike the provision, then I intend to preserving it for future generations. create an independent Commission on offer an amendment that will put more Congress must find this solution quick- Medicare. people on a level playing field. The bill ly and get it right, or we will leave the The Commission to Save Medicare seeks only to control lobbying or advo- public to face draconian budget cuts Act of 1995 is designed to permanently cacy by groups which receive Federal for seniors, or punitive tax increases protect the Medicare trust fund. The grants. That ignores a whole host of for working families. Commission proposed in my legislation other benefits which the Federal Gov- With the extremely short period of would consist of seven members chosen ernment provides, all of which makes time Congress has to formulate a solu- in an entirely bipartisan manner, ap- it possible for the recipients to spend tion, I think it is vitally important to pointed by the President, and subject more money on lobbying. All of these follow a three-step approach: Item one, to Senate confirmation. The members benefits are every bit as fungible as to clean up the fraud and abuse; item would serve full time, and would con- grant money, yet there is no attempt two, to legislate a solution which pre- sist of people who are nationally recog- to address them. serves and protects senior benefits; and nized for their expertise in health care We have newspaper accounts of tax- three, make sure the crisis does not policy. The Commission would report exempt organizations paying for flying happen again. to Congress and to the President annu- politicians around the country, paying With this in mind, I have introduced ally on the per capita value of services for their television ads or distributing two separate pieces of legislation to delivered of the Medicare benefits materials promoting a certain political address the most overlooked aspects of package and the projected growth in agenda. They are more than abundant. the process, cleaning up the fraud, and the program expenditures. In April of Meanwhile, the Federal Government is establishing a mechanism to allow for each year, Congress would set a target allowing it to go on tax-free. That is a a faster and less political approach to for Medicare spending for the upcom- benefit that is not only fungible, it is the threat of bankruptcy, to ensure ing year. worth more than all of the grants that that we never get to this point again. Mr. Speaker, I believe the combina- this bill tries to deal with. Mr. Speaker, the costs of fraud and tion of this Commission and the new Therefore, Mr. Speaker, if my amend- abuse to the health care system in gen- sanctions against fraud and abuse will ment is passed, any politician that ac- eral are staggering, with as much as 10 make the Medicare Program solvent in cepts tax-exempt dollars to promote percent of the U.S. health care spend- the long haul, and that has to be part his or her political agenda loses their ing being lost to fraud and abuse every of our solution. Federal salary. The group that pro- year. Over the past 5 years, estimated f vides the money has to pay taxes on it. losses from health care fraud totaled That is lobbying reform with real about $418 billion, or as much as four b 1815 teeth. If the issue is fungibility of times the cost of the entire savings and money, let us not give the high and loan crisis to date. BUDGET PRIORITIES mighty who have certain access to non- Two of the most severely abused pro- The SPEAKER pro tempore (Mr. profit organizations an opportunity to grams are Medicare and Medicaid. An METCALF). Under a previous order of have their voices heard, but have the extensive report compiled by one of our the House, the gentlewoman from Or- voices of Americans across the country Senate colleagues states that for these egon [Ms. FURSE] is recognized for 5 silenced. two programs, the Federal Government minutes. f pays out over $27 billion every year in Ms. FURSE. Mr. Speaker, at the fraudulent claims. These figures are start of what I have to say, I am just THE MOST IMPORTANT CHAL- even more disturbing in light of the really amazed by the analysis I have LENGE IN FIXING THE MEDI- fact that only a tiny fraction of the heard of the Medicare Board of Trust- CARE CRISIS: PREVENTING THE bad boys who rip off the Federal health ees’ report. I read it and nowhere did I PART A TRUST FUND BANK- care programs are identified and pros- find that they recommended a $270 bil- RUPTCY ecuted. Even when they are caught, lion cut in order to give a tax break to The SPEAKER pro tempore. Under a they are often allowed to keep right on the privileged few. previous order of the House, the gen- doing business with the Federal Gov- Mr. Speaker, what I really want to tleman from Pennsylvania [Mr. ENG- ernment, and with other health care talk about today is budget priorities. I LISH] is recognized for 5 minutes. plans. want to remind you that this Congress Mr. ENGLISH of Pennsylvania. Mr. For example, an alarming number of has really only power over discre- Speaker, addressing the crisis in Medi- allegations of fraud and abuse have tionary spending. That is about 54 per- care by preventing the Part A trust been leveled against agencies that pro- cent of the budget, and that 54 percent fund from going bankrupt may be the vide services to homebound elderly and is divided equally, 50–50, between mili- most important and the most difficult disabled. In February of this year the tary and nonmilitary spending. Well, challenge for this Congress. Mr. Speak- HHS inspector general proposed that that is, it was divided that way. er, Medicare is part of a social compact ABC Home Health Services, Inc., which Mr. Speaker, we have all heard all we have with America’s seniors. We in provides home health care services in this talk about how we are going to cut Congress serve as fiduciaries for this 22 States through 40 wholly-owned sub- waste in this new Congress, we are program, charged with the ultimate re- sidiaries, should be excluded from Med- going to balance the budget. But we sponsibility for its solvency. icare and State health care programs may be surprised to hear that all of the This spring the Medicare board of for a period of 7 years for padding its cuts, all of them; I repeat, all the cuts, trustees, including three members of cost reports with false and fraudulent have come from nonmilitary spending. the Clinton Cabinet, reported that entries that were unrelated to Medi- Did the military budget get a cut? No; Medicare will start running a deficit care patient care. This is simply unac- it did not. In fact, it got a huge in- next year, and will be broke by the ceptable. crease. year 2002. Medicare will be broke in 7 Mr. Speaker, to combat this problem Now, poll after poll shows that the years. Since then, we have been inun- and to provide an initial fundamental average American wants Pentagon H 8144 CONGRESSIONAL RECORD — HOUSE August 1, 1995 spending either kept the same or cut, Shame—I think it is a shame—when GINGRICH has said it on the same plat- but they do not want it increased. In we have such very skewed economic form. So it is appropriate that we, on a the Republican plan, one star wars ac- priorities. I would say that they are bipartisan basis, deal with the reality, count, yes, we are still funding star not, in my view, the priorities of my that it is going broke. wars, was actually increased 111 per- constituents. I hope that we will look Mr. HOKE. Mr. Chairman, will the cent over last year’s level. That is for sane, commonsense economic prior- gentleman yield? nearly $400 million more than the ad- ities. Mr. KINGSTON. I yield to the gen- ministration requested. Mr. Speaker, I f tleman from Ohio. think this is wrong and I would submit Mr. HOKE. This is the report that we BOARD OF TRUSTEES’ REPORT ON that the American people might think are talking about, right? MEDICARE this is a wrong use of their money. Mr. KINGSTON. That is the April 3, Now, it is true that we have made The SPEAKER pro tempore. Under a 1995 report. enormous cuts. But I would like to talk previous order of the House, the gen- Mr. HOKE. Mr. Speaker, this is a about what those cuts are, and keeping tleman from Georgia [Mr. KINGSTON] is summary of the report by the trustees. in mind that those cuts are at the same recognized for 5 minutes. It is like an annual report to the Amer- time we are increasing Pentagon Mr. KINGSTON. Mr. Speaker, I do ican people on the Medicare trust fund, spending, while some of the cuts have want to say one thing to the gentle- Social Security trust fund and other been direct attacks on our children and woman from the opposite party. On trust funds, but Medicare trust fund. our country’s future. The Republicans Pell grants, the Labor-HHS bill in- The President said it is going broke, have approved cuts that would deny creases Pell grants to the highest level the Speaker has said it is going broke. that it has ever been increased to, and Head Start, the most successful pro- Mr. KINGSTON. And the President’s so perhaps we could provide some infor- gram, everybody agrees on that, deny appointees. mation to her constituents on that, or it to 180,000 children nationwide by the Mr. HOKE. Mr. Speaker, would the her office, so she can get it to those year 2002. In addition, Pell grants. Pell gentleman explain to me then why the 3,000 students. But Pell grants are grants that help our young people get minority leader on Meet the Press Sun- going up higher than ever before. Head to college, they will be denied to 360,000 day morning said, this is a hoax? The Start is also funded at a very high students in 1996. In fact, in my district, Republicans are saying, because the re- level. It is increased 128 percent over 6 3,000 students in Oregon will not have a port says the fund will have solvency years. Ryan White’s funding has actu- chance to go to college because of problems in the year 2002, there is an ally increased. Special education fund- these cuts. Then they are also attack- emergency. This is a hoax. Where is the ing is funded at $3 billion, $230 million ing the environment. hoax? I do not understand. Is this a Mr. Speaker, let me tell you some of more than President Clinton proposed. Perhaps it is just a matter of not sham? Were they making this up? the cuts in the environment. There is agreeing with what the educational Mr. KINGSTON. Mr. Speaker, this is an elimination of all funding for listing priorities are. But I think that clearly, the first I have heard of it. President of endangered and threatened species. this bill does put a very high priority Clinton has come forward an said that These are species on which the fishing on education. We may not agree with this is going broke. It is not a Demo- industry depends. We need support for all of the education programs that the crat-Republican thing. Now, it may be these endangered species, but we are Democratic Party does, but this bill is in the Congress that certain Members cutting all of the funding. There is a extremely proeducation, and I hope of Congress prefer the old tactic. You 40-percent reduction in solar and re- that the members of the opposite party know, when in doubt, run to the sand. newable energy, a 33-percent reduction will look at that, and maybe join in the Mr. HOKE. Mr. Speaker, I do not in the EPA budget, including a $765 process of balancing the budget, which want to delay the gentleman’s special million cut in clean water funding. I think is very important for us to do order, but I think the American people There is a 17-percent cut in all of the on a bipartisan level. deserve to read this report themselves Environmental Protection Agency en- Maybe I am just out of it; maybe I do and make their own decision. I would forcement. not know the ways of Washington, but urge every American to call 202–225– Well, what about the cuts to seniors? I do think that it is very easy to sit 3121, ask your Representative at 202– I talked about the $270 billion cut in there and say well, I would not have 225–3121, to send you, mail you a copy Medicare. We have eliminated the low- cut that, I would not have cut that. I of this report. It is the annual report of income energy assistance program. mean, where is your balanced budget? I the Medicare trustees to the president This new Congress has cut senior nutri- mean, do not nickel and dime things of the United States. tion programs by $24 million. The older that you do not like unless you are Mr. KINGSTON. Well, thank you for worker programs, $46 million in cuts. going to come with a total package of that. Here is the actual dollar figures. All at the same time that we are in- where your balanced budget is. But just the bottom line, more will be creasing the Pentagon, we are cutting Now, Mr. Speaker, if I could get going out than is coming in. On an NBC from children, from the environment, those charts, I would like a little bit Nightline report the numbers were that and from seniors. about the trustees’ report on Medicare. the average couple’s contribution to Mr. Speaker, I would wonder, and I This is one that Mr. HOKE has used. Medicare, $69,000. The average amount would wonder if the American people This time, it is not time to hide our going out per couple is $186,000. So you would agree, that to cut away at these heads in the sand on Medicare. The do not have to be a mathematician to security protections, the security of trustees clearly said, the Clinton-ap- know that we have a problem. It is good education, safer streets, healthy pointed trustees of the Medicare plan, going broke. Let use accept that. children and seniors, a safe and healthy said that Medicare is going broke by Now, let us in a bipartisan fashion fix environment, is the right priority. Is the year 2001. This is the plan, there is it. Let us fix it in a fair way. Let us do that the priority that we believe in in a report on it, we can get members of it so that it is not just on the backs of this country? I would say it is the the public a report on the trustees’ the senior citizens, and let us do not do wrong priority. plan. it on the backs on the future genera- Mr. Speaker, it is also important to The trustees were appointed by tions. Let us do it across the board. We realize that all of these cuts will not President Clinton. Here is a Secretary need to simplify it. We need to save it, reduce the deficit, because the Repub- of the Treasury Robert Rubin, Sec- we need to strengthen it. There are a licans have a budget which increases retary of Labor, Robert Reich, Sec- lot of options that are out there for us. Pentagon spending, gives a tax break retary of Human Services, Donna Mr. Speaker, just a couple of the to the privileged few, so we are taking Shalala. They have said that Medicare things that we can do. No. 1, offer a all of the cuts out of children, the envi- is going broke. President Clinton said choice, the same choice that you and I ronment, seniors, and we are not even in his June 11 appearance in New as Members of Congress have, the same reducing the deficit. Hampshire that it is going broke. NEWT choice that our friends have. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8145 The SPEAKER pro tempore. Under a Ms. KAPTUR. You are talking about and that does not include an additional previous order of the House, the gentle- over $8,100 a year, so I would disagree $500 for transport to Washington. The woman from Hawaii [Mrs. MINK] is rec- with the gentleman. per diem cost of $930 for 6 days was fig- ognized for 5 minutes. Mr. KINGSTON. I thank my friend. ured—has my time expired? Is that [Mrs. MINK of Hawaii addressed the Mr. HOKE. I am reclaiming my time. what that means? House. Her remarks will appear here- Mr. KINGSTON. Mr. Speaker, I can This is very disappointing, Mr. after in the Extensions of Remarks.] answer it in 30 seconds if the gen- Speaker. I will seek time later, perhaps f tleman will let me. Please, the lady is the gentlewoman from Ohio will give right, medical inflation on Medicare is me some time in exchange for the time DEPARTMENT OF ENERGY’S TRIP going up 10.15 percent a year, but regu- I gave her. TO SOUTH AFRICA lar insurance inflation is at about 4 The SPEAKER pro tempore. Under a percent, and in the private sector, f previous order of the House, the gen- some corporations are actually having TITLE X FUNDING tleman from Ohio [Mr. HOKE] is recog- a 1-percent decrease. So what we are nized for 5 minutes. going to do, trying to do through all of The SPEAKER pro tempore. Under a Mr. HOKE. Mr. Speaker, I yield to these options, is slow down the rate of previous order of the House, the gen- my friend from Georgia, Mr. KINGSTON. that increase so we can get—— tleman from California [Mr. FARR] is Mr. KINGSTON. Let me just con- Mr. HOKE. Mr. Speaker, reclaiming recognized for 5 minutes. clude with what some of the options my time, we are going to slow it down Mr. FARR. Mr. Speaker, I rise in are that we are looking at, because I to about 6.5 percent per year, and we strong opposition to the majority think it is important that our seniors believe, there is every reason to be- party zeroing out funding for title X, know that we want to have reform lieve, that we as Americans looking which is our Nation’s critical Family plans that will simplify and strengthen forward are going to be able to do that, Planning Program. Medicare, and yet give them all of the we are going to be able to save Medi- choices that they deserve, and one of care, strengthen it, improve it, and The title X Family Planning Pro- them would be to keep the current simplify it all at once. gram was created in 1970, with broad Medicare plan that they are under. The bipartisan support, as part of the Pub- other one is a coordinated benefit plan. b 1830 lic Health Service Act. It was enacted Mr. Speaker, another possible option For some reason, and I know that we and signed into law by then-President is an employer association Medicare have been feeling very bipartisan to- Richard Nixon, creating for the first plan, because currently if someone is night, it just irritates me that the mi- time a comprehensive Federal program 65, they are forced off the private sec- nority leader would call this report a devoted entirely to the provision of tor insurance, but they may want to hoax, or at least say that we are trying family planning services on a national keep it, and they may want to stay on to create a hoax. I am not sure exactly basis. their employer’s plan. We want to give what he meant. Every American should Mr. Speaker, in his message on popu- seniors that option. read this. Call (202) 225–3151, ask your lation growth and the American future, Then there is the medical savings ac- Representative for a copy. Nixon declared that ‘‘No American count, which would give seniors the Mr. Chairman, I want to move on to woman should be denied access to fam- right to save money and pocket the dif- something having to do with the De- ily planning assistance because of her ference at the end of the year on what partment of Energy. As the chairman economic condition. I believe, there- they save on their own health care of the Committee on the Budget’s na- fore,’’ he continued, ‘‘that we should costs. We, under these plans, are pro- tional security task force, I have been establish as a national goal the provi- jecting a spending increase of about examining the Department of Energy’s sion of family planning services to all $1,900 per person, going roughly from defense activities. I introduced H.R. who want, but cannot afford them.’’ $4,816 per person to $6,734 over this 1628, creating the Nuclear Programs Today, title X continues to be the time period to the year 2002, a 7-year Agency, which would be responsible for time period. glue that holds the national family nuclear weapons activity and environ- planning service delivery system to- Mr. Speaker, this is not a Medicare mental cleanup for former DOE de- cut. We keep hearing from the hide- gether, largely determining both its fense-related facilities. structure through its nationwide net- their-head-in-the-sand Members of As a result of that study and respon- Congress that we are trying to cut work of clinics and the substance of its sibility that I was given on the Com- services that are provided to low-in- Medicare. This is not a cut. Now I mittee on the Budget, I discovered that know Washington DC math does funny come and moderate-income women and Energy Secretary Hazel O’Leary di- tricks, but this is not a cut. teenagers. In 1990, alone, 5.3 million rected the transfer of $400,000 from de- So to conclude, we want to simplify family planning clients were served by fense activities to the Office on Non- Medicare, we want to say that we want clinics administered by title X-sup- proliferation and National Security to to strengthen it. I am confident that ported agencies. pay for her security when she is travel- we can do it, and I am glad to say that Mr. Speaker, there has been a lot of ing. it will be on a bipartisan basis, because misconception about the use of these Of particular concern is the $241,000, there are a lot of Members of both par- title X funds. The far right claim that which was transferred from the mate- ties who are stepping forward to make title X money is somehow used to pay riel support program, responsible for the tough decisions and do what is for abortions. Nothing could be further the production, surveillance, and safe- right for our American citizens. from the truth. Since its inception in guarding of special nuclear materials Ms. KAPTUR. Mr. Speaker, will the 1970, the title X statute has prohibited including tritium. Tritium is a gas gentleman yield? the use of the program’s funds for abor- that is critical to the ignition of ther- Mr. HOKE. Mr. Speaker, I yield for tions as a method of family planning. monuclear warheads. just a moment. Actually I want to talk In addition, congressional investiga- about something else, but very quick- Secretary O’Leary has recently or- dered the 23 DOE program offices, the tions during the 1980’s found that all ly. title X-funded clinics were operating in Ms. KAPTUR. Mr. Speaker, just tak- Office of Congressional Affairs, the Of- full compliance with the law. Of the ing a very brief time, in looking at this fice of Public Affairs, the general coun- more than 4,000 title X-funded clinics chart there, I have seen this chart sev- sel’s office, others, to pay the advance nationwide, approximately 80 provide eral times, but we know health insur- costs of at least two invitational dele- abortions, all with other than title X ance is rising faster. gation members, each, for a trade mis- Mr. HOKE. Reclaiming my time—— sion that is going to take place leaving funds, without exception. In fact, more Ms. KAPTUR. The 7 years you are on August 18 for 6 days to South Afri- than 50 percent of these clinics are in talking about—— ca. hospitals. Mr. HOKE. Mr. Speaker, regular According to an internal DOE memo, Mr. Speaker, let me tell my col- order. the estimated cost per person is $9,570, leagues about title X and what it does. H 8146 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Besides providing contraceptive meth- and Izie Reddick. It was called the In- the Transportation and Infrastructure Commit- ods, family planning clinics conduct re- dustrial and Educational Institute and tee, Roger Slagle, and to express, on behalf lated tests and examinations, includ- Mr. Stevens was its first President. of the committee, my gratitude to Roger for his ing: pelvic exams, blood pressure meas- The institute underwent many changes hard work, wise counsel, wonderful sense of urement, anemia screening, Pap smear over the years, including several reor- humor, and great personal friendship. tests, diabetes, urinary tract infection ganizations and expansions. In 1919, it screening, pregnancy tests, HIV test- was made a regular State school by the Roger will be retiring next week after nearly ing, well-baby care, infertility counsel- legislature and in 1951, it became the two decades of Government service and advo- ing, prenatal care, midlife health pro- Kansas Technical Institute. cacy for a sound and balanced transportation grams, and mammography screening. In its 60 year history, this African- system. Health care services are also provided American institution graduated thou- After graduating from Georgetown University to men, including STD treatment, STD sands of students in technical trades. in 1976, Roger came directly to the Hill to screening, HIV testing, infertility Many of the institute’s graduates went work on the Senate Commerce Committee. counseling, and testicular cancer on to become business owners, doctors, Then in 1981, he moved to Los Angeles screening, among others. nurses, lawyers, and other profes- where he served ably as the chief liaison for The importance of family planning is sionals, making one of the most signifi- Federal and State Governments for the South- widely recognized. According to the In- cant contributions to the development ern California Rapid Transit District. Roger stitute of Medicine Committee to of black leadership in the State of Kan- joined the House Public Works and Transpor- study the prevention of low sas. tation Committee in 1988, and to our advan- birthweight, it is important to stress Mr. Speaker, I would like to com- tage, he came with a storehouse of knowledge that both young teenage status and mend the Kansas Technical Institute poverty are major risk factors for low for its critical part in our history. and experience on transportation issues. birthweight, and title X is specifically MENNINGER HOSPITAL HONORED AS BEST One of the great truths of Capitol Hill is that targeted at low-income women, includ- HOSPITAL IN PSYCHIATRY IN THE NATION good staff work is the foundation of sound leg- ing adolescents. As such, the program Mr. Speaker, on another matter that islation. I strongly agree and think of Roger as should be regarded as an important happened in my district this past a perfect example of that. His understanding part of the public efforts to prevent low month, U.S. News and World Report of transportation issues and effective commu- birthweight. named America’s best hospitals. In its nication skills have combined to guide us on Mr. Speaker, according to the March sixth annual hospital guide, U.S. News the committee in making many intelligent deci- of Dimes Birth Defects Foundation, worked with the National Opinion Re- sions. Roger's imprint can be found on many ‘‘Family planning counseling and serv- search Center, assessed hospital care significant pieces of legislation. During the ices are essential elements of pre- nationwide and ranked hospitals across committee's consideration of the Intermodal conception and interconception care. the country in 16 specialties. A random Surface Transportation Efficiency Act in 1991, We affirm that family planning should selection of American Medical Associa- be an integral part of prenatal care to or ISTEA as it has come to be known, Roger tion members and nonmembers were was an energetic advocate for the cause of improve pregnancy outcome.’’ asked to rank the five hospitals they mass transit. Frankly, Roger is recognized as Mr. Speaker, I urge my colleagues to considered the best among the best in one of the most knowledgeable people in tran- join me tomorrow and vote against the the Nation’s 1,600 tertiary care centers. Labor-HHS rule which prohibits an I am proud to state that Menninger sit issues in Washington and as a leading ex- amendment to restore funding to title Hospital, located in Topeka, KS, was pert among transit people in the Nation. Not X, and in the event that the amend- named the best hospital in psychiatry only does he have a solid understanding of ment to restore funding for title X in the Nation. Since its beginning, the transit law, but he also knows many of the ruled in order, I urge my colleagues to Menninger clinic has been the foremost systems around the country first hand, making support it. Support restoring these institution in applied psychiatry in the it a point to see them and ride the systemÐ vital title X dollars. world. Menninger offers an unparal- often without the local transit authorities know- f leled scope of treatment services, re- ing and providing escort. search, professional education, and pre- HONORING KANSAS TECHNICAL IN- Roger helped to ensure the recognition that vention programs. planning for effective and efficient transpor- STITUTE ON ITS HUNDREDTH In the past 12 years, Menninger has ANNIVERSARY tation systems is instrumental in helping to ad- been recognized as one of the country’s dress our Nation's clean air problems. He was The SPEAKER pro tempore. Under a top psychiatry centers of excellence 14 the lead on ISTEA on all the planning provi- previous order of the House, the gen- times by national publications. sions which helped local governments, giving tleman from Kansas [Mr. BROWNBACK] So, Mr. Speaker, I stand here pretty is recognized for 5 minutes. proud of what has happened in my dis- them the tools they needed to help put local (Mr. BROWNBACK asked and was trict in the past month; proud of my governments back in charge of their transpor- given permission to revise and extend district for all it has contributed to the tation planning processes. his remarks.) Nation, for African-American leader- Roger was the point man for the committee Mr. BROWNBACK. Mr. Speaker, it is ship development, for leadership in staff in formulating the Americans With Dis- my honor to stand on the floor of the psychiatric care, and I am pleased to be abilities Act, a monumentally important piece House of Representatives and recognize able to recognize that on the floor. of legislation in opening up access for our dis- an important part of Kansas and Amer- f abled citizens. ican history and that is the 100th anni- versary of the Kansas Technical Insti- The SPEAKER pro tempore. Under a In addition to being an extremely dedicated tute. One hundred years ago, the State previous order of the House, the gen- professional, Roger is a delightful individual of Kansas created the Kansas Technical tleman from New Jersey [Mr. PALLONE] with many varied interests. His personal travel Institute that changed lives, providing is recognized for 5 minutes. takes him all over the globe, and he delights careers and training for hundreds of [Mr. PALLONE addressed the House. in bringing back stories and artifacts and build- men and women. It became a source of His remarks will appear hereafter in ing upon his knowledge of interesting food and information, inspiration, and guidance the Extensions of Remarks.] diverse architecture. I have enjoyed working to thousands. f with Roger over these many years, admiring From the beginning, the KTI was his irrepressible spirit and respecting his tal- RETIREMENT OF ROGER SLAGLE more than a school. To the school fam- ent. ily, it became a mission to assist black The SPEAKER pro tempore. Under a women and men in pushing back any previous order of the House, the gen- As a friend and a colleague, Roger will be boundaries, real or perceived, that lim- tleman from California [Mr. MINETA] is missed on our committee. I join with his many ited their lives. recognized for 5 minutes. friends in wishing him the best in his retire- The institution was founded in To- Mr. MINETA. Mr. Speaker, I rise this ment. peka, KS, in 1895 by Edward Stevens evening to recognize a member of the staff of August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8147 NAFTA’S IMPACT ON AMERICA’S national drug policy in our government moros, the Gulf cartel dominates the eastern DRUG PROBLEM was quoted in the article as saying, delivery routes into Texas. The Jua´ rez-based ‘‘People desperately wanted drugs not Chihuahua cartel, run by Amado Carillo The SPEAKER pro tempore. Under a Fuentes, dominates the central border. At previous order of the House, the gentle- to become a complicating factor for the other end, strategically straddling the woman from Ohio [Ms. KAPTUR] is rec- NAFTA and there was a degree of il- busiest of all border crossings, the Tijuana ognized for 5 minutes. licit activity that was just accepted.’’ cartel dominates Pacific delivery routes. To (Ms. KAPTUR asked and was given ‘‘What a shame for us as a country,’’ defend this coveted turf from rivals, the permission to revise and extend her re- the article states. It talks about a com- Arellanos have hired what amounts to a pri- marks.) munity just south of our border in vate army, ranging from federal and state Ciudada Juarez, Mexico, where the bod- police to members of San Diego gangs. Ms. KAPTUR. Mr. Speaker, let me This is not just a Mexican problem but a also add my congratulations and ies of police informants, people who U.S. one. Integration of the continent’s thanks to Keith Jewell, who has served want to try to help, turn up around economies, formalized by the North Amer- as chief in our Office of Photography this sprawling border city, their ican Free Trade Agreement, is increasingly for so many years, for his distinguished mouths sometimes stuffed with one of binding our fates. A populous, unstable Mex- service, for his courtesy, for his good the fingers that they might have point- ico corrupted by narco-dollars threatens to humor, for all the years that he has ed at drug traffickers. if you try to be subvert prospects for regional economic ex- served here, and we wish him very well an honest citizen, if you try to help, pansion, overwhelm U.S. capacity to absorb immigrants, add to budget deficits with ex- in his future endeavors. We hope he you can be sure that you will be shot pensive bailouts and, as demonstrated by the will stop back many times to see us. for your desire to try to deal with this harm inflicted on the dollar by the plunge of Mr. Speaker, today I would like to critical issue. the peso, undermine our global stature and call upon the Clinton administration to As Mexico’s political and economic standard of living. Economic integration convene a very high level working ties to the United States have mandates a common political currency: group, reporting directly to the Presi- strengthened, American demand for il- democratic accountability and the rule of dent, to address the ever more serious legal drugs has helped a new genera- law. and growing illicit drug trafficking tion of Mexican traffickers to consoli- [From the New York Times, July 30, 1995] problem facing us from Mexico, Central date their power, carving out an ever- MEXICAN CONNECTION GROWS AS COCAINE America, and South America. larger share of the world’s drug trade SUPPLIER TO U.S. This drug scourge is truly crippling and posing a growing threat on both (By Tim Golden) ´ our Nation: every one of our neighbor- sides of the border. CIUDAD JUAREZ, MEXICO.—The bodies of po- hoods, every town, every city, 80 per- lice informants still turn up around this If we do not do something both in the sprawling border city, their months some- cent of the crime in this country, the southern United States and in Mexico, times stuffed with one of the fingers they burglaries, the robberies, murder, 80 Mexico will take over from Colombia might have pointed at drug traffickers. percent of the people in our prisons and in a few years as the traffickers’ head- As Mexico’s political and economic ties to our local jails, all related to the drug quarters of choice, undermining de- the United States have strengthened in re- problem. mocracy, undermining commercial de- cent years, American demand for illegal Recently, three penetrating articles velopment and, in fact, undermining drugs has helped a new generation of Mexi- appeared in publications across the can traffickers to consolidate their power, the very free trade agreement that was carving out an ever larger share of the country that detailed the magnitude of supposed to be helped out by wiping world’s drug trade and posing a growing this assault on civilized society. One of out this drug trafficking. threat on both sides of the border. them appeared in the Nation magazine ‘‘If we don’t do something, both in the on July 10, 1995, written by Andrew b 1845 southern United States and in Mexico, Mex- Reding, entitled ‘‘The Web of Corrup- American officials, who once ico will take over from Colombia in a few tion: Narco-politics in Mexico.’’ trumpeted Mexican cooperation in years as the traffickers’ headquarters of He talks about the problem not just fighting drugs, now worry that the choice,’’ the United States Ambassador to being a Mexican problem, of course, Mexico, James R. Jones, said. ‘‘It will under- Government of Mexico has lost control mine democracy. It will undermine commer- but a problem for our country as well. of most of its police. When the authori- cial development. It will undermine free He then points out that integration of ties located a leading cocaine traf- trade.’’ our continent’s economies, formalized ficker last month after his rented American officials who once trumpeted by the North American Free Trade Learjet crashed as he flew to a wedding Mexican cooperation in fighting drugs now Agreement, is increasingly binding our in Guadalajara, they needed army worry that the Government has lost control fates. He talks about the importance of of most of its police. When the authorities troops to capture him. The city’s fed- located a leading cocaine trafficker last a populous, unstable Mexico corrupted eral police commander and most of his month after his rented Learjet crashed as he by narco-dollars threatening to subvert deputies were on the trafficker’s pay- flew to a wedding in Guadalajara, they need- prospects for regional economic expan- roll, and while America’s officials lav- ed army troops to capture him. The city’s sion. He adds that economic integra- ishly praised Mexico’s cooperation in federal police commander and most of his tion requires a common political cur- fighting drugs under the prior Presi- deputies were on the trafficker’s payroll, of- rency, starting with democratic ac- dent, Mr. Salinas, growing evidence in- ficials said. While American officials lavishly praised countability and a rule of law. dicates that protection for the traffick- Then this past Sunday, in the New Mexico’s cooperation in fighting drugs under ers reached high into his administra- Mr. Salinas, growing evidence indicates that York Times, on July 31 and then yes- tion. protection for the traffickers reached high terday, Monday, there were two superb I urge the American people, I urge into his Administration. Those directly im- articles summarizing the Mexican con- President Clinton, to read these arti- plicated in taking bribes include former fed- nection growing as the chief cocaine cles I am going to put into the RECORD. eral police commanders and two of the ad- supplier to our country. In the article Let us get serious. Let us deal with a ministration’s three drug enforcement direc- on Sunday and yesterday, the authors real war on drugs in this country. It is tors. expressed a concern that the fate of the American officials say huge amounts of ripping our Nation apart. drug money have flowed into Mexico’s tour- North American Free Trade Agreement (The articles referred to are as fol- ism, transportation and construction indus- [NAFTA], got caught up in collusion by lows:) tries, helping to fuel the speculative rise of our Government with the Government [From the Nation magazine, July 10, 1995] the economy until last year. Without offer- of Mexico to not deal with the growing ing details, a senior F.B.I. official, James WEB OF CORRUPTION—NARCO-POLITICS IN Moody, asserted recently that many of the drug problems in order not to jeopard- MEXICO state-owned companies privatized under Mr. ize the passage of that treaty. (By Andrew Reding) The article says that both the Clin- Salinas had been bought by traffickers. ton and Bush administrations kept the The Tijuana cartel is one of three powerful The bursts of violence that have attended border cartels that manage the multi-bil- the traffickers’ rise have led many Mexicans problems of drugs and corruption from lion-dollar business of transshipping cocaine to fear that their country is sliding toward jeopardizing the trade accord and the from Colombia’s Cali cartel and heroin from the sort of terror that the Medellin cocaine new economic partnership that it sym- Southeast Asia and Pakistan into the United cartel unleashed on Colombia during the late bolized. A senior official for inter- States. At one end of the border, in Mata- 1980’s and early 1990’s. H 8148 CONGRESSIONAL RECORD — HOUSE August 1, 1995 In the last three years, the victims of drug- lease from the company indicates that working people in America is 7.5 per- related shootings have included the Roman their goal is to ensure the ‘‘supply of cent, a rate that has been increasing Catholic Cardinal of Guadalajara, a crusad- the highest quality medicines in the over the past 4 years. ing police chief of Tijuana, two former state most cost-efficient manner.’’ The press Most disturbing, children, according prosecutors and more than a dozen active and retired federal police officials. release also indicates that many of the to the report, were present in 85 per- operations at the plant ‘‘will be trans- cent of all poor families with at least TRADE PACT HELPS ALL ENTREPRENEURS ferred to other sites around the world.’’ one worker. Law enforcement officials say more and Far too often these days, the need for Between 1980 and 1992, income for the more drug cargoes are moving through Mex- ico into the United States as part of the wid- greater efficiency and the consider- top 20 percent increased by 16 percent. ening flow of legal commerce between the ation of other locations has meant that During that same period, income for two countries. corporations have sought cheaper labor the bottom 20 percent declined by 7 Clinton Administration officials insist that venues. percent. For the first 10 of those 12 the 19-month-old trade agreement has not The Businessweek article recounts years, between 1980 and 1990, there were quickened the flow of drugs through Mexico. the decision by a company, founded no votes to increase the minimum But United States Customs Service officials and based in Milwaukee since 1909, that wage. Without an increase in the mini- acknowledge that the smugglers are moving decided to move 2,000 jobs to other mum wage, those with little money end more of their drugs into the United States taking advantage of rising truck traffic and States where lesser wages could be up with less money. That is because a falling rate of inspections. paid. the cost of living continues to rise. The Washington Post made findings Mr. Speaker, that amount of money [From the New York Times, July 31, 1955] similar to Businessweek in a recent, makes a big difference in the ability of TO HELP KEEP MEXICO STABLE, U.S. SOFT- published article. Citing data from the families to buy food and shelter, to pay PEDALED DRUG WAR Bureau of Labor Statistics, the Post for energy to heat their homes, and to (By Tim Golden) confirmed that productivity and profits be able to clothe, care for and educate Concerned for Mexican stability and the are rising, but workers pay and bene- their children. That amount of money fate of the North American Free Trade fits is the smallest since 1981. makes the difference between families Agreement, officials said, the United States According to the Post, workers pay with abundance and families in pov- often exaggerated the Mexican Government’s has ‘‘been falling on an inflation-ad- erty. An increase in the minimum wage progress in the fight against drugs, playing justed basis for nearly 20 years.’’ It is would not provide abundance, but I can down corruption and glossing over failures. understandable that business would raise working families out of poverty. Above all, though, American officials said seek to be more competitive by cutting An increase in the minimum wage they were kept in check by the desire of the can be the kind of spark the economy Clinton and Bush Administrations to keep costs and reducing payrolls. But, this problems of drugs and corruption from jeop- approach can be short-sighted with needs to get moving again. ardizing the trade accord and the new eco- other considerations. It makes little sense to discuss wel- nomic partnership it symbolized. The Post article quotes Labor Sec- fare reform when working full time ‘‘People desperately wanted drugs not to retary Robert B. Reich, who observed does not make a family any better off become a complicating factor for Nafta,’’ that, ‘‘workers are also consumers, and than being on welfare full time. Work said John P. Walters, a senior official for at some point American workers won’t should be a benefit. It should not be a international drug policy in the Bush White have enough money in their pockets to burden. Work is a burden when, despite House. ‘‘There was a degree of illicit activity buy all the goods and services they are an individuals best effort, living is an that was just accepted.’’ Mexican and American officials also ac- producing.’’ unrelenting, daily struggle. Work is a knowledged that at least half a dozen top- Ultimately, the operations at the benefit when enough is earned to pay level traffickers, including the man now con- plant in my district and others that for essentials. sidered Mexico’s most powerful cocaine produce the various products, are fi- In addition, a recent study indicates smuggler, Amado Carrillo Fuentes, were ar- nanced by the very workers who now that job growth in America is lowest rested during the Salinas Government and face job loss and relocation. where the income gap is widest. Clos- quietly freed by corrupt judges or the police. The gap in income is growing be- ing the gap helps create jobs rather f tween those who have a lot of money than reduce jobs. Those who argue that and those who have less or little an increase in the minimum wage will A MODEST INCREASE IN THE MINI- money. That is unacceptable. cause job losses, fail to look at the MUM WAGE WOULD BOOST THE According to an earlier article in facts. The fact is that not increasing ECONOMY Business Week, the income gap ‘‘hurts the minimum wage has caused job The SPEAKER pro tempore (Mr. the economy.’’ Almost half of the losses. METCALF). Under a previous order of money in America is in the hands of Mr. Speaker, there are 117,000 mini- the House, the gentlewoman from just 20 percent of the people. That top mum wage workers in North Carolina. North Carolina [Mrs. CLAYTON] is rec- 20 percent is made up of families with Those workers are not just numbers. ognized for 5 minutes. the highest incomes. The bottom 20 They are people, with families and Mrs. CLAYTON. Mr. Speaker, I was percent has less than 5 percent of the children. troubled, although not surprised, re- money in their hands. A modest in- They are farmers and food service cently when I learned of the plans of a crease in the minimum wage could help workers, mechanics and machine oper- company in my district to relocate cer- the bottom 20 percent, and, it will not ators. They are in construction work tain of its production to other places hurt the top 20 percent. and sales, health and cleaning services, and to eliminate or relocate about 1,000 But, more importantly, a modest in- and a range of other occupations. Their jobs, over a 5-year period. crease in the minimum wage will result families helped build this Nation, and The downsizing of this plant is part in increases in other wages, and ulti- they can help rebuild it. of a disturbing trend that is sweeping mately a lifting of the standard of liv- They do not need charity, they need the Nation. ing for all workers, a narrowing of the a chance. A chance is a modest in- According to recent, credible news income gap between the very rich and crease in the minimum wage. We reports, across America, corporate other Americans and a boost to the should reward work, Mr. Speaker, profits are soaring, while wages remain economy. stimulate the economy and and lift stagnant and consumer spending con- The Department of Labor’s Bureau of this Nation up. We have time for Waco tinues to slow. Despite profits that are Labor Statistics recently released a re- and Whitewater, let us make time for at a 45-year high, Businessweek maga- port entitled, ‘‘A Profile of the Work- wages. zine reports that a ‘‘hard-nosed, cost- ing Poor, 1993.’’ In that report the Bu- f cutting philosophy * * * has spread reau found that in 1993, 1 in 5 or 8.2 mil- through executive suites in the 1990s.’’ lion of the 40 million people in poverty TRAVEL EXPENSES AT THE Although the fine details surround- in this Nation, had a job. DEPARTMENT OF ENERGY ing the company in my district’s deci- The study further pointed out that The SPEAKER pro tempore. Under sion have not been revealed, a press re- the poverty rate for the families of the Speaker’s announced policy of may August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8149 12, 1995, the gentlewoman from Wash- with non-Federal passengers. Let me furiously all day to vet or to purge the ington [Mrs. SMITH] is recognized for 40 give you what the four suggestions computer of this work so the graphics minutes as the designee of the major- were from the Inspector General, the would not show up, but it was designed ity leader. IG. and was going to be created and pur- Mrs. SMITH of Washington. Mr. First, prepare formal procedures for chased at taxpayers expense. I think Speaker, I yield to the gentleman from acquisition of international air serv- that it appears now the Secretary’s of- Ohio [Mr. HOKE]. ices including a clarification of respon- fice has canceled the T-shirt order, Mr. HOKE. Mr. Speaker, I very much sibilities for all interested parties. and, if I have anything to do with that, appreciate the gentlewoman from Second, implement full cost-recovery I am glad of that. Washington yielding so I could finish policy for non-Federal passengers as Obviously creating some T-shirts what I tried to start earlier with re- provided for in 10 C.F.R. 1009. that look like a rock concert is not the spect to just talking about some of the Third, establish a procedure which issue. The issue here is that there is an problems that have been exposed in the insures that the Department collects arrogant and flagrant abuse of tax- Department of Energy and Secretary passenger air fares before the trip oc- payer dollars with respect to travel ex- O’Leary’s travel. What I was saying be- curs. penses at a time that those pro- fore is that the Secretary has de- Fourth, establish accounts receivable grammatic moneys are being taken out manded that 23 of the DOE program of- for non-Federal passengers on the India of the area that specifically insure the fices each advanced moneys from their and Pakistan flights and aggressively safety and the safeguarding of our nu- program budgets to pay for at least pursue collection of air fare costs from clear programs in the Department of two of the invited delegation members those passengers. Energy. on a trade mission to South Africa. Well, those four steps have not been b These are for non-DOE employees. In taken. There does not appear to be any 1900 many cases those moneys are then re- plan to reimburse the program offices Mrs. SMITH of Washington. The gen- imbursed back, not to the program de- that fronted the money for the South tleman is making an example that is partments, program offices, but di- Africa trip. In fact, this has been the pretty flagrant, but people around rectly to the Secretary of Energy, and problem with previous trips, the pre- America see these things. They live the GAO has come out with a report vious trips to India and to Pakistan. As and they see and they hear their neigh- that indicates the impropriety of that the money being transferred was prop- bors talk about these things, and I and that that is not the way that the erly authorized and appropriated by think it makes sense, then, when we program money is supposed to be Congress, I find it extremely troubling see the polls that we just saw that spent. I am going to talk a little bit that funds that have already been obli- came out in the last few days, a bipar- more about that in a moment. gated are now being redirected without tisan pollster took a poll on the con- The per diem cost on this trip that is any congressional consultation or ap- fidence in government, and, basically, coming up August 18 for 6 days where proval. While it would be easy to dis- we flunked. Seventy-five percent of the there are going to be some 47 people miss that as an oversight by DOE, un- people do not trust government, wheth- going on this trip, the total cost of this fortunately there is a long history of er it be politicians or whether it be delegation’s trip is $700,000. Now there congressional concern regarding DOE’s these agencies. They see things like are 35 individuals planning to go to reprogramming practices. this and they feel robbed. South Africa separately from the offi- And lastly, Secretary O’Leary has We have to do what the gentleman is cial delegation from the Department of proposed a substantial reorganization doing. We have to dig it out, we have to Energy, 28 in advance, 7 separately. of DOE, and that is to her credit. I make it public, and we have to change This is down, by the way, from 51, Mr. would eliminate DOE completely, but the old ways. Speaker. There were going to be 51, but she has proposed a substantial reorga- Mr. HOKE. What is unfortunate apparently, due to some criticism that nization of DOE with significant num- about this is that this was shared with has been levied from the Congress, it is bers of Federal jobs being eliminated, me by a top official in the Department, down now to 35, and they are going to and at the same time it seems ex- and now they are scrambling like go for and spending at least 2 weeks in tremely strange that the Secretary is crazy. They are probably watching this the country in advance doing advance mounting an extensive international very broadcast and saying, ‘‘Oh, my work for reasons that are not com- expedition with already strained pro- goodness, what will we do next?’’ What pletely clear. That raises the overall gram offices bearing the burden of the they have done is purged their comput- cost of the mission to approximately costs. ers. They have canceled the orders. I $1.2 million. According to the L.A. Times, Mr. think that is great, but they will try to Well, what is wrong with that? Well, Speaker, the Secretary has spent more hang one DOD staffer out to dry, cover first of all, let us look at the justifica- on her travels than any of her Cabinet the whole thing up, and claim the Sec- tion that the Secretary has made for a colleagues. She stayed in higher-priced retary knew nothing about it and had previous trade mission. She claimed accommodations using more expensive nothing to do with it, and that this was that she has gotten $191⁄2 billion in flight classes and more expensive with strictly the idea, independently, of one business for U.S. firms as a result of the very, very high-security details as person. I thank the whistleblowers in that. Almost all of these claims were a result of that. Secretary O’Leary is our Government. based on memoranda of understanding always accompanied by large entou- Mrs. SMITH of Washington. Mr. and letters of intent, not on actual rages on these trips. Speaker, the gentleman has really contracts. Actually the DOE has not Now the last thing that I want to do, brought into focus what we wanted to provided any accounting that shows and I guess my main concern in shar- talk about tonight, and that is con- that there are actually signed con- ing all of this, and I do not want to use fidence in government. tracts, and frankly it begs another up any more of the gentlewoman’s There are several Members of Con- question, and that is would these firms time, and I appreciate her giving it to gress that have been working on build- have made these agreements other- me, is that it seems to me there is a ing confidence in government now for wise? Would they not still have gone to real problem with respect to an abuse several weeks, in fact, clear from last contract this business? Would they not of the travel accounts at the Depart- December, when many of us were elect- still be interested in creating these re- ment of Energy, and somebody has got ed, and we have this knowledge that lationships? I would certainly think to blow the whistle. A senior DOE offi- people do not trust this place of Con- they would. cial provided me with the graphics of a gress because of the practices, and yet Second, the DOE inspector general T-shirt that Secretary O’Leary was we watch us do so many things. The conducted an audit of two of Secretary going to distribute to each participant people have watched us do so many O’Leary’s previous trade missions and of the South Africa trip that was cre- things. At first, we opened up hearings found problems with respect to manag- ated at the Department of Energy on a that have never been opened. We ing the cost of DOE international trav- Department of Energy computer. I un- stopped proxy voting. That is where a el and recouping the costs associated derstand that they have been working Member sends a pile of votes and lets H 8150 CONGRESSIONAL RECORD — HOUSE August 1, 1995 someone else vote for them. Good rep- against us again and they started rais- government groups and grass roots resentation, is it not? We decreased the ing PAC money to get us out of office. groups all over the Nation, and we are size of staff here so people are not We cannot lay down our arms in the raising the voice of the American peo- drafting legislation that have very lit- middle of a war. That would not be ple. If you want to raise your voice tle to do with it and then policymakers bravery, it would just be stupidity. We with the American people, whether you come out here and run somebody else’s do say that at the end of this campaign are Members in your offices or others legislation. cycle, we want everyone to disarm at listening, join us in supporting 2072, Mr. Speaker, we also got the amount the same time and send the campaigns but at least become a part of the voice. of cost of this place down, and yet the home. Do not take money from any- If the American people do not speak poll comes out and 75 percent of the body outside our State. Groups can or- out and say this is enough, then it will people still do not trust us. I think it is ganize still, even put together their be the same next campaign, and the because every day there is a new report groups and call them PACs, they just next campaign, and we will build a new on a trip one Member took to one cannot give money to Federal can- generation of PAC kings and queens. warm place in the middle of winter, or didates. We want to drive campaigns I would like now to yield, Mr. Speak- a gift that they received, or a report on home. er, to CHARLIE BASS of New Hampshire, something like the sugar lobby, about Mr. Speaker, I want to show you just a gentleman who is also moving in this who got the most money from the a couple of charts that show why it is area, working on campaign reform, and sugar lobby, or, last week, the report so vital. It used to be PACs played a I think you have a plan to try to move came out on who got the most money little bit in the race, to let some of the campaigns back to the State, too. from the tobacco lobby, always assum- groups that had a little more trouble Mr. BASS. I thank the gentlewoman ing if we vote a certain way, we voted become a part of the political system. from Washington [Mrs. SMITH] for that way because we got the money. Over the last 10 years especially, how- yielding to me, and I want to commend Now, Mr. Speaker, that is clearly not ever, we have seen an elevation of her for the courageous effort that she true with everyone on every vote, but PACs that totally excludes the individ- has made as a freshman Member of it is awfully hard to keep a straight ual and leaves the individual as a Congress to swim against a tide of in- face and convince the American people minor player instead of a major. cumbency. The total PAC contributions have that the money is not connected to the I said many times during my cam- gone from right at 80 million, less than vote. paign last year that there are really We resolved finally, a group of us, 80 million in 1984, to 132 million this three parties in Washington, Repub- that we would have to draft something last campaign cycle. This is just to the licans, Democrats, and incumbents, that was clean, honest with the Amer- House, not the Senate. If you start and the incumbents is the largest party ican people, honest with the incum- looking at what people started raising of all. I think on November 8 many of bents that are here, treating them with in January to pay off debt, especially us who did not take any significant respect, but that worked, and we draft- these new Congress people that ran amount of political action committee ed the Clean Congress Act, 2072. At against PAC kings and queens, who money showed that we can make a dif- first, we tried to reduce contributions raised millions before they even filed ference here in Washington. As one of from special interests, but everyone against them, they are paying off debt. those new Members of Congress who is said why leave anything? Then we tried They have to clean up their old cam- here today, and proud to be here, I to raise contributions for individuals paign, and they are facing a new person want to create a Congress that the to balance, and they said, ‘‘Oh, good, who is adding to that level, too. American people can be proud of, a now the rich control campaigns.’’ It al- Mr. Speaker, some will say let us just Congress that is elected by people and ways came back to one basic premise: change the numbers and leave it here; supported by people from Members of We needed to get groups out of D.C. let us continue to get money from Congress’ districts. and close the checkbooks; literally groups and just change the numbers a stop any checkbook from being opened little bit, or from larger individual I also want to commend the gentle- in Washington, DC., and drive the cam- contributions. I will tell you, however, woman for standing up here tonight paigns back home. to look at what it does. Incumbents get and bringing to the American people PACs had a good original purpose, over 53 percent of their money from the need to reduce the influence of spe- but they have been perverted from the PACs. That is not including the cial interests, to require that campaign very beginning from their purpose. We wealthy. That is just PACs. Excuse me, funds come from a candidate’s own dis- find that what happens now is the very 43 percent; 53 percent from individuals. trict. I am here tonight to discuss with you, also, an idea I have thought about best people come here, often running Not quite half and half. 21⁄2 percent or against those that got their money so from parties. for many years, as one who has spon- from PACs. A lot of freshmen did this Challengers, on the other hand, have sored legislation in my own home year. They get here and they have had to raise over 80 percent of their money State to limit campaign spending over- a PACs spending war, because the in- from individuals. That sounds pretty all, to limit the influence of special in- cumbent they challenged was funded good to me, if it was on both sides. In terests in my own home State, and to by PACs. PACs, they get 11 percent. Now, do you establish, among other things, a legis- Mr. Speaker, these Members get here wonder, and it is no wonder, that chal- lative Ethics Committee to limit inde- with debt. They are here 80 hours a lengers have had a tough time getting pendent expenditures. week. They get to go home to their through these doors? The fluke of last Mr. Speaker, I feel that we ought to home district maybe on the weekend, year was the people getting fed up. Will be returning some of the power to qual- because we vote the rest of the week, they stay fed up to that level? Prob- ify Federal offices to the States, and it and we throw everyone into a system ably not. They get weary. is my intention in the coming week to of paying off debts with PAC money Mr. Speaker, they kicked a lot of old- send out a ‘‘Dear Colleague’’ letter to and then we turn around and we have a timers out. Sorry old-timers listening my friends asking them if they would new opponent that is raising PAC on the screens, but last year they put be willing to join me in an effort to re- money, and so it goes, and so it goes. in new blood. Should the new blood peal the provision of the Federal Elec- Good people come here with good in- have to swim in the polluted lake? We tion Campaign Act, which preempts all tentions, and it is like swimming in a advocate no, and so we are asking the State and Federal regulations for Fed- polluted lake. We just do the best we American people to join us. We are eral officeholders. can with the system we have. We de- going as a delegation to the United We The effect of this repeal would be to cided to drain the lake. We realized Stand Conference next month, or this give States, such as New Hampshire or that most people are in the middle of a month, on the 12th. We are presenting the State of Washington, or, for exam- campaign right now, and that cam- the challenge to the Nation through ple, the State of Indiana, which cur- paign started the day after most of us that group. rently has a law on its books that says were elected, with often our prior oppo- This group is organizing around the that anyone who contracts with the nents announcing they were running Nation. We have pulled in other good State cannot contribute to candidates, August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8151 or lobbyists cannot contribute to can- b 1915 here next year if I want to run for of- didates. If that is what the people in Mr. HORN. Mr. Speaker, will the gen- fice if my opponents are at home rais- Indiana want to do, they should be able tlewoman yield? ing money, and I cannot raise it here to do that. Mrs. SMITH of Washington. Mr. anymore. It will drive the incumbents We are in a Congress now that says Speaker, I would be honored to yield to back home. You will not have people that we ought to give States more someone who has worked on this long just staying here. rights. We have a new attitude here before me, but been very serious about What a wonderful thing for America that says that local control is better. I the battle. when America’s people reclaim the po- feel that the people and voters of New Mr. HORN. I commend you, as did my litical system. Will it not be great to Hampshire or any other State in this colleague, for the eloquence and energy see some people who have not had to go country should be able to set the quali- that you bring to this project. It is home but once every 2 months or so, fications and determine spending lim- going to take a lot of that and we are and then for special things, have to go its, determine other limits, as long as going to need a lot of allies. I think back and explain votes? I am talking they are more stringent than the Fed- you are absolutely right. Our problem about this whole place. I know Mem- eral limits, and enact those laws and with government is too many people bers who say they go home every so have them apply to candidates for Fed- are running the government, be it the often. They have been here long eral office. executive branch or Congress over the enough, they do not have to do that years, based on public opinion polls. anymore. That is a serious statement, Mrs. SMITH of Washington. Mr. They have not sat down to think, as do not have to do that anymore. Speaker, I understand the gentleman the gentlewoman has, with the climate Mr. BASS. Mr. Speaker, I am taken intends to distribute that this week. of distrust for representative govern- by the comments of my colleague from That means all the Members listening ment, which is shocking, that we have California about sources of income. I would have a chance to take a look and got to deal with the real problems. And think the gentleman makes an excel- sign on. I know that I certainly will the real problems are exactly what the lent point. If you received 2 or 3 per- look at anything seriously and get it gentlewoman is talking about: Over cent of the money from your district moving that returns power to the use of money and its influence in that you run on, and it is a high dollar States and gets those campaigns back American politics. campaign, who do you really represent? into the streets of the States where we Now, the Republican Party grappled Who do you really represent? come from instead of the side rooms or with this in the 103d Congress, and we That is what is so cancerous about the side cafes and rooms around this came forth with an excellent proposal. this system. If all the money comes place. It banned PAC’s, it banned soft money, from the Route 495 Beltway or some Mr. BASS. Mr. Speaker, if the gentle- that money from labor unions and cor- big metropolitan area where there may woman would yield back, nothing that porations, organized groups, that go to be some special issue, the key here is I would envision by repealing this pre- the political party to conduct registra- you ought to be accountable to the emption provision, which, by the way, tion drives, administration of their people who sent you to Washington. is only three lines long, would in any own operations. It also said raise most Those are the people that really count, way affect any laws we made here in of the money in your constituency. and there is nothing wrong with that. Washington to restrict the influence of Now, those fundamentals I think are There ought to be limitations on political action committees and so basic, and I think most of us would sources of income, and that ought to be forth. It would allow the States, how- agree with that. The argument comes, one of the highest priorities of this ever, to go farther than anything we do you do it at the three-fourths level, Congress in campaign spending reform. decided to do here in Washington. the majority level, or whatever. The gentleman from California could Let me point out that in a State like I had an opponent last time that not have done a better job in illustrat- California, and my colleague here is raised 1 percent of his money in the ing that. From my own perspective, I from California, lives in the State of 38th Congressional District in Califor- have a similar experience in that my California, and they have different con- nia, and 99 percent of his money in the opponent’s funds were less than 10 per- ditions, different populations, different east coast, Midwest and other parts of cent from the whole State of New numbers of Members of Congress, a California. I do not think that is good Hampshire, and I think that was made larger delegation and different demo- for representative government. If your very clear that there was some ques- graphics, it may be different from Alas- local citizens cannot back you, why do tion as to the quality of that represen- ka, where there is only one Member of we expect others to back us except for tation. I think the gentleman, talking Congress in a huge and rather less pop- one reason, that they can get their in his own home State of California, ulated State, or my home State of New agenda through you imposed on the makes an equally good point. Hampshire. legislative process. Mr. HORN. If the gentlewoman will Mrs. SMITH of Washington. Mr. yield a moment, the other thing you We established campaign spending Speaker, I was trying to explain to one started on, you are quite correct, what limits in New Hampshire. I think we of the major news magazines today is the cancerous decay. were the first in the country to do so what was bothering me about this Even though these are all wonderful after the Buckley-Valeo case in 1972, place and why I wanted to change it, people, all nice people, and they are which outlawed campaign spending and I finally came to a cultural issue. doing wonderful things, but when you limits, and now other States have That sounds odd. I said I want to raise the money as easy as it is when adopted. Vermont, I think, Arizona, change the culture. The culture be- you are a committee chair, when you and other States. I think these new comes centered on Washington, DC, are a ranking minority Member, when laws should apply to Members of Con- and people do not have to go home you are in a position of influence and gress as well as State officeholders. after a few years, because they become you come to Washington, as you both They do, in effect, apply in a de facto a chair or they meet enough of the spe- have suggested, and every night of the sense because nobody has challenged cial interest groups, and the money working week you can either go to the these new laws. kind of comes in after you are elected. Democratic National Club or the Re- I think if we were to repeal the Pre- So what this will do, if you take any publican Capitol Hill Club, and you will emption Act, then we would allow the versions of this, the one they intro- find it $500 a clip, not just once a year, States to have more control over the duced last year, eliminating PAC’s, but now increasingly four times a year, people they send to Washington and making it all come from people mostly and if you are a committee chair in the not center all the control of the Fed- in your State, or all in your State, I last Congress, Democrat-controlled, or eral election process in one place, prefer all in your State obviously, but this Congress, Republican-controlled, Washington, DC. It is time we turned it changes the culture, because instead it is $1,000 a clip. that trend around, and I thank the gen- of us fighting the war here we move it Who is bringing those checks? The tlewoman from Washington for yield- back into the streets of America, the PAC people. Are they based in your dis- ing to me. war of public opinion, I cannot stay trict? No. They might have a plant H 8152 CONGRESSIONAL RECORD — HOUSE August 1, 1995 there, but most of them that show up that staff actually drafted bills, they is what representative government is do not have a plant there, because you became so powerful. When the Chair all about. sit on the right committee that affects was there so long, they did not have I found it sort of ironic, I have not their livelihood, be it agriculture, be it their own ideas, so staff came in. They taken PAC money in either the 1992 commerce, be it banking and financial became powerful. The whole place sep- campaign when I was first elected or in institutions, whatever it is. And so arated more and more from the people. 1994. It is sort of humorous. Out of the they say, if you talk to the PAC rep- The moment we removed the money, blue came $20,000 in PAC money, which resentative, why are you doing it, they within 2 years the whole place flipped, the campaign manager, my son, imme- say, gee, if I do not do it, I will not and a whole bunch of old-timers did not diately sent back, and just explained have access and I have got to be able to like the idea of running without we do not take PAC money. get my message over. money, and a bunch of challengers said People could not believe it. There is That is a pretty sad commentary on ‘‘We have the chance.’’ They hit the about 35 of us in this Chamber, maybe representative government, if you have streets in the most vibrant campaign with the freshman now 40, that do not got five hundred a crack on a quarterly cycle we ever had. take PAC money. That is 10 percent of basis or one thousand a crack, in order Mr. HORN. If you will recall, a few the House, including Members in both to have access to get your message years ago Members in this House were parties, about equally divided. We have across. able to retire and take the campaign got to encourage others to do the same. Mrs. SMITH of Washington. I think fund they had in their bank account One of our problems is the Supreme the point is I do not believe that most with them. In some cases, that meant Court of the United States, which people just say well, you did not give they could take $1 million into retire- might say you cannot ban PAC money. me $1,000, so you do not have access. I ment. That no longer can be done. Con- Those people have a right to give all think what happens is everyone thinks gress finally faced up to the idiocy of they can. that. So now some might be playing that operation. Well, I think that is personally non- hard ball and saying ‘‘Do not even But you mentioned these office funds sense. I think Congress ought to be come see me if you do not bring at the State legislature. One of the able to cap the amount of money, ei- money.’’ That is the exception. The things eventually we are going to have ther individuals give, which we do, and American people think that is how it to deal with, and I am going to put in the amount of money PAC’s give, operates. a bill this year on that, among other which we do. Now, the question would But it has it started to be that is things we are all going to do, is dealing be, if we are for banning PAC’s, do we they do it because someone on another with leadership PAC’s, where whether have to let them give just $1,000 at issue might counter you, and if you do it be the other body in this Congress, most to get by the Supreme Court. I not do it, what if they do it, and it be- or this body, regardless of party, you think we also ought to limit what indi- comes a spending war here. have major leaders with PAC’s that viduals can spend of their own money. In Washington State, when I first ar- they have built up. That is why some Mrs. SMITH of Washington. Buckley rived, it bothered me there as much, of them are major leaders. That is why versus Valeo is a decision that both at and I was in the State legislature, as it some of them 5, 10, 15 years ago have the State level, and I had one Supreme is doing here. I realized they had fund been major leaders, or Lyndon Johnson Court case against our initiative, and raisers immediately before a session, in the 40’s and 50’s, is they raised the won, by the way, in our State, and they even though they did not have them of- money in their State, they doled it out used Buckley versus Valeo, and there ficially during the half year or so they to the Members, and, guess what? The are some State supreme court deci- were in session. They would have them Members that they doled it out to just sions. and just back people up into these huge happened to vote for them when Con- You have to really watch that and rooms and continually, several a night, gress reconvenes and chooses its lead- decide whether or not this Supreme raise money. They had office funds, ers. That is a further influence of Court would look at it the same way, which is where the gifts were put, and money that often overcomes talent. and whether they would decide allow- that is the money they could use for Mrs. SMITH of Washington. You, ing them to go ahead and organize, so stereos and things like that, then they know, we saw that in the State. They you do not remove their ability to as- would have campaign funds. And every would have these big fund raisers, and sociate, and spend within their group, chair kept track of who came and who actually the special interests did not if that would satisfy now. Because if did not come, and it was pretty blatant want to take on another incumbent, so you look at the language, it was pretty there. I do not know if it is here or not, what they would do is give a whole lot squishy total to begin with. And we but the American people perceive both of money or channel from their mem- have a new Supreme Court. We also as disgusting. bership a whole lot of money to one probably, to be a little safer than to- It took me actually 4 years of trying member who they would like to see as tally banning PAC’s, letting them or- with the legislature, to finally have an a chair of a committee or some leader- ganize, work within their Members. We initiative. I abolished office funds, re- ship. They would then take that money do not remove their ability to associ- moved all fund raising where we vote, and give it to someone else, not only ate and we do not remove their ability which is what I would like to do here, for their own benefit, but to launder to participate. That seems to be an stopped any kind of transfer of money the money. So that they did not have easier place to be with a constitutional from one candidate to another, forced to worry about that PAC. If they lost challenge. the special interests, our Supreme this bet on that particular raise, they But we do have to wrestle with this, Court is a little different, more liberal, did not have to worry about them get- and I think we the Congress should set and our Constitution is, to very small ting mad, and they would play both the best policy we can to clean up this amounts of contributions, literally sides. place, do the best job we can, bring all took them out of power in 2 years, and Mr. HORN. That is exactly what hap- of our ideas together, and run with it. returned it to where grass roots can- pens nationally as well. It is the old Now, we are taking a plan to Dallas didates flipped the legislature to beat line of a lobbyist, the railroad owner in this month and we are taking it to nearly 60 new people in 1 year, and New York 100 years ago. He said when groups all over the Nation, and we are there are only 98. I am in a Democrat’s district, I am a just saying we want to call a truce So what happened is people, when Democrat. When I am in Republican’s next November. We want it to be over. they had a chance, they came in. But it district, I am a Republican. But I am We want this place to have no more was impossible. For 40-some years it always for the Erie Railroad. special interest money, and we want to stayed about the same. In fact, the That is what is really gets down to. work on that direction. But so many Senate stayed in party control for 42 They are always putting their agenda people are coming up and saying we years with no change, somewhat like first. if we do what you and CHARLIE can make it better. And I think this here. And what happened is the place BASS and I and others are suggesting, place had better work in honesty with became so ingrown, the staff was in- let us get that back to the district. the American people and come out grown, it is a terrible terminology, Then it is the district’s agenda, which with something good, or we are going August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8153 to face next November’s election with people. And Bill Gates, bless his heart, CUTS IN INDIAN HOUSING IN THIS people going, ‘‘This Congress was just he can give everybody here as much as YEAR’S VA, HUD APPROPRIA- like the other Congresses,’’ and we are we would want, it probably does not TIONS BILL not just like the other Congresses. We even affect him. So we can shift it to The SPEAKER pro tempore (Mr. have done some revolutionary things. individuals and say, let us just let indi- METCALF). Under the Speaker’s an- But when you throw a little dirt in viduals take everywhere, go ahead and nounced policy of May 12, 1995, the gen- the barrel, it makes the whole barrel give everywhere, but those individuals tleman from American Samoa [Mr. look dirty, even though you know it is will shift right into this place and in- FALEOMAVAEGA] is recognized for 60 cleaner. It still looks dirty and we need stead of having lobbyists fund raisers minutes as the designee of the minor- to get rid of that dirt. or PAC fund raisers, we are going to ity leader. Mr. HORN. You are absolutely cor- end up with large donor, trial lawyers Mr. FALEOMAVAEGA. Mr. Speaker, rect, because unless we do, everything for certain people, medical for other as ranking member of the House Sub- we do will be called into question, people, they are going to move in with committee on Native American and In- when it simply is not true. I think if large, large checks. And the influence sular Affairs, I want to speak to the we treat the voters as they are, intel- is going to stay here. So we have to Members of this body about the real ligent, thinking, human beings, I have move it out. impact that the fiscal year 1996 VA, always found you get an excellent re- Mr. HORN. On that very point, I HUD appropriations bill—which we sponse. If you level with them, tell mentioned the Republican bill we passed last night—will have on this them what the problem is, just as you brought to the floor in the 103d Con- country’s first people, the Native are leveling with them, and saying gress. We had a compromise bill also Americans. I want to talk about how ‘‘Look, we know it is a problem. We that we tried to get to the floor. The Native American tribes and their mem- want to do something about it.’’ Democratic bill came in where they bers remain among the poorest rural What galls me when I hear some of want the public to pay for their cam- people in this great country; how they our colleagues on the floor talk about paigns. The Republican bill came in, no continue to live without safe, decent the gift ban, but they are taking PAC PAC money, no soft money, raise most sanitary housing; and how the housing money practically by the wheelbarrow of it in your district. But the so-called situation they find themselves in today fulls, we ought to combine both, the Synar-Livingston bill, Mike Synar, is both scary and tragic. gift ban and the ban on PAC’s or se- then a Representative from Oklahoma, verely limiting PAC’s. In 1990, the Bureau of Indian Affairs now suffering some ill health, was the found that more than 55,000 new homes b 1930 leader on it with BOB LIVINGSTON, the were needed in Indian country and that chairman of our Committee on Appro- And then let us get that package be- more than 35,000 homes needed exten- priations now. And there were eight sive repairs. This was more than 5 fore the House and let us see if some of others of us that did not take PAC those gift ban people are quite willing years ago and knowing that this body money, generally, that were on it. allocates less than 3,000 units per year to give up their several hundred thou- And what he did was cut PAC’s down sand dollars of PAC money for their $50 to Indian housing, it is highly unlikely to $1,000 from their current $5,000 in the that this acute need has diminished gift ban. primary they can give you and $5,000 in Mrs. SMITH of Washington. I looked since that time. In addition, the figure the general election. He cut them down at a lot of the bills when I first got that I have just mentioned does not ac- to $1,000, and he cut the present maxi- here thinking, I do not care if they are count for the thousands of Native mum of $1,000 from an individual down Democrats or Republicans, I was a Americans who live away from their to $500 and felt that was par and that Democrat 30-some years and then a Re- homelands but would return if they would pull back both of them, a little publican after that, lesser time, and could be assured that they would find a bit of nuclear disarmament, as you my husband says, ‘‘Honey, you’re not home upon their return. have been talking about. Of course, born a Democrat; you’re not born any- The 1990 U.S. Census has found that what happened was the Democratic thing.’’ Native Americans living in rural Amer- leadership knew we could get that But at 32 I changed. And I looked at ica have the highest percentage of passed in the House. all of them thinking, there has to be homes without complete plumbing, something good in there. I found holes Mrs. SMITH of Washington. They more than any other population group big enough to fly a 747 bound to a warm were not real serious. in the United States. More than 12 per- place paid for by a lobbyist in it. They Mr. HORN. And they would not let us cent of Native Americans living in were using them for political tools. get to the floor and the Democratic- homes in rural areas, which includes I looked at one we faced on the first controlled Committee on Rules refused Indian reservations and communities day. They had left trips. They just to let us have a vote on Synar-Living- and Native Alaskan villages, live with- called them fact-finding trips, but if ston. And obviously, I think we could out running water and flush toilets— you looked at it, not only did they have passed that. I think enough amenities which most Americans take leave trips, they left trips for their wife Democrats who were holding out for for granted. or husband. They left trips for their the public financing and did not like The 1996 VA, HUD appropriations bill staffs. Those are the big gifts. So they the complete abolition of PAC’s would cuts funding for new Indian housing did not even deal with gifts. They had have bought that package. But they starts by 61 percent. While in fiscal 20-some pages of exceptions, then they would not even let us vote on it. year 1995 Congress provided the Depart- played around with whether you could Mrs. SMITH of Washington. I think ment of Housing and Urban Develop- eat a hot dog with a lobbyist. I do not it points to the fact that many people ment with enough funding to construct give a rip if they eat a hot dog with a here over the years know what the 2,820 new Indian homes, the fiscal year lobbyist. I care deeply about them American people want. And they want 1996 budget will enable HUD to build going to Mexico to check something this place cleaned up. But they are not just 1,000 new units. In addition, the out. And we all know Americans go to real serious about doing it. But they bill cuts funding to operate Indian Mexico. want to make it look like they are try- housing authorities by 14 percent, and So they have played games long ing. When I got done looking at all the funding for the modernization of Indian enough. The American people do not proposals that were being floated out, housing by 33 percent. Indian housing trust us. So we do have to come out so many of them were a game. authorities manage HUD’s Indian hous- with a package. And 2072 says no gifts, I want to thank the gentleman for ing programs and throughout Indian no trips and no money from any special joining me. country are the major providers of interest group here, only people from Mr. HORN. I thank you for your lead- housing to Native Americans. When your States. ership in this area. funds are cut to Indian housing au- People are saying, why do you not Mrs. SMITH of Washington. We will thorities, we are literally denying just let people give you money here? work together and we will make it hap- homes to thousands of impoverished Because lobbyists are people, wealthier pen with the people’s help. Native Americans. In other words, we H 8154 CONGRESSIONAL RECORD — HOUSE August 1, 1995 are denying them the right to live as HAMILTON, for joining us as an original survey and full disclosure of the the rest of us. cosponsor. This measure has broad bi- French data bases on the environ- Private financing has not yet arrived partisan support, and I would thank mental and health effects from nuclear in Indian country. Due to a complex the members of the International Rela- testing. Mr. Speaker, permission for an system of trust land provisions, and tions Committee, Representatives JIM unrestricted and unimpeded scientific BIA title record keeping, as well as an LEACH, HOWARD BERMAN, DOUG BEREU- investigation has never been granted absence of appropriate financial mar- TER, TOM LANTOS, CHRIS SMITH, GARY before. If French President Chirac’s as- kets, private lenders have not moved ACKERMAN, DANA ROHRABACHER, SAM sertions are to be believed, then there into Indian country. If private lenders GEJDENSON, JAY KIM, SHERROD BROWN, is nothing to hide and it should be an are not present and Federal funding is and ELIOT ENGEL, who are original co- easy request to meet. being sharply reduced, how do we plan sponsors or supporters of House Con- Until we get a response, Mr. Speaker, to house the thousands of Native current Resolution 80. it is interesting to note that although Americans living on reservations and Mr. Speaker, when the United States France has detonated over 200 nuclear communities who need housing? Does stopped atmospheric nuclear testing in bombs in the past 35 years, not one of this body propose to let them continue 1963 and initiated underground tests, it these bombs has been exploded on, to live impoverished forever? Ameri- moved from the Pacific islands to Ne- above or beneath French soil. In the ca’s first real contract with its citizens vada. One reason for this was the as- truest form of colonial arrogance, was when the Federal Government sessment that fragile coral atolls per- France, instead, has exploded almost signed the first treaty with an Indian meated with water were not suitable all of its nuclear bombs in its South tribe. The more than 550 Native Amer- for underground explosions. Pacific colony—after being driven out ican tribes and their members con- After almost three decades of French of Algeria, a former colony also used as stitute America’s first people and it is nuclear testing in the South Pacific, a nuclear testing dump. about time that we begin to live up to involving more than 140 underground If the Government of France must the treaty obligations—such as decent tests, French Polynesia’s Moruroa explode eight nuclear bombs that un- housing—that we owe them. atoll has been described by researchers dermine the historic progress achieved CALLING FOR A CESSATION OF FRENCH NUCLEAR as a ‘‘swiss cheese of fractured rock.’’ with the recently concluded nuclear TESTING IN THE SOUTH PACIFIC Moruroa and its sister French test site nonproliferation treaty, then it should Mr. FALEOMAVAEGA. Mr. Speaker, at Fangataufa are water-permeable explode its bombs on French soil. Re- last month, French President Jacques coral atolls on basalt, and they now suming the detonation of nuclear weap- Chirac announced that France will contain several Chernobyls’ worth of ons in Polynesia would make France abandon the global moratorium on nu- radioactivity. The great fear in the re- the only nuclear power to test outside clear testing and explode eight more gion is that if Moruroa suffers further the borders of the nuclear weapons nuclear bombs in the South Pacific be- damage, the radioactivity encased states. ginning in September. Chirac said that from over 100 nuclear tests would spill Mr. Speaker, I would urge the Mem- the eight nuclear explosions—one a into the Pacific, causing unimaginable bers of the House to adopt this resolu- month, with each up to 10 times more harm to the marine environment and tion which sends a strong message of powerful than the bomb that dev- the health of the Pacific peoples. support for the 28 million men, women astated Hiroshima—will have no eco- Leakage of radioactive waste from and children of the Pacific that are logical consequences. the underground test sites to the sur- fighting to protect their way of life Mr. Speaker, I cannot comprehend rounding waters and air has been pre- against France’s colonial arrogance how President Chirac can say with a dicted, and is inevitable. It is hardly and nuclear adventurism. straight face that setting off the equiv- surprising that so many people in the Mr. Speaker, I also want to share alent of 80 Hiroshima bombs—1.2 mil- Pacific draw a connection to the epi- with my colleagues and our listening lion tons worth of TNT—in a short demic-like outbreaks in surrounding audience throughout America, some time on the tiny coral atolls of communities, with symptoms including additional developments concerning Moruroa and Fangataufa will have no damage to the nervous system, paral- France’s attempt to explode eight addi- ecological consequences. My constitu- ysis, impaired vision, birth abnormali- tional nuclear bombs in the South Pa- ents, the United States citizens and na- ties, and increased cancer rates among cific under the Moruroa Atoll— tionals in American Samoa, feel Tahitians, in particular. Whether these Mr. Speaker, I have learned through threatened by France’s action and health problems are connected to ra- recent media reports that some 60 par- don’t believe Chirac’s assurances. Nei- dioactive leakage or destruction of the liamentarians from the nations of the ther do the nations and peoples of the coral ecosystem, it defies credibility to Pacific, from Asia and from Europe— South Pacific. claim there are no environmental con- all plan to travel to French Polynesia After detonating at least 187 nuclear sequences to France’s nuclear testing. to protest the French nuclear testing bombs in the heart of the South Pa- Is it any wonder that the French Gov- program which will commence next cific, France’s intent to resume further ernment has kept medical records at month. In fact, Mr. Speaker, the nuclear poisoning of the South Pacific Moruroa a top secret and has permitted French Government has already trans- environment has resulted in a no long-term follow-up study of work- ferred the canisters and related mate- firestorm of outrage and alarm in the ers’ health there. rials to detonate the first out of 8 nu- countries of the region, as well as with Mr. Speaker, I would also challenge clear bombs for the next eight months. the world community. President Chirac on his statement that Mr. Speaker, it is my understanding House Concurrent Resolution 80, a France’s testing program is harmless the people and government of Germany measure I introduced which has passed to the South Pacific environment and are calling for an ‘‘intense boycott’’ of the House International Relations would take him up on his offer inviting all French-made goods and products. Committee and which awaits floor ac- scientists to inspect their testing fa- Also, that a flotilla of yachts, schoo- tion, recognizes the environmental cilities. If President Chirac is acting in ners, and just about anything that can concerns of the 28 million men, women, good faith and he wants to get to the float—are all planning to voyage the and children of Oceania and calls upon truth of the matter, then he should Pacific and go to Moruroa to protest the Government of France not to re- have no reservations in authorizing full this immoral and politically expedient sume nuclear testing on French Poly- and unrestricted access—before the re- policy of the French Government to nesia’s Moruroa and Fangataufa atolls. sumption of tests next month—for an continue nuclear testing in the Pacific. I want to express my thanks to House international scientific mission to Mr. Speaker, I ask my colleagues and International Relations Committee begin to conduct a serious, independent every good citizen of our Nation to sup- chairman, BEN GILMAN, for his support and comprehensive sampling and geo- port the 28 million men, women and in passing House Concurrent Resolu- logical study of Moruroa and children who make the Pacific Ocean a tion 80 out of committee and would Fangataufa atolls. In conjunction with part of their existence on this planet— also extend my appreciation to the the monitoring, there should be a fully I ask for the goodness and compassion ranking member of the committee, LEE independent epidemiological health of the American people to support our August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8155 Pacific island nations by boycotting all Pacific have had to make about the He also made it clear French soldiers French goods and products that are dangers to marine life and to the lives would be prepared to use tear gas against being sold here in the United States. of people living in the Pacific region. members of the flotilla of small boats, Mr. Speaker, this is the only way Mr. Speaker, I respectfully ask the yachts and Greenpeace vessels planning to President Chirac and has military sub- world community and our own citizens sail to Mururoa to protest the resumption of nuclear testing in September. ordinates are going to listen to the to boycott all French goods, products, There won’t be any mass invasion of the concerns of millions of people around and services wherever and however exclusion zone.’’ Euverte said. ‘‘It’s not easy the world. Mr. Speaker, I have nothing such goods and products are sold in to enter the lagoon at Mururoa.’’ personal against President Chirac and those countries, and especially here More than 60 legislators from Australia his military advisers, but I am in every also in the United States. It appears and New Zealand have volunteered to join way against such a stupid and unneces- that this is probably the only way lead- the flotilla. sary policy of the French Government ers like President Chirac is going to se- Japanese and European lawmakers also riously reevaluate and reexamine this will go along. Japanese Finance Minister to explode eight more nuclear bombs in Masayoshi Takemura confirmed today he the Pacific. most stupid and asinine policy of ex- planned to be part of the protest fleet, orga- As one can see on this map, Mr. ploding eight nuclear bombs in order to nizers announced in Sydney, Australia. Speaker—the Pacific Ocean covers al- catch up with the nuclear technology Some politicians have warned they will try most one-third of our planet’s surface. that has already been developed—and to enter the 12-nautical mile exclusion zone And I submit, Mr. Speaker, the Pacific even more asinine, Mr. Speaker, is for around Mururoa. Ocean is not a stationary mass of the President of France to explode ‘‘There won’t be any violence used whatso- ocean water—the Pacific Ocean is a these eight nuclear bombs 15,000 miles ever—no more than was used three weeks ago,’’ said Euverte, who ordered naval com- constant moving body of ocean cur- away from French soil—and exploding these eight nuclear bombs in the mid- mandos using tear gas to seize the rents that impacts the entire marine Greenpeace flagship Rainbow Warrior II at environment of every country that is dle of the largest ocean in the world— Mururoa on July 9. part of this gigantic region of the an ocean that is marine sensitive to all France has two frigates, three patrol boats world—this includes the entire State of forms of marine life whereby the lives and several naval tugs and cargo vessels sta- Hawaii, the coastlines of the States of of millions of men, women, and chil- tioned in French Polynesia. The French navy Washington, Oregon, and California. dren do depend upon every day in their could also use its powerful tugboats as a Now, Mr. Speaker, let’s look at the lives. physical barrier against protest vessels. map—this is the Morurao Atoll, which Mr. Speaker, I make this appeal At Mururoa and the nearby test site of again to all Americans—make your Fangataufa Atoll, preparations are under is located about 600 miles from the way for the series of eight underground nu- main island of Tahiti—and on this voices heard by boycotting all French clear tests, due to stretch from September to group of islands there are some 200,000 goods and products and services—send May. native Tahitians and expatriates who a strong message to President Chirac France said the tests will be its last. are all French citizens, Mr. Speaker. I that his policy of exploding eight nu- ask, Mr. Speaker, has President Chirac clear bombs is absurd and totally NUCLEAR PLAN BLAMED FOR CHIRAC’S ever taken the time and courtesy to wrong. POPULARITY DROP consult with the French citizens living FRENCH NUCLEAR OFFICIAL VOWS SAFETY OF (By David Buchan) there. Of course not, because it is my TESTS French president Jacques Chirac’s decision belief that even the lives and health of A senior official of the French Atomic En- to resume nuclear testing has now hit him these people are determined by the ergy Commission told the French Par- where it hurts most—at home. According to military and President Chirac as ex- liament Defense Committee last week that, an opinion poll published yesterday, the from a purely technical viewpoint, nothing president’s standing has fallen 20 percentage pendable. The same way, Mr. Speaker, prevented France form conducting nuclear points in the past month. on how the French Government deter- tests on its own territory. The survey by the Ifop polling institute mined that the lives of some 75,000 The testimony, likely to be given wide- showed that the number of people satisfied French citizens who were forcibly de- spread publicity, will supply new arguments with Mr. Chirac’s rating fell from 54 per cent ported to Nazi concentration camps to opponents of French nuclear tests who in June to 44 per cent this month. In his first during World War II. And why? Because have suggested, half jokingly, that the tests month of office between May and June, the they were expendable. be conducted in France if they are indeed as president’s populatrity fell five points. Mr. Speaker, I ask the good people of harmless as claimed by French president Analysing the poll in yesterday’s Journal Jacques Chirac. du Dinanche newspaper, Professor Jean-Luc France to support the concerns of mil- Despite mounting international criticism, Parodi, a Paris political scientist and con- lions of your fellow human beings who Chirac confirmed last week that France will sultant to Ifop, said there was no doubt that live in the Pacific by telling President proceed with plans to resume nuclear tests Mr. Chirac’s June 13 announcement of a final Chirac and his military cronies— in its Pacific territories. series of eight tests in the south Pacific by France does not need to explode eight JAPAN THREATENS ACTION OVER FRENCH TEST next May was the main cause for the fall. more nuclear bombs in the Pacific. PLAN The nuclear test decision was ‘‘spontane- Mr. Speaker, despite indications that Japanese leaders have intensified protests ously cited in a massive and exceptional the public in France and in French to France over its declared resumption of nu- way’’ by respondents to the poll, Prof. Polynesia do not support French nu- clear tests in the Pacific Ocean, threatening Parodi said. Mr. Chirac insisted on June 19, and subse- clear testing in the Pacific—why does that Tokyo will propose a resolution to the United Nations, send a protest flotilla and quently, that he would not go back on his de- President Chirac insist that France ex- boycott French imports, including weapon cision to end the three-year moratorium in plode eight more nuclear bombs? Some systems for the Defense Agency. French nuclear testing. But yesterday’s poll say to verify the reliability of its nu- Prime Minister Tomiichi Murayama said will come as an unpleasant surprise to the clear trigger system. But Mr. Speaker, July 19 in Hiroshima that Japan, plans to Chirac administration that had counted on the United States has already exploded submit a draft resolution to the U.N. General French public opinion remaining immune to over 1,000 times—nuclear bombs to ver- Assembly in the fall calling for comprehen- the foreign outcry. France has a realitively weak anti-nuclear ify and to test the reliability of our nu- sive prohibition of any kind of nuclear deto- nation testing. movement of its own and a rather distant re- clear arsenals. Mr. Speaker, our coun- lationship with Australia and New Zealand try has already developed the tech- FRANCE IS READY TO MEET PEACE FLOTILLA where protests have been loudest. But the nology—we have even offered France WITH ARMADA spread of the protests to Europe, and the the technology—why is President PAPEETE, TAHITI.—France has stretched prospect of a growing commercial boycott of Chirac reinventing the wheel, Mr. cables across the entrance to Mururoa French goods and services, has now brought Speaker? Atoll’s lagoon and installed a sophisticated criticism at home. It troubles me, Mr. Speaker—and security system to stop a peace flotilla from Some respondents in the Ifop survey com- what a sad commentary to make of the reaching its South Pacific nuclear test site. plained that Mr. Chirac had given little Vice Adm. Philippe Euverte, commander in warning of his nuclear decision during his new leadership of France. What arro- chief of the armed forces in French Polyne- election campaign and does little to justify gance and total disregard that Presi- sia, also said the French navy is prepared to it since. dent Chirac makes of the serious envi- send its own armada to stop the flotilla from French diplomats are resigned to the pros- ronmental concerns that nations of the interfering with the blasts. pect of criticism continuing over the next H 8156 CONGRESSIONAL RECORD — HOUSE August 1, 1995 few weeks, first at a series of meetings in Test ban opponents have made much of the First of all, Mr. Speaker, let me say Brussels at the end of this month by the As- few cases where there were surprises in tests I rise as a 9-year member of the Na- sociation of South East Asian Nations, and of new warhead designs. But in every case, a tional Security Committee and the then on the occasion of the August 6 and 9 new feature—for example, a new type of anniversaries of the atomic bombings of Hir- chemical explosive—had been introduced current chairman of the Research and oshima and Nagasaki. whose performance was known by the design- Development Subcommittee, and as The Bosnian crisis does not appear to have ers to be questionable under some condi- someone who is not just a self-pro- contributed to the decline in Mr. Chirac’s tions. Such problems have little relevance to claimed hardliner when it comes to propularity. the well-tested designs in the enduring dealing with the former Soviet Union But it was noteworthy yesterday that stockpile. and now Russia, as well as those rogue prime minister Alain Juppe, whose remit is To the argument that use of a new plastic nations around the world, but as some- mainly domestic policy, fared far better in or a change in the technique used to manu- the Ifop poll than his president. His ‘‘satis- facture plutonium components might de- one who spent the bulk of my last 20 faction’’ rating fell from 55 to 51 per cent grade the performance of the warheads, we years working on building bridges with over this past month. would respond, ‘‘Don’t fiddle with them’’ At the Russian people. the same time, experience has shown that My approach to Russia is one of prag- A PENTAGON SHELL GAME WITH EVERYTHING the designs are robust enough to tolerate the matism. Reach out to the Russian peo- TO LOSE inevitable minor changes that would occur ple, work with them, build relation- (By Frank von Hippel) in remanufacture. There were more dif- ships on trust and mutual cooperation, Around the world, expressions of outrage ferences between the warheads in the stock- but hold them accountable when they pile and the prototypes made by the nuclear- have greeted French President Jacques violate treaties on defense and foreign Chirac’s decision to carry out major nuclear weapons laboratories than there would be weapons tests—some perhaps as large as with future remanufactured warheads. Yet policy issues. 100,000 tons TNT equivalent—in the South both worked. My background is in Russian studies, Pacific this winter. France characterizes the Based on U.S. experience, the objective my undergraduate degree is in that tests as the ‘‘last’’ before a comprehensive value of ‘‘reliability’’ tests is negligible in area. Twenty years ago I spoke the lan- test ban is signed next year. Little atten- comparison with the cost of reneging on the guage fluently. I have traveled tion, however, has been paid to France’s de- deal with the non-weapons state, which throughout the country, stayed in Rus- termination to conduct powerful ‘‘small’’ promises that we will all work together against the spread and to reduce the num- sian people’s homes, and I have this tests—100 or 200 tons TNT-equivalent—for- year hosted well over 100 members of ever. bers of these terrible devices. President Clin- This would be a perfect time for the United ton should reject the demands of those who the Duma in various meetings and ses- States to urge Chirac to reconsider this posi- would test forever and should urge President sions. tion. Unfortunately, the Clinton Administra- Chirac to do the same. Mr. Speaker, currently I am the tion is not doing so. Instead, its attention is f cochair of the Russian-American En- focused on a Pentagon proposal to leapfrog ergy Caucus with my colleagues, the the French position and require that the REPORT ON RESOLUTION PROVID- gentleman from Texas, GREG comprehensive test ban allow tests with even ING FOR CONSIDERATION OF LAUGHLIN, on the Republican side, and larger yields. H.R. 1555, THE COMMUNICATIONS the gentleman from Maryland, STENY A test ban that allowed tests with yields of ACT OF 1995 hundreds of tons would create an opening for HOYER, and the gentleman from Illi- efforts to develop ‘‘usable’’ ‘‘micro-nukes’’ Mr. LINDER, from the Committee on nois, GLENN POSHARD, on the Demo- and ‘‘mini-nukes.’’ It would therefore be seen Rules, submitted a privileged report cratic side. Working with the 16 multi- as a fraud by virtually all of the 170 non-nu- (Rept. No. 104–223) on the resolution (H. national energy corporations, we at- clear states that agreed this spring to an in- Res. 207) providing for consideration of tempt to foster relationships that build definite extension of the Non-Proliferation the Communications Act of 1995, which bridges between our energy corpora- Treaty after receiving a commitment that was referred to the House Calendar and tions and joint venture opportunities the Comprehensive Test Ban Treaty would ordered to be printed. in Russia to allow them to bring in the be signed next year. The Pentagon, like the French military, f hard currency they need. Most re- cently, this past year, we worked with argues that it will lose confidence that its b 1845 weapons will retain their destructive power our administration and the Yeltsin ad- if it cannot see their fission triggers tested UNITED STATES-RUSSIAN JOINT ministration and members of the Duma now and then at partial yield. Lack of con- EFFORTS to complete the final support and ap- fidence is a psychological state, however, in The SPEAKER pro tempore (Mr. proval within the Duma for the this case largely self-inflicted by the Penta- Sakhalin project, a project that is in gon’s requirement that the power of war- METCALF). Under the Speaker’s an- heads be guaranteed to within a margin for nounced policy of May 12, 1995, the gen- fact the largest energy project in the which there is no military justification. Any tleman from Pennsylvania [Mr. history of not just Russia, but the en- objective assessment of the record of more WELDON] is recognized for 60 minutes tire world, that will ultimately see ap- than 1,000 U.S. nuclear tests would give great as the designee of the majority leader. proximately $10 to $15 billion of west- confidence that the immense destructive Mr. WELDON of Pennsylvania. Mr. ern investment through companies like power of the current stockpile can be main- Speaker, I will not take the entire McDermott Marathon go into the tained without detonation tests. This con- hour, but rise this evening to focus on Sakhalin area for development of Rus- fidence extends to faithful copies of these an issue that will be heavily discussed sian energy resources. weapons if it becomes necessary to remanu- Mr. Speaker, we are also working on facture them. tomorrow and later this week as we Those arguing the contrary position often vote on the next fiscal year Defense ap- the Caspian Sea project, which we hope ask rhetorically, ‘‘Would you expect your car propriation bill. will provide a force to unify some of to work if you stored it for 20 years without Mr. Speaker, I think it is important the warring factions down in the Cas- testing?’’ Of course not, but the analogy is that we approach defense spending in pian Sea area, and also further help misleading. A nuclear warhead ‘‘works’’ only this day and age with a very cautious stabilize the Russian economy through one time. Still, if you supported eye to what is happening, not just in development of their energy resources. multibillion-dollar laboratories to test the the Soviet Union, but around the Mr. Speaker, I also cochair an effort components of your car under stressful con- working with the Duma members on ditions, adjusting and replacing them as nec- world. To that extent, I will be enter- essary, would it work? You bet it would ing some documents into the RECORD environmental issues. Just last year I The functioning of nuclear warheads is this evening. I think Members should led a delegation of Members to Mur- also checked by replacing the plutonium especially focus on, not just for the mansk, the North Sea fleet, to talk with an inert simulant and then using a pow- votes that will occur tomorrow and the about how we could work with them in erful X-ray machine to verify that it im- rest of the week, but also for debate finding ways of disposing of the Rus- plodes into a configuration that would that we will be having further on in sian nuclear waste that is coming from produce a nuclear explosion of the desired this session of Congress, during the the dismantlement of their ships and yield. All of our nuclear weapons have been designed with these and other sophisticated conference process and as we begin to their submarines, as well as to try to implosion tests before actual testing. As a debate the relative importance of con- help the Russians stop what has been a result, the nuclear tests were successful with tinuing within the confines of the ABM recurring practice over the past two remarkably few exceptions. Treaty. decades of dumping nuclear reactors August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8157 and nuclear waste into the Bering Sea, show them that we sincerely want to each of which, in fact, amounts to a sensa- the Arctic Ocean, and even out in the work with them to bring about the eco- tion. First, Russia is developing, at the de- East, in the Sea of Japan. That effort nomic reforms that they want, the po- sign stage so far, a new submarine missile cruiser. To all appearances, its technological is paying tremendous dividends, and litical reforms, the freedoms that they performance will by far eclipse that of the there is an ongoing effort right now long for. But at the same time, we American ‘Ohio’ type subs which form the among members of the parliaments of must not underestimate what is hap- basis of the U.S. nuclear forces until the not just Russia, but the European Par- pening within the former Soviet Union, year 2020 at a minimum. In other words, Rus- liament, the Japanese Diet, and our and now Russian, military. sia plans for more than one day ahead de- Congress to focus on this as one of our spite the unprecedented cuts in funds for b 2000 major priorities, the stopping of all military R&D. dumping of waste, especially nuclear Many of those military leaders there Second, a new missile for bombers is being developed which will make it possible to waste, in the oceans of the world. To today were in power during the Soviet regime. Many of the ideals and goals of keep them effective also into the start of the that extent we held a conference here next century at small cost. Work is in in Washington just a month ago where those leaders are similar today to what progress also in other fields. they were then, and we must under- we had attendees from Russia, Japan, The point of this article is that Rus- stand that. Europe, and the United States in try- sia, while it has certainly cut back its We must deal with the Russian lead- ing to form a cooperative relationship funds for the military, is still develop- ership from a position of understanding in dealing with these problems. ing state-of-the-art technologies, not while showing compassion and willing- Mr. Speaker, we are currently work- just to match what America has, but to ness to work with them to help sta- ing with the Russian shipyard at St. give them an edge, an edge that we bilize their economy and their country. Petersburg, the Baltic shipyard, to have to be able to deal with through convert it to an environmental remedi- Mr. Speaker, before continuing, I yield to the gentleman from Georgia the turn of the century. ation center, where Russian workers Mr. Speaker, I include the article for [Mr. LINDER]. who formerly built warships can be the RECORD: trained to dismantle old rusty vessels Mr. WELDON of Florida. Mr. Speak- er, the point being that we must con- START II TREATY RATIFICATION SEEN where the steel can be melted down and ASSURED tinue to reach out to the Russian peo- reused to benefit the Russian economy. [Report by Aleksandr Koretskiy: ‘‘START Mr. Speaker, we are working in Sibe- ple and their leadership. As a Member II Hearings. Cuts Are In Order Because There ria, Nizhneyansk, in a joint venture to of Congress, I pledge my efforts to Are No Maintenance Funds’’] establish environmental opportunities reach out to members of their Duma. [FBIS Translated Text] The ratification of with American firms and Russian firms But we must also let them understand the START II treaty (on further cutting and to create jobs and economic oppor- that we will not be shortsighted, that limiting strategic offensive weapons) will help Russia minimize the difference between tunity and to also help stabilize envi- we will not allow blinders to be pulled over our eyes in terms of what is hap- its nuclear potential and that of the United ronmental problems in Russia. States. As for Russia’s counter-force poten- Third, Mr. Speaker, we are working pening in their country. tial, it will even grow 20 percent despite the on an effort to establish a joint Duma- Mr. Speaker, it is not just talk or cuts as a result of the implementation of Congress relationship between mem- rhetoric that is important; it is the START II owing to a marked decrease in the bers of the Duma Defense Committee substance and actual extent of involve- corresponding potential of the United States. and members of our National Security ment of both countries in bringing Such is only the smaller part of the argu- Committee. Two months ago, the gen- about long-term peaceful relations. My ments by those who advocate the ratifica- tion of the treaty voiced in the course of the tleman from South Carolina, FLOYD own fear as a member of the Commit- first open hearings in the Duma. The final SPENCE, chairman of the Committee on tee on National Security is that our two biggest security threats, as we ap- conclusions on the feasibility and, perhaps, National Security, the gentleman from additional terms of ratification will be Louisiana, BOB LIVINGSTON, chairman proach the next century, involve ter- drawn in September—there will be separate of the Committee on Appropriations, rorism throughout the world and in hearings on the financial aspects of START and the gentleman from California, this country, and the proliferation of II implementation. One can already today, DUNCAN HUNTER, chairman of the Sub- missiles and weapons of mass destruc- however, say with confidence: despite the committee on Military Procurement, tion. To that extent, we must under- pessimistic forecasts of its opponents, the and I met for 3 hours with five mem- stand what our threats are, what we treaty will be ratified with no special prob- can do about those threats and how we lems by the current State Duma. bers of the Russian Duma Defense The treaty was signed by Boris Yeltsin and Committee. can work with our allies and countries George Bush in Moscow 3 January 1993. Many Mr. Speaker, the purpose of that like Russia to develop common de- a lance has been broken since over the ratifi- meeting was to reach out to them and fenses against those threats. cation problem both in Russia and the Unit- say look, we are not out to establish Some in this body would have us be- ed States: some congressmen are sure that some kind of a dominant relationship lieve that the Russians are no longer START II considerably lowers America’s de- over your people or your country, we putting money into sophisticated fense potential. A similar view, but as ap- are out to work with you, to change weapons systems. Mr. Speaker, that is plied to Russia, is also voiced by a number of Russian deputies. The Russian politicians the whole notion of the way that we just not true. Mr. Speaker, I would like to submit primarily doubt the feasibility of what is at focus our efforts in the world, so that first sight an abrupt change in the structure instead of building up more and more for the RECORD an article taken from of the Russian strategic nuclear forces: nuclear weapons and continuing this the FBIS reports, which I scan on a under the treaty, the sea-based component of ridiculous posture of mutually assured daily basis. This article is taken from Russia’s nuclear forces should be upped from destruction, to move toward a defen- Moscow Kommersant-Daily, printed in 30 percent to between 50 and 58 percent. And sive posture where we asked the Rus- Russian on July 20 of this year, enti- this should be done by cutting the number of sians and their leadership and their tled ‘‘START II Treaty Ratification ground-based missiles. Russia will in fact have to scrap the new generation SS–18 and technical experts to work with us in Seen Assured,’’ and in it the author Aleksandr Koretskiy, goes through the SS–19 ground-based intercontinental mis- developing defensive capabilities, much siles. Shifting the center of gravity to sea- like Ronald Reagan first proposed some determination that it is in Russia’s based missiles can take place only in theory: 10 years ago. In fact, we had that meet- best interest to ratify START II and, 90 percent of the submarine missile cruisers ing, which was very successful, and we therefore, that will occur. were built before 1990, which implies that are currently planning on taking a What is interesting in the article, their service life will be up in the year 2015. group of similar leaders to Russia to that we should be aware of, is that the Russia actually does not build new subs— continue that dialog with members of Russians are still developing state-of- their keels have been laid but construction the-art military technology. has been halted by lack of funds. A relative the Russia Duma Defense Committee. stability will only prevail in strategic avia- A number of statements were made in the Mr. Speaker, all of these efforts are tion—the fleet of Tu–95 MS and Tu–160 bomb- hearings, designed to show that yes, we must ers will be cut under the treaty by as little reach out to the Russian people, to these are hearings among the Duma as 24 bombers. By 1998, the Air Force is sup- their government, to their leaders, to members, posed to have not more than 113 planes H 8158 CONGRESSIONAL RECORD — HOUSE August 1, 1995 whereas their number today is 137. and 53 of edented cuts in funds for military R&D. Sec- art technology. Not just for its own them are outside Russia (7 in Kazakhstan ond, a new missile for bombers is being de- protection, but perhaps more signifi- and 44 in Ukraine), for which reason no Rus- veloped which will make it possible to keep cantly to begin to sell these conven- sian planes should be scrapped. Incidentally, them effective also into the start of the next tional arms to other nations that may it came to light during the hearings that century at small cost. Work is in progress Moscow did not lose all interest in Ukrainian also in other fields. not have the same peaceful intentions strategic aviation at all—the Russian Air The deputies’ reaction to the reports of as Russia’s current civilian leaders and Force is still counting on it. military and independent experts and the na- we have. All the military strategy doubts of the ture of the questions asked make it possible Mr. Speaker, we witnessed this past politicians were dispelled by Vladimir to claim: the Duma is not only going to rat- year the selling of three Russian sub- Zhurbenko, first deputy chief of the General ify START II, but it may also pass a special marines to Iran. We have witnessed ef- Staff. He thinks that by cutting the number Russian strategic nuclear forces develop- forts to sell technology to China. As a of warheads to 3,500, START II facilitates ment program with corresponding funds. matter of fact, I was aghast when I the formation of a grouping of strategic of- On the issue of a new superfighter, in fensive forces which is adequate to that of read that we were, in fact, allowing the United States. Indeed, reducing the num- a FBIS report summarizing a Moscow proliferation to occur involving the ber of warheads mounted on intercontinental Interfax article, dated July 20 of this Russians in countries where we could missiles and submarine-based missiles does year, talking about the capabilities of have imposed sanctions and yet had not call for remodeling or replacing the MRV the new Russian superfighter, and I backed down on repeated occasions. [multiple reentry vehicle] platform and the will quote: Mr. Speaker, this is an issue that destruction of the warheads removed from ‘‘The Sukhoy Design Bureau will ex- this body has got to deal with, an issue them, which gives potential advantages— hibit its latest product, the that we have got to confront. it is im- this creates the danger of a quick increase in superfighter Su–35, at the MAKS–95 nuclear potential if the United States pulls portant for Members, as we get ready out of the treaty. In this case, the United Moscow air show in August,’’ this to debate the issue of defense appro- States will have more warheads than Russia month, ‘‘the bureau’s designer-general, priations levels for next year and the by 55 percent. But this is still less than what Mikhail Siminov, told a solemn meet- defense conference process that will it would have had under START I. This is to ing on the occasion of the 100th anni- unfold in the fall, that we understand say, the United States is not getting a real versary of Pavel Sukhoy’s birthday. what is happening, based on the facts. edge, while Russia retains the effectiveness Siminov told Interfax that Su–35 was a It is important that we understand pro- of its nuclear forces in retaliatory actions. dramatically modified version of the liferation that is occurring throughout As regards the change in the structure, Zhurbenko stated that it would have to be Su–27 jet. However, the new aircraft the world, not just by Russia, but by altered in any case—most ground-based mis- differed from the original by its excep- other countries. siles are at the end of their useful life. They tional maneuverability, adjustable China is a perfect example. The Clin- are supposed to be replaced by new missiles thrust vector, new armament system ton administration, Mr. Speaker, to which Russia does not have. More accu- to simultaneously destroy 6 ground and my mind, seems incapable of employ- rately, there is no base for building heavy naval targets and artificial-intel- ing a toughness in terms of prolifera- missiles of the SS–18 and SS–19 type which ligence computer.’’ tion of weapons of mass destruction. are produced in the Ukrainian ‘‘Yuzhmash.’’ He goes on to say, ‘‘ ‘In the West, A good example of that is China’s In principle, industrial cooperation could be sale of missiles and missile technology arranged, but after Kiev joined the Nuclear such fighters do not yet exist,’ Siminov said. ‘The only exception is the U.S.- to Iran and Pakistan. Classified evi- Nonproliferation Treaty, this opportunity dence of these sanctionable trans- was lost. As a result, Russia is able today to made X–31, but no other analogues will produce on its own only one type of missile— appear within the next five years,’ he actions have been on the books since the single warhead ‘‘Topol,’’ on whose basis added. the President’s first day in office. its ground based forces will be developing. ‘‘If sufficient funds are set aside by What has been the President’s re- Plans call for production of two versions of the state, Russia’s superfighter Su–27 sponse? First, the State Department this missile—one for the existing mobile and versions of it will occupy the first tried to sanction China’s missile missile systems, and the new ‘‘Topol-M’’ sys- position in the world’s arms market in maker, the Great Wall Industries, but tem. not long after, withdrew those sanc- An important START II provision, the the third millennium, Western experts say. tions. Then United States officials military thinks, is the fact that, in the num- claimed that they had secured Chinese ber of warheads, the treaty brings U.S. nu- ‘‘At present, Russia’s Air Forces have clear forces down closer to a level which over 250 Su–27 fighters.’’ pledges not to proliferate. Russia is objectively capable of maintaining. Mr. Speaker, I include the article for Evidence of Chinese missile prolifera- tion to Iran and Pakistan continued The Russian military, one might say, the RECORD: dreamed of really counting in the warheads and was leaked in the press last month. MILITARY, NUCLEAR & SPACE ISSUES carried by bombers provided for by START This evidence continues to mount. So II. The thing is that under START I, each MOSCOW, July 20.—The Sukhoy Design Bu- far this administration has taken no reau will exhibit its latest product, the Russian strategic bomber can carry 8 nu- new action. clear-tipped missiles (in reality this figure is superfighter Su–35, at the MAKS–95 Moscow air show in August, the bureau’s designer- And then there is Russia, Mr. Speak- 6), whereas a U.S. Air Force bomber can er. Here the administration lifted sanc- carry 10 missiles (in reality 20). general, Mikhail Simonov, told a solemn Generally, the military and diplomats con- meeting on the occasion of the 100th anniver- tions that were imposed by the Bush vinced the deputies: START II is almost sary of Pavel Sukhoy’s birthday. administration against Glavkosmos, a manna as far as Russia is concerned. At any Simonov told INTERFAX that Su–35 was a Russian firm that violated the MTCR, rate, Russia cannot afford forces that the dramatically modified version of the well- missile technology control regime, USSR could have hardly maintained. The known Su–27 jet. However, the new aircraft guidelines. It had exported sensitive problem is not so much direct funding but differed from the original by its exceptional upper-stage rocket technology to In- maneuverability, adjustable thrust vector, also the industrial and technological base dia’s Indian Scientific Research Orga- that ended up on the territory of independ- new armament system to simultaneously de- stroy six ground and naval targets and artifi- nization, including production and in- ent CIS republics. when all is said and done, tegration technology. This know-how we should also take account of Russia’s new cial-intelligence computer. geostrategic situation, different foreign pol- ‘‘In the West such fighters do not yet could help India extend the range of its icy priorities, and the development of mili- exist,’’ Simonov said. The only exception is missiles to reach Bejing and improve tary technology. the U.S.-made X–31, but no other analogues Indian upper rocket stages in general. Apropos of technology. A number of state- will appear within the next five years, he In exchange for Russian pledges to ments were made in the hearings, each of added. stop such technology transfers to If sufficient funds are set aside by the which, in fact, amounts to a sensation. First, India, the administration, in Septem- Russia is developing (at the design stage so state, Russia’s superfighter Su–27 and ver- sions of it will occupy the first position on ber 1993, offered Moscow hundreds of far) a new submarine missile cruiser. To all millions of dollars in space cooperation appearances, its technological performance the world’s arms market in the third millen- will by far eclipse that of the American nium, western experts say. projects. At present, Russia’s air forces have over ‘‘Ohio’’ type subs which form the basis of the Mr. Speaker, I am not saying that we 250 Su–27 fighters. U.S. nuclear forces until the year 2020 at the should not cooperate, but we have got minimum. In other words, Russia plans for Mr. Speaker, evidence that Russia is to set a tone of firmness. When coun- more than one day ahead despite the unprec- still continuing to develop state-of-the- tries, whether it be China or Russia, August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8159 violate proliferation agreements and currently have nuclear warheads on Mr. Speaker, here is the real prob- violate understandings that we have, them. However, what Russia has been lem, besides the lack of attention and this administration has got to be firm. doing for the past 2 years is, it has focus by the administration and the That has not worked. been trying to sell a version, a modi- clear and consistent policy to call What Clinton officials have chosen fied version, of the SS–25 to any coun- these acts when they occur, like the re- not to do about MTCR violations, how- try that, in fact, would want to have a cent sale of rocket motors to China by ever, is far less disturbing than what space launch capability. the Garrett Engine Co., which are they recently announced that they are What problems does this present for being used for fighter planes. planning to do. That is to make MTCR us? Well, imagine, Mr. Speaker, a mis- But unless the administration takes members of the nations that are violat- sile that has a range of 10,500 kilo- some overt action this year, the tech- ing the regime. The Clinton adminis- meters. Take the nuclear warhead off nology will be transferred to China, tration hopes this will encourage prob- of that missile and modify it to become which we think will allow them to in- lem proliferators to become part of the a space launch vehicle, and you can crease the capability of their cruise nonproliferation solution. In fact, I offer it for sale to anyone. missiles. This administration has re- think it is shortsighted diplomatic Brazil has been very interested in ac- mained silent on blocking that tech- public relations that will trivialize the quiring this capability and, in fact, had nology transfer. MTCR and, worse, turn the regime into a tentative deal worked out until the Again, Mr. Speaker, what we are a major proliferation promotion orga- administration and Members of Con- talking about, whether it is it is the nization. gress, including myself, stepped up and SS–25, whether it is the SS–18, whether How is this possible? Simple. Both said, ‘‘We cannot allow this to go for- it is technology to help the Chinese im- U.S. law and the missile technology ward;’’ and Brazil temporarily backed prove their cruise missile capability, control regime guidelines discourage off. We understand Russia has had whether it is North Korea Taepo Dong- U.S. exporters and other members of other discussions with other countries 1 or -2, which has a range of 5,500 kilo- the MTCR against selling missile tech- who would like to use this technology meters, which today could hit Guam or nology to non-MTCR members who for space launch purposes. Alaska, Mr. Speaker, these are real sit- have missile projects of concern or who Now, you are not going to have a nu- uations that every Member of this body have had a bad track record proliferat- clear warhead on this missile, but, Mr. has to understand. ing missile technology to other na- Speaker, what we are talking about No longer can this body vote in a tions. doing is giving other nations the capa- vacuum. We must understand and rec- Once these countries are made mem- bility that comes with a missile that ognize the facts as they are. The docu- bers of MTCR, which the Clinton ad- has a range of 10,500 kilometers. Fur- ments that I am placing in the CON- ministration proposes to do now, there thermore, if you believe what the Clin- GRESSIONAL RECORD today are factual is a legal presumption of approval for ton administration tells us in terms of statements by leaders in Russia, docu- the very missile transfers that were the current command and control of mented articles of situations occurring previously barred, which means that the Russian nuclear arsenal, that all with China, North Korean develop- once these countries are able to be a dissipates when you take the SS–25, as ments in China. It will take only one of part of the MTCR, they can sell their modified, and you give it to a Russian those systems to get in the hands of a missiles without any sanctions being profitmaking venture to market on the rogue nation and then what do we do, available to the United States and open market as a space launch vehicle. Mr. Speaker? That is exactly what is happening other countries. b Under U.S. law, a nation that be- today. In fact, several months ago, the 2015 comes a member of the MTCR can no world witnessed the first unsuccessful General O’Neill, who is the adminis- longer be sanctioned for importing the launch of an SS–25 modified rocket tration’s point person on missile de- hardware or technology needed to com- with an Israeli satellite on board from fense, has said repeatedly in our con- plete dangerous rockets or missiles or the Pozitiskiya Aerodrome. It was not gressional hearings this year that if a export it to any MTCR member. successful, and the rocket and the sat- nation acquires the capability of an What sort of nations might these be? ellite fell into the Sea of Okhotsk. The SS–25 or SS–18, or perhaps even a Until the past few months, even the fact remains, Mr. Speaker, that Russia Taepo Dong II with a range of 5,500 kil- Clinton administration claimed that is aggressively trying to export this ometers, we, as a country, have no de- they included Brazil and Russia. technology. fense against an accidental or delib- Mr. Speaker, I will enter into the Make no mistake about it, Mr. erate launch of one vehicle. We have no RECORD, with unanimous consent, arti- Speaker, I do not fear for the safety of system available today, with all the cles where Brazil, in fact, has been our people from an all-out nuclear at- money we spend on defense, with all working on the capability for rocket tack by Russia. That is not my con- the money we spend on military every technology which they have purchased cern. What I fear, Mr. Speaker, is the year, we have no system available from Russia through the black market. capability the Russians have with the today to protect the American people And I will provide an article once again SS–25 and the SS–18, which they are from such a launch. from the FBIS documents that Mem- also currently trying to market for Mr. Speaker, to me that is out- bers can read. space launch purposes to a Third World rageous, and to most of our colleagues In addition, Brazil has made it rogue nation. in this body that is outrageous, and known that they would like to have You give any of the rogue nations of that is why this year, in our defense the capability that one of the most so- this world one of those missile launch bills, we have plussed up missile de- phisticated Russian rockets offers in systems, allow them then to put a con- fense accounts by about $900 million in terms of a space launch capability. ventional weapon on board, a conven- the House. Hopefully, through the con- SS–25 is perhaps the most sophisti- tional bomb or perhaps a chemical or ference process, we will come some- cated intercontinental ballistic missile biological weapon, and with the range where in between what the Senate that Russia has today. It has a range of of an SS–18 or an SS–25, our country plussed up, about $600 or $700 million, 10,500 kilometers. It can hit any city in and our people are under direct threat. and what we plussed up. any part of America with that range. It Mr. Speaker, this is reality. This is We focused on four specific areas, Mr. is a mobile-launched system, launched not some hypothetical situation made Speaker. We focused on theater missile off of the back of a mobile-launch trac- up in some star wars movie. Mr. Speak- defense to give our troops protection tor that can be moved around the coun- er, this is what is occurring today in- when they are in a theater of operation try. Russia has somewhere less than a side of Russia as proliferation of these against an incoming missile attack, thousand of these launchers through- missiles is a top priority. As the Rus- like we saw in Desert Storm with the out Russia and the former Soviet re- sians are looking for ways to bring in Scud. In the world today, 71 nations publics. hard currency, they see one of the have cruise missiles, have the capabil- Each missile battery has the poten- quickest ways as selling off this tech- ity of attacking our soldiers and our tial of launching three missiles, which nology, like the SS–25 and the SS–18. allies. The only systems we have in H 8160 CONGRESSIONAL RECORD — HOUSE August 1, 1995 place today are the upgrades of the Pa- are very crude, like the Scud system Mr. Speaker, this is not some radical triot, quickly becoming outmoded. We that we saw used by Iraq over in Desert right wing conservation bashing the have funded theater missile defense to Storm, but, Mr. Speaker, some of them former Soviet Union. This is a re- allow us to continue to develop and de- are extremely sophisticated and spected individual who has studied the ploy the most sophisticated theater present real challenges to us from a de- issue of command and control of the based systems that money can buy, and fensive posture. Russian nuclear arsenal. In fact, he our funding does that in this year’s de- Mr. Speaker, all the more reason why goes on to say in his article that the fense bill. we have to focus on the threat that is Pentagon itself has conducted exer- The second thing we did, Mr. Speak- out there and what is happening in cises to practice United States re- er, is we plussed up national missile de- these rogue nations. We have to under- sponses to nuclear anarchy in Russian, fense spending. This will give us the stand that when we make a decision as including scenarios that feature illicit eventual capability to protect the to how much money we are going to strategic sites by Russian commanders. mainland of America against the kind spend on defense or on missile defense Can you imagine that, Mr. Speaker? of rogue launch that I talked about or missile proliferation activities that We now have evidence that our own earlier. If a rogue nation were to get an it must be based on sound scientific Pentagon leaders have done practice SS–25 or an SS–18, or if North Korea evidence. sessions that, in fact, would have us as- would sell off a version of the Taepo Mr. Speaker, another article I want sume that nuclear anarchy has broken Dong II, that we would be able to pro- to submit for the RECORD is a recent out in Russia and that perhaps the tect our people in this country from a publication appearing in the Brooking American mainland is at threat. That single launch. We would not be able to Review written by Bruce Blair entitled is being done, Mr. Speaker, at a time protect our country if a massive launch ‘‘Lengthening the Fuse’’, and, by the where we have no capability to defend were to occur, but, by all practical way, Mr. Blair has been a witness at our mainland against a nuclear attack, standards, we do not think that will hearings, primarily brought in by either isolated or perhaps a happen. Democrats to testify on missile pro- multiweapon or multilaunched nuclear No one can assure us, however, that a liferation issues. This article is must attack. rogue nation will not get the capability reading for every member of this body, Another quote from Mr. Blair. ‘‘From of one, two, or three missiles, or, say, a because Mr. Blair now makes the case the standpoint of operational safety, battery of SS–25’s that could be threat- that from the standpoint of operational Russia’s nuclear posture is more dan- ened to be launched against an Amer- safety, Russian’s nuclear posture today gerous today then it was during the ican city. Today we have no protection is more dangerous than it was during Cold ‘‘War.’’ Again a quote. ‘‘The Pen- for that, Mr. Speaker. Not one iota of the cold war. tagon has so internalized deterrence as protection. Our plus-up in the national He goes through the scenario of the the essence of its mission that it sim- missile defense account allows for $400 possibilities for nuclear anarchy, from ply cannot bring the two different con- unauthorized use of weapons by rebel- million of increased funding that, even ceptions of nuclear threat, the risk of lious commanders in the field, to polit- with this level of funding, will not deliberate attack and the danger of ical breakdown in Moscow, to a spread allow us to deploy a program, in Gen- loss of control, into clear focus and of nuclear weaponry and material on eral O’Neill’s estimation, until ap- perspective.’’ the global black-market. Another quote. ‘‘If safety is ever to proximately 4 years. Four years of vul- Mr. Speaker, another article I will nerability. be put first in U.S. nuclear planning, it submit for publication in the RECORD If the people of this country see what will be because public discussion and today is an article within the Russian has been happening around the world broad public support, not the Penta- news media focusing on the problems of with terrorism, and see what happens gon, put it there.’’ the control of the nuclear arsenal and Mr. Speaker, Bruce Blair has hit the when rogue nations and people like the lack of adequate dollars to fund nail on the head. We are not doing an Saddam Hussein get capabilities be- those military personnel who are mon- adequate job of monitoring what is yond their ability to manage, we then itoring on-site the Russian nuclear ar- happening and what could happen in are threatened, and for 4 years, under senal. the administration’s plan, we will have In that article there is discussion the former Soviet republics. Some no protection, Mr. Speaker. about the fact that you can have all would argue all is well. The third area that we plussed up the safeguards you want from a tech- Perhaps I will submit another article funding was for a program called Bril- nology standpoint, but if the men and for the RECORD with unanimous con- liant Eyes. Brilliant Eyes is a space- women who are monitoring those sys- sent again, Mr. Speaker, that talks based sensor program that will allow tems are not being paid, if they do have about what has recently happened in us to see a missile when it is launched. the quality of life issues that are im- Belarus. Belarus, Mr. Speaker, is one of We do not have that capability today. portant to them, the technical consid- those former Soviet republics that hap- If a rogue country launches a missile, erations go out the window, and that is pens to have nuclear weapon capabil- and the ultimate destination is Amer- the kind of threat that we have to fully ity. Just in July of this year less than ica, today we do not have a system in assess. 1 month ago, what did the President of space that can tell us that launch has Mr. Blair goes through that in great Belarus say about his country’s agree- occurred. Why is that important? It is detail, and some of the quotes in here ment to put all the SS–25’s back into important because it gives us more are the kinds of quotes that Members Russia? There are 18 remaining in time to take that missile out once it is have to look at and understand, be- Belarus. He said, and this article was launched, and to take it out on the rise cause they are critical to our posture printed on July 6, 1995, in Moscow’s as opposed to on the descent. We plus- in terms of defending our people in this Izvestiya, in Russia, he said, and this is up the Brilliant Eyes program to give country against what could happen in Alyaksandr Lukashenka, the President us that technical capability. the former soviet Union. Let me quote of Belarus, that he had made a decision The fourth thing we do in both the just one piece from this article. to stop the movement of the SS–25’s authorization and the appropriation ‘‘The disintegration of the former So- back to Russia; that he was going to bills is we plus-up funding for ballistic viet Union and the dangers emerging leave the remaining 18 SS–25’s in missiles by about $75 million so that from the attendant turmoil make loss Belarus. He stated the reasons, which we can enhance our ability to protect of control the central problem of nu- are in the article, which I will put in our troops and our country against the clear security. Indeed, the specter of the RECORD, are twofold: First of all, it very real threat of ballistic missiles nuclear anarchy in the former Soviet harms the national prestige of Belarus that dominate the world today. Union animates U.S. policy toward to give up the remaining parts of their I mentioned, Mr. Speaker, 77 coun- Russia.’’ nuclear arsenal; and, second, one day tries today have cruise missile capabil- He goes on to say, and I quote, ‘‘The Russia and Belarus will be united ity. Seventy-seven countries. Twenty specter of a catastrophic failure of nu- again. nations can build and are building clear command and control looms even Now, Mr. Speaker, this is not me cruise missiles today. Granted, some larger.’’ talking, this is the President of August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8161 Belarus. I asked our State Department However, Mr. Speaker, we should never I hope my concerns will be shared by if we had gotten any clarification to allow our support for the elected Presi- my colleagues in this body, and by the this statement made by President dent of that country to downplay our general public, who has to understand Lukashenka of Belarus. They told me understanding of the real threats that that today we have no protection in verbally we had; that he had denied are there. That is my concern, Mr. these areas. That is a shortcoming we that statement was made, even though Speaker. It is a concern that I think are going to try to address in this it was printed both in Izvestiya and as every American and every Member of budget process, which will hit the well as on Moscow TV. To this date, this body has to understand and appre- House floor tomorrow. Mr. Speaker, I have not had any state- ciate. Mr. Speaker, I will put into the ment from the State Department to re- General O’Neill came in before our RECORD the items I highlighted during fute the statement from the State De- subcommittee earlier this year and he my comments. partment to refute the statement by said, ‘‘Congressman, I am not satisfied [From the Brookings Review, Summer 1995] Mr. Lukashenka in terms of not com- with our intelligence assessment of the LENGTHENING THE FUSE plying with the agreed terms that Rus- threat coming from Russia and other (By Bruce G. Blair) sia, Belarus, the United States, and the countries around the world in terms of During the Cold War a massive array of op- other former Soviet republics entered nuclear proliferation, so I went to the posing Soviet and U.S. nuclear forces stood into to return those SS–25’s back to intelligence community and I asked ready for launch on a moment’s notice. In Russia for dismantlement. them to give me a new assessment, and accord with the perceived needs of deter- Mr. Speaker, the problem continues. that assessment is going to be pub- rence, strategic and tactical nuclear weapons My bottom line concern is that the in- lished by the middle of June.’’ were scattered around the globe, carried by a telligence community is not giving us Mr. Speaker, the middle of June host of ground, sea, and airborne delivery the full scoop and the full picture. I do came, and then the end of June came, systems, and primed to inflict instant apoca- lyptic devastation in retaliation against any not say this lightly, Mr. Speaker; and, July 1 came, the middle of July, and yesterday July ended, and now this is nuclear aggressor. in fact, in September of this year, we Today, the ideological tensions of the Cold will have a full hearing on the com- August 1. War have dissolved, the urgency of the need mand and control of the Russian nu- b 2030 for deterrence has diminished, and the Rus- clear arsenal. However, Mr. Speaker, sian and U.S. nuclear arsenals are smaller. Mr. Speaker, we still have not gotten we are also going to have something Yet thousands of warheads on both sides re- the upgraded intelligence assessment else in that hearing. We are going to main on hair-trigger alert. And, by a bitter that General O’Neill asked for so that irony, the geopolitical revolution that de- look at what has been the posture of we can logically base our threat needs fused the Cold War confrontation has posed a our intelligence community in bring- on what is out there. chilling new nuclear danger—loss of control. ing to the Members of Congress and to Mr. Speaker, that is an outrage. The In an atmosphere of political turbulence and the American public the threat that intelligence community has got to get economic duress, Russia must now oversee exists. its act together. They have got to give the far-flung nuclear weaponry of the Soviet Mr. Speaker, we in this body need to us the focus. They have got to give us Union, much of it still ready for instant base our decisions on fact. I am not an launch. The possibilities for nuclear anarchy the real facts, not sensationalized num- are many—from unauthorized use of weapons alarmist. I am not here to demagogue bers, the real facts in terms of what is this issue. I am not here to call the by rebellious commanders in the field, to po- occurring. And they have got to give us litical breakdown in Moscow, to a spread of Russian people an evil empire, because real assessments about whether or not nuclear weaponry and material onto the they are not. As I started my com- there is a potential for a nuclear anar- global black market. ments tonight, I am one who has de- chy, as Mr. Blair stated in his article. But dangerous as these scenarios are, an voted a significant amount of my per- Mr. Speaker, these issues go to the effective and realistic solution exists: an sonal time to building relations inside very core of what our Federal Govern- international agreement to take all nuclear of Russia. I will match my efforts in ment is all about, because in the end weapons off hair-trigger alert, remove war- heads or other vital components from the those categories with any Member of the primary purpose of a Federal Gov- this body in the area of Russian joint weapons delivery systems, and institute ernment is to protect and defend the monitoring arrangements to verify compli- energy ventures, environmental co- American people, to protect and defend ance. Such an agreement would drastically operation, defense cooperation, eco- the American people from what I think reduce the risk of a catastrophic failure of nomic cooperation, and I will continue are the two biggest threats that we are nuclear control. But it would also require that as I did on the House floor when I going to face in the next century: Ter- nuclear planners to back away from their sided with the ranking member of the rorism and proliferation of weapons of traditional focus on deterrence—and to make Committee on Appropriations, Mr. mass destruction, especially missiles a commitment to safety instead. OBEY and the chairman of that com- and nuclear missiles. SAFETY ALWAYS CAME SECOND mittee, Mr. LIVINGSTON, in fighting Mr. Speaker, this is the first in what The vast nuclear arsenals maintained by back an effort to decrease Russian aid will be a series of discussions that we the superpowers during the Cold War were a because of the importance of stabiliz- have to have in this body, and they will product, of course, of deep political and ideo- ing their economy. be based on fact. They will be based on logical antagonisms. But they were also a However, Mr. Speaker, We cannot product of the adversaries’ commitment to articles published in Russian news deterrence, their faith that rational allow anyone to dumb down our intel- media, reported in reports that every decisionmakers would refrain from striking ligence. We cannot allow anyone to Member of Congress can get access to, first if they knew an opponent could retali- pull the cloud over our eyes to the ex- and reported by other foundations and ate with devastating effect. War was to be tent that we do not know really what groups that are out there every day prevented by ensuring that each of the op- is happening. That would be the worst giving us the summaries of what is posing forces was capable of retaliation de- travesty that could be brought on this being said and what is occurring structive enough and credible enough to body, to have any administration, or throughout Russia and the former So- override any potential gain from striking the intelligence community, dumb viet republics. first. The two defense establishments de- ployed forces capable of retaliating against down information that is important for It is extremely important, Mr. tens of thousands of enemy targets—and to us as we determine how much money Speaker, as we approach our debate to- do so in the moments between enemy missile to spend on the defense of the people of morrow, as we approach the conference lift-off and arrival. this country. process, the ultimate debate on the In all this, deterrence came first. Safety We should not, Mr. Speaker, ever ABM Treaty, that we have good intel- came second. Not that safety’s importance have any intelligence body think that ligence, that has not been filtered, has was lost on the rival strategic organizations. they have to answer politically to some not been whitewashed, has not been After all, neither would likely have survived broader agenda of the administration dumbed down, so that we can make in- the political repercussions of a major failure in safety. Much of their mundane activity re- of supporting the current Russian lead- telligent decisions that in the end will volved around safety during peacetime. They ership. I support Boris Yeltsin. I sup- allow us to protect the American peo- strove to prevent the accidental, inadvert- port whoever the Russian people decide ple, because that is what our job is all ent, or unauthorized detonation of even a to have as their elected President. about, protecting the American people. single weapon. Nuclear weapons received H 8162 CONGRESSIONAL RECORD — HOUSE August 1, 1995 continuous scrutiny, augmented on occasion U.S. nuclear planners also envisage new other potential hot spots is conceivable, the by high-level special investigations, to iden- missions tied loosely to contingencies in the specter of a catastrophic failure of nuclear tify safety hazards and remedies. Both sides third world. Although the Pentagon plans to command and control looms even larger. evolved sophisticated weapon design prin- use conventional weapons in dealing with If safety is to become the paramount goal ciples and operational procedures to preserve weapons of mass destruction brandished by of nuclear security policy, the operational effective control. On the essential point—nu- third-world states, U.S. nuclear forces will stance of the world’s nuclear forces—in par- clear detonation—the record was perfect. On doubtless play a major retaliatory and deter- ticular, their high combat readiness—will lesser but still critical points—notably, nu- rent role. The U.S. Air Force is identifying have to change. The major defense establish- clear accidents resulting in the dispersal of targets in third-world nations that are devel- ments must lower their alert levels and coax toxic plutonium—it was nearly perfect. oping weapons of mass destruction—chemi- the rest of the world to follow suit. That deterrence took precedence over safe- cal, biological, and nuclear. And the U.S. To de-alert the bomber forces, bomber pay- ty is nonetheless demonstrable. If safety had Strategic Command has assumed major re- loads would be moved to storage facilities been a governing influence at the planning sponsibility for planning both nuclear and far away from the bombers’ home bases. The level, the strategic deployments would not nonnuclear strikes against these targets, retrieval and uploading of the payloads have been so large, so dispersed, and so whose numbers could easily reach many hun- would require elaborate, time-consuming, geared to rapid use. At the design and daily dreds and might approach a thousand. China and observable procedures. Similarly, war- operational level, too, trade-offs between will also figure more prominently in the heads (or other vital components such as safety and deterrence were regularly re- global strategic balance as it modernizes its guidance sets) would be removed from land- solved in favor of deterrence. For example, ballistic missile forces. Any significant in- based missiles and put in storage—a stand- locks to prevent low-level U.S. weapons com- crease in the nuclear threat China projects ard Soviet practice for all land-based strate- manders from firing strategic forces were at the United States may well prompt a re- gic forces until the late 1960s. Although war- not installed on heavy bombers until the view of U.S. nuclear planning, particularly heads could also be removed from ballistic early 1970s, on intercontinental ballistic mis- the decision in the early 1980s to remove missile submarines (SSBNs), an attractive siles until the late 1970s. And they were in- China from the U.S. strategic war plan. alternative is to take guidance sets off the stalled only after a finding that they would Like the United States and Russia, other sea-based missiles and place them in storage not impede the wartime retaliatory mission. charter nuclear states are also disposed to on board attack submarines (SSNs) deployed They were never installed on ballistic mis- invoke deterrence to justify aggressive alert at sea. Under routine practices, the compo- sile submarines because of fears that they operations. Britain and France seem com- nents would remain separated at all times would jeopardize the ability of submarine mitted to maintain a large portion of their and invulnerable to attack. If necessary dur- crews to carry out authorized launches. And nuclear forces on active alert, while China’s ing a nuclear crisis, the SSBNs and SSNs although the missile propellants used in Tri- extensive program of strategic moderniza- could rendezvous and quickly transfer the dent and M–X missiles, as well as the con- tion could bring its ballistic missile forces to guidance sets. The SSBNs could then install ventional explosives used in Trident war- a comparable level of combat readiness. the components on all missiles in about 24 heads, are relatively susceptible to acciden- Other states such as India, Pakistan, and Is- hours. tal detonation, safety requirements were rael appear heading down the same path. In We should strive to further lengthen the waived for the sake of wartime performance. spite of strenuous international efforts to fuse on all nuclear forces, extending the time CHANGING PERSPECTIVES deny membership in the nuclear club, de needed to bring them to launch-ready status Despite history’s abrupt change of course facto and aspiring members not only have to weeks, months, and ultimately years. with the end of the Cold War, the established nuclear weapons programs but also surely Taking all nuclear weapons off alert— practice of deterrence, with all its inherent have plans if not current capabilities for adopting a stance of universal ‘‘zero alert’’ danger, remains unchanged. Despite the roll- ‘‘weaponization’’—mating nuclear warheads in which no weapons were poised for imme- back of the nuclear arsenals set in motion by with dispersed delivery vehicles capable of diate launch—would not only create a strict the Strategic Arms Reduction treaties, nu- rapid use. Intentions and technical progress international standard of safety for daily clear policy and force deployment on both are difficult to gauge, but the general pic- alert, but also ease nuclear tensions by re- sides are still directed toward deterring de- ture is clear enough and does not bode well. moving the threat of sudden deliberate at- liberate attack. The nuclear confrontation is The proliferation of advanced aircraft and tack. Certainly, a surprise or short-notice thus being sustained by a dubious rationale ballistic missiles with increasing range and nuclear strike by any of the major nuclear that sustains hair-trigger postures that un- accuracy certainly expands delivery options. powers is already implausible. But because dercut safety. In the name of deterrence, emerging nuclear all of them except China can mount a strike In key respects both the U.S. and Russian states can be expected to equip, or prepare to with ease, their strategic nuclear forces, par- nuclear portfolios are actually being en- equip quickly, these delivery systems with ticularly those of the United States and Rus- larged. Russia, for example, has dropped nu- nuclear weapons from their stockpile. And sia, maintain a daily posture of rapid reac- clear ‘‘no-first-use’’ policy from its new mili- the decision by the United States, Russia, tion to deter it. A remote, hypothetical sce- tary doctrine and expanded the role of nu- Great Britain, and France to preserve rapid nario thus induces alert operations that feed clear forces to compensate for the sharp de- reaction postures sets an international on themselves. Although designed only to cline in its conventional strength. The Unit- standard that encourages emulation. More- deter, the operations confer the ability ei- ed States also appears reluctant to lower fur- over, if the history of the nuclear super- ther to strike back in retaliation or to initi- ther its nuclear profile, despite the evapo- powers is a reliable guide, and the classical ate a sudden attack. The opposing forces cre- ration of the primary threat justifying nu- dilemmas of nuclear security come to bear ate and perpetuate the very threat they seek clear vigilance during the Cold War: Soviet strongly on regional dynamics, regional ri- to thwart. invasion of Western Europe. The United vals will be induced to shorten the fuses on In fact, an internationally monitored States now projects conventional superiority their arsenals. Absent effective international agreement to remove all nuclear weapons over all prospective adversaries and thus can constraints, the standards for daily combat from active alert status could serve much rely more on conventional and less on nu- readiness seem destined to rise. the same purpose as traditional deterrence. clear forces. Accordingly, further reciprocal Any initial preparations to restore alert sta- nuclear reductions would be beneficial. Yet SAFETY FIRST? tus prior to attack would be detected and the U.S. security establishment seems con- There can no longer be any justification disclosed by monitors, allowing for tent with the numbers allowed under START for putting operational safety second. Not counterbalancing responses, thereby denying II and shows little interest in another round only is deterring a deliberate nuclear attack a decisive preemptive advantage to any side of reductions. a less demanding challenge today than it was Prompting that reluctance are fears that during the Cold War; ensuring safety has be- contemplating redeployment and sneak at- Russia may revert to authoritarian rule and come more demanding. The disintegration of tack. revive nuclear hostility toward the West. De- the former Soviet Union and the dangers Zero alert would thus eliminate the tech- spite the grim outlook for the rejuvenation emerging from the attendant turmoil make nical pretext for sustaining tense nuclear of Russia’s economy and the projected steep loss of control the central problem of nuclear vigils in the post-Cold War era. Besides im- decline in its defense spending for the next security. Indeed, the specter of nuclear anar- proving safety, it would relax the nuclear decade or more, uncertainty about the Krem- chy in the former Soviet Union animates stances, bringing them into harmony with lin’s attitudes toward the outside world has U.S. policy toward Russia and drives U.S. improved political relations. assumed critical importance in U.S. esti- support for the Yeltsin government and Rus- OVERCOMING INERTIA mations of the future nuclear threat and in sia’s fledgling democratic institutions. Nor Left to themselves, the nuclear establish- planning U.S. nuclear posture through at are weaknesses in nuclear control confined ments will never adopt a zero alert posture. least 2005. The Pentagon strongly supports to the former Soviet Union. Lacking sophis- The bureaucracies that created the standard the traditional U.S. strategic mission as an ticated systems for safety managing their practices of deterrence cannot be expected to insurance policy. As Defense Secretary Wil- arsenals, the aspiring nuclear weapon states put safety before deterrence. liam Perry put it in the 1994 Defense Depart- also face problems of control. And while de- Typical arms negotiations, for example, ment annual report, ‘‘these Cold War tools of liberate nuclear aggression growing out of have little scope for reining in aggressive nuclear deterrence remain necessary to regional tensions in areas like South Asia, alert practices. Even with the low ceilings on hedge against a resurgent Russian threat.’’ the Korean peninsula, the Middle East, and strategic nuclear arsenals imposed by August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8163 START II at the turn of the century, the nu- were able to meet only forty percent of the The ‘‘Rokot’’ craft will use the boosters of clear superpowers could still keep thousands allowance for servicemean and wages for the first and second stages of RS–18. Tass of warheads poised for immediate release. blue and white-collar workers. was told Monday by a spokesman of the The nuclear control systems that regulate We were practically totally unable to fi- Khrunichev enterprise. force operations are still generally periph- nance the military complex enterprises. Besides, the ‘‘Breeze’’ booster has been eral to mainstream arms control. If arms Food, fuel, and lubricating materials have devleoped which will allow to increase the control were to proceed as usual, the num- been financed to a very small extent. payload launched to medium orbits. Its bers of weapons would continue to drop, but The president, therefore, as they say, equipment is capable of ensuring high-preci- their reaction time would not change. The ought to enter the battle now, and this ac- sion placing of spacecraft into orbit, the nec- last weapon in the arsenal would still be tive efforts we will try to rectify this prob- essary orientation of the payload and power cocked on hair-trigger alert. lem. supplies to it during a seven-hour long space The U.S. defense establishment is aware of flight. the danger of nuclear anarchy. Recognizing ARMY’S FOOD SUPPLY SAID ON ‘BRINK OF The spokesman said the new booster is the unstable and transitional character of DISASTER’ planned to blast off from the Plesetsk the Russian political center, the Pentagon [FBIS Transcribed Text] Moscow, July 17 cosmodrome and, possibly from silos at the has quietly initiated extensive military-to- (INTERFAX)—The food supply of the Rus- Svobodny missile base in the Far East which military contacts to nurture durable co- sian armed forces is on the brink of disaster, is to be developed into a space launching operation between the U.S. and Russian mili- chairman of the State Duma, or lower house, site. tary establishments. It has also conducted defense committee Sergev Yushenkov (Rus- So far three successful ‘‘Rokot’’ test exercises to practice U.S. responses to nu- sia’s Choice) told INTERFAX Monday. launches have been carried out from silos at clear anarchy in Russia, including scenarios By July, the Russian army had ‘‘even used the Baykonur cosmodrome in Kazakhstan. that feature illicit strategic strikes by Rus- its emergency stocks’’ as the supply of food The latest launch orbited a RADIO-ROSTO sian commanders. Furthermore, U.S. strate- for both officers and solders became a ‘‘most satellite for radio amateurs. gic war planners are devising options that grave issue.’’ Foreign offers of a joint use of the new allow selective nuclear strikes against The committee held a closed meeting Mon- booster have already been received. Thus, breakaway units of the Russian nuclear day involving representatives of the Defense the German Daimler Benz Aerospace com- forces as a last resort to neutralize such and Finance Ministries ‘‘To start stocking pany and the Khrunichev enterprise created units. The Pentagon is also spearheading an up with potatoes and vegetables for the win- a joint venture to market the ‘‘Rokot’’ for effort to assist Russia in dismantling its nu- ter, the army is asked to immediately pay launching satellites of up to 1.8 tonnes of clear arms, an endeavor it portrays as an ur- over 500 billion rubles in advance.’’ weight to low orbits. The first commercial gent priority of U.S. national security. Yushenkov said. launches are expected from the Plesetsk Taken to its logical conclusion, this policy According to Yushenkov, the Defense Min- cosmodrome in the end of 1997. thrust would lead the Pentagon to make bold istry has used about 1.7 trillion rubles for the operational changes, including some form of military operations in Chechnya, making its FEDERAL ASSEMBLY—POSTPONEMENT OF zero alert, to ensure the safety of nuclear budget very restricted. KOZYREV DUMA SPEECH DETAILED The committee will recommend the State weapons in the former Soviet Union and else- [From the ‘‘Diplomatic Panorama’’ feature Duma to ask the government to find means where. Yet the Pentagon’s overriding com- by diplomatic correspondents Aleksandr to supply the army with food and prepare a mitment remains deterring Russian nuclear Korzun, Igor Porshnev, Yevgeniy Terekhov, corresponding amendment to the 1995 federal aggression. and others] The review of the U.S. nuclear posture budget. [FBIS Transcribed Text] Moscow, July 14 completed last September exemplifies the GOVERNMENT APPROVES FUNDING FOR ITER (INTERFAX)—The State Duma, Russia’s Pentagon’s parochial perspective. The review PROJECT lower house of parliament, has put off till advocates aggressive hedging against a turn [Russian Federation Government directive autumn a report by Foreign Minister Andrey for the worse in U.S.-Russian relations. It ig- No. 924-r, signed by V. Chernomyrdin, chair- Kozyrev, originally scheduled for Friday. nores the safety hazards that persist or grow man of the Russian Federation Government; Kozyrev, however, was ready to address the as a result of aggressive hedging. It advances dated Moscow, 1 July 1995—from the ‘‘Docu- Duma on Friday, Valentina Matviyenko, a a U.S. nuclear force structure and oper- ment’’ section] senior Foreign Ministry official told ational posture that will reinforce Russia’s [FBIS Translated Text] With a view to INTERFAX. reliance on quick launch. From the stand- honoring the Russian Federation’s commit- On Wednesday Duma speaker Ivan Rybkin point of operational safety, Russia’s nuclear ments arising from the quadripartite Agree- informed the house that, at Duma’s demand, posture is more dangerous today than it was ment on the Joint Development of an Inter- Kozyrev has been invited to report on his during the Cold War. And current U.S. nu- national Thermonnuclear Experimental Re- ministry’s performance during the so-called clear planning will likely induce Russia to actor [ITER] of 21 July 1992: ‘‘government hour’’ at Friday’s evening ses- take yet more operational risks to buttress 1. The Russian Ministry of Atomic Ener- sion of the house. On Thursday, however, the deterrence. gy’s proposal, coordinated with the Russian majority of leaders of Duma factions pro- The Pentagon has so internalized deter- Ministry of Finance, regarding the alloca- posed deferring the report until the house re- rence as the essence of its mission that it tion of $1.55 million for the funding of the convenes after the summer recess. simply cannot bring the two different con- ITER project, including $0.95 million for the ‘‘The minister officially confirmed his ceptions of nuclear threat—the risk of delib- upkeep of Russian specialists at inter- readiness to speak at the scheduled time and erate attack and the danger of loss of con- national project development centers and for made proper amendments to his schedule,’’ trol—into clear focus and perspective. At the Russian experts’ short-term assignment said Matviyenko, head of the ministry de- height of the Cold War nuclear planners abroad and $0.6 million for the payment of partment for contacts with the country’s re- could argue, with some justification, that the Russian Federation’s annual membership gions, parliament and public organizations. the danger of deliberate attack necessitated of the Joint Project Fund, is hereby adopted. Last week Kozyrev already spoke in the putting safety second. Today they cannot. 2. In 1996 the Russian Ministry of Finance Redirecting nuclear policy toward an em- Federation Council, the upper house, she is to allocate to the Russian Ministry of said. ‘‘Apparently the lower house deputies phasis on safety not only addresses the dan- Atomic Energy the federal budget appropria- ger of nuclear anarchy but would also con- are busy with more important matters and tions necessary to honor the Russian Federa- found no time to hear a report by the head of strain the ability of any state to launch a tion’s commitments as mentioned in Point sudden nuclear attack. But if safety is ever the top foreign policy body of Russia,’’ of this directive stemming from membership Matviyenko said ironically. to be put first in U.S. nuclear planning, it of the ITER project. will be because public discussion and broad Another senior Foreign Ministry official [Signed] V. Chernomydrin, chairman of the said on Friday the postponement was ‘‘dis- public support—not the Pentagon—put it Russian Federation Government there. courteous, to say the least.’’ [Dated] Moscow, 1 July 1995 Kozyrev is not only foreign minister but [Russia National Affairs] also deputy of the Duma, where he rep- MILITARY, NUCLEAR & SPACE ISSUES RS-18 ICBM UNDER CONVERSION INTO SPACE resents the Murmansk Region, the official GRACHEV URGES YELTSIN TO RECTIFY FINANCE BOOSTER stressed in an interview with INTERFAX. PROBLEMS (By Anna Bakina) ‘‘Before canceling their decision, the depu- [Interview with Defense Minister Pavel [FBIS Transcibed Text] Moscow July 17 ties should have thought about the fact that Grachev by unidenitifed correspondent; place (ITAR-TASS)—The Russian Khrunichev a minister’s schedule is very tight and that and date not given; from the ‘‘I Serve Rus- space enterprise is converting the interconti- he is busy every minute of his working day. sia’’ progam—recorded] nental ballistic RS–18 missile into a new So, if there was an arrangement for Kozyrev [FBIS Translated Text] [Grachev] In the space booster which is to be launched from to speak in the State Duma on July 14, (the first half of the financial year the situation the Russian northern Plesetsk cosmodrome house) should have stuck to it, if only out of is such that for the month of June we were, and, possibly, from the missile base in the respect for the extreme business of the head for the first time this year, unable to finance Far East which is also to become a space of the Ministry of Foreign Affairs of the Rus- the personnel of the Army and the Navy. We launching site. sian Federation,’’ the official said. H 8164 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Moreover, Kozyrev was ‘‘carefully prepar- All transshipment into Western Europe hazardous shipments. All these things make ing’’ for the address. ‘‘Apparently in the au- passes through Turkey, says DER SPIEGEL. our borders transparent not only for radi- tumn he will again have to look for spare German experts report that a ‘‘specialized ation sources and wastes, but also, so it time and make amendments to his report,’’ international mafia’’ is taking shape, and seems, for nuclear materials. he said. that it includes Russian radioactive mate- There is another interesting fact: accord- DUMA DEPUTIES TREAT ELECTION NEWS rials dealers. Most likely this international ing to information from the Russian media, the removal of nuclear waste from the Arme- ‘POSITIVELY’ mafia will find its place in a black market nian Nuclear Power Plant and its resupply [Report by Petr Zhuravlev and Gleb where the buyers are Third World countries. We asked Fikret Aslanov, head of the Radi- with nuclear fuel is the responsibility of the Cherkasov under the ‘‘Start’’ rubric: ‘‘Duma ation Medicine Department of the Azer- Russian Atomic Energy Agency. The ques- Elections Set for 17 December. Lower House baijani Republic Center of Hygiene and Epi- tion arises: by what routes are the necessary Finishes Forming Election Laws’’] demiology, a leading specialist on radiation equipment and other nuclear materials being [FBIS Translated Text] Boris Yeltsin has safety and candidate of medical sciences, to delivered to Armenia? This cannot be done set 17 December as the date for the election comment on this report. by air for technical reasons. It would have of deputies to the Sixth (Second) State ‘‘Unless steps are taken to tighten control been impossible to deliver these materials by Duma of Russia. The signing of the cor- over radioactive materials, our republic rail through Georgia, because deliveries co- responding edict was reported yesterday by could well be accused of facilitating inter- incided exactly with the height of the Geor- the Kremlin press service, which had re- national terrorism and dealings in and smug- gian-Abkhazian conflict. That leaves only ceived the decision of the head of state, who gling of these particularly dangerous sub- one direct route: through Azerbaijan. is still in the hospital. stances. As a rule, it is impunity that leads Judging by all this, continued F. Aslanov, Many observers do not think there is any- to the kind of violations your newspaper has the transshipment of nuclear materials and thing surprising about the date itself—all described.’’ fuels was carried out through Azerbaijani election organizers and future rivals did set One year ago in an article entitled ‘‘Azer- territory. The specially marked trains trav- their beads at the first Sunday after 12 De- baijan at Risk of Becoming a Radioactive eled through under ‘‘green light’’ status, cember. The surprising thing is that the Dump’’ we wrote about the illegal importa- without inspection. Even if Azerbaijan’s gov- edict should appear in July rather than in tion of radioactive sources into the Azer- ernment does not permit Russia to transport August. As a matter of fact, the election law baijani Republic, and in particular about the this freight after the reopening of rail con- says that the president is supposed to an- fact that in December 1993 a plane owned by nections, our republic is still not protected nounce the voting day ‘‘not later’’ than four U.S. owned Buffalo Airways delivered a ra- from this radiation hazard: Russia’s govern- months in advance, meaning that it is not dioactive cargo from Amsterdam to Baku’s ment, under the guise of supplying military against the law that the elections have been Bina Airport in a container weighing 763 freight to the Russian separatist forces de- called five months in advance. At the same kilograms. The container was shipped by the ployed in Georgia (taking part in the Geor- time, this may spoil things for many parties French company Schlumberger under a con- gian-Abkhazian conflict) and in order to and blocs, something Vyacheslav Nikonov tract with the Azerbaijani Republic State Oil equip six military bases in Georgian terri- (PRES) [Party of Russian Unity and Accord] Company. tory (under the terms of a mutual agreement cited yesterday. The contract indicated that the customer with Russia) may transport nuclear fuel, ra- EAST-CENTRAL EUROPE and the executor held each blameless in the dioactive materials and wastes into Armenia in specially marked trains sealed as ‘‘par- Belarus Stops Arms Reductions. Izvestiya event of any consequences. It was unclear ticularly hazardous freight.’’ (According to on 6 July reported that Belarusian President who was supposed to be liable in the event of preliminary estimates, the operations of the Alyaksandr Lukashenka has announced that a radiation accident and pollution resulting Armenian Nuclear Power Plant will create Belarus will suspend the withdrawal of nu- from it, something that would take a great approximately 14 metric tons of radioactive clear missiles from Belarus to Russia. deal of manpower and money to clean up,’’ waste annually. And Armenia is not capable Lukashenka said the decision to withdraw said Fikret Aslanov. of disposing of that waste within its own ter- the weapons was a political mistake made by The airport’s customs service did not note the fact that a radioactive cargo had arrived, ritory). the previous leadership. He also commented According to F. Aslanov it is therefore es- that it was unnecessary since Belarus and and customers agents, lacking dosimeters, merely looked over the shipping documents sential to install automated radiation mon- Russia may soon unite. RFE/RL reported itoring instruments at all border crossings Stanislau Shushkevich, former chairman of that arrived with cargo. A similar incident occurred in February as quickly as possible. This is the only solu- the Supreme Soviet, as saying the decision tion to this situation. These installations was a disgrace to Belarus’s international 1994. Three boxes weighing a total of 196 kilo- grams arrived at Bina Airport on a charter will make it possible to inspect even special image. Shushkevich was head of state when trains without opening them. The cost of Belarus agreed to give up its inherited nu- flight from the United States, addressed to a company called Ponder International Servis each such instrument is $3,000–3,500—less clear arsenal of 81 single-warhead mobile SS– than the price of the foreign-manufactured 25 Topol missiles. So far, 63 missiles have [sic]. According to the bill of lading, the boxes contained radioactive materials. No automobiles that crowd the streets of Baku. been withdrawn and the remaining 18 were to Our republic needs at least six of these in- have been removed to Russia this month. permit had been received to transship or im- port these radiation sources. Furthermore, stallations to ensure the public’s safety from Izvestiya commented that the decision to radiation and prevent Azerbaijan from be- stop nuclear reductions was also prompted there was no document indicating that the freight was insure in the vent of an accident coming a radioactive waste dump. by financial considerations.—Ustina Markus, It is quickly becoming obvious that if OMRI, Inc. or other unforeseen occurrence. The illegality of both cases rests on the emergency measures are not taken we could AZERBAIJAN—AZERBAIJAN: TRANSIT POINT fact that importation of radiation sources find ourselves facing a variety of con- FOR NUCLEAR MATERIALS SMUGGLING into the republic was carried out without the sequences all at once: accidents like [Article by N. Medzhidova: ‘‘Our Borders knowledge of the republic’s Ministry of Chernobyl, and an image as a country that Are Transparent to Nuclear Materials Trans- Health and Ministry of Internal Affairs, facilitates international nuclear terrorism. shipment: Azerbaijan Accused of Being One which oversee imports, exports, storage, use, START II HEARINGS: ‘PARADOXICAL SITUATION’ of the Main Routes for Nuclear Materials transportation and disposal of radioactive SEEN Smuggling’’] substances in accordance with ‘‘Radiation [Report by Gennadiy Obolenskiy: ‘‘Penta- [FBIS Translated Text] The Russian media Safety Standards,’’ ‘‘Fundamental Sanitary gon May State Its All’’] have reported that the principal routes for Regulations’’ and the Azerbaijani Republic [FBIS Translated Text] The discussion of transshipment of atomic bomb materials law ‘‘On Sanitary and Epidemiological questions connected with the ratification of from Russia and other countries pass Health.’’ the Treaty on Strategic Offensive Arms II through Ukraine and Azerbaijan. In addition, Another recent incident also escaped the [START II] in continuing in U.S. Congres- the German Bundestag’s Security Commis- attention of those agencies: a citizen of Azer- sional committees. In this connection, it sion has prepared a report based on intel- baijan was arrested by the Turkish security would not be out of place to recall that the ligence service data regarding the disappear- service attempting to sell 750 grams of en- limitations and reductions of strategic offen- ance of nuclear materials and their sale on riched uranium. Our republic does not have sive weapons envisaged in it, partially al- the black market. According to DER SPIE- any facility that would use that kind of nu- ready implemented, have only became pos- GEL, former military officers and KGB clear material. Therefore it is clear that it sible under conditions of the preservation of agents and corrupt officers in Russia’s was brought into Azerbaijan from somewhere the 1972 ABM Treaty of unlimited duration. Northern Fleet, where nuclear submarines else, passing through all border controls, This reminder is appropriate in connection are fueled, are involved in the smuggling of then was transferred to Nakhichevan and with the paradoxical nature of the situation radioactive materials. They are the ones who subsequently carried to Turkey. that has taken shape during the hearings. On have created this ‘‘caravan rout’’ between There is no guarantee that similar inci- the one hand, representatives of the Penta- West and East. The bomb-making materials dents will not occur over and over again. gon and the administration as a whole are are transshipped from Russia to other coun- Currently the customs service does not have expressing a clear desire for a real limitation tries mainly through Ukraine and Azer- any dosimetric instruments, and customs of strategic offensive weapons (of course, pri- baijan, continuing on through the Bosporus. agents are not informed about radioactively marily Russian ones). And on the other hand August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8165 they want to evade observing the basic pro- ing a robot capable of performing radioactiv- He was referring to the ‘‘Luch’’ enterprise visions of the ABM Treaty through agreeing ity measures, which is being designed at the near Moscow and a Moscow scientific re- with Russia the kind of parameters of so- Radium Institute in St. Petersburg. It was search institution where several hundred called non-strategic anti-missile defense (or stressed that the EU is interested in import- grams of highly enriched uranium materials theater ABM) which would make this system ing nuclear materials from Russia on the were stolen. Otherwise we are dealing with entirely capable of setting strategic tasks basis of proper agreements, provided that ef- natural, depleted uranium with a low, 235 too. fective international nonproliferation guar- isotope content, which poses no real danger. The idea of conducting talks on demarcat- antees are found. In none of these cases has stolen material ing strategic and non-strategic ABM defense crossed the state border. But it is worth and agreeing on the specifications of the lat- INTELLIGENCE SERVICE ON SECURITY OF pointing out that in the 50-year existence of ter in the form of a separate accord was pro- NUCLEAR MATERIAL the Soviet nuclear industry there have been posed to us by the Americans. Even the spe- [FBIS Translated Excerpt] The Russian no incidents of that kind. cific time schedules for conducting them Foreign Intelligence Service [FIS] is not It is difficult to block for certain all escape were outlined. Reports have appeared to the aware of a single case of weapons-grade nu- routes. The country’s checkpoints do not ap- effect that within the Pentagon’s apparatus clear materials being smuggled out of Rus- pear to be equipped with the proper appara- the accelerated preparation of a draft of such sia. This was stated by the press secretary of tus to enable them to detect and prevent un- an agreement has begun. But the Americans the FIS director to the Ekho Moskvy radio authorized exports of uranium and pluto- themselves unexpectedly refused to continue station. nium. Storage of nuclear materials at Army the talks. Why? To recall, STERN magazine alleges that depots is a worry. Three officers are cur- Undoubtedly the emergence of a republican Viktor Sidorenko, Russian deputy defense rently being tried in Severomorsk, accused majority in the U.S. Congress plays a fairly minister for nuclear energy, was involved in of stealing three fuel assemblies for sub- major role here. The Congressmen have obvi- the 1994 scandal when 239 grams of weapons- marine nuclear reactors containing 4.5 kg of ously decided not to be hasty as regards ex- grade plutonium was brought to Munich. uranium. This is not the first time it has panding cooperation with Russia and will try ‘‘There may be some minor theft from Rus- happened in the Northern Fleet. But nuclear to wring new concessions from it. And in this sian civilian nuclear installations, but the fuel for submarines is still stored at depots connection, [they have decided] not to be in military nuclear network so far appears to like potatoes: The criminals only had to con- any hurry with getting up the ABM accord be sealed,’’ Tatyana Samolis said. tend with a standard barn-door lock. proposed by Washington shortly beforehand. ‘‘Only an expert analysis can reveal when the radioactive materials were manufactured STRATEGIC MISSILE TROOPS SAID IN FINANCIAL But there is also another side to this mat- DIFFICULTIES ter. The Americans’ proposals on ABM de- and where they come from. These analyses have proved that there has been no smug- [From the ‘‘Vremya’’ newscast] fense have proved to be in direct contradic- [FBIS Translated Text] Military experts tion to the limitations on strategic offensive gling of weapons-grade nuclear materials from Russian territory,’’ she added. [passage have never doubted that the design of Rus- arms envisaged by the START-II Treaty, and sian missile silos would enable them to with- may hinder its ratification. And after all, it omitted—reiteration of allegations that the Munich plutonium was of European origin] stand any movement of the earth’s crust. is extremely advantageous for the United After all, these silos are designed to with- NUCLEAR SAFEGUARDS STILL NOT ‘AS WE States, and Washington is very interested in stand a nuclear attack by a possible enemy. WOULD LIKE’ its implementation. That is why it should be However, some experts point out that by the expected that following the conclusion of the [Report by Yuriy Kukanov: ‘‘Rumors year 2003, when the period of storage of Rus- ratification process, the Americans proceed About a ‘Russian Nuclear Mafia’ Are Highly sian missile rocket complexes which are to additional steps to ‘‘push through’’ ideas Exaggerated’’] kept in a combat-ready condition comes to ST. PETERSBURG.—Talk about the danger in the sphere of anti-missile defense that an end, the facilities where they are kept in of nuclear terrorism has clearly alluded to a will in fact lead to the collapse of the ABM suspension will be rather dilapidated. Treaty. ‘‘Russian fingerprint’’ in the international However, the high command of the Russian Discussions can also be heard among inde- smuggling of radioactive materials. Asked strategic missile troops, which is responsible pendent American experts to the effect that by your ROSSIYSKIYE VESTI correspond- for all land silos and mobile missiles, says once it has achieved significant reductions of ent to comment on reports about German there is no concern about the technical con- Russian strategic offensive weapons, the special services’ involvement in an incident dition of the nuclear weapons. Nevertheless, Pentagon will stake its all, and, using its at Munich airport in which a container of it also says that insufficient funding for new own homespun interpretations of the provi- plutonium 239 from Moscow was detained developments in the nuclear sector may lead sions of the ABM Treaty, will de facto stop late August, Rolf Linkohr, president of the to the complete nuclear disarmament of Rus- taking it into account. Particularly since in European Energy Foundation and member of sia as early as 2005, when SS–33 [as heard] the Pentagon’s understanding, the ABM the European Parliament, replied that he type missiles will have outlived their poten- Treaty will not restrict the theater ABM. knew nothing about it. If it had occurred, he tial. Admittedly, at the same time, the fact that said, there would have been a government Today, the missile troops, who are con- this is a question of mobile ground-, sea-, crisis in Germany. stantly monitoring the nuclear safety of and air-based ABM systems, which are Anyway, he said, it is immaterial where Russia, live in accordance with the favorite banned by this treaty, is being deliberately nuclear materials are being stolen—in the expression of their commander in chief: any- kept quiet. East or in the West. This view was supported one can be on combat alert when there is And I would like to stress the following by his foreign colleagues attending the first money, but try to do so without it. here. Until the sides agree where the distinc- international meeting on cooperation be- Although the largest units of the Russian tion between authorized and banned activity tween the European Union, the CIS, and the nuclear triad, the strategic missile troops, lies in respect of such ABM systems, there Baltic countries in the sphere of control over are supposed to use only eight percent of the are no grounds for stating unilaterally that the use of nuclear materials, held in St. Pe- Russian military budget, they say that they the creation of a particular ABM theater of tersburg in mid-April. The main thing, they do not see even a small part of this money. military operations systems corresponds to stressed, is to combat this evil, create reli- Yuriy Kononov, commander of the largest the treaty and does not undermine it. Other- able national systems for recording nuclear missile division in Europe and based near wise, the entire process of arms control materials, and strengthen the rules control- Saratov, says the danger lies not in earth- might as well be scrapped. ling their nonproliferation on the territory quakes, but in the lack of money for the Although the rumors about a ‘‘Russian nu- of the CIS and the Baltic countries. The EU smallest part of the Russian Armed Forces. clear mafia’’ are somewhat exaggerated, ac- countries were not mentioned. The administrative infrastructure is in dis- cording to Mikhail Kulik, Northern Fleet We must combat it, of course. But it is not array and there is a permanent danger of military prosecutor’s office investigator for very clear how, if we do not know where the electricity power cuts at command points. It special cases, cited by the paper CHAS PIK, thefts are taking place. Lev Ryabev, Russian seems that Russia’s nuclear safety does not there are criminal groupings in the North- first deputy minister of atomic energy, flatly depend on the design of missile silos after west region that are busy trying to get into denied the story of a ‘‘Russian fingerprint’’ all. [Video shows missile silos which Russian depots containing nuclear materials. on nuclear contraband. There are rigorous strategic missile troops have for nuclear The conference in St. Petersburg was at- standards which enable us to tell who fissile warheads; facility in an unidentified loca- tended by atomic energy specialists from materials belong to. The data on the isotope tion, servicemen and women monitoring Russia, the CIS countries, and Lithuania, structures and composition of the permis- equipment, warheads being transported; senior officials from the International Atom- sible impurities of the highly enriched ura- Yuriy Kononov, identified as commander of a ic Energy Agency European Commission, nium and plutonium seized in West Europe missile division stationed near Saratov, also representatives of the European Fuel Cycle unequivocally demonstrate their non-Rus- shown] Consortium, and nuclear experts. It was sian origin. noted that the EU spent $400 million in 1991– But in the Russian nuclear house, too, all f 1994 on improving the system of safeguarding is not as well as we would like. The Atomic VOTERS BILL OF RIGHTS nuclear safety in the countries on the terri- Energy Ministry representative cited earlier tory of the former USSR. This involves had to admit that there have been 18 thefts The SPEAKER pro tempore. Under training specialists at Obninsk and develop- of nuclear materials in the past 18 months. the Speaker’s announced policy of May H 8166 CONGRESSIONAL RECORD — HOUSE August 1, 1995 12, 1995, the Chair recognizes the gen- I think this is needed, why I think it is sis of confidence. If unchecked, declin- tleman from Michigan [Mr. HOEKSTRA] important, and why I think that these ing confidence will destroy the credi- for 30 minutes. initiatives will help deal with this bility of our national institutions so Mr. HOEKSTRA. Mr. Speaker, to- problem of 75 percent of the American much that governing sensibly will be- night I come to reflect on the first people not trusting what we do here in come nearly impossible. I think some months of this what in many ways may Washington. people would say that we have already be an historic Congress. We have done The reason is that Washington has to reached that point. what many people have said we could start recognizing that the world is The most important question for not do. Early in this year we met our changing. There are forces at work in those concerned with these problems is commitments by passing many of the our society, in technology, in edu- how to restore confidence in our repub- elements, but completing the Contract cation, in business, and in health. They lican form of government. That is re- With America. We met our commit- are moving us into an area of public publican with a small r. ment of considering and voting on all policy which the current centralized Policy making at the national level of this legislation within 100 days. We bureaucracy, this current centralized is really a two-step process. First we actually did it within 93 days. Government in Washington, is incapa- develop an issue agenda, and then these After we completed the Contract ble of addressing effectively. issues which make it on the agenda are With America, we completed another The challenges we face in the coming debated and they are hopefully settled. historic activity which many people in years, whether it is Social Security, Elections should allow voters to set the America said we could not do, and that Medicare, taxation, health care, the agenda as candidates courting their is we passed a House budget resolution Federal debt, if they are left unre- votes debate the relative importance of which puts us on a 7-year glide path to solved, will undermine the legitimacy the issues and their positions on them. a balanced budget. We then went on of our constitutional government. Our In casting their vote for a particular and did an additional thing that people outdated systems in Washington I candidate, voters choose both what is- said will never happen. We worked think need to be completely rethought. sues they want debated and whom they through our differences with the Sen- I believe that the Voters Bill of Rights most trust to resolve them. ate and we passed a conference budget will do that. That is how it should work. But I do resolution that both the House and the It is interesting to note that today not think elections work that way any- Senate passed which again put us on a more Americans between the ages of 18 more. Individual Members of Congress glide path, a 7-year glide path, to a bal- and 40 believe in UFO’s than believe in have devoted their staff and financial anced budget. Social Security, or that Social Secu- resources to doing individualistic fa- We are now completing this week or rity will be there for them when they vors and avoiding positions on broader have already completed something else retire. They believe that we are wast- national issues. The personalization of that people said we probably would not ing their money, and they feel helpless campaigning means that the agenda get done. We have passed 10 appropria- to act. settling functions of elections has been tions bills through the House of Rep- This national survey again said rea- short-circuited, left almost exclusively resentatives, 10 appropriations bills sons that people listed for distrusting in the domain of Washington centered that match or are under the spending government include 93 percent believe interests, rather than the broad na- caps that were contained in our budget that Washington is wasting their tional interests. resolution. As we finish this week, we money. They feel helpless to act. Poor What I am saying here is that what will probably complete two additional voter participation rates in recent we should have is we should have the bills, so by the time we go on our re- elections reveal a deep lack of national electorate setting the issue cess, we will have completed 12 out of connectiveness between the American agenda for Washington, but because the 13 appropriations bills within the people and those who govern them. elections have become centered on per- budget guidelines and the budget caps Elections have become more a battle of sonalities, these personalities get that were outlined in the conference sound bites than a substantive debate elected to Washington and they then budget resolution. about the issues facing our country. set the agenda here. The interesting thing with this, as we Again, the survey indicates that 88 I think a major corrective step would have gone through this process, today percent of the American people believe be to restore the connection between in the Washington Times this report that politicians will say whatever it national elections and national issues. comes out. Three of four Americans will take to get them elected, and do Unfortunately, one cannot rely only on distrust Government, the most in poll- whatever they want once they are individual candidates to do so, since ing history. According to this, this elected. We have to change that rela- the current campaign strategies are so came out of a joint survey by Demo- tionship and that process. Because effective. That is focusing on personal- crat and Republican pollsters. when it comes right down to it, the ities rather than issues. This I think reflects an unfinished bond between our citizens and their So we have to do some other ap- agenda that I hope that this Congress Government in Washington has been proaches. I think allowing the voters will take up during the fall and the damaged because elected officials are to use the Voters Bill of Rights to help winter of 1995 and the winter of 1996. unresponsive to critical issues. Issues set national priorities would be an ef- We have a responsibility to make this and parties have less effect on voters’ fective way to restore that connection. Government, to make this House, to decisions. Personalities, money and The ideas contained in the Voters Bill make this town, more responsive to the narrow interests have far too great an of Rights would reconnect issues to American people, to bring back the impact. Through deliberate tactics and Congressional elections without violat- interconnectiveness between the wish- fudged by special interests, politicians ing the basic form of the Constitution es, the desires of what the American personalize their appeal to voters. or the founders’ views of the proper people want and what we do here in What they do is they avoid controver- role of Government. Washington. sial or decisive issues. While this may The Constitution is a mix of ele- One of the primary reasons for this win elections—I do not think it may ments forming our representative de- significant distrust of the American win elections, I think it does win elec- mocracy, a form of government in people is that so often what people and tions—the result is that politicians which people freely choose their deci- politicians say in their campaign ring elected on such personality-centered sion makers, but do not make the deci- hollow once they come to Washington. campaigns believe the way to govern is sions themselves. We are and should re- Last week I introduced a series of to avoid responding to these issue main a republic. We do not want to go bills that I call my Voters Bill of agendas, but merely presenting a pleas- to a pure democracy. Rights, a series of legislative initia- ing personality and satisfying the paro- The founders rightly feared the mo- tives that will, I think, lay the frame- chial needs of individuals and narrow mentary passions of even the limited work, create the foundation, for I interests is the best way to govern. property owning male and fairly well- think renewing American citizenship. I I think we should be very concerned educated electorate of their time. For have written some thoughts about why about this direction and about this cri- them democracy meant rule by the August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8167 demos, or mob. They evolved a situa- most individual basis has empowered want to know where the people they tion to be avoided for its tendency to Representatives to ignore larger issues were voting for stood on these issues. trample minority rights. Madison be- and placed the blame for inaction on Should Congress approve a constitu- lieved a republican form of government the institution. Thus today we have a tional amendment to limit the terms would refine and enlarge the public far more responsive government than of Representatives and Senators? Sec- views, by passing them through the ever, but its officials are far better able ond question, remember these are advi- medium of a chosen body of citizens to evade responsibility for inaction and sory: Should Congress approve a law to whose wisdom may best discern the gridlock. We have not been dealing replace the current income tax system true interests of their country, whose with the tough issues. This Congress with a flat tax? Yes or no. patriotism and love of justice will be has seen its vote on term limits, has The third question: Should Congress least likely to sacrifice it to temporary seen its vote on a balanced budget approve a constitutional amendment to and partial considerations. amendment and a line-item veto. require a popular vote by the American In large measure the main constitu- The voters bill of rights, however, I people for any future income tax in- tional elements of separation of gov- think fundamentally empowers citi- creases? ernment, separation of powers, federal- zens to have a more direct impact on Three simple questions, helping to ism and bicameralism, are all designed this town. frame the debate for the next Congress, to allow time for the passions of the Now, let us talk a little bit about term limits, tax reform and a reform or masses to cool, hopefully turning dan- what we have as part of this voters bill vote empowerment on tax increases. gerous impulses into more reasoned ef- of rights. What are we proposing in a These are nonbinding issues. So the fective change. Madison is usually con- series of legislative initiatives that process then becomes one of debate sidered one of the more levelheaded will deal with this problem of 75 per- these issues, advise Congress, the next founders of this country. His critic of cent of the American people still being election, probably elect people that are the direct democracy is sound and cynical about Washington? I think consistent with your views on these is- broadly admired. His optimism, how- what we need to do is open up the proc- sues. We would come back in the 105th ever, about—and when is the last time ess, invite them in, invite the grass- Congress, and we would have feedback we heard people described Congress roots population in, not to make deci- from the American people on these this way—full of wisdom, patriotism sions but to help set the agenda for three issues so that we could seriously and love of justice, love of justice of what we work on here in Washington. debate, discuss and hopefully deal with elected representatives, seems, in light The voters bill of rights is our first these three issues early in the next ses- of current events, naive and anachro- step and perhaps the only step that re- sion of Congress. nistic. alistically has a chance of passing in So the agenda that we would be The brace against the mob rule writ- this Congress. I will have to be honest working on here in Washington would ten by the founders in the Constitution with the speaker. Most of these ideas be consistent with the agenda and the should not be lightly dismissed. There are not very widely accepted in Wash- direction that the American people had are, on the other hand, constitutional ington, not very widely accepted in set, but the direction we would be elements to promote the Democratic this House. going in or the final details of how impulse. These include wide suffrage, We have not been here long. But as I these would be worked out would be short election terms for the House of go through the list of ideas, I think left up to this House, to our companion Representatives, and the required ori- you will be able to understand why House and to the President. gin of all money bills in the House. these ideas resonate at the grassroots The second piece of legislation that Constitutional amendments have level and want to be buried and hidden we have introduced would be very fit- been added, they include the expansion once we get here in Washington. ting as a follow through on this. It is of the right to vote and to make the The first one, I think, is a fairly House Joint Resolution 105. Here is Senate directly elected. Remember, the harmless suggestion, an experiment where we move from the doable to the Senate used to be appointed. Guaran- that I think we could pass in this Con- desirable, but unlikely in this Con- teed participation rights to excluded gress and actually have in place in 1996, gress. It is called recall. What this groups preserved and promoted individ- November of 1996. It is called the na- does, it allows voters to circulate peti- ual freedoms. Extra constitutional de- tional advisory referendum. It is H.R. tions calling for the recall of Senators velopment, such as the rise of mass po- 2115 and H.R. 2116. and/or Representatives. litical parties and the expansion of of- What is a national advisory referen- If a sufficient number of petitions are fices filled by elections, have further dum? Many of our States have binding selected and certified, a recall election enhanced the voice of all the people. referenda, but this is an advisory ref- shall be held. If a majority choose to Sadly, these changes to broaden par- erendum. It allows for a national vote recall the elected official, a new elec- ticipation have not improve our Gov- during the November 1996 general elec- tion is called to fill the vacancy. Would ernment or are not effective in dealing tions on issues such as term limits, tax that not be a wonderful process, if we with some of the problems that we face reform and tax limitation. could get both of these done, where you today. Specifically, what this means is that would have a debate, an advisory ref- if this legislation passed next summer, erendum, Congress would act, and then b 2045 early next fall, we would have a debate perhaps some constituents along the The changes clearly have made elect- on these three national issues. On elec- process might feel the need for a recall. ed officials more responsive to the im- tion day in November of 1996, citizens One of the things that we have heard mediate opinion of individual voters, would go in, they would go into their so much about in the last few months yet major issues remain unresolved. In- place, their voting booth, vote for is people that said we are in favor of dividual citizens have more opportuni- President. They would vote for perhaps term limits. We are in favor of a bal- ties to participate in political debate a Senator. They would vote for their anced budget. We are in favor of a bal- but see little substance in what is Congress person. anced budget amendment. That is what being debated. Institutional develop- Then they would see this funny little they campaigned on. That is what they ments and campaign change made box in the corner, advice to Congress or promised their voters. They came here, Members of Congress almost invulner- to Washington, three questions. The they had the opportunity to vote. And able to mass public judgment, while at three questions should be or will be: what did they do? They did what 88 per- the same time empowered them to ma- Should Congress approve a constitu- cent of the American people believed nipulate the opinions of isolated con- tional amendment to limit the terms that politicians do. They did and they stituencies and individuals. of Representatives and Senators? Yes said what will get them elected, and Representatives cultivated individ- and no. then they will do whatever they do or uals through case work, narrow con- Remember, this would have been, whatever they want once they are stituencies by targeted mail and politi- these questions would be well defined elected. cal action committees resolutions. The before, so voters would recognize what So the two elements that we dis- power to appease constituents on an al- the questions were. I bet they would cussed so far in this voters bill of H 8168 CONGRESSIONAL RECORD — HOUSE August 1, 1995 rights, empowering the American citi- makes us, in an information age, it Elections would once again be about zenship, or national advisory referen- makes them more complete partners both issues and candidates, not just dum, connected with that is the oppor- with us in the process so that we will candidates, about both issues and can- tunity for recall. not be reading anymore headlines like didates. That is what we need to do. The third item that we have as part this that say, ‘‘75 percent cynicism Voters would go to the polls confident of this process goes to election day. rate suggests a third party.’’ that they are sending a signal to Con- How many times have not people The answer is not a third party. The gress on which issues they want ad- gone into the voting booth and said, I third party will suffer from many of dressed. Candidates would be more am really not pleased with any of the the same problems that the current likely to take positions on ballot is- choices here, but the only choice that I process has. We need to change the sues. I do not think they would be have is to either vote for the people on process to enable people to more com- more likely to. I think voters would re- this list or not vote in that category at pletely feel engaged in the process of quire them to take positions. And they all. Well, we are proposing that they funning this country. The current would be less able to go into office have another choice. model says Washington knows best, based merely on name recognition and The choice that they have would be that knowledge flows from Washington slick campaign styles or slogans. the candidates who have gone through to the people. The underlying contemporary mal- the normal process to get their names This new model says, not says, actu- aise, alienation, and cynicism toward on the ballot, then a little box that is ally demonstrates that the people politics is all too apparent today. on their automatically. Again, not an know best and that the people should Unchanneled into productive expres- idea that is well liked here in Washing- be allowed to speak in a more direct sions of citizens control, it is likely to ton, it is called none of the above. A fashion to help set the agenda in Wash- erupt in ways far more dangerous to little box there, you can vote for Mr. X, ington. They do not make the final de- our constitutional principles and long- Mrs. Y, Ms. So-and-so, or none of the cisions. That is the job of this House, standing political traditions such as above. of this Congress, working together political parties. What happens if you go through this with the President, to make the final b process and at the end of the election decisions on how we implement what 2100 day the votes are tabulated and count- we do, how we will do it. But it is a We need to address these issues. We ed and none of the above wins? It is a way to more fully engage the American can no longer sit on the sidelines with clear signal that the people have been people. The voters bill of rights propos- 75 percent of the American people cyni- dissatisfied with the choices that they als will help citizens set the agenda in cal about what we do here in Washing- were given by the major parties or Washington without changing the es- ton. This Congress boldly acted when independent people who worked to get sential nature of the way decisions are we said, we are listening to the Amer- on the ballot. And it says, none of made. ican people, we know and we hear that these people meet our criteria, so we The advisory referenda proposals are you want us to deal with the deficit. voted for none of the above. We would a modest means to induce congres- We are doing that, and I congratulate like a new election. None of the people sional action. It is a half step, but I this Congress on doing it. But now we that ran in this initial election are eli- think it is the only step that this Con- have to deal with this cynicism and gible for the second election. gress is willing to take. If such a proc- this contempt that people hold for this So none of the above, the third ele- ess bears fruit, the constitutional Congress. ment in our voters bill of rights. amendments I have proposed might Mr. Speaker, a Voter’s Bill of Rights The last two pieces of legislation prove unnecessary, but I think the ex- provides a framework to begin that dis- that we have introduced, again, signifi- periment is worth going through. More cussion. It provides a framework, and cantly empower voters to help set the likely, however, the more forceful actually it provides, I think, some leg- agenda here in Washington. Actually mechanism, the joint resolution pro- islative initiatives that we can pass allowing for voters to add in binding posals, that is, the advisory referenda, and we can begin on the road to this referenda so that they can actually none of the above, recall, are necessary citizen involvement. help us and pass legislation through to redirect Congress’ attention back to A further benefit of the Voters’ Bill the referenda process, and the last the interests of the people. These items of Rights is to provide national leader- piece of legislation is a national citi- are outlined to give people an ability ship for the legislature. Such leader- zens initiative amendment process to to enact laws through an initiative ship has been far too absent from the actually enable, there are two ways to process, without disrupting the struc- congressional power structure. A na- start a constitutional amendment now, ture of our representative form of gov- tional initiative, either of the advisory through action in the Congress, action ernment. referendum type, or the more powerful by the States, the third way we are The petition requirements, the legislative proposal, would provide a saying now is to actually enable the supermajority, limitations built in this national publicly-developed agenda of voters to start the amendment process ensure that the genuine and unique issues of which Congress would be to the Constitution, not the complete characteristics of our form of govern- forced to grapple with in its next ses- process, but a third way of beginning ment do not change. This is a way to sion of Congress. Congress would be the amendment process. create partnership, not to change the transformed from an assemblage of pa- Just think if we had had that process core values of how we run this govern- rochial agents to a body forcing the de- in place today, I have a high degree of ment. bate and defending the public good. certainty that we would have passed The voters bill of rights preserves What a wonderful change that would term limits. We would have passed the many of the advantages of our current be. balanced budget. We would have passed system, preserving our representative Other attempts at more lightened de- a line-item veto. Those things would form of government, protecting mi- bate like more Oxford-style debate are have been part of our Constitution. norities, preventing hasty decisions, puny and hollow. They do not require They would have stopped a Congress fostering compromise and conciliation. resolution of any issues. They may that many people think has acted irre- New benefits they bring include the make the House more entertaining, sponsibly over the last number of years potential to stimulate the dangerously more fun to watch. We are not in the by spending more than what it takes flagging public participation in civic entertainment business, we are into in. The American people knew that, affairs. Why do not people come to education and resolving public policy but Congress, as many believe, was un- elections? They feel disconnected. date. Forced debate on say term limits willing to act. They do not believe what politicians would guarantee an open an edu- What this whole voters bill of rights say. And they do not trust us when we cational debate on an issue otherwise does is it makes the American people get here. This process, where they are inadequately considered. fuller and more complete partners with more actively engaged, this will hope- The Voters’ Bill of Rights provides us in governing this country. It does fully get them to come back out and us, I think, with the framework, with not move us to a democracy. It just participate in our electoral process. the foundation, to build on what I August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8169 think is a record of success of this Con- than a year ago was the Nation’s third wife were both being employed by their gress. We have dealt with the budget, highest ranking law officer, testified friends, many people wonder whether we have dealt with the contract, we before the Senate about the death of he cooperated with the Starr probe as have dealt with appropriations bills. Vincent Foster and the obstructions of much as he might have. Now is the time that we start doing the the investigation at the White House. The judge originally assigned to pre- people’s agenda, engaging in a full I’d like to talk for a moment about side over the Hubbell case was one Wil- partnership with them, providing them Webster Hubbell. He is often character- liam Wilson in Little Rock. However, with a light at the end of the tunnel ized in the media as the President’s fre- as is so often the case among the polit- that says, Washington is open. We want quent golfing partner. But he is much ical and social elite of Arkansas, Judge you to provide us with more direct more than that. Wilson had close associations with Bill feedback, more direct contact, and as a Mr. Hubbell was a partner along with and Hillary Clinton, and before becom- result of that new cooperation, that Hillary Clinton, William Kennedy III, ing a judge was very active in the Ar- new dialogue, we are going to be a and the late Vincent Foster at Little kansas Democrat party. Judge Wilson more responsive and a more effective Rock’s powerful Rose Law Firm. In realized the possible conflict of inter- body, so that you, once again, can be fact, Mr. Hubbell served as the firm’s est, and 2 days after Mr. Hubbell’s proud of the process here in Washing- managing partner. He also served as guilty plea he recused himself from the ton, and I think the result will be, you mayor of Little Rock, and was ap- case. In doing so, Judge Wilson stated, will also be prouder of the product that pointed by then-Governor Bill Clinton ‘‘Not only must you do justice, you we produce here in Washington. as interim Chief Justice of the Arkan- must have an appearance of doing jus- Mr. Speaker, the Voters’ Bill of sas State Supreme Court. tice.’’ I take that quote from an edi- Rights is a step forward, a step to He came to Washington with the torial in the June 21, 1995 edition of the frame the debate and the discussion on Clintons after the 1992 election and, in Wall Street Journal and ask that this how we can empower the American the opinion of many Washington insid- editorial be entered into the RECORD. people, and how we can renew Amer- ers, ran the Justice Department until WHO IS HENRY WOODS? ican citizenship. Janet Reno was confirmed by the Sen- Last year, the President was reminiscing f ate. Mr. Hubbell resigned as Associate with Connie Bruck of The New Yorker about Attorney General in March 1994 after his 1990 gubernatorial race. At one point, he REPORT ON RESOLUTION PROVID- his former partners at the Rose Law said, he was undecided about running and an ING FOR CONSIDERATION OF Firm began to investigate him for influential Arkansan came up with a sub- H.R. 2127, DEPARTMENTS OF overbilling some of his clients, includ- stitute: Hillary Clinton. The powerful mem- LABOR, HEALTH AND HUMAN ing the federal government for work ber of the Arkansas political family ‘‘des- SERVICES, AND EDUCATION, AND done in a case against the auditors of perately wanted her to run for governor,’’ the President told Ms. Bruck, ‘‘and it got out RELATED AGENCIES APPROPRIA- Madison Guaranty Savings and Loan. TION ACT, 1996 and around the state.’’ Now, like many of the President’s That gentleman was Judge Henry Woods of Mr. MCINNIS, from the Committee friends from Arkansas, Mr. Hubbell has the U.S. District Court for the Eastern Dis- on Rules, submitted a privileged report left the government in disgrace and trict of Arkansas. ‘‘Henry,’’ a friend of the (Rept. No. 104–224), on the resolution legal trouble. judge told Ms. Bruck, ‘‘just hangs the moon (H. Res. 208) providing for consider- On June 23, 1995, Mr. Hubbell asked on Hillary.’’ Judge Woods has contributed 15 ation of the bill (H.R. 2127) making ap- the judge presiding over his case for le- years of distinguished service to the judici- ary, particularly in the long-running Little propriations for the Departments of niency, stating that he had made prop- er restitution to his former firm. Under Rock school desegregation cases. At a criti- Health and Human Services, an Edu- cal point in 1987, Judge Woods named Mrs. cation, and related agencies, for the the sentencing guidelines, Mr. Hubbell Clinton counsel to a citizens’ committee fiscal year ending September 30, 1996, was required to serve a mandatory working for racial balance in the schools. ‘‘I and for other purposes, which was re- minimum sentence unless the inde- called on Hillary a lot,’’ he told Ms. Bruck. ferred to the House Calendar and or- pendent counsel asked the presiding ‘‘She was not just functioning as advisor to dered to be printed. judge for leniency. Mr. Starr replied to the committee.’’ Judge Woods will soon be back in the news, f Mr. Hubbell’s request by stating that he had no intention to ask for leniency. starting with tomorrow’s arraignment of Ar- WHITEWATER INVESTIGATION The fact that Mr. Starr had no inten- kansas Gov. Jim Guy Tucker and two associ- ates. They’re charged with defrauding the The SPEAKER pro tempore (Mr. tion of asking for the court to be le- government in a scheme linked to David METCALF). Under the Speaker’s an- nient with Mr. Hubbell leads us to be- Hale’s Capital Management Services. While nounced policy of May 12, 1995, the lieve that Hubbell did little to help the arraignment will take place before other Chair recognizes the gentleman from Starr’s investigation. magistrates in Little Rock, the trial is Indiana [Mr. BURTON] for 30 minutes. After he left the Justice Department, scheduled to unfold in the courtroom of Mrs. Mr. BURTON of Indiana. Mr. Speak- Hubbell landed a new job at G. William Clinton’s biggest fan. er, I would like to talk today about the Miller and Co., the law firm of Michael Gov. Tucker has angrily declared his inno- Cardozo. Cardozo is the former Clinton cence and says he may challenge Independ- conviction of Webster Hubbell, the in- ent Counsel Kenneth Starr’s jurisdiction. dictment of Governor Jim Guy Tucker Justice Department official who han- ‘‘None of the allegations,’’ Gov. Tucker said, (both close friends of President Clin- dles the Clintons’ legal defense fund. ‘‘involve President Clinton, Mrs. Clinton or ton) and the two Arkansas judges He became notable in the summer of any other person in the executive branch overseeing these cases. 1993 because he spent the entire week- that the regular U.S. Attorneys would have The judge in Webster Hubbell’s case end with Vincent Foster three days be- had a conflict in prosecuting.’’ As we have stepped aside because of his close ties fore Foster’s death. Webster Hubbell noted in regard to the Clintons, this is cor- to all of Arkansas’ top Democrat poli- and Michael Cardozo spent the week- rect in a narrow sense; but it is also true ticians. The judge in Governor Tuck- end at the Eastern Shore secluded with that the indictments and guilty pleas so far obtained by Mr. Starr paint a disturbing pic- er’s case has made no move to recuse Mr. Foster and his wife. Both have ture of the political and business landscape himself, even though many observers claimed that Foster did not seem un- from which the President and First Lady believe he has even more conflicts of usually depressed, even though inves- emerged. interest. tigators have cited Foster’s depression Understandably, for example, Gov. Tucker Mr. Speaker, about a month ago as the reason for his suicide 3 days would have preferred that ‘‘the regular U.S. former Associate Attorney General later. Attorney’’ handle his case. That would be Webster Hubbell was sentenced to 21 And somehow, Mr. Hubbell’s wife was Paula Casey, the long-time Friend of Bill months in prison. On December 6, 1994, offered a job at the Interior Depart- who first received criminal referrals from Mr. Hubbell pled guilty to one count of ment after Mr. Hubbell entered his the Resolution Trust Corp. allegedly naming the Clintons and Mr. Tucker. After making mail fraud and one count of tax evasion plea. We know that Mrs. Hubbell’s hir- some crucial decisions, Ms. Casey belatedly to the independent counsel investigat- ing was orchestrated by talks between recused herself from the Madison Guaranty ing Whitewater, Kenneth Starr. Last the White House and the Interior De- case, in November 1993, in the midst of a six- week, Mr. Hubbell, who a little more partment. Since Mr. Hubbell and his week period which saw Treasury contacts H 8170 CONGRESSIONAL RECORD — HOUSE August 1, 1995 with the White House. Bruce Lindsey inform- rals named not only Bill and Hillary retary to Sidney S. McMath, the governor. ing the President about the referrals, two Clinton but also Jim Guy Tucker. In that era, our governors exerted complete Clinton-Tucker meetings, and Associate At- The White House has stated that control over the state Highway Department, torney General Webster Hubbell’s own President Clinton and Governor Tucker the agency that expended millions of dollars recusal from Whitewater matters. annually, by far the agency with the most The problem, of course, is that everyone never discussed these criminal refer- rewards to dispense. from the Arkansas political culture comes rals, neither at the White House meet- Henry was promising roads to everybody from the Arkansas political culture. When it ing nor at a later meeting in Seattle. who could offer something in return. He be- came time for Mr. Hubbell to plead guilty to But we have no way knowing. That is came such a promising fellow that I, along a scheme to defraud the government and his why so many people are so concerned with a number of other members of the state former partners at the Rose Law Firm, he about the many improper contacts be- senate, introduced legislation to require an stood before U.S. District Court Judge Wil- tween the White House staff and the audit of the state’s highway-construction op- erations. liam Wilson in Little Rock. Two days after Treasury Department. the plea, Judge Wilson stepped down from Our bill became law, over the strenuous ob- the case, saying his contacts with the Clin- The judge assigned to preside over jections of the governor, and the audit com- tons over the years might be misconstrued. the Tucker case is Judge Henry Woods. menced. It wasn’t long until it appeared that ‘‘Not only must you do justice,’’ Judge Wil- For some background on Woods, I refer Henry had his hands in the highway funds up son said, ‘‘you must have an appearance of my colleagues to the Wall Street Jour- to his elbows, and a Pulaski County grand doing justice.’’ nal editorial I quoted earlier, as well as jury was empaneled to determine whether Naturally Judge Woods has the same sort a column by former elected Arkansas crimes had been committed. of associations. Now 77, he was for some 40 The hearings waxed hot and heavy, and Supreme Court Justice Jim Johnson three weeks before the governor’s term ex- years a close associate of Arkansas financier that ran in the June 23, 1995, edition of and legislator Witt Stephens—head of the pired, and with it Henry’s job as the gov- Stephens Inc. investment giant until his the Washington Times. I ask that these ernor’s executive secretary, the judge presid- death in 1991. ‘‘Mr. Witt’’ first earned a rep- articles be entered into the RECORD. ing over the grand jury abruptly and unex- utation as a political kingmaker with the [From the Washington Times, June 23, 1995] pectedly resigned, thereby enabling the gov- ernor to appoint his replacement. The gov- 1948 election of Gov. Sid McMath; Henry THE LIFE AND TIMES OF JUDGE HENRY WOODS ernor appointed a Little Rock lawyer distin- Woods was Gov. McMath’s top aide. Mr. (By Jim Johnson) Woods later fought segregationist Gov. Orval guished mostly for his enthusiastic apprecia- To understand how the federal courts work Faubus and was a supporter of current Sen. tion of distilled spirits, and his first judicial in Arkansas, you have to understand Ste- Dale Bumpers and Rep. Ray Thornton, act was to dismiss the grand jury—which, ac- phens Inc. among others. Messrs. Clinton, Tucker, Hale, cording to speculation the grand jurors never To understand Stephens, you have to un- and James McDougal of Madison Guaranty discouraged, was about to indict Henry. derstand Henry Woods, 77, the senior U.S. fame all got their early political education Henry Woods is an empire-builder. He con- judge in Arkansas, and the judge to whom from one of the towering figures in Arkansas cerns himself not only with the appointment the fortunes of Jim Guy Tucker, our gov- politics, former Sen. William Fulbright. It’s of federal judges, but clerks, magistrates, ernor now under federal indictment, have a tight, if sometimes feuding, family. U.S. district attorneys, U.S. marshals, the been assigned. Mr. Woods actively supported Mr. Bump- office secretaries, clerks and even the jani- You might say, ‘‘it’s an Arkansas thing.’’ ers’ 1970 gubernatorial run. In 1974, Gov. tors. Henry spent World War II on the home U.S. district judges and other major offi- front, working as an FBI agent. He keeps Bumpers knocked Sen. Fulbright out of the cials of the federal judiciary are selected by Democratic primary and went on to the Sen- himself informed as to every sparrow that political appointment, and politicians are falls by being the most active alumnus in the ate; Mr. Fulbright went to work for the moved by political influence. The most pow- Saudis and Stephens Inc. In 1978, Mr. Woods FBI association. Henry does not miss much. erful political influence in Arkansas for the Henry was the closest friend Witt Stephens supported Mr. Stephens’ nephew, Mr. Thorn- past 40 years has been Stephens Inc., owned ever had. He took lunch with Witt every day ton, in a three-way primary race against and operated for many years by Witt Ste- for years in the private dining room at Ste- then-U.S. Rep. Tucker and David Pryor for phens and his younger brother, Jack. phens Inc., in downtown Little Rock, and the Democratic nomination to the Senate. Stephens Inc., is the largest bond house off when Witt passed away two years ago Henry President Carter nominated Mr. Woods to Wall Street, bigger than any in Chicago or gave the eulogy. Henry knew of every federal the federal bench in 1979; when he was sworn Los Angeles or Dallas, and one of the top vacancy before it occurred, just in time to in, Gov. Clinton saluted him, saying he was commodities traders in the nation. Stephens make the wishes of the Stephens brothers a man who would ‘‘feel the pain’’ of the peo- took Tyson Foods and a number of other known to the official assigned to fill the va- ple. business giants public, for example, and con- cancies. The defendant to the contrary, the Tucker tinues to influence their operations. For example, Henry engineered the ap- case is not just another case, but one preg- In 1992, when the Clinton campaign was pointment of his former classmate and co- nant with implications for the President, the knocked to its knees by the first allegations campaign manager, Elsijane Trimble Roy, to First Lady and the whole circle of the of the candidate’s draft-dodging and the federal bench in Arkansas. His public ad- judge’s friends and associates. Judge Woods womanizing, a Stephens subsidiary advanced miration of the president and the first lady can best honor his distinguished record on him over $3 million to save his campaign. has been remarked on for years, and when the bench by following Judge Wilson’s exam- This advance was identical to the sum the they went to Washington he saw to it that ple and stepping aside. Stephens organization got in a sweetheart they leased a presidential office in the Ste- This editorial raises an interesting deal it had manipulated with the Clinton- phens Building, even though ample space was question, because we are awaiting the controlled Arkansas Student Loan Fund just available in Little Rock’s spacious new fed- trial of Bill Clinton’s successor as Gov- a few months earlier. eral office building. ernor of Arkansas, Jim Guy Tucker. On These people play hardball, and play it When Mr. Clinton became the president, well. When Sen. John L. McClellan died in June 7, 1995, Governor Tucker and two another of Henry’s friends, his former law 1977, the Stephens brothers determined to re- partner, William R. Wilson, was appointed to associates were indicated by a Federal place him with their nephew, Rep. Ray a federal judgeship, too. Mr. Wilson had been grand jury in Little Rock. Governor Thornton, who then represented a district in Henry’s leg man and gofer for years; it was Tucker was indicated for fraudulently southern Arkansas. Our governor, Jim Guy well known in Little Rock that when Mr. obtaining a federally backed small Tucker represented the Little Rock district, Wilson walked into your office you were ac- business loan and evading taxes and is and David Pryor, now our junior U.S. Sen- tually dealing with Henry. facing up to 12 years in prison if con- ator, was the governor. When Webster Hubbell, the U.S. associate victed. All three entered the race for Mr. attorney general and the No. 3 man in the McClellan’s seat. The nephew ran a close Justice Department, pleaded guilty to hav- On October 6, 1993, Jim Guy Tucker third, leaving the Stephens brothers in a po- ing committed 2 of 47 felonies charged and President Bill Clinton met pri- sition to pick the winner in the runoff pri- against him, the case was assigned to Judge vately at the White House. About a mary, by throwing the nephew’s support to Wilson for sentencing—even though Webb week before this meeting, White House one of the two top candidates. Hubbell worked on Judge Wilson’s appoint- Counsel Bernard Nussbaum and White They selected David Pryor, on condition ment, and as a lawyer Judge Wilson had rep- House Advisor Bruce Lindsey and other that he arrange the appointment of their resented Roger Clinton, the president’s top administration officials were in- friend, Henry Woods, a Little Rock lawyer, brother, when he was charged in a drug case. formed of the fact that the Resolution to a U.S. district judgeship. As soon as Mr. He had represented Mrs. Virginia Kelley, the Pryor was elected, he kept his promise. president’s late mother, in another matter. Trust Corporation had forwarded I first knew Henry Woods when I arrived in It did not occur to Judge Wilson to recuse criminal referrals regarding Madison Little Rock in 1951 to represent Ashley himself until the pressure created by na- Guaranty Savings and Loan to the Jus- County, where I was born, in the Arkansas tional news coverage became to intense that tice Department. These criminal refer- state senate. Henry was the executive sec- he finally stepped aside. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8171 This brings us to Whitewater. Six judges squalid evidences of corruption paraded past this isn’t the case. The charges brought sit in Little Rock for the Eastern District of America over these past 21⁄2 years, besmirch- by the Independent Counsel against Arkansas. Three are there through the ma- ing the reputation of the state we love. We Governor Tucker are the direct result neuvering of Henry Woods, affording those should have done something about it years of testimony and documentary evi- persons indicted as a result of the investiga- ago. We failed. tion that began with the president and Mrs. Now Congress must meet its obligations to dence provided by Judge David Hale. Clinton a 50–50 chance of drawing a judge the Constitution and to the people who sent Judge Hale is the same man who has with a connection to Henry and Stephens them to Washington to defend that Constitu- accused the president of pressuring him Inc. Jim Guy Tucker had just such luck. tion. Congressional hearings on the order of to approve an illegal loan in 1986 to ob- Further, anyone indicted as a result of an Watergate must be conducted at once, and tain funds to help the failing Madison investigation into whether someone at only when they are concluded after a thor- Guaranty Savings and Loan. Tyson Foods, Inc., bribed Mike Espy, the ough and vigorous effort, and everything has Judge Hale pled guilty to defrauding former U.S. secretary of agriculture, would been laid out before America, can America the Small Business Administration. He be tried in the Western District of Arkansas, know that justice has been done. headquarted in Fort Smith, before Judge has testified to a Federal grand jury Judge Woods is a longtime member of that he was pressured by Governor Bill Harry Barnes, the former law partner of Sen. the Arkansas political elite. He is a David Pryor; Judge Franklin Waters, the Clinton and his Whitewater partner, former law partner of James Blair, who is major power broker in the Arkansas James McDougal, and by Jim Guy the chief counsel for Tyson and the guru of Democrat party. He served as chief as- Tucker, to provide an illegal $300,000 Hillary Clinton in the making of her miracu- sistant to Democratic Governor Sid loan to McDougal’s wife, Susan lous fortune in the commodities-trading McMath. He freely admits that he is McDougal. This loan was never repaid, market; or Judge Jim Larry Hendren, the good friends with Bill and Hillary Clin- and more than $100,000 of the loan re- former personal attorney for Sam Walton, ton. Judge Woods named Mrs. Clinton the founder of Wal-Mart. Stephens Inc., took portedly ended up in Whitewater Devel- to a State panel to work toward racial opment Company’s account. Wal-Mart public. Jack Stephens and Hillary balance in schools. Woods and McMath Clinton have been members of the board of The day after the Tucker indictment, Wal-Mart. later went on to form a law partner- Mr. Starr secured a guilty plea from Kenneth Starr, the independent counsel, ship, McMath, Leatherman, and Woods. Stephen A Smith, who was one of Bill appears to us in Arkansas to be conducting McMath’s son, Sandy McMath, a mem- Clinton’s top aides during his first his investigation in a vigorous and profes- ber of the law firm, was an instrumen- term as Arkansas governor. Smith sional manner, but members of Congress tal leader in the early political cam- should bear in mind that even if these judges pleaded guilty to defrauding the Small paigns of Jim Guy Tucker. So even if Business Administration, lying to ob- recuse themselves, the judicial machinery Judge Woods and Governor Tucker for the selection of U.S. grand and petit ju- tain $65,000 from David Hale’s lending ries will remain in place and exercise a aren’t the best of friends, they are un- agency, Capital-Management Services. marked influence on the outcome. All clerks, doubtedly members of the same tightly The indictment of Jim Guy Tucker marshalls, secretaries, and even the janitors knit network from which Bill Clinton and the guilty plea of Stephen Smith know they will be spending the remainder of emerged. show us that the grand jury—made up, their careers under the supervision of the In the Webster Hubbell case, Judge incidentally, or normal citizens of Ar- judges who would be stepping aside only Wilson realized immediately that he kansas, not a bunch of right-wing Clin- until the great spotlight dims, silence falls had no business trying the case. Even if ton critics—is looking closely at the and the special prosecuting lawyers leave he could have been completely objec- documents and listening very carefully Little Rock. tive, many people would still question If justice should be done with convictions to the testimony offered by David Hale. what they saw as the appearance of a secured, the convictions will be appealed to The actions taken by Mr. Starr tell us conflict. In the Jim Guy Tucker case, the U.S. Court of Appeals for the Eighth Cir- that both the independent counsel’s of- cuit in St. Louis. The chief judge there is Judge Woods has given us no indication fice and the grand jury consider David Richard Arnold, a protege of Henry Woods, that he intends to recuse himself, de- Hale a credible witness. who lunches with him nearly every day he is spite his multiple potential conflicts of in Little Rock, at Stephens Inc. Witt is gone interest. With Judge Woods, the con- [From the Washington Post, March 4, 1995] but the private dining room lives on. WHITE HOUSE OFFICIALS DETAIL AIDE’S ROLE His brother, Morris Arnold, also serves on flict of interest is more than just an appearance. It is a very serious matter. IN HUBBELL HIRING the appeals court. Morris (or Buzz, as we call (By Susan Schmidt) him at home) was the only Republican con- QUESTIONS: firmed by the old Democratic Senate after If Jim Guy Tucker’s attorneys move Administration officials yesterday offered Bill Clinton was elected president of the to throw out the indictments claiming more details about the White House role in helping Suzanna W. Hubbell secure a politi- United States. that Kenneth Starr has exceeded his On his last visit home, Mr. Clinton spent cal post at the Interior Department last the first several hours with Richard Arnold, jurisdiction, would Judge Woods’ many month, saying that Bruce Lindsey, a top the chief judge of the St. Louis court, which ties to the State Democrat party color presidential aide, was involved only periph- hears all federal appeals in Arkansas. The his decision? erally. Paula Jones case is before that court now. What other connections exist be- Hubbell is the wife of former associate at- Judge Richard Arnold was an administra- tween Judge Woods and Governor torney general Webster L. Hubbell, who has tive assistant to Sen. Dale Bumpers, whose Tucker that we do not know about? agreed to cooperate with Whitewater inde- wife Betty is the chief Washington lobbyist With Judge Wilson’s recusal due to pendent counsel Kenneth W. Starr in hopes of receiving a reduced sentence on felony for the largest utility company in our state. possible conflicts of interest in the Arkansas can be an accommodating place. fraud and tax charges. Among other matters, Judge Arnold was, in the president’s own Hubbell case, isn’t it in Judge Woods’ Starr is investigating Lindsey’s handling of description, Bill Clinton’s sentimental best interest, after a long and illus- campaign funds in then-Gov. Bill Clinton’s choice for the seat that finally went to Ste- trious career, to follow his example and 1990 presidential campaign. phen Breyer. Judge Arnold said his health recuse himself? Sen. Lauch Faircloth (R–N.C.), has com- was not good. It was also disclosed, in the What did Jim Guy Tucker and Bill plained that Lindsey should not have dis- FBI check into his background, that he Clinton talk about at their meeting at cussed Suzanna Hubbell’s job with the Inte- earned more than $500,000 last year in the the White House in 1993? How can we rior Department, given that her husband is commodities-trading market—the very same ever know for sure whether or not they cooperating with a criminal investigation market where Hillary struck gold ‘‘Brutus is that touches Lindsey. But White House offi- an honorable man,’’ said Mark Anthony ‘‘So shared confidential information about cials said yesterday that Lindsey did nothing are they all, all honorable men.’’ But why, the RTC criminal referrals that had to help Suzanna Hubbell return to her someone must ask, given their loyalties and been revealed to the White House? $59,022-a-year job after an 11-month leave of the uncanny coincidences that thrive in Ar- What did Jim Guy Tucker and Bill absence caused by her husband’s legal prob- kansas like Delta cotton in August, must we Clinton talk about in their meeting in lems. lead them into temptation? Seattle? Suzanna Hubbell, formerly a special assist- Arkansas is a small state with a wealth ant in the secretary’s office, came back to a DAVID HALE and abundance of many wonderful God-fear- job as an assistant to the director of external ing people. I was born here and when I die When Jim Guy was indicted, the affairs. my mortal remains will return to the soil I media were quick to proclaim that the Interior spokesman Kevin J. Sweeney said love as a Southerner loves the land of his indictment was not connected in any yesterday that Suzanna Hubbell had ar- people. Many hearts have been broken by the way to Bill and Hillary Clinton. But ranged to return to the department Feb. 6., H 8172 CONGRESSIONAL RECORD — HOUSE August 1, 1995 and Interior officials sought throughout Jan- The inspector general’s office said it sent James B. McDougal’s financial relationship uary to get the White House’s okay, without the report to the FDIC general counsel for with the Clintons, including their joint own- success. When Suzanna Hubbell showed up possible legal sanctions against the Rose ership of Whitewater. Madison failed in 1989 for a staff meeting on that date, Interior firm, including recovery of overbillings, and at a cost to taxpayers of $65 million. Chief of Staff Tom Collier directed his dep- said it reported professional misconduct to The voluminous FDIC report and backup uty, B.J. Thornberry, to pull her out, until authorities. The report came a week before documents were sent to congressional bank- the White House approved her status. Hub- the House Banking Committee is expected to ing committee leaders Friday. The agency bell and Thronberry then both got on the examine Rose’s work for the government as released a seven-page executive summary phone and tried to get an answer themselves, part of overall hearings into Whitewater. yesterday. A separate report is expected soon Sweeney said. Former Rose partner Webster L. Hubbell from the inspector general’s office of the fed- ‘‘Suzy called Lindsey to see if he could find came in for the harshest criticism for failing eral S&L cleanup agency, Resolution Trust out about the request for approval,’’ said to disclose his own and his firm’s extensive Corp., for which Rose also did work. Sweeney. Lindsey, the associate White House ties to Madison Guaranty Savings & Loan Mr. Speaker, the fact of the matter is counsel and a family friend, was unavailable, when he agreed to sue the failed thrift’s ac- there have been numerous people in- so she left a message. countants on behalf of taxpayers in 1989. Suzanna Hubbell then called Deputy White Hubbell, the former number three official dicted, numerous people removed from House Chief of Staff Erskine Bowles, who in the Clinton Justice Department, is sched- positions of authority in the White said he would get back to her, Sweeney said. uled to report to prison next week for de- House, numerous people who have been While she waited, Lindsey returned frauding his firm and overbilling clients, in- convicted or will be convicted, I be- Suzanna Hubbell’s call, and talked to both cluding the FDIC. lieve, because of the indictments that Thornberry and Hubbell. ‘‘He said he’d check Among the conflicts the inspector general are coming down who are connected to and get back, which he did not do,’’ said said Rose failed to disclose to the FDIC was this administration. Sweeney. Later, Sweeney said, Bowles called the fact that the firm—in particular partner I believe and hope that the Banking Thornberry and said that Suzanna Hubbell Hillary Clinton—had represented Madison could be reinstated. before the Arkansas state securities depart- Committee here in the House and the A White House official, who asked not to ment during the mid-1980s when the strug- corresponding committee in the other be named, described Lindsey’s conversation gling S&L was seeking approval for a recapi- body, will get to the bottom of all of differently. The official said that by the time talization plan. As part of that effort, Rose this and bring to justice those people Lindsey called Suzanna Hubbell back, the presented statements prepared by the ac- who broke the law. ‘‘glitch’’ already had been resolved and counting firm of Frost & Co. showing that At the very least, the appearance of Thornberry told Lindsey that. The official Madison was in good financial shape, though impropriety for so many people in this said Lindsey was not asked to do anything, the thrift was actually close to insolvency. Hillary Clinton was on a $2,000-a-month re- administration is something that ev- and was not involved in or aware of a deci- erybody in this country ought to be sion by White House counsel Abner J. Mikva tainer at Madison during the mid-’80s. The that day to allow Suzanna Hubbell to return inspector general’s report found no conflict worried about. As the weeks and to work. of interest in her performance of a few hours months come as these investigations The accounts given by the White House of work in an S&L case that involved Dan continue to unfold, I will bring to the and Interior Department officials yesterday Lasater, a Little Rock bond dealer and Clin- floor information for my colleagues to not only differed slightly from each other, ton supporter who went to prison for cocaine take a look at, because I think it is ex- they varied from Sweeney’s statement distribution. tremely important that the people’s Hillary Clinton gave an affidavit to the Wednesday that Thornberry initiated the House and the people who represent the contact with Lindsey as ‘‘a courtesy’’ to in- FDIC inspector general, then submitted to form him that Suzanna Hubbell had been re- an interview, but was not placed under oath. people of this country are apprised of instated. Her attorney, David Kendall, said she would all the facts of the case of Whitewater, have been willing to take questions under the Arkansas Financial Development b 2115 oath, but the inspector general did not want Authority, the Madison Guaranty Cor- Let me just end up by saying that a court reporter present, as Kendall said he poration, and other situations involv- Judge Woods, we believe, should recuse would have required. ing people in this administration. The inspector general’s office launched its With that I yield back the balance of himself to eliminate any possibility of investigation 18 months ago after the FDIC an appearance of impropriety in the legal division issued a report finding that my time. case involving Jim Guy Tucker. I think neither the Rose firm nor the FDIC had al(?) f that most of my colleagues, when they look into both the alleged conflicts and how look at this information and read it in the report was prepared. LEAVE OF ABSENCE In 1989, Hubbell circulated a memo among the CONGRESSIONAL RECORD, will agree By unanimous consent, leave of ab- with that. his colleagues saying he intended to sue sence was granted to: Frost & Co. on behalf of the FDIC. He asked Mr. YATES (at the request of Mr. GEP- One other thing, Mr. Speaker, I whether anyone knew of any Rose firm con- would like to put into the CONGRES- flicts that would prevent the firm from tak- HARDT), for Monday, July 31, after 7:45 SIONAL RECORD tonight and talk about ing the case, but got no reply. p.m., on account of personal reasons. is an article that was in the Washing- Hubbell’s own conflicts should have kept Mr. TUCKER (at the request of Mr. ton Post today. The FDIC says that the the firm out of the case under a standard GEPHARDT), for Monday, July 31, on ac- Rose Law Firm, for which Hillary that forbids even the ‘‘appearance of impro- count of official business. Rodham Clinton was a partner, was priety,’’ according to the inspector general. Mrs. MEYERS of Kansas (at the re- Hubbell failed to tell FDIC lawyers that faulted by this agency’s inspector gen- quest of Mr. ARMEY), on July 27, 28, and his father-in-law was a Madison consultant 31, on account of illness in the family. eral. and borrower whose loans were among those Mr. Speaker, I submit the following: the government contended Frost & Co. Mrs. THURMAN (at the request of Mr. [From the Washington Post, Aug. 1, 1995] should have flagged for Madison board mem- GEPHARDT), for today, on account of ill- ness in the family. FDIC, ROSE LAW FIRM FAULTED BY AGENCY bers. Rose’s conflicts were so extensive, said the INSPECTOR GENERAL f inspector general, that the firm was even (By Susan Schmidt) representing a company partly owned by the SPECIAL ORDERS GRANTED The inspector general of the Federal De- very auditor who did Madison’s books—put- By unanimous consent, permission to posit Insurance Corp. concluded yesterday ting Rose in position of both suing and rep- that the agency ignored numerous conflicts resenting the same person. address the House, following the legis- of interest in hiring the Rose Law Firm and Rose managing partner Ronald Clarke said lative program and any special orders glossed over its failings in a report last year lawyers there ‘‘disagree with everything in heretofore entered, was granted to: intended to examine whether Rose had been the report. We did not have a conflict of in- (The following Members (at the re- improperly hired. terest in the Madison-Frost litigation.’’ He quest of Mr. FARR) to revise and extend The report issued yesterday took both said the firm hired two independent legal ex- their remarks and include extraneous Rose and FDIC lawyers to task. perts who agreed it did not have conflicts, material:) The inspector general’s investigation was but he said lawyers there believe the inspec- Mr. SKAGGS, for 5 minutes, today. prompted by Republican charges of a ‘‘white- tor general’s findings were inevitable given wash’’ in the FDIC’s earlier inquiry into con- the political interest in the issue in Con- Mr. FRANK of Massachusetts, for 5 flict of interest charges involving the Arkan- gress. minutes, today. sas law firm, where first lady Hillary The House Banking Committee’s hearings Mr. MILLER of California, for 5 min- Rodham Clinton was a partner. next week will focus on Madison and owner utes, today. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8173

Mr. MARTINEZ, for 5 minutes, today. BILLS PRESENTED TO THE mittee on Economic and Educational Oppor- Mr. ENGEL, for 5 minutes, today. PRESIDENT tunities. Mr. MENENDEZ, for 5 minutes, today. 1291. A letter from the Administrator, En- Mr. THOMAS, from the Committee ergy Information Administration, transmit- Ms. FURSE, for 5 minutes, today. on House Oversight, reported that that ting the Department’s report entitled, ‘‘Ura- Mrs. MINK of Hawaii, for 5 minutes, committee did on this day present to nium Purchases Report 1994,’’ pursuant to 42 today. the President, for his approval, a bill of U.S.C. 2296b–5; to the Committee on Com- Mr. FARR, for 5 minutes, today. the House of the following title: merce. Mr. PALLONE, for 5 minutes, today. 1292. A letter from the Secretary of Health H.R. 2017. An act to authorize an increased Mr. MINETA, for 5 minutes, today. and Human Services, transmitting the 1990– Federal share of the costs of certain trans- Ms. KAPTUR, for 5 minutes, today. 94 annual report on the National Health portation projects in the District of Colum- Service Corps [NHSC], the NHSC Scholarship Mrs. SCHROEDER, for 5 minutes, bia for fiscal years 1995, and 1996, and for Program [NHSCSP], and the NHSC Loan Re- today. other purposes. Mrs. CLAYTON, for 5 minutes, today. payment Program [NHSC/LRP], pursuant to f Mr. OBEY, for 5 minutes, today. 42 U.S.C. 254i, 254l(i), 254l–1(i), and 254q(a); to (The following Members (at the re- the Committee on Commerce. ADJOURNMENT 1293. A letter from the Assistant Secretary quest of Mr. DUNCAN) to revise and ex- Mr. BURTON of Indiana. Mr. Speak- for Legislative Affairs, Department of State, tend their remarks and include extra- er, I move that the House do now ad- transmitting the texts of ILO Convention neous material:) journ. No. 175 and recommendation No. 182 concern- Mr. WELLER, for 5 minutes, today. ing part-time work, adopted by the Inter- The motion was agreed to; accord- Mr. NORWOOD, for 5 minutes, today. national Labor Conference at its 81st session, ingly (at 9 o’clock and 23 minutes Mr. DUNCAN, for 5 minutes, today. at Geneva, June 24, 1994; to the Committee p.m.), the House adjourned until to- Mr. GUTKNECHT, for 5 minutes, today. on International Relations. Mr. ENGLISH of Pennsylvania, for 5 morrow, Wednesday, August 2, 1995, at 1294. A letter from the General Counsel, minutes, today. 10 a.m. U.S. Arms Control and Disarmament Agen- f cy, transmitting copies of the English and Mr. KINGSTON, for 5 minutes, today. Russian texts of five implementing agree- Mr. HOKE, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, ments, three negotiated by the Special Ver- Mr. BROWNBACK, for 5 minutes, today. ETC. ification Commission for the INF Treaty, Mr. JONES, for 5 minutes, on August and two negotiated by the Joint Compliance 2. Under clause 2 of rule XXIV, execu- and Inspection Commission [JCIC] for the f tive communications were taken from START Treaty; to the Committee on Inter- the Speaker’s table and referred as fol- national Relations. EXTENSION OF REMARKS lows: 1295. A letter from the Chairman, Council of the District of Columbia, transmitting a 1284. A letter from the Deputy Chief, Pro- By unanimous consent, permission to copy of D.C. Act 11–127, ‘‘Revised Fiscal Year grams and Legislation Division (Office of revise and extend remarks was granted 1996 Budget Request Act,’’ pursuant to D.C. Legislative Liaison), Department of the Air to: Code, section 1–233(c)(1); to the Committee Force, transmitting the Secretary’s deter- (The following Members (at the re- on Government Reform and Oversight. mination that it is in the public interest to 1296. A letter from the Director, Adminis- quest of Mr. FARR) and to include ex- award the evolved expendable launch vehicle trative Office of the United States Courts, traneous matter:) [EELV] low cost concept validation [LCCV] transmitting the actuarial reports on the Ju- Mr. HASTINGS of Florida. module contracts using other than full and dicial Retirement System, the Judicial Offi- Mr. STARK. open competition, pursuant to 10 U.S.C. cers’ Retirement Fund, the Judicial Survi- Mr. LAFALCE. 2304(C)(7); to the Committee on National Se- vors’ Annuities System, and the Court of curity. Mr. LEVIN. Federal Claims Judges’ Retirement System 1285. A letter from the Chief of Legislative Mr. FROST. for the plan year ending September 30, 1994, Affairs, Department of the Navy, transmit- Mr. HAMILTON. pursuant to 31 U.S.C. 9503(a)(1)(B); to the ting notification that the Department in- Mr. BERMAN. Committee on Government Reform and tends to renew lease of one naval vessel to Mr. STUDDS. Oversight. the Government of New Zealand, pursuant to Mr. STOKES. 1297. A letter from the Commissioner, Bu- 10 U.S.C. 7307(b)(2); to the Committee on Na- reau of Reclamation, transmitting a report Mr. BORSKI. tional Security. on the necessity to construct modifications Mr. MOAKLEY. 1286. A letter from the Secretary of Edu- to Twin Buttes Dam, San Angelo Project, Mr. DEUTSCH. cation, transmitting a compilation and anal- TX, in order to preserve its structural safe- Mr. KLECZKA. ysis of reports submitted by States in ac- ty, pursuant to 43 U.S.C. 509; to the Commit- cordance with the Stewart B. McKinney Mr. FAZIO of California. tee on Resources. (The following Members (at the re- Homeless Assistance Act, pursuant to 42 f quest of Mr. DUNCAN) and to include ex- U.S.C. 11434(b)(5); to the Committee on Bank- traneous matter:) ing and Financial Services. 1287. A letter from the Secretary of the REPORTS OF COMMITTEES ON Mr. STUMP. Treasury, transmitting the Department’s PUBLIC BILLS AND RESOLUTIONS Mr. ROGERS. third monthly report to Congress, as re- Mr. FRELINGHUYSEN. Under clause 2 of rule XIII, reports of quired by section 404 of the Mexican Debt committees were delivered to the Clerk Mr. BILBRAY. Disclosure Act of 1995, pursuant to Public Mr. QUILLEN. Law 104–6, section 404(a) (109 Stat. 90); to the for printing and reference to the proper Mr. FORBES in two instances. Committee on Banking and Financial Serv- calendar, as follows: Mr. CLINGER. ices. Mr. GOODLING. Committee on Economic Mr. HANSEN. 1288. A letter from the Secretary of the and Educational Opportunities. H.R. 1225. A Mr. RADANOVICH. Treasury, transmitting the annual audit of bill to amend the Fair Labor Standards Act the Student Loan Marketing Association of 1938 to exempt employees who perform Mr. KIM. [Sallie Mae] for the year ending December certain court reporting duties from the com- f 31, 1994, pursuant to 20 U.S.C. 1087–2(k); to pensatory time requirements applicable to the Committee on Economic and Edu- certain public agencies, and for other pur- ENROLLED BILLS SIGNED cational Opportunities. poses; with an amendment (Rept. 104–219). Mr. THOMAS, from the Committee 1289. A letter from the Secretary of Edu- Referred to the Committee of the Whole on House Oversight, reported that that cation, transmitting final regulations—cen- House on the State of the Union. committee had examined and found ters for independent living—compliance indi- Mr. SPENCE: Committee on National Se- truly enrolled a bill of the House of the cators, pursuant to 20 U.S.C. 1232(d)(1); to the curity. House Joint Resolution 102. Resolu- Committee on Economic and Educational tion disapproving the recommendations of following title, which was thereupon Opportunities. the Defense Base Closure and Realignment signed by the Speaker: 1290. A letter from the Secretary of Edu- Commission; adversely (Rept. 104–220). Re- H.R. 2017. An act to authorize an increased cation, transmitting final regulations— ferred to the Committee of the Whole House Federal share of the costs of certain trans- nonprocurement debarment and suspension, on the State of the Union. portation projects in the District of Colum- student assistance general provisions, and Mr. DIAZ-BALART: Committee on Rules. bia for fiscal years 1995 and 1996, and for Federal Family Education Loan Program, House Resolution 206. Resolution waiving other purposes. pursuant to 20 U.S.C. 1232(d)(1); to the Com- points of order against the conference report H 8174 CONGRESSIONAL RECORD — HOUSE August 1, 1995

to accompany the bill (H.R. 1854) making ap- By Mr. SHUSTER (for himself, Mr. MI- ance Program, to extend Veterans’ Group propriations for the legislative branch for NETA, Mr. COBLE, Mr. TRAFICANT, and Life Insurance coverage to members of the the fiscal year ending September 30, 1996, and Mr. OBERSTAR): Ready Reserve of a uniformed service who for other purposes (Rept. 104–221). Referred H.R. 2149. A bill to reduce regulation, pro- retire with less than 20 years of service, to to the House Calendar. mote efficiencies, and encourage competition permit an insured to convert a Veterans’ Mr. CLINGER: Committee on Government in the international ocean transportation Group Life Insurance policy to an individual Reform and Oversight. H.R. 1670. A bill to re- system of the United States, to eliminate policy of life insurance with a commercial vise and streamline the acquisition laws of the Federal Maritime Commission, and for insurance company at any time, and to per- the Federal Government, to reorganize the other purposes; to the Committee on Trans- mit an insured to convert a Servicemembers’ mechanisms for resolving Federal procure- portation and Infrastructure. Group Life Insurance policy to an individual ment disputes, and for other purposes; with By Mrs. MEYERS of Kansas: policy of life insurance with a commercial an amendment (Rept. 104–222 Pt. 1). Ordered H.R. 2150. A bill to amend the Small Busi- company upon separation from service; to to be printed. ness Act and the Small Business Investment the Committee on Veterans’ Affairs. Mr. LINDER: Committee on Rules. House Act of 1958 to reduce the cost to the Federal H.R. 2157. A bill to amend title 38, United Resolution 207. Resolution providing for the Government of guaranteeing certain loans States Code, to authorize the termination of consideration of the bill (H.R. 1555) to pro- and debentures, and for other purposes; to Servicemen’s Group Life Insurance when pre- mote competition and reduce regulation in the Committee on Small Business. miums are not paid; to the Committee on order to secure lower prices and higher qual- By Mr. ENGLISH of Pennsylvania: Veterans’ Affairs. ity services for American telecommuni- H.R. 2151. A bill to provide for enhanced By Mr. VENTO (for himself, Mr. GON- cations consumers and encourage the rapid penalties for health care fraud, and for other ZALEZ, Mr. FRANK of Massachusetts, deployment of new telecommunications purposes; to the Committee on Commerce, Mr. KENNEDY of Massachusetts, Mr. technologies (Rept. 104–223). Referred to the and in addition to the Committees on Ways MFUME, Mrs. MALONEY, Mr. BARRETT House Calendar. and Means, the Judiciary, and Government of Wisconsin, Mr. HINCHEY, and Mr. Reform and Oversight, for a period to be sub- Mr. SOLOMON: Committee on Rules. BENTSEN): sequently determined by the Speaker, in House Resolution 208. Resolution providing H.R. 2158. A bill to streamline the regu- each case for consideration of such provi- for consideration of the bill (H.R. 2127) mak- latory treatment of financial institutions, sions as fall within the jurisdiction of the ing appropriations for the Departments of and for other purposes; to the Committee on committee concerned. Labor, Health and Human Services, and Edu- Banking and Financial Services. By Mr. ENGLISH of Pennsylvania (for cation, and related agencies, for the fiscal himself, Mr. MCHALE, Mr. CLINGER, f year ending September 30, 1996, and for other Mr. WELDON of Pennsylvania, and Mr. purposes (Rept. 104–224). Referred to the ADDITIONAL SPONSORS STEARNS): House Calendar. H.R. 2152. A bill to establish the Independ- Under clause 4 of rule XXII, sponsors f ent Commission on Medicare to make rec- were added to public bills and resolu- ommendations on how to best match the tions as follows: TIME LIMITATION OF REFERRED structure of the Medicare Program with the BILL funding made available for the program by H.R. 390: Mr. DIXON, Mr. GENE GREEN of Congress, to provide for expedited consider- Texas, and Mr. LATHAM. Pursuant to clause 5 of rule X the fol- ation in Congress of the Commission’s rec- H.R. 394: Mr. SANDERS, Mr. LEACH, Mr. lowing action was taken by the Speak- ommendations, and to establish a default ORTIZ, Mr. FAZIO of California, and Mr. er: process for meeting congressional spending QUINN. H.R. 427: Mr. ZELIFF and Mr. GUNDERSON. H.R. 1670. Referral to the Committees on targets for the Medicare Program if Congress H.R. 436: Mr. GOODLATTE, Mr. KLUG, Mr. National Security and the Judiciary ex- rejects the Commission’s recommendations; BILBRAY, Mr. PARKER, and Mr. CONDIT. tended for a period ending not later than Au- to the Committee on Ways and Means, and in H.R. 534: Mr. DELLUMS, Mrs. WALDHOLTZ, gust 2, 1995. addition to the Committees on Commerce, Rules, and the Budget, for a period to be sub- Mr. SCHAEFER, Mr. DICKEY, Mr. JOHNSON of f sequently determined by the Speaker, in South Dakota, Mr. HOLDEN, Mr. POMEROY, Mr. PAYNE of Virginia, and Mr. PUBLIC BILLS AND RESOLUTIONS each case for consideration of such provi- sions as fall within the jurisdiction of the ROHRABACHER. Under clause 5 of rule X and clause 4 committee concerned. H.R. 580: Mr. GILCHREST. of rule XXII, public bills and resolu- By Mr. LIPINSKI: H.R. 700: Mr. FRANKS of Connecticut. H.R. 752: Mr. REGULA, Mrs. SCHROEDER, Mr. tions were introduced and severally re- H.R. 2153. A bill to amend title 49, United POMBO, Mr. CASTLE, Mr. PETRI, Mr. BARRETT ferred as follows: States Code, to require the Secretary of Transportation to issue regulations and en- of Nebraska, Mr. BONO, Mr. EMERSON, Mr. By Mr. WAMP (for himself, Mr. DUN- courage the States to adopt and implement GRAHAM, Mr. ROSE, Mr. TOWNS, Mr. HEFNER, CAN, Mr. HILLEARY, Mr. laws prohibiting the operation of certain un- Ms. ROS-LEHTINEN, Mr. BEVILL, Mr. SCOTT, SCARBOROUGH, Mr. RIGGS, Mr. FOLEY, covered commercial motor vehicles on high- Mr. TORRICELLI, and Mr. RIGGS. Mr. KINGSTON, Mr. DAVIS, Mr. ways; to the Committee on Transportation H.R. 795: Mrs. THURMAN, Mr. SMITH of New LARGENT, Mr. BASS, Mr. GUTKNECHT, and Infrastructure. Jersey, and Mr. HOKE. Mr. WELDON of Florida, Mr. WICKER, By Mr. LIPINSKI (for himself and Mr. H.R. 842: Mr. HAMILTON, Mr. BUYER, Mr. Mr. SANFORD, Mr. BUYER, Mr. BLUTE, POSHARD): JOHNSON of South Dakota, Mr. DEUTSCH, Mr. Mr. LATOURETTE, Mr. KLUG, Mr. H.R. 2154. A bill to privatize environmental SCOTT, Mr. MCHALE, Mr. CRANE, Mr. ENGEL, SOUDER, Mr. TATE, Mr. FOX, Mr. testing analysis, and for other purposes; to and Ms. WOOLSEY. COBURN, Mr. ENSIGN, Mr. TRAFICANT, the Committee on Commerce, and in addi- H.R. 863: Mr. STUDDS. Mr. ISTOOK, Mr. RADANOVICH, Mr. tion to the Committees on Transportation H.R. 969: Mrs. SCHROEDER, Mr. LANTOS, and ZIMMER, Mr. DEAL of Georgia, Mr. and Infrastructure, and Resources, for a pe- Mr. MORAN. GRAHAM, Mr. STOCKMAN, Mr. UPTON, riod to be subsequently determined by the H.R. 1023: Mr. BOEHLERT. Mr. MILLER of Florida, Mr. DICKEY, Speaker, in each case for consideration of H.R. 1127: Mr. EVANS, Ms. MCKINNEY, Mr. Mr. CHRYSLER, Mr. EWING, Mr. such provisions as fall within the jurisdic- CANADY, Mr. LAUGHLIN, Mr. FIELDS of Texas. ROHRABACHER, Mr. MCINTOSH, Mr. tion of the committee concerned. H.R. 1162: Mr. LAHOOD, Mr. SCARBOROUGH, BALLENGER, Mr. SCHIFF, Mr. By Mr. STUMP (for himself and Mr. Mr. BARTLETT of Maryland, Mr. LOBIONDO, HEINEMAN, Mr. BURR, Mr. GALLEGLY, MONTGOMERY) (both by request): Mr. HOKE, and Mr. METCALF. Mr. OXLEY, Mr. GREENWOOD, Mr. DOO- H.R. 2155. A bill to amend title 38, United H.R. 1172: Mr. BENTSEN. LITTLE, Mrs. WALDHOLTZ, Mr. States Code, to restrict payment, in the case H.R. 1385: Mr. PASTOR. MCCRERY, Mr. PARKER, Mr. HUTCHIN- of incarcerated veterans, of the clothing al- H.R. 1406: Mr. GINGRICH. SON, Mr. CONDIT, Mr. SAXTON, Mr. lowance otherwise payable to certain dis- H.R. 1512: Mr. GOODLATTE, Mr. BACHUS, and MCKEON, Ms. DUNN of Washington, abled veterans and to create for pension pur- Mr. PAXON. Mr. JACOBS, Mr. BAKER of Louisiana, poses a presumption of permanent and total H.R. 1619: Mr. CANADY. Mr. WHITE, Mr. BARTLETT of Mary- disability for veterans over age 65 who are H.R. 1748: Mr. SMITH of Michigan. land, Mr. HORN, Mr. BILBRAY, and Mr. patients in a nursing home; to the Commit- H.R. 1930: Mr. FOX, Mrs. KELLY, Ms. PRYCE, THORNBERRY): tee on Veterans’ Affairs. Mr. FROST, and Mrs. MEEK of Florida. H.R. 2148. A bill to reduce the influence of H.R. 2156. A bill to amend title 38, United H.R. 2011: Mrs. CLAYTON and Mr. YATES. political action committees in elections for States Code, to change the name of the Serv- H.R. 2078: Mr. JOHNSTON of Florida. Federal office and to require that more than icemen’s Group Life Insurance Program to H.R. 2086: Mr. DAVIS. half of the contributions to a House of Rep- Servicemembers’ Group Life Insurance, to H. Con. Res. 42: Ms. LOFGREN. resentatives candidate be from in-State indi- merge the Retired Reservists’ H. Res. 30: Mr. HOBSON and Mr. HILLIARD. vidual residents, and for other purposes; to Servicemembers’ Group Life Insurance Pro- H. Res. 134: Mr. POSHARD, Mr. LOBIONDO, the Committee on House Oversight. gram into the Veterans’ Group Life Insur- Mr. GOSS, Mr. MEEHAN, Mr. ZIMMER, Mr. August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8175

RIGGS, Mrs. SEASTRAND, and Mr. INGLIS of located outside the United States, any cost H.R. 2127 South incurred by the United States in connection OFFERED BY: MR. BALLENGER with such procedure will be reimbursed from f AMENDMENT NO. 81: Page 22, insert after private funds.’’ line 6 the following: PETITIONS, ETC. H.R. 2126 SEC. 109. No funds appropriated under this Under clause 1 of rule XXII, petitions OFFERED BY: MR. EDWARDS Act may be expended by the Occupational Safety and Health Review Commission until and papers were laid on the Clerk’s AMENDMENT NO. 49: Page 28, after line 16, such Commission shall enter of record and desk and referred as follows: insert the following caption: issue to the public and the parties as official 32. By the SPEAKER: Petition of the (INCLUDING TRANSFER OF FUNDS) actions and final orders of the Commission Lower Township Council, NJ, relative to the Page 28, line 24, after the dollar amount, the decisions in Arcadian Corp., OSHRC township’s opposition to solid waste flow insert the following: ‘‘(reduced by Docket No. 93–1270, and Hartford Roofing Co., control; to the Committee on Commerce. $17,300,000)’’. OSHRC Docket No. 92–3855, or until such 33. Also, petition of the council of the city Page 29, after line 3, insert the following: Commission shall provide a report to its au- and county of Honolulu, HI, relative to urg- Of the amount provided under this head- thorizing committees and the respective ap- ing congressional support and passage of the ing, $23,000,000 shall be transferred to and propriations committees of the House of Filipino Veterans Equity Act of 1995; to the merged with the appropriation in this Act Representatives and the Senate stating Committee on Veterans’ Affairs. for ‘‘Operation and Maintenance, Defense- whether the sitting members of the Commis- f Wide’’. sion as of April 27, 1995, voted as to the mer- H.R. 2126 its of such cases, and whether 2 then sitting AMENDMENTS members of the Commission voted affirma- OFFERED BY: MR. EDWARDS Under clause 6 or rule XXIII, pro- tively as to the merits. posed amendments were submitted as AMENDMENT NO. 50: Page 94, after line 3, in- H.R. 2127 sert the following new section: follows: OFFERED BY: MR. CUNNINGHAM ‘‘SEC. 8107. The amounts otherwise pro- H.R. 1555 vided by this Act are revised by reducing the AMENDMENT NO. 82: Page 88, after line 7, in- OFFERED BY: MR. UNDERWOOD amount made available for ‘‘Research, De- sert the following: AMENDMENT NO. 6: Page 77, line 9, strike velopment, Test and Evaluation, Defense- TITLE VII—OTHER PROGRAMS the close quotation marks and following pe- Wide’’, and increasing the amount made WORKING PROGRAMS riod and after such line insert the following available for ‘‘Operation and Maintenance, (INCLUDING TRANSFER OF FUNDS) new section (and conform the table of con- Defense-Wide’’, by $40,300,000 and $23,000,000, In addition to amounts otherwise provided tents accordingly): respectively.’’ in this Act, for carrying out title VIII of the ‘‘SEC. 275. EQUAL ACCESS AND RATE INTEGRA- H.R. 2126 Elementary and Secondary Education Act of TION FOR GUAM. OFFERED BY: MR. KENNEDY OF 1965 (20 U.S.C. 7701 et seq.); title VI of the El- ‘‘Upon implementation of equal access, MASSACHUSETTS ementary and Secondary Education Act of Guam shall be considered a part of the do- 1965 (20 U.S.C. 7301 et seq.); for title II of the mestic United States rate plan, and all calls AMENDMENT NO. 51: Page 28, line 11, after Carl D. Perkins Vocational and Applied between the Guam and all other United the dollar amount, insert the following: ‘‘(re- Technology Education Act (20 U.S.C. 2331 et States points shall be considered domestic duced by $2,338,718,000)’’. seq.); for the National Institute for Literacy calls. Rates charged by providers of inter- H.R. 2126 under section 384 of the Adult Education Act state, interexchange telecommunications OFFERED BY: MR. SANDERS (20 U.S.C. 1213c), respectively, $49,580,000, services for calls between Guam and all AMENDMENT NO. 52: Page 94, after line 3, in- $40,000,000, $80,450,000, and $4,870,000, to be de- other domestic points shall be based upon sert the following new section: rived from amounts under the head ‘‘NA- domestic, rate-integrated principles.’’. ‘‘SEC. 8107. None of the funds made avail- TIONAL INSTITUTES OF HEALTH’’ by reducing H.R. 1555 able in title III may be used for the procure- each amount under such head by 1.465 per- OFFERED BY: MR. UNDERWOOD ment of any article produced or manufac- cent. AMENDMENT NO. 7: Page 77, line 9, strike tured outside of the United States, except Page 42, beginning on line 13, strike the the close quotation marks and following pe- pursuant to a contract in effect before the colon and all that follows through ‘‘8003(e)’’ riod and after such line insert the following date of the enactment of this Act.’’ on line 22. new section (and conform the table of con- H.R. 2126 H.R. 2127 tents accordingly): OFFERED BY: MR. SANDERS OFFERED BY: MR. CUNNINGHAM ‘‘SEC. 275. EQUAL ACCESS AND RATE INTEGRA- AMENDMENT NO. 83: Page 88, after line 7, in- AMENDMENT NO. 53: Page 94, after line 3, in- TION FOR GUAM. sert the following: ‘‘Upon implementation of equal access, sert the following new section: Guam, the Commonwealth of the Northern SEC. 8107. None of the funds made available TITLE VII—OTHER PROGRAMS Marianas, and American Samoa shall be con- in title III may be used for the procurement SUCCESSFUL PROGRAMS sidered a part of the domestic United States of any article when it is made known to the (INCLUDING TRANSFER OF FUNDS) rate plan, and all calls between the Guam, Federal official having authority to obligate In addition to amounts otherwise provided the Commonwealth of the Northern Mari- or expend such funds that— in this Act, for carrying out title VIII of the anas, or American Samoa and all other Unit- (1) the article is produced or manufactured Elementary and Secondary Education Act of ed States points shall be considered domestic outside of the United States; and 1965 (20 U.S.C. 7701 et seq.); title VI of the El- calls. Rates charged by providers of inter- (2) the procurement is not pursuant to a ementary and Secondary Education Act of state, interexchange telecommunications contract in effect before the date of the en- 1965 (20 U.S.C. 7301 et seq.); for title II of the services for calls between Guam, the Com- actment of this Act. Carl D. Perkins Vocational and Applied monwealth of the Northern Marianas, or H.R. 2126 Technology Education Act (20 U.S.C. 2331 et American Samoa and all other domestic OFFERED BY: MR. UNDERWOOD seq.); for the National Institute for Literacy points shall be based upon domestic, rate-in- AMENDMENT NO. 54: Page 94, after line 3, in- under section 384 of the Adult Education Act tegrated principles.’’. sert before the short title the following: (20 U.S.C. 1213c), respectively, $46,000,000, H.R. 2126 SEC. 8107. None of the funds made available $40,000,000, $69,130,000, and $4,870,000, to be de- OFFERED BY: MS. DELAURO in this Act may be used by the Under Sec- rived from amounts under the head ‘‘NA- (Amendment to the Amendment Offered by Mr. retary of Defense (Comptroller) or the Direc- TIONAL INSTITUTES OF HEALTH’’ by reducing Dornan) tor of the Defense Finance and Accounting each amount under such head by 1.34 per- cent. AMENDMENT NO. 48: Page 94, after line 3, in- Service for fingerprinting, photographing, and questioning a military retiree in any Page 42, beginning on line 13, strike the sert the following new section: colon and all that follows through ‘‘8003(e)’’ ‘‘SEC. 8107. None of the funds made avail- State or Territory of the United States for on line 22. able in this Act may be used to administer purposes of investigating irregularities with any policy that permits the performance of respect to that retiree’s receipt of military H.R. 2127 abortions at medical treatment or other fa- retirement benefits except when it is made OFFERED BY: MR. CUNNINGHAM cilities of the Department of Defense, except known to the Federal official to whom the AMENDMENT NO. 84: Page 88, after line 7, in- when it is made known to the Federal offi- funds are made available that, based on an sert the following: cial having authority to obligate or expend examination of the financial records of that TITLE VII—OTHER PROGRAMS such funds that— military retiree (and a comparison of those ‘‘(1) the life of the mother would be endan- financial records with other relevant data), SUCCESSFUL PROGRAMS gered if the fetus were carried to term; or probable cause exists to fingerprint, photo- (INCLUDING TRANSFER OF FUNDS) ‘‘(2) in the case of a medical treatment or graph, and question the military retiree to In addition to amounts otherwise provided other facility of the Department of Defense investigate such irregularities. in this Act, for carrying out title VIII of the H 8176 CONGRESSIONAL RECORD — HOUSE August 1, 1995 Elementary and Secondary Education Act of H.R. 2127 On page 58 line 6, strike $123,233,000 and in- 1965 (20 U.S.C. 7701 et seq.); title VI of the El- OFFERED BY: MR. MCINTOSH sert $170,733,000. ementary and Secondary Education Act of On page 32 line 8, after the word ‘‘ex- AMENDMENT NO. 93: Page 41, after line 8, in- 1965 (20 U.S.C. 7301 et seq.); for title II of the sert the following new section: pended’’ insert: Carl D. Perkins Vocational and Applied SEC. 210. Of the amount otherwise provided ‘‘: Provided, that none of the funds in this Technology Education Act (20 U.S.C. 2331 et by this title for ‘‘Health Care Financing Ad- Act may be used to reimburse any State for seq.); for the National Institute for Literacy ministration—Program Management’’, expenditures incurred under title XIX of the under section 384 of the Adult Education Act $200,000 shall be available only for compensa- Social Security Act based on a Federal (20 U.S.C. 1213c), respectively, $46,000,000, tion to Henry County Memorial Hospital, in matching rate under section 1905(b) or any $40,000,000, $39,310,000, and $4,870,000, to be de- New Castle, Indiana. related provision in excess of 69 percentum’’. rived from amounts under the head ‘‘NA- H.R. 2127 H.R. 2127 TIONAL INSTITUTES OF HEALTH’’ by reducing each amount under such head by 1.0888 per- OFFERED BY: MR. MENENDEZ OFFERED BY: MS. PELOSI cent. AMENDMENT NO. 94: At the end of the bill, AMENDMENT NO. 99: On page 7 line 18, strike Page 42, beginning on line 13, strike the insert after the last section (preceding the $64,113,000 and insert $68,613,000. colon and all that follows through ‘‘8003(e)’’ short title) the following new section: H.R. 2127 on line 22. SEC. . NONE OF THE FUNDS MADE AVAILABLE OFFERED BY: MS. PELOSI H.R. 2127 BY THIS OR ANY OTHER ACT MAY BE USED TO PAY THE SALARY OF ANY GOVERNMENT OFFI- AMENDMENT NO. 100: On page 8 line 19, OFFERED BY: MS. DANNER CIAL (AS DEFINED IN SECTION 4946(C) OF THE IN- strike $246,967,000 and insert $268,967,000. AMENDMENT NO. 85: Page 41, insert after TERNAL REVENUE CODE OF 1986) WHEN IT IS H.R. 2127 line 8 the following new section: MADE KNOWN TO THE FEDERAL OFFICIAL HAV- OFFERED BY: MS. PELOSI EC S . 210. The amounts otherwise provided ING AUTHORITY TO OBLIGATE OR EXPEND SUCH AMENDMENT NO. 101: On page 12 line 17, by this Act are revised by reducing the FUNDS THAT THERE HAS BEEN AN ACT OF SELF- FFICE OF strike $263,985,000 and insert $307,985,000. amount made available for the ‘‘O DEALING (AS DEFINED SECTION 4941(D) OF SUCH THE ECRETARY GENERAL DEPART H.R. 2127 S ’’ for ‘‘ - CODE, DETERMINED BY TREATING SUCH OFFI- MENTAL MANAGEMENT ’’ which is not trans- CIALS AS DISQUALIFIED PERSONS) BETWEEN OFFERED BY: MS. PELOSI ferred from trust funds, and increasing the SUCH OFFICIAL AND ANY ORGANIZATION DE- AMENDMENT NO. 102: On page 12 line 18, amount made available for the ‘‘OFFICE OF SCRIBED IN PARAGRAPH (3) OR (4) OF SECTION strike $65,319,000 and insert $70,000,000. THE ECRETARY OFFICE OF THE IN S ’’ for the ‘‘ - 501(C) OF THE INTERNAL REVENUE CODE OF 1986 SPECTOR GENERAL H.R. 2127 ’’ which is not transferred AND EXEMPT FROM TAX UNDER SECTION 501(A) OFFERED BY: MS. PELOSI from trust funds, by $5,981,000. OF SUCH CODE. H.R. 2127 H.R. 2127 AMENDMENT NO. 103: On page 15 line 6, strike $185,154,000 and insert $199,154,000. OFFERED BY: MR. ENGEL OFFERED BY: MR. MORAN H.R. 2127 AMENDMENT NO. 86: Page 55, line 25, strike AMENDMENT NO. 95: Page 30, line 13, insert ‘‘$240,000,000’’ and insert ‘‘$260,000,000’’. before the period the following: ‘‘: Provided OFFERED BY: MS. PELOSI H.R. 2127 further, That of the funds made available AMENDMENT NO. 104: On page 25 line 5, OFFERED BY: MR. GOODLING under this heading, $7,500,000 shall be avail- strike $2,085,831,000 and insert $2,115,831,000. able for carrying out the activities of the Of- AMENDMENT NO. 87: Page 75, after line 24, H.R. 2127 fice of Alternative Medicine under section insert the following new section. OFFERED BY: MS. PELOSI 404E of the Public Health Service Act’’. NATIONAL INSTITUTE FOR LITERACY AMENDMENT NO. 105: On page 58 line 6, H.R. 2127 (INCLUDING TRANSFER OF FUNDS) strike $123,233,000 and insert $170,733,000. OFFERED BY: MS. PELOSI ‘‘SEC. 514. For expenses to carry out the H.R. 2127 AMENDMENT NO. 96: On page 2 line 15, strike literacy program of the National Institute OFFERED BY: MR. PETRI $3,180,441,000 and insert $3,412,441,000 on page for Literacy under section 384 of the Adult 2 line 16, strike $2,936,154,000 and insert AMENDMENT NO. 106: Page 51, line 12, strike Education Act (20 U.S.C. 1213c), to be derived $3,168,154,000. ‘‘, of which’’ and all that follows through from amounts provided in this Act for ‘‘Edu- ‘‘1996’’ on line 25. cation, Research, Statistics, and Improve- H.R. 2127 Page 52, line 2, strike ‘‘(1)’’. ment’’, $4,869,000.’’ OFFERED BY: MS. PELOSI Page 52, line 5, strike ‘‘, or (2)’’ and all that H.R. 2127 AMENDMENT NO. 97: On page 2 line 15, strike follows through ‘‘(IPAs)’’ on line 18. OFFERED BY: MR. GUTIERREZ $3,180,441,000 and insert $3,412,441,000. H.R. 2127 On page 2 line 16, strike $2,936,154,000 and AMENDMENT NO. 88: Page 35, strike lines 11 OFFERED BY: MR. RIGGS insert $3,168,154,000. through 15. On page 7 line 18, strike $64,113,000 and in- AMENDMENT NO. 107: Page 88, after line 7, H.R. 2127 sert $68,613,000. insert the following: OFFERED BY: MR. GUTIERREZ On page 8 line 19, strike $246,967,000 and in- TITLE VII—OTHER PROGRAMS AMENDMENT NO. 89: Page 35, line 15, strike sert $268,967,000. WORKING PROGRAMS On page 12 line 17, strike $263,985,000 and ‘‘$1,000,000,000’’ and insert in lieu thereof (INCLUDING TRANSFER OF FUNDS) insert $307,985,000. ‘‘$750,000,000’’. In addition to amounts otherwise provided Page 42, line 7, strike ‘‘$645,000,000, of On page 12 line 18, strike $65,319,000 and in- sert $70,000,000. in this Act, for carrying out title VI of the which $550,000,000’’ and insert in lieu thereof Elementary and Secondary Education Act of ‘‘$395,000,000, of which $300,000,000’’. On page 15 line 6, strike $185,154,000 and in- sert $199,154,000. 1965 (20 U.S.C. 7301 et seq.); for title II of the H.R. 2127 On page 25 line 5, strike $2,085,831,000 and Carl D. Perkins Vocational and Applied OFFERED BY: MR. KENNEDY OF insert $2,115,831,000. Technology Education Act (20 U.S.C. 2331 et MASSACHUSETTS On page 58 line 6, strike $123,233,000 and in- seq.); for the National Institute for Literacy AMENDMENT NO. 90: Page 18, strike lines 17 sert $170,733,000. under section 384 of the Adult Education Act through 24. H.R. 2127 (20 U.S.C. 1213c); for the National Education Goals Panel under Title II of the Goals 2000: H.R. 2127 OFFERED BY: MS. PELOSI Educate America Act (20 U.S.C. 5801), respec- OFFERED BY: MR. LAZIO AMENDMENT NO. 98: On page 2 line 15, strike tively, $83,532,000, $83,532,000, $4,870,000 and AMENDMENT NO. 91: Page 38, line 6, after $3,180,441,000 and insert $3,412,441,000. $3,000,000 to be derived from amounts under the dollar amount, insert the following: ‘‘(re- On page 2 line 16, strike $2,936,154,000 and the head ‘‘National Institutes of Health’’ by duced by $15,000,000)’’. insert $3,168,154,000. reducing each amount under such head by Page 55, line 19, after the dollar amount, On page 7 line 18, strike $64,113,000 and in- 1.465 percent. insert the following: ‘‘(increased by sert $68,613,000. H.R. 2127 $15,000,000 for the National Senior Volunteer On page 8 line 19, strike $246,967,000 and in- OFFERED BY: MR. RIGGS Corps)’’. sert $268,967,000. On page 12 line 17, strike $263,985,000 and AMENDMENT NO. 108: Page 88, after line 7, H.R. 2127 insert $307,985,000. insert the following: OFFERED BY: MR. MCINTOSH On page 12 line 18, strike $65,319,000 and in- TITLE VII—OTHER PROGRAMS AMENDMENT NO. 92: Page 33, line 12, after sert $70,000,000. WORKING PROGRAMS the dollar amount, insert the following: ‘‘(re- On page 15 line 6, strike $185,154,000 and in- duced by $200,000)’’. sert $199,154,000. (INCLUDING TRANSFER OF FUNDS) Page 33, line 15, after the dollar amount, On page 25 line 5, strike $2,085,831,000 and In addition to amounts otherwise provided insert the following: ‘‘(reduced by $200,000)’’. insert $2,115,831,000. in this Act, for carrying out title VIII of the August 1, 1995 CONGRESSIONAL RECORD — HOUSE H 8177 Elementary and Secondary Education Act of H.R. 2127 H.R. 2127 1965 (20 U.S.C. 7701 et seq.); title VI of the El- OFFERED BY: MR. RIGGS OFFERED BY: MR. RIGGS ementary and Secondary Education Act of AMENDMENT NO. 111: Page 88, after line 7, 1965 (20 U.S.C. 7301 et seq.); for title II of the insert the following: AMENDMENT NO. 114: Page 88, after line 7, insert the following: Carl D. Perkins Vocational and Applied TITLE VII—OTHER PROGRAMS Technology Education Act (20 U.S.C. 2331 et TITLE VII—OTHER PROGRAMS seq.); for the National Institute for Literacy WORKING PROGRAMS under section 384 of the Adult Education Act (INCLUDING TRANSFER OF FUNDS) WORKING PROGRAMS In addition to amounts otherwise provided (20 U.S.C. 1213c); for the National Education (INCLUDING TRANSFER OF FUNDS) Goals Panel under Title II of the Goals 2000: in this Act, for carrying out title VII of the Educate America Act (20 U.S.C. 5801), respec- Elementary and Secondary Education Act of In addition to amounts otherwise provided tively, $49,580,000, $38,500,000, $78,950,000, 1965 (20 U.S.C. 7301 et seq.); for title II of the in this Act, for carrying out; title VI of the $4,870,000 and $3,000,000 to be derived from Carl D. Perkins Vocational and Applied Elementary and Secondary Education Act of amounts under the head ‘‘National Institutes Technology Education Act (20 U.S.C. 2331 et 1965 (20 U.S.C. 7301 et seq.); for title II of the of Health’’ by reducing each amount under seq.); for the National Institute for Literacy Carl D. Perkins Vocational and Applied such head by 1.465 percent. under section 384 of the Adult Education Act Technology Education Act (20 U.S.C. 2331 et Page 42, beginning on line 13, strike ‘‘That (20 U.S.C. 1213c); for the National Education seq.); for the National Institute for Literacy notwithstanding’’ and all that follows Goals Panel under Title II of Goals 2000: Edu- under section 384 of the Adult Education Act through the comma on line 20. cate America Act (20 U.S.C 5801), respec- (20 U.S.C. 1213c), respectively, $85,032,000, H.R. 2127 tively, $83,532,000, $83,532,000, $4,870,000, and $85,032,000, and $4,870,000, to be derived from $3,000,000, to be derived from amounts under amounts under the head ‘‘NATIONAL INSTI- OFFERED BY: MR. RIGGS the head ‘‘NATIONAL INSTITUTES OF HEALTH’’ TUTES OF HEALTH’’ by reducing each amount AMENDMENT NO. 109: Page 88, after line 7, by reducing each amount under such head by under such head by 1.465 percent. insert the following: 1.46524 percent. H.R. 2127 TITLE VII—OTHER PROGRAMS H.R. 2127 WORKING PROGRAMS OFFERED BY: MR. RIGGS OFFERED BY: MR. RIGGS (INCLUDING TRANSFER OF FUNDS) AMENDMENT NO. 112: Page 88, after line 7, AMENDMENT NO. 115: Page 88, after line 7, In addition to amounts otherwise provided insert the following: insert the following: in this Act, for carrying out title VIII of the TITLE VII—OTHER PROGRAMS TITLE VII—OTHER PROGRAMS Elementary and Secondary Education Act of WORKING PROGRAMS 1965 (20 U.S.C. 7701 et seq): title VI of the Ele- WORKING PROGRAMS (INCLUDING TRANSFER OF FUNDS) mentary and Secondary Education Act of (INCLUDING TRANSFER OF FUNDS) 1965 (20 U.S.C. 7301 et seq.); for title II of the In addition to amounts otherwise provided Carl D. Perkins Vocational and Applied in this Act, for carrying out title VIII of the In addition to amounts otherwise provided Technology Education Act (20 U.S.C. 2331 et Elementary and Secondary Education Act of in this Act, for carrying out; title VI of the seq.); for the National Institute for Literacy 1965 (20 U.S.C. 7701 et seq.); title VI of the El- Elementary and Secondary Education Act of under section 384 of the Adult Education Act ementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.); for title II of the (20 U.S.C. 1213c); for the National Education 1965 (20 U.S.C. 7301 et seq.); for title II of the Carl D. Perkins Vocational and Applied Goals Panel under Title II of the Goals 2000: Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2331 et Technology Education Act (20 U.S.C. 2331 et Educate America Act (20 U.S.C. 5801), respec- seq.); for the National Institute for Literacy seq.); for the National Institute for Literacy tively, $49,580,000, $38,500,000, $78,950,000, under section 384 of the Adult Education Act under section 384 of the Adult Education Act $4,870,000 and $3,000,000 to be derived from (20 U.S.C. 1213c), respectively, $85,032,000, (20 U.S.C. 1213c), respectively, $49,580,000, amounts under the head ‘‘National Institutes $85,032,000, and $4,870,000, to be derived from $40,000,000, $80,450,000, and $4,870,000, to be de- of Health’’ by reducing each amount under amounts under the head ‘‘NATIONAL INSTI- rived from amounts under the head ‘‘NA- such head by 1.465 percent. TUTES OF HEALTH’’ by reducing each amount TIONAL INSTITUTES OF HEALTH’’ by reducing Page 42, beginning on line 13, strike the under such head by 1.46524 percent. each amount under such head by 1.465 per- colon and all that follows through ‘‘8003(e)’’ cent. H.R. 2127 on line 22. Page 42, beginning on line 13, strike the OFFERED BY: MR. SOLOMON H.R. 2127 colon and all that follows through ‘‘8003(e)’’ OFFERED BY: MR. RIGGS on line 22. AMENDMENT NO. 116: Page 88, after line 7, AMENDMENT NO. 110: Page 88, after line 7, H.R. 2127 insert the following new title: insert the following: OFFERED BY: MR. RIGGS TITLE VII—ADDITIONAL GENERAL TITLE VII—OTHER PROGRAMS AMENDMENT NO. 113: Page 88, after line 7, PROVISIONS WORKING PROGRAMS insert the following: SEC. 701. None of the funds appropriated in (INCLUDING TRANSFER OF FUNDS) TITLE VII—OTHER PROGRAMS this Act may be made available to any insti- In addition to amounts otherwise provided WORKING PROGRAMS tution of higher education when it is made in this Act, for carrying out title VIII of the (INCLUDING TRANSFER OF FUNDS) known to the Federal official having author- Elementary and Secondary Education Act of In addition to amounts otherwise provided ity to obligate or expend such funds that— 1965 (20 U.S.C. 7701 et seq): title VI of the Ele- in this Act, for carrying out title VIII of the (1) any amount, derived from compulsory mentary and Secondary Education Act of Elementary and Secondary Education Act of fees (such as mandatory nonrefundable fees, 1965 (20 U.S.C. 7301 et seq.); for title II of the 1965 (20 U.S.C. 7701 et seq.); title VI of the El- mandatory/waivable refundable fees, and Carl D. Perkins Vocational and Applied ementary and Secondary Education Act of negative checkoffs), compulsory student ac- Technology Education Act (20 U.S.C. 2331 et 1965 (20 U.S.C. 7301 et seq.); for title II of the tivity fees, or other compulsory charges to seq.); for the National Institute for Literacy Carl D. Perkins Vocational and Applied students, is used for the support of any orga- under section 384 of the Adult Education Act Technology Education Act (20 U.S.C. 2331 et nization or group that is engaged in lobbying (20 U.S.C. 1213c); for the National Education seq.); for the National Institute for Literacy or seeking to influence public policy or polit- Goals Panel under Title II of the Goals 2000: under section 384 of the Adult Education Act ical campaigns; and Educate America Act (20 U.S.C. 5801), respec- (20 U.S.C. 1213c), respectively, $49,580,000, (2) such support is other than— tively, $49,580,000, $38,500,000, $78,950,000, $40,000,000, $80,450,000, and $4,870,000, to be be $4,870,000 and $3,000,000 to be derived from derived from amounts under the head ‘‘NA- (A) the direct or indirect support of the amounts under the head ‘‘National Institutes TIONAL INSTITUTES OF HEALTH’’ by reducing recognized student government, official stu- of Health’’ by reducing each amount under each amount under such head by 1.465 per- dent newspaper, officials and full-time fac- such head by 1.465 percent. cent. ulty, or trade associations, of an institution Page 42, beginning on line 13, strike the Page 42, beginning on line 13, strike ‘‘That of higher education; or colon and all that follows through ‘‘8003(e)’’ notwithstanding’’ and all that follows (B) the indirect support of any voluntary on line 22. through the comma on line 20. student organization at such institution. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, AUGUST 1, 1995 No. 126 Senate (Legislative day of Monday, July 10, 1995)

The Senate met at 9:30 a.m., on the SCHEDULE These are programs that have benefit, expiration of the recess, and was called Mr. STEVENS. Mr. President, this by and large, for every man, woman, to order by the President pro tempore morning there will be a period for and child in this country; indeed, for [Mr. THURMOND]. morning business until the hour of 10 people all over the globe. a.m. At 10 a.m., the Senate will imme- I note with pleasure that just re- PRAYER diately begin a rollcall vote on the mo- cently, the House passed their appro- The Chaplain, Dr. Lloyd John tion to invoke cloture on the State De- priations bill regarding NASA’s space Ogilvie, offered the following prayer: partment reorganization bill. The Sen- station by a vote of 299 in favor and 126 Let us pray: ate will recess between the hours of against. That is well over a 2-to-1 mar- gin. I hope we can match that in the Gracious Father, whose presence and 12:30 p.m. and 2:15 p.m. for the weekly Senate. power is revealed to the heart that policy conferences. If cloture is not in- longs for Your guidance, to the mind voked in the morning, a second cloture But every year in the Senate, when that humbly seeks Your truth, and to vote will begin at 2:15 p.m. imme- the time comes to consider the NASA those who are united in oneness to diately following the recess. If cloture budget, there are those doubters, there serve You in a great cause, we ask that is not obtained, the majority leader are those people who want to cut it. I this time of prayer be an authentic ex- has indicated the Senate may resume do not want to see excess money going perience of communion with You that consideration of the energy and water into NASA either, but I also think we issues into an inspiring conversation appropriations bill or begin consider- need to step back once in a while and with You throughout the day. ation of the Department of Defense au- look at what we are talking about with regard to research. We seek to receive Your presence thorization bill. Rollcall votes can, If there is one thing this Nation continually, to think of You consist- therefore, be expected throughout the should have learned throughout its his- ently, and to trust You constantly. We session today. tory, it is that money spent on re- urgently need divine wisdom for our Also, as a reminder, Members have search usually has a way of paying off leadership of this Nation, and we have until 10 a.m. this morning to file sec- in the future beyond anything we can discovered that this only comes in a re- ond-degree amendments to qualify see at the outset. That is just as true liant relationship with You. Prayer en- postcloture and until the hour of 12:30 with research in space as it is with re- larges our minds and hearts until they p.m. today to file first-degree amend- search that we have done in other are able to be channels for the flow of ments under the cloture procedure. areas. Research by its very nature is Your spirit. You Yourself are the an- f not as amenable to cost accounting swer to our prayers. MORNING BUSINESS procedures as are some other programs. As we move through this day, we The PRESIDING OFFICER (Mr. But that is why it is research: It is seek to see each problem, perplexity, CAMPBELL). Under the previous order, looking into the unknown, it is having or person as an opportunity to practice there will now be a period for the inquiry into things we do not yet know Your presence and accept Your per- transaction of morning business, not to about and do not yet know the value spective and patience. We do not want extend beyond the hour of 10 a.m., with of. Yet, that has been at the heart of to forget You, but when we do, inter- Senators permitted to speak for up to 5 every bit of advance in science and rupt our thoughts and bring us back minutes each. technology that we have ever made as into an awareness that You are waiting Under the previous order, The Sen- a nation. to bless us and equip us to lead with vi- ator from Ohio, Senator GLENN, is rec- Someone has to wonder, someone has sion and courage. Thus, may our work ognized to speak for up to 15 minutes. to have a curiosity about what we do be our worship this day. f not know in a certain area, how can we In Your holy name. Amen. do things better, what would happen if f BENEFITS OF NASA-FUNDED we knew the answer to a certain ques- RESEARCH tion. And they are willing to go out RECOGNITION OF THE ACTING Mr. GLENN. Mr. President, I rise and do something about it. They are MAJORITY LEADER today to begin a series of statements in willing to exercise their wonderment, The PRESIDENT pro tempore. The which I want to outline some of the re- their curiosity. This Nation is just re- able senior Senator from Alaska is rec- search and other scientific benefits de- plete with examples of where that has ognized. rived from NASA-funded programs. been to our advantage.

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

S 11043 S 11044 CONGRESSIONAL RECORD — SENATE August 1, 1995 For example, we can think back in suppose, why we could not fly like the What do we want with this vast worthless agriculture and we can see the old set- birds. area, this region of savages and wild beasts, tlers planting corn. When I was a boy The Wright brothers were curious of deserts of shifting sands and whirlwinds of dust and cactus and prairie dogs? To what back in New Concord, OH, a good corn about it, and they were ridiculed by use could we ever hope to put these great crop was probably 48 to 50 bushels per some of the people at the time, because deserts or the mountains that are covered to acre. That was considered pretty good why would anyone want to do this? their very base with eternal snow? What can around there in those days. Do you Later on, when they were trying to sell we ever hope to do with the western coast, a know what it was last year not far one of the airplanes, or a series of coast of 3,000 miles rock-bound, cheerless, from where I grew up? There was one them, to the Army to use and were in uninviting, and not a harbor on it? What use farm pointed out to me that won the Washington demonstrating it, one of have we for this country? Mr. President, I competition in that little part of our will never vote one cent from the Public the people in Congress in one of the Treasury to place the Pacific coast one inch State near Utica, OH, where our good hearings was quoted as saying, ‘‘Why nearer to Boston than it is now. friend, Gene Branstool, who was in the not just buy one airplane and let them We look back today and think how Department of Agriculture for awhile, take turns using it?’’ myopic that view was. I am sure every- comes from. That area had 239 bushels Well, it shows how myopic the view one that comes from States west of the per acre last year on one of the farms— is of some people. The airplane was de- Mississippi would first be amused by 239 bushels per acre. veloped in part because we did basic re- Daniel Webster’s statement. It shows Back when I was growing up, the peo- search. Out of that start came an aero- how myopic the views of even well-edu- ple thought 48 to 50 bushels was pretty nautical industry that, in turn, had its cated, great public servants can be- good. Why do we need research? Why own research done. The Government come when they try and just assume would anybody spend money on it when invested in wind tunnels and conducted that the status quo is what we are we are getting 48 to 50 bushels off this lift experiments and drag experiments going to live with forever, and should land, where people before had only 30 and metallurgical experiments along live with forever. or 35? But we put money into an agri- with some of that to see what would When we look up at space, in order to cultural research system, and out of hold up in a wind tunnel. Out of that stay up there, you have to go fast that system came improvements in soil came the lifting bodies and the aero- enough to set up enough centrifugal and fertilizers and hybrids, a tremen- dynamic surfaces that were the basis of force going around the Earth so that dous step forward when you got to hy- our whole aeronautical industry and you balance gravity, so that, we now brids. helped develop such giants as Boeing, can assume a zero gravity or micro- So the increase in production is not Lockheed, Grumman, Northrop, gravity environment. You cannot do something that indicates farmers are McDonnell-Douglas, and all the rest of that here on Earth. You can throw working six or seven times as hard as the aviation companies that did not do something up in the air and for the they worked back when I was a boy, all of that themselves. They could not. time period it is going up and coming but it means that we did basic re- They did not have the resources. Yet, back down, it will be in a zero gravity search, even though nobody knew what the Government went ahead with the condition or zero-G condition. However the outcome of it was going to be at research that let this whole new indus- such experiments are very short-lived. that time. try develop. In the spacecraft we have now, Out of that research then came im- In medicine, we have had people con- whether it be the space shuttle or the provements in the hybrids, machinery, cerned since we have been a nation in coming orbiting space station, up there fertilizers, soil stabilization, and all doing more medical research than any on a permanent basis, we now have the these things that give us this wonder- nation. Out of that has come a medical capability of exercising this curiosity, ful production today that makes us the system that is the envy of the world. exercising our wonder, exercising our envy of the world. We are not the envy At the same time, we have problems look into the unknown to see how it of the world just because—just be- with it because we want to see more can benefit us here on Earth. That is cause—we have great plains on which people benefiting from that system. the reason why I rise today, to talk to conduct all of our agriculture. We But we have made our medical ad- about the value of this and some of the have that agricultural production out vances and breakthroughs largely be- things that, even at this early stage of investigation, this early stage of re- there largely because we did basic re- cause of basic, fundamental research. search in space, is of value to everyone search more than anyone else in the We have people willing to go into the right here on Earth. world, and we are the envy of the rest laboratories and conduct that kind of Let me take the last Space Shuttle of the world with that system that we research in oceanography, for example. flight that went up as an example. The set up in agriculture. Those who would think that just be- last flight was called an ‘‘Ohio flight’’ I can give other examples. In metals, cause we have moved into this new en- because, as it turned out, four out of we develop metals that now give more vironment of space—there are some the five people on board were from reliable engines, valves, and genera- who think we should lay that down and Ohio. The flight was not set up that tors, and all the things that go to it cannot possibly have any advantage way, as an Ohio flight, to begin with. It make up our industrialized society. We to us. Yet, we have found in the past was just the luck of the draw on that did metallurgical research that was the that exploring the unknown, whether assignment of crew that it turned out envy of the rest of the world. Now it be in the lab or geographical expan- that four of the five people were from there are some places in the world, sion—can be just as valuable as any of Ohio. Russia being one of them, where we the other kinds of research that we do. I went down before their launch and envy them in some of the metallurgical But we still have those who doubt. spent a couple of days with that crew research they are doing. In some areas, I am reminded of a quote that is sort down at Houston. It was intensely in- we believe they are probably ahead of of a favorite of mine because it shows teresting. We went through some of the some of our metallurgical research. how myopic some views can be. It in- simulations the astronauts use for Aeronautical research—why would volves Daniel Webster. He rose on the training there, as well as reviewed anybody want to get up and fly like the Senate floor when they were consider- some of the experiments and things birds? The Wright brothers wondered ing some territorial acquisitions from they were going to do on that particu- why not and then did it. That first Mexico back in 1852. These were the lar flight. This was not an unusual flight they made was 120 feet long and lands beyond the Mississippi. These flight in that regard. It was a flight took 12 seconds. Before that day was were the great plains beyond the Mis- that had a number of experiments on over, they had done four flights, the sissippi. These were the mountains and board—a dozen or so—and some of longest one just a little under 900 feet, plains clear to the west coast. He did them that may have a particular bene- 59 seconds I believe it was. But they not like that idea very much. Daniel fit to people right here on Earth. were curious about why we could not Webster rose on the Senate floor and The people on that flight were Com- get up and do sustained flights. People spoke in opposition to the purchase. He mander Tom Hendricks from Wood- have wondered for thousands of years, I is quoted as having said the following: ville, OH; Nancy Jane Curry from Troy; August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11045 Mary Ellen Weber of Bedford Heights, perimental techniques, different drugs Here on Earth, one of the ways peo- Don Thomas of Cleveland; Kevin or lasers or whatever, to see how these ple prevent osteoporosis is by daily ex- Kriegle from Amityville, NY, who we cells or tumors may best be treated. On ercise. Up there, we can then use addi- made an honorary Ohioan for the dura- a lab here on Earth a bioreactor has tional chemicals or medicines or what- tion of that particular mission. They been used to grow small three dimen- ever to see if we cannot reverse this did a great job. Many people watched sional breast cancer cells, but eventu- process or at least prevent it from hap- the other day as they landed success- ally the forces of gravity take over and pening, which will have a direct rela- fully at the cape after being delayed in these models fall apart. In a constant tionship right here on Earth. coming back because of weather. microgravity environment, like that of Another experiment, commercial But the important thing I want to the space shuttle or space station larg- protein crystal growth. Crystallized stress this morning is that just on that er cell clusters can be grown—more human alpha-interferon protein. The one flight, some of the things they had similar to what is found in the human protein crystal growth experiments aboard may be of extreme value to ev- body. have been particularly interesting. erybody right here. Actually, they had The first efforts at that are being These crystal growths occur with more a total of 18 different experiments that done now, and were conducted with purity and sometimes in much dif- were on board that flight. The primary this bioreactor development system ferent size in the weightlessness of mission was to put into space the which flew on the most recent shuttle. space than they do here on Earth. It TDRS satellite, the tracking and data Stated in other terms, the ability of a opens up a whole new area of experi- relay satellite system. This is a final bioreactor to provide the environment mentation with regard to what may be installation of a series of space-based and metabolic support required to grow of benefit right here on Earth. This communication and tracking networks and maintain mammalian cell cultures particular crystal also may have some that will be used for lower Earth orbit in microgravity. cancer benefits. communications. This is a short statement, meaning, All of these things are not just curi- The amount of communications of basically, what I said a moment ago. osities in space, to be applied in space. data relay that that particular sat- The experiments that they were start- They are of benefit to people right here ellite will be able to handle, to me, is ing on this last flight on STS–70 were on Earth. It always surprises me when sort of mind boggling. Once it is fully with cancer cells. They want to see people do not seem to want to realize up and fully operational—it is up there what reaction they get, how they can or they talk down projects that may now but not fully operational—it will maintain the cells there, what reaction result in a whole new approach to dis- be used as a spare in case one of the they have to different conditions, and ease. It may result in what we call tai- other TDRS satellites develops prob- so on. lormade drugs; in other words, drugs Can I say right here that we have the lems. But its capacity, when fully oper- that will be tailored to a specific bene- answer to cancer near at hand, or the ational, will be to transmit informa- fit to cope with a particular disease or answer to AIDS near at hand? No. But tion per second, equal to about a 20 vol- a particular medical difficulty. They out of an inquiry like this might well ume encyclopedia, to be able to trans- are doing those experiments there now. come some advances that combine with fer that amount of data per second. Another experiment that has a title others, and other research may give us The communications that something that is rather unwieldy may have some a handle. defense applications for us. We do not like that provides and the ability to Surely, this environment that they know yet. We think it may. It is called communicate with different parts of are in, where they are surrounded by the world almost instantaneously is the normal body fluids in the reactor, the HERCULES project. Now, HERCU- rather mind boggling to even consider. is much more conducive to research. LES stands for hand-held, Earth-ori- I will not try and go through all 18 of The effect of microgravity on bone ented, cooperative, real time, user- these experiments, but another one I development has been an ongoing area friendly, location targeting, and envi- was particularly interested in—and of research. Research into osteoporosis, ronmental system. That is some handle that the scientists at NASA are very which is a degenerative bone disease, is for the project HERCULES. What it is, excited about—is the bioreactor sys- one prime example. One thing that is a space-based geolocating system to tem. We were briefed on that in Hous- happens in microgravity is the body locate a wide variety of features on the ton, and one of the scientists describ- starts to correct itself, as it no longer ground with great accuracy. It has ing this says that if this comes through needs the same skeletal strength it has some defense applications that may the way they think it may, this is here on Earth to maintain itself up come out of that, as well as other sci- Nobel Prize material. Well, it may well there. entific applications. be. What it does is it makes a new way We used to worry about this because Another experiment is microencap- of studying cancer cells and other cells if one’s body eliminated enough cal- sulation in space to produce novel that are in the human body. It provides cium and the bones became much less pharmaceuticals in a weightless condi- a new way of analyzing these cells and rigid, we used to joke about the possi- tion which can be done with more pu- may lead to a new way of treating bility of ‘‘jelly bones.’’ Sometime in rity than they can be done here on them. the future if a person went on a long Earth. The reason it is different is this. In a space flight, maybe you would come Another one is a midcourse space ex- laboratory here on Earth, if you want back and your bones would be so weak, periment, which supports the develop- to grow some cancer cells you usually so much calcium was out of them, you ment of surveillance capabilities of must grow them on the bottom of a might not be able to stand without ballistic missiles during the midcourse Petri dish. These cells grow in essen- taking a chance of breaking your leg. of their flight. There are a number of tially a two-dimensional way. Sci- Osteoporosis goes through much of experiments they perform on just that entists can then analyze the cells, but this same process. Prolonged bed rest one flight. because they are two dimensional, they in the hospital creates some of that Going back one flight before that, we do not exactly replicate how these can- same process—the body throwing off all watched as astronaut Hoot Gibson cer cells are found in the body. much of the calcium that it has in its flew the STS–71 mission, the shuttle- A two dimensional model is not the bones. MIR mission. There were great pictures cells’ natural environment. Cancer In space, you develop some of these of that, that I am sure many of my col- cells in the blood stream, cancer cells characteristics much more rapidly. leagues saw. On that mission, in addi- in a tissue, are surrounded by other That is the reason why you see some of tion to just being able to rendezvous body fluids, body parts. the pictures coming back, people are with two 100-ton vehicles coming to- With the bioreactor, researchers can up there exercising, exercising, exercis- gether up there in space, they did met- grow cells in a three-dimensional envi- ing, about an hour every day on a abolic experiments: Studying physio- ronment, more similar to what is found treadmill, tied down with bungee cords, logical responses in space, changes in in the human body. When cancer cells because they find that hard exercise blood volume, cardiovascular and pul- are allowed to grow in three dimen- every day is the best way to prevent monary research, neurosensory re- sions, researchers can use different ex- that from happening. search, how zero gravity affects brain S 11046 CONGRESSIONAL RECORD — SENATE August 1, 1995 communication. Does that tie in with TRIBUTE TO C. ABBOTT SAFFOLD, itself, Duane Garrett seemed to have it brain communication? We need infor- SECRETARY FOR THE MINORITY all. mation with regard to Alzheimer’s dis- Mr. HEFLIN. Mr. President, I rise With a loving family, legions of ease or whatever. Also, behavior and today to join my colleagues in hailing friends, the respect and admiration of performance research, long-term ef- the faithful service of Abby Saffold, the lowly and highly placed alike, fects of microgravity on muscle coordi- who has served as secretary to the Duane appeared boundlessly blessed. nation, mental acuity, and once again, Democratic caucus since 1987. Abby has Lawyer, businessman, political ad- the protein crystal growth experi- been one of the greatest fixtures in this viser, art and stamp collector, sport sa- ments. body, and I cannot imagine the re- vant, historian for the San Francisco Giants, fishing boat skipper—no one These are just a few of the things markably different place this Chamber could fillet a salmon with such that are going on in the space program would have been without her. aplomb—radio talk show host, tele- these days. I just mention these things I remember well the days when this vision commentator, Duane was a tal- now and, in subsequent remarks here body was not so divided by party lines. ented universalist—the proverbial Ren- on the floor, I want to give more infor- Abby is a rare example of a person who provided her expertise to all, regardless aissance man. mation on some of these. I wanted to Serious and thoughtful in his politi- set the stage this morning by going of party. She did not concern herself with which side of the aisle we were on. cal analysis, witty and full of fun in back in just a few of the things that I conversation, a tenacious fighter for have mentioned with regard to the She was helpful to anyone who needed of her. what he believed, yet practical and value of basic research in this country, down-to-earth in his judgments, Duane and that NASA is out there, right now, I am sure Abby could tell remarkable stories about the questions that were was a true prodigy. doing that kind of cutting edge, basic A giving man, always surprising posed to her throughout her career in research, in this new laboratory of friends with a gift—a stamp to a collec- the Senate. If someone was planning a space. tor, a baseball card from a hero of long- vacation for 1999, they would first call ago to a young fan—but as only the Every year, NASA publishes a book Abby to ask if the Senate would be in generous can, Duane brushed aside called ‘‘Spinoffs.’’ This one is ‘‘Spinoff, session—and she would know. I am sure gratitude. ‘‘It was nothing. Just think- 1994,’’ a whole book full of some of the that she has been asked countless ing about you,’’ he would say. things that NASA has been doing that times ‘‘When will be be out of here to- And he would mean it because he are of value right here on Earth. night?’’ ‘‘What’s on the lunch menu gave from his heart. Health and medicine, environment and today?’’ or ‘‘What’s the best joke you With him, everything was done with resources management, public safety, can tell me, Abby?’’ enthusiasm born of interest in people consumer, home, recreational spinoffs, Abby has served as a school teacher and intensified by an endless curiosity transportation, computer technology, and a case workers, and I am sure that about our world and our place in his- industrial productivity, and manufac- those experiences have led to her ex- turing technology. tory. pertise in working for and with Mem- He took to the microphone of his I will not try to read all the things bers of the Senate. She is well known talk show with the same unrestrained here this morning for people, but I for her endless knowledge of legislative gusto as he would enter a private con- commend them to my colleagues and procedures and negotiating skills, and versation with an old friend. the staffs here on the floor for reading, for avoiding disaster through her ex- He never held back. He always gave to see what is going on in some of these pertise. his all. He drew unselfishly from his areas. We will be talking more about Abby was here with us all the late knowledge and experience. Widely read some of these things as time goes on. nights, still sharp, awake, and aware. and deeply thoughtful, he cut quickly There was no question whether she I know the time is limited here this and expertly to the heart of issues. would be on the floor the next morn- morning. I will make some more Certainly, I benefited from this abil- ing, and she was just as cheerful. lengthy remarks in days ahead. I want- ity as he advised me over the years, Abby is undoubtedly one of the ed to take this time this morning to most recently as the cochair of my brightest luminaries we have had the set the stage for the upcoming debate campaign for the U.S. Senate. opportunity to work with here in the on NASA’s budget. His candor could be counted upon. Senate. She learned from her experi- His word was his absolute bond. His People have looked up for hundreds ences in Senator BYRD’s office, working thought was as rich and inventive as of thousands of years and wondered her way up from legislative correspond- any person I know. what is up there in the air, and then ent to her position as the secretary of Also, he was a good friend, a person the Wright brothers went ahead and the majority, and most recently, as the of great warmth and compassion. His learned how to fly and learned how to secretary to the minority. mere walking into a room brought a stay up there for a period of time, and Senator BYRD taught her well. He brightness and warmth. people first thought, what use was it. passed on his attention for detail and His bearish looming over a podium at But we know what use it became later professionalism to a truly great staffer. a political dinner—and he was master on—our whole aircraft and airline in- In appointing her, Senator BYRD gave of ceremonies at countless of them for dustry that lets people travel to far us one of the greatest gifts any col- me—was sure to give instant vibrancy places around the world. league could have—the opportunity for to festivities. He was a master not only Every time we come up with a new us to know the endless kindness of of long range ideas and concerns, but of capability for doing research, it seems Abby Saffold. As Senator BYRD re- the moment. that there are those who do not want cently said, ‘‘Abby has done it all, and Actually, when his many talents and to recognize that something good may done it all very, very well.’’ attributes are added together, the sum come out of it, whether it be agri- As I look toward my own retirement, seems larger than life. culture research, metals research, I would like to express by best wishes That makes his loss all the greater. to Abby for hers. I doubt I will ever aeronautical research, oceanography, A giant who suddenly, without hint meet any finer person. We will all miss geographical research, or whatever. or warning, silences himself inevitably her presence here in this Chamber. conjures a mystery. But, as I said starting out, if there is f But even in death there can be no de- one thing this Nation has learned, it is traction from what he contributed to that money and time spent on basic, TRIBUTE TO DUANE GARRETT life, no diminution of his love for Patty fundamental research in whatever area Mrs. FEINSTEIN. Mr. President, and his daughters, Laura and Jessica; usually comes back and shows more only 48 years old, a veritable dynamo, no devaluation in the worth of the value than we could ever foresee at the exuding ideas and proposals, knowing counsel and friendship he gave, or of outset. his words commanded attention from the affection and respect he received in Mr. President, I yield the floor. the humblest abode to the White House return. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11047 While we may never learn or under- amending the bill to the 1993 Defense nuclear weapons. In February, Russia stand why this ebullient man should Act, however, the explicit references to signed an agreement to provide Iran end his life, we can never subtract from weapons of mass destruction were with a 1,000 megawatt light water nu- his accomplishments. dropped. clear reactor. The Russians indicate We may never fathom the why of The amendment I am offering today that they may soon agree to build as death, but we shall always be thankful attempts to make these applications many as three more reactors—another for the fullness of his life. absolutely clear. It also removes from 1,000 megawatt reactor, and two 440 Outwardly, Duane was the epitome of the proposed sanctions exceptions for megawatt reactors. confidence and elan, seemingly so im- assistance under the Freedom Support I have raised my concerns regarding pregnable. Whatever pain he felt, or Act, thereby removing the benefit of this sale with the administration on a doubts he had, remained concealed be- the doubt Congress gave Russia in 1992. number of occasions. I have maintained hind the customary lift of his head and As I will explain later in my state- that under the Freedom Support Act of broad smile. ment, Russia has used this exception to 1992, which the Iran Iraq Act of 1992 What drove him to that final, soli- the detriment of United States policy was intended to reinforce, the Presi- tary walk on the Golden Gate Bridge in the Persian Gulf. dent must either terminate assistance may elude us, but what we shall always To the current list of sanctions to Russia or formally waive the re- know is his love for his family and his against persons assisting Iran and Iraq quirement to invoke sanctions out of zest whenever he was on the other end in its weapons programs, which already concern for the national interest. of the phone, or sitting in the living include procurement and export sanc- The State Department has informed room or booming his opinion on radio tions, the amendments we are offering me that ‘‘to the best of its knowledge, or television. today add the denial of visas, denial of Russia has not actually transferred rel- His life is what matters. His death is commercial credit, and denial of au- evant material, equipment, or tech- mere punctuation that makes clear the thority to ship products across United nology to Iran,’’ and so there is no need substance and meaning that came be- States territory. To the list of sanc- to consider sanctions. I have been fur- fore. tions against countries offering similar ther informed that they are ‘‘examin- Indeed, Duane seemed to have it all, assistance, the amendment adds the de- ing the scope of the proposed Russian and for those of us who knew him he nial of licenses for export of nuclear nuclear cooperation with Iran, and as endlessly seemed to give his all. material, denial of foreign military appropriate, they will thoroughly So very much alive, so bursting with sales, denial of the transfer of con- evaluate the applicability of sanc- ideas, so expressive, so reaching out to trolled technology, denial of the trans- tions,’’ presumably, if at a later date help others, Duane, even now that he is fer of computer technology, suspension they can confirm the transfer. gone, reverberates in our mind in end- of the authority of foreign air carriers I have no reason to question the less reminders of the vigor and prin- to fly to or from the United States, and State Department’s evaluation of the ciple he brought to politics and other a prohibition on vessels that enter the facts on the ground. However, I would endeavors. ports of sanctioned countries. note that there have been public re- Campaign manager, advisor, coun- The threat from Iraq is not an imme- ports of as many as 220 Russians em- selor, invariably shrewd and insightful, diate concern. The most important as- ployed at the site of the proposed reac- always helpful, thoroughly unselfish, pect of our policy with regard to Iraq tor. There seems to be a dangerously unfailingly available and generous must be to remain firm on the U.N. em- obscure standard for determining when with his time, Duane Garrett was al- bargo. But given the history of the material, equipment, or technology ways there. Iraqi military buildup before the gulf useful in the manufacture of nuclear And always shall he be. war, the sanctions included in the Iran- weapons has actually been transferred, f Iraq Act may at a later date be as im- especially when as is the case with portant with regard to Iraq as they are Iran, the reactor may already be par- FOREIGN RELATIONS currently in the case of Iran. Once the tially complete. REVITALIZATION ACT embargo is lifted, there will be a great At what point in the construction of Mr. MCCAIN. Mr. President, I intend temptation for cash-strapped econo- the reactors does the transfer become to offer an amendment to the Foreign mies to resume sales of military hard- significant? Do we allow the Russians Relations Revitalization Act of 1995 to ware to Iraq. Outside forces may once to build portions of the reactor which assist the President in his efforts to again be compelled to maintain a bal- do not strictly involve the transfer of deal with the growing threat to Amer- ance in the region through arms sales dangerous equipment or technology ican interests from Iran. President and a dangerous escalation of fire- while Iran obtains the most vital as- Clinton clearly sought to address this power. sistance from other sources? Although threat with his May 6 Executive order It is also vitally important to pre- I cannot make this determination my- establishing a full United States em- vent the reemergence of an Iraqi con- self, common sense and an appropriate bargo of Iran. It is my hope that short ventional military threat. One need sense of caution would dictate that any of successfully encouraging other na- only observe the origins of the weapons assistance provided Iran in its efforts tions from trading with Iran, an ex- which constituted the Iraqi threat in to acquire nuclear technology is sig- tremely challenging task, the Presi- 1990 to know that the key to any post- nificant. dent will be able to use the authority embargo containment strategy will de- The administration declined to iden- in this amendment to encourage other pend on our ability to influence Iraq’s tify the dispatch of technicians to the countries to at least refrain from con- trading partners in Europe, Russia, the site as sufficient proof that a tech- tributing to Iranian weapons capabil- People’s Republic of China, and North nology transfer was occurring. How- ity. Korea. ever, now that we are approaching the The 1992 Iran-Iraq Arms Non-Pro- The threat from Iran is more imme- completion of site inspection and prep- liferation Act, which I cosponsored diate. The Iranian buildup in the Per- aration, and nearing the start of the with then-Senator GORE, established sian Gulf is common knowledge. Its im- actual construction, it is my hope that sanctions against third parties which portation of hundreds of North Korean the President will make another as- assist Iran and Iraq in their efforts to Scud-C missiles, its intention to ac- sessment of the situation. rebuild their weapons capabilities. It quire the Nodong North Korean mis- I would point out that although the was a start, but it did not go far siles currently under development, and administration may have technical enough. Efforts by Senator LIEBERMAN its efforts to develop nuclear weapons grounds for arguing that it is not yet and me last year to expand the legisla- are well established—as is its conven- required to invoke sanctions, making a tion were unsuccessful. tional weapons buildup. determination on the applicability of The 1992 bill was intended to target Successive CIA directors, and Sec- sanctions sooner rather than later not only the acquisition of conven- retaries Perry and Christopher have all would serve as necessary leverage in tional weapons, but weapons of mass testified to the effect that Iran is en- resolving the issue. My intention is not destruction as well. In the process of gaged in an extensive effort to acquire to gut U.S. assistance to Russia. It is S 11048 CONGRESSIONAL RECORD — SENATE August 1, 1995 to prevent Russia from providing Iran mental Protection Agency, and is fellow members of the Washington dangerous technology. Waiting to showing itself to be an effective means State delegation and I have introduced make a determination until the trans- for guiding cleanup. As a recent article to reform cleanup at Hanford. fer is complete defeats the purpose of in the Tri-Cities Herald noted: There is, Mr. President, another as- the sanctions. Many in the Northwest, including former pect to this issue, and that is the re- Ultimately, I fear that the reason the adversaries, say the pact is the engine driv- sponsibility the United States of Amer- administration has not made a deter- ing cleanup and, while slow in the beginning, ica has for supporting facilities like mination is that it does not want to it now is speeding the work along. Hanford which provided the manpower jeopardize our relationship with Rus- From safety to new technology to ad- and the materials that helped fight and sia. ministrative savings, Hanford has win both World War Two and the Cold Based on this assumption and antici- made great strides. I submit for the War. pating that the State Department may RECORD a list of Hanford’s recent ac- Beginning in the 1940’s, the Federal at a later date find other ways to avoid complishments from the Tri-Cities Government asked the Hanford com- compliance with the Freedom Support Herald. It shows how far Hanford has munity to join in the effort to combat Act, the legislation we are introducing come, and how the Tri-Party Agree- Japanese, then Soviet, aggression. today makes the President’s legal re- ment has influenced and moved clean- Hanford responded to the country’s sponsibility under the act more ex- up efforts. call, and performed its task magnifi- plicit. The Blush Report, a review of Han- cently, producing the materials to We sent our Armed Forces to war in ford commissioned by my distinguished build up our Nation’s defenses and face the Persian Gulf once in this decade. colleague Senator JOHNSTON, cited the up to first the fascist and then the They endured hardship to themselves Tri-Party Agreement as the primary Communist threat. Tens of thousands obstacle to efficient cleanup. But that and their families. Some will live with of men and women worked on this mis- report was wrong. Just ask the people the injuries they suffered in service to sion, each contributing in their own who signed the Tri-Party Agreement, our Nation for the rest of their lives. way to American strength and secu- the contractors who follow its guide- And, as is the case with every war, rity. lines, and the people of Washington some never returned. With the coopera- Now, Mr. President, as we all know, State who benefit from its success. For tion of our friends in Europe, whose the cold war is won, communism is all its faults, the Tri-Party Agreement own sacrifices to the effort to free Ku- vanquished, and we should all be serves as a constant reminder to the wait should not be forgotten, we must thankful for the hard work and dedica- Federal Government that cleanup at see that the service of these brave men tion of people in communities like Hanford is a top priority. and women was not in vain. Hanford. After all, these communities Stability and security in the Persian And officials at Hanford are now looking to move 2,300 tons of spent nu- sacrificed a great deal. At Hanford, Gulf is vital to the world economy and thousands of tons of nuclear waste lie to our own national interests. Aggres- clear fuel away from the Columbia River three years earlier than origi- underground, the result of a decades- sors in the region should know that if long nuclear effort. I understand, Mr. we must, we will return to the Persian nally planned. This is not only good for the environment, but for the taxpayer President, that some of my distin- Gulf with the full force of Operation guished colleagues may be concerned Desert Storm. At the same time, our as well—it may save as much as $120 million. Would the Federal Govern- by the cost of cleanup at Hanford, but friends and adversaries elsewhere in I cannot believe they would suggest the world should understand that the ment, on its own, take the initiative like this and actually try to finish a that we simply turn our backs on the United States will do everything in its project ahead of schedule? I have my people who never faltered in their duty power to preclude that necessity. It is doubts. to their country. my sincere hope that his legislation A unique example of innovation at On Tuesday, the Senate Energy and will serve as an indication of just how Hanford is the use of microorganisms Water Subcommittee approved funding serious we are. to get rid of pollution. These micro- for Hanford for 1996. I was very pleased f scopic creatures are, according to DOE by this, Mr. President. But I am still concerned about Hanford’s long-term DON’T ABANDON HANFORD News, ‘‘stimulated with a vinegar-like solution to ’eat’ chemical pollutants situation. I am very concerned that we Mr. GORTON. Mr. President, the Na- such as carbon tetrachloride and ni- stand by our commitments. tion’s nuclear facilities are being sin- trates.’’ Mr. President, surely no one Mr. President, I hope my colleagues gled out for strident criticism these can say that Hanford is in the grips of will consider this issue carefully. I days. The Hanford site in Washington bureaucratic sclerosis when it enlists hope they will do what is right by the State is one of those pointed to for its what one local paper calls ‘‘vinegar- people of Hanford, and not, in their alleged waste and inefficiency. In fact, swigging microbes″ in the fight against rush to save dollars, forget Hanford’s some of my distinguished colleagues pollution. invaluable service to America. have proposed legislation that would I recently received a letter from Mr. Mr. President, I ask that this article dramatically, fundamentally, and per- Kenneth Kensington of Viatech, Inc., from the Tri-City Herald be printed in haps dangerously affect the principles in Hastings, MI. Viatech is cooperating the RECORD. which govern cleanup at Hanford. with the Department of Energy on cer- There being no objection, the article I am troubled by these criticisms, tain aspects of the cleanup, and Mr. was ordered to be printed in the Mr. President, not because they do not Kensington writes that such coopera- RECORD, as follows: make some good points—for certainly, tion is valuable not just to Hanford, [From the Tri-City Herald, July 2, 1995] Hanford’s cleanup operation is not per- but to the private sector and the ad- SIGNIFICANT ACCOMPLISHMENTS HAVE BEEN fect—but because they ignore two im- vancement of research and develop- MADE, MILESTONES REACHED SINCE SIGNING portant factors: first, that cleanup op- ment as well. OF TRI-PARTY AGREEMENT erations at Hanford are actually pro- Administratively, Hanford is also Here’s a rundown of major accomplish- gressing; and second, that this Govern- making great strides. Last April mem- ments at Hanford since the Tri-Party Agree- ment has an obligation to help commu- bers of the Tri-Party Agreement met in ment was signed in 1989: nities which contributed in no small St. Louis to create a ‘‘Blueprint for Ac- Hanford’s highest risk—the ‘‘burping’’ part to our victories in World War Two tion and Cost Control.’’ As the Tri-City tank 101–SY—was resolved by installing a and the cold war. Herald reports, ‘‘[t]he officials at the giant mixer pump that controls releases of The massive undertaking to clean up St. Louis meeting examined how to hydrogen gases from the tank. nuclear waste at Hanford is overseen better manage projects, reduce costs Fabrication was completed on a spar pump, by what is known as the Tri-Party the second of its kind for waste tank use. and increase competition, track sav- Contaminated liquid discharges to the soil Agreement. This agreement, forged in ings and streamline the regulatory were eliminated. 1989, includes the Department of En- process.’’ K Basins, which hold highly radioactive ergy, the Washington State Depart- Mr. President, this strategy goes used nuclear fuel, were made earthquake- ment of Ecology, and the U.S. Environ- hand-in-hand with the legislation my proof. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11049 Forty million dollars was saved by selling lumbia River salmon runs. The project is in Pending: nitric acid stored in the Plutonium Uranium cooperation with the Yakama Indian Nation. Dole amendment No. 2025, to withhold cer- Extraction Finishing Plant to British Nu- The Hanford Advisory Board was created tain funds for international conferences if clear Fuels in England. to provide public direction on cleanup from funds were expended for U.S. participation in Getting that nitric acid out of PUREX will stake-holders throughout the Northwest. the United Nations Fourth World Conference cut 10 months off the former chemical proc- A super landfill was created in central on Women while Harry Wu was being de- essing plant’s deactivation schedule. The Hanford to receive debris and soil from the tained in China. first shipment of nitric acid arrived in Great planned riverside cleanup. Helms amendment No. 2031, to authorize Britain this month. Two shipments will Numerous buildings, including the B Reac- reduced levels of appropriations for foreign leave Hanford each week until December, tor water treatment plant, have been demol- assistance programs for fiscal years 1996 and when all 190,000 gallons will have been re- ished. 1997. moved. Construction is under way on the $230 mil- Kerry (for Boxer) amendment No. 2032 (to The Uranium Oxide Plant deactivation is lion Environmental and Molecular Sciences Amendment No. 2025), to express the sense of done, which mean the former processing Laboratory, a 200,000-square-foot building the Senate regarding the arrest of Harry Wu plant is ready for final cleanup and disposi- that will house equipment and programs to by the Government of the People’s Republic tion. This project was done four months study molecular interactions and likely will of China. early and $800,000 under budget. Deactivation lead to improved cleanup technology. Hutchison amendment No. 2033 (to Amend- reduced the annual cost of maintenance from The Fitzner-Eberhardt Arid Lands Ecology ment No. 2025), to express the sense of the $4 million to $40,000. reserve and the North Slope have been Congress that the United Nations Fourth This so-called interim sludge stabilization cleaned. Combined, they make up 45 percent World Conference on Women, to be held in program was completed at the Plutonium of the 560-square-mile site. The lands, which Beijing, China, should promote a representa- Finishing Plant (PFP) 85 days early. That had contained no radiological contamina- tive American perspective on issues of equal- was the first major step in the eventual tion, are to be turned back to the public, but ity, peace and development. cleanup of the plant. a debate continues on who will get the land. The work was done inside two small fur- By 1997, another 65 square miles along the f Columbia River will be available for other naces in a PFP glovebox. Moist, chemically CLOTURE MOTION reactive plutonium scraped from 236 contain- uses. ers was heated to 1,000 degrees Celsius, con- Additionally, several new technologies are The PRESIDING OFFICER. Under verting it into about 30 kilograms of impure in use. They include: the previous order, the clerk will now plutonium oxide that was sealed in contain- Virtual reality, a simplified version of a special stereoscopic viewing system to in- report the motion to invoke cloture. ers and placed in PFP’s shielded vaults. Sta- The legislative clerk read as follows: bilizing this material reduced total worker spect Hanford tanks. The system gives oper- radiation exposures by 25 percent. ators the feeling they’re actually in the tank CLOTURE MOTION Fuel was removed from the Fast Flux Test looking for structural flaws. We the undersigned Senators, in accord- Facility four months ahead of schedule and A high-temperature melter system to ance with the provisions of rule XXII of the $475,000 under budget. allow for more ‘‘waste loading’’ during even- Standing Rules of the Senate, do hereby An evaporator was constructed and has re- tual vitrification of tank waste. Increased move to bring to a close debate on S. 908, the duced the amount of radioactive liquids in operating temperatures allow greater flexi- State Department reorganization bill: underground tanks from 61 million gallons to bility to incorporate more volume of waste Senators Dan Coats, Spencer Abraham, 55 million gallons. By evaporating a portion into the glass, thus reducing the number of Nancy Kassebaum, Rick Santorum, of the water and thus concentrating the re- radioactive glass logs to be sent to a perma- Jesse Helms, Judd Gregg, Rod Grams, maining liquid waste in double-shell tanks, nent repository. Olympia Snowe, Bob Dole, Thad Coch- there will be more available storage space A device that for the first time measured ran, Paul Coverdell, Larry Craig, Phil for wastes to be transferred out of other the amount of gas in tank 101–SY. Gramm, Kay Bailey Hutchison, Don a tungsten ball, about the size of a softball, troublesome tanks. Nickles, Trent Lott. The extra tank space provided by the evap- that has been suspended into that tank on a f oration means six new tanks, at an esti- wire cable to provide information on the thickness of waste inside. mated cost of $378 million, won’t be needed. CALL OF THE ROLL With evaporation, only water is removed. f The condensate water is being piped to near- The PRESIDING OFFICER. Under by basins to await final processing. WAS CONGRESS IRRESPONSIBLE? the previous order, the mandatory In the N Reactor complex, 13 of 32 build- CONSIDER THE ARITHMETIC quorum call has been waived. ings have been deactivated and are ready for Mr. HELMS. Mr. President, as of the f final disposal. Cleanup of the N Reactor’s close of business yesterday, Monday, fuel basin is to be done in 1997. VOTE Two effluent disposal facilities have been July 31, the Federal debt stood at built in central and southern Hanford to $4,960,151,653,142.55. On a per capita The PRESIDING OFFICER. The treat contaminated liquids. The liquids will basis, every man, woman and child in question is, Is it the sense of the Sen- no longer be dumped into the soil; a practice America owes $18,828.82 as his or her ate that debate on S. 908, the State De- that began in 1943. share of that debt. partment reorganization bill, shall be The 200 Area Treated Effluent Disposal Fa- f cility was $25 million under budget and ful- brought to a close? The yeas and nays are mandatory filled 12 TPA milestones. CONCLUSION OF MORNING under the rule. Reduced annual overhead costs by $200 mil- BUSINESS lion and infrastructure costs by $22 million. The clerk will call the roll. The $31 million Waste Sampling and Char- The PRESIDING OFFICER (Mr. The legislative clerk called the roll. acterization Facility was built, a laboratory SANTORUM). Under the previous order, The yeas and nays resulted—yeas 55, to provide analysis of Hanford’s wastes. The the hour of 10 a.m. having arrived, nays 45, as follows: complex includes an analytical laboratory, morning business is now closed. nuclear spectroscopy laboratory and solid- [Rollcall Vote No. 345 Leg.] waste storage facility. Nonradioactive and f YEAS—55 low-level radioactive samples can be ana- FOREIGN RELATIONS Abraham Gorton Murkowski lyzed, as can samples that cannot be sent to REVITALIZATION ACT Ashcroft Gramm Nickles commercial laboratories. Bennett Grams Packwood 250,00 pounds of carbon tetrachloride will The PRESIDING OFFICER. The Bond Grassley Pell soon have been removed from the soil in the clerk will report the pending business. Brown Gregg Pressler 200 Areas, nearly 34 million gallons of con- Burns Hatch Roth The assistant legislative clerk read Campbell Hatfield taminated ground water will have been Santorum as follows: Chafee Helms Shelby treated, 56,000 cubic yards of contaminated Coats Hutchison A bill (S. 908) to authorize appropriations Simpson soil excavated and 52 buildings decontami- Cochran Inhofe for the Department of State for fiscal years Smith nated and decommissioned. Cohen Jeffords 1996 through 1999, and to abolish the United Snowe A new drilling technology now in use at Coverdell Kassebaum States Information Agency, the United Specter Hanford is safer, three times faster and mini- Craig Kempthorne States Arms Control and Disarmament Stevens mizes wastes better than conventional drill- D’Amato Kyl Agency, and the Agency for International DeWine Lott Thomas ing methods while producing higher-quality Development, and for other purposes. Dole Lugar Thompson samples. Domenici Mack Thurmond K Reactor water basins have been con- The Senate resumed the consider- Faircloth McCain Warner verted into fish-rearing ponds to revive Co- ation of the bill. Frist McConnell S 11050 CONGRESSIONAL RECORD — SENATE August 1, 1995 NAYS—45 U.N. Women’s Conference are deter- taker.’’ The reason: because they dare Akaka Feingold Leahy mined to peddle their bizarre views of not condemn—indeed they probably en- Baucus Feinstein Levin the family and the role of women. dorse—so-called homosexual mar- Biden Ford Lieberman Bingaman Glenn Mikulski There is already too much kowtowing riages. Boxer Graham Moseley-Braun to fringe elements at the United Na- Ask yourself, Mr. President, why Bradley Harkin Moynihan tions in New York and that is why this Beijing Conference organizers refuse to Breaux Heflin Murray amendment is necessary. agree to a definition of the word Bryan Hollings Nunn Bumpers Inouye Pryor The Senator from Texas and the Sen- ‘‘gende’’ as meaning only male and fe- Byrd Johnston Reid ator from Indiana clearly explained the male. The United Nations apparently Conrad Kennedy Robb amendment yesterday. It simply urges has decided that the world is made up Daschle Kerrey Rockefeller the U.S. delegation to the Beijing Con- of five genders: male, female, homo- Dodd Kerry Sarbanes Dorgan Kohl Simon ference to promote genuine women’s sexual, bisexual, and transsexual— Exon Lautenberg Wellstone rights and traditional family values, whatever that is. The U.N. Conference The PRESIDING OFFICER. On this and not the agenda of a few activists Secretariat stated that, ‘‘gender is rel- vote, the yeas are 55 and the nays are who have captured the hearts and ative.’’ What in the world does that 45. Three-fifths of the Senators duly minds of U.N. bureaucrats. mean? chosen and sworn, not having voted in In all honesty, Mr. President, it is as- This administration is also on record the affirmative, the motion is rejected. tounding that an amendment even stating that ‘‘gender differences’’ are Mr. DOLE. Mr. President, I suggest needs to be offered to protect the insti- ‘‘cultural—changeable, variable.’’ [AID the absence of a quorum. tutions of motherhood and the family. ‘‘Gender Analysis Tool Kit’’]. And what The PRESIDING OFFICER. The But, experience has shown that if Con- is worse, Mr. President, they arro- clerk will call the roll. gress ignores the Beijing Conference, gantly want to shove this nonsense The assistant legislative clerk pro- the United Nations will soon be push- down the throats of American tax- ceeded to call the roll. ing every country in the world to ac- payers, and ask them to pay for it. Mr. GORTON. Mr. President, I ask cept the United Nations strange notion It is obvious what is going on. These unanimous consent that the order for of motherhood and family and even strange ideas and values may be ac- the quorum call be rescinded. gender. ceptable to U.N. bureaucrats or even to The PRESIDING OFFICER. Without Some ideas promoted in the Beijing some in this administration, but they objection, it is so ordered. Conference ‘‘Platform for Action’’ are are not acceptable to the American The Senator from Washington is rec- too bizarre to be believed, as I will ex- people, and that is why this amend- ognized. plain in a moment. But, the American ment is important. I urge Senators to Mr. GORTON. Mr. President, I ask people know exactly what is going on, support Senator HUTCHISON’s amend- unanimous consent to proceed for 5 thanks to a multitude of news stories ment. minutes as if in morning business. in the Christian and secular media. It is my understanding that the dis- The PRESIDING OFFICER. Without You may remember, Mr. President, tinguished Senator, the manager on objection, it is so ordered. that some folks—but not this Sen- the other side, is willing to accept the Mr. GORTON. I thank the Chair. ator—were sold a worthless bill of amendment. goods before last year’s U.N. Con- Mr. KERRY. Mr. President, we have (The remarks of Mr. GORTON pertain- ing to the introduction of S. 1099 are ference on Population Control in Cairo. looked at this amendment. We will be Senators and Congressmen were as- happy to accept it. located in today’s RECORD under ‘‘Statements on Introduced Bills and sured, promised, and guaranteed that The PRESIDING OFFICER. Is there Joint Resolutions.’’) Cairo Conference organizers and the further debate on the amendment? If Mr. GORTON. Mr. President, I sug- U.S. delegation would not promote not, the question is on agreeing to the gest the absence of a quorum. abortion-on-demand as a so-called amendment. The amendment (No. 2033) was agreed The PRESIDING OFFICER. The international ‘‘reproductive right.’’ to. clerk will call the roll. But that is exactly what happened Mr. HELMS addressed the Chair. The legislative clerk proceeded to thanks to Tim Wirth, who was being advised by former Congresswoman Bela The PRESIDING OFFICER. The Sen- call the roll. ator from North Carolina. Mr. HELMS. Mr. President, I ask Abzug. Senator HUTCHISON AMENDMENT NO. 2041 unanimous consent that the order for ’s amendment (Purpose: To express the sense of Congress the quorum call be rescinded. does not address this issue. But, it should come as no surprise that orga- regarding the consolidation and The PRESIDING OFFICER. Without reinvention of the foreign affairs agencies objection, it is so ordered. nizers of the Beijing Conference are de- termined to repeat what happened at of the United States) f the Cairo Conference—that is, they will Mr. HELMS. Mr. President, I send an attempt to coerce prolife foreign gov- amendment to the desk and ask it be FOREIGN RELATIONS stated. It is already at the desk. I ask REVITALIZATION ACT ernments into creating a so-called ‘‘right’’ to abortion-on-demand. that the clerk read it slowly because The Senate continued with the con- Making matters worse, Mr. Presi- the amendment speaks for itself. sideration of the bill. dent, is the fact that this conference on The PRESIDING OFFICER. Is there AMENDMENT NO. 2033 women’s issues is to take place in objection to setting aside the pending Mr. HELMS. Mr. President, what is China of all places, where women are amendment? Without objection, it is so the pending business? routinely forced to undergo abortions ordered. The PRESIDING OFFICER. The and sterilizations against their will, in The clerk will report the amendment. pending business is amendment No. the name of population control. Hold- The legislative clerk read as follows: 2033 offered by the Senator from Texas. ing the Conference in China is nothing The Senator from North Carolina (Mr. Mr. HELMS. Mr. President, Senator less than a slap in the face to women HELMS) proposes an amendment numbered 2041. HUTCHISON’s amendment providing everywhere. It sends the clear signal At the end of the bill, add the following: guidance to the U.S. delegation to the that the United Nations finds China’s SEC. . SENSE OF CONGRESS REGARDING CON- U.N. Conference on Women in Beijing grotesque behavior acceptable. SOLIDATION AND REINVENTION OF is important for the signal it sends to Lest anyone think that I have exag- FOREIGN AFFAIRS AGENCIES. the administration—and to the United gerated the extent to which the United (a) FINDINGS.—The Congress finds that it is Nations. Nations has pandered to extremists, necessary in order to make the Government The upcoming Beijing Conference of- ask yourself why the word ‘‘mother’’ is more efficient and to realize significant budgetary savings for the American tax- fers a smorgasbord for radicals who are virtually nonexistent in the Conference payer— constantly fighting against traditional ‘‘Platform for Action’’ document. This (1) to consolidate and reinvent foreign af- family values—paid for, in part, by is a conference on women, after all. fairs agencies of the United States within American taxpayers. Organizers of this Conference organizers prefer ‘‘care- the Department of State; August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11051 (2) to provide for the reorganization of the The PRESIDING OFFICER. Is there a ment of personnel. There ought to be Department of State to maximize efficient sufficient second? some administrative capacity here.’’ use of resources, eliminate redundancy in There is a sufficient second. Here we are suddenly, because Presi- functions, and improve the management of The yeas and nays were ordered. dent Clinton is in office, and we are the Department of State; (3) to assist congressional efforts to bal- Mr. KERRY addressed the Chair. going totally role reversal back on all ance the Federal budget by the year 2002; The PRESIDING OFFICER. Does the of those restraints on microman- (4) to ensure that the international affairs Senator from North Carolina yield the agement, and we are telling them, budget function shoulders an appropriate floor? ‘‘You have to specifically get rid of this share of the reductions in United States Gov- Mr. HELMS. Yes, I yield the floor, of department, you have to put it here; ernment spending necessary to eliminate the course. you have to get rid of this department, $4,800,000,000,000 budget deficit; and (5) to strengthen— The PRESIDING OFFICER. The Sen- you have to put it here; you have to get (A) the coordination of United States for- ator from Massachusetts. rid of this department, you have to put eign policy; Mr. KERRY. Mr. President, I thank it here.’’ (B) the leading role of the Secretary of the distinguished Senator from North Now, all we have suggested is this State in the formulation and articulation of Carolina. Let me say to my friend from would not be a problem if we came to United States foreign policy; North Carolina that I think it is unfor- (C) the authority of United States ambas- the floor and adopted a compromise sadors over all United States Government tunate that within a mere matter of that was proposed by the administra- personnel and resources located in United hours on a bill we proceed to a cloture tion and Democrats, which would have States diplomatic missions, in order to en- vote and behave as if somehow there is suggested, look, give the President a hance the ability of the ambassadors to de- a major effort to delay a bill. I think mandate for consolidation, but allow ploy those resources to the best effect that there are 139 amendments on this bill— the President to decide what he wants will attain the President’s foreign policy ob- 139 amendments; 94 of them—it is now to consolidate and where, how it best jectives; and 144 amendments—94 of them are from (D) the United States Foreign Service, as will function. the forward deployed civilian force of the the Republican side of the aisle. Most Here there is a mandate that you put United States Government, through renewed of them are from my colleague from certain departments within the Depart- emphasis on the original principles which North Carolina. ment of State when all of the former undergird the distinct Foreign Service per- So to suggest that a bill that was Secretaries of State have said, while sonnel system. These include worldwide laid down yesterday—was laid down they may be in favor of the concept, availability, assignments based on the needs Friday afternoon, to be technically they have no confidence that the cur- of the service, rank in person, and merit- correct—but first debated yesterday for rent State Department has the capac- based advancement. a few hours, beginning at 2 o’clock in (b) SENSE OF CONGRESS.—It is the sense of ity to effect it. We have not addressed Congress that the President should— the afternoon is now suddenly, on that here. There is nothing that deals (1) consolidate within the Department of Tuesday morning, the subject of some with the capacity of Foreign Service State, or eliminate, such duplicative, over- kind of delay confuses me and, in fact, officers to pick up these particular lapping, or superfluous personnel, functions, I think sort of does an injustice to the missions. There is nothing that deals goals, activities, offices, and programs that legislative process. with the capacity of these missions to the United States Arms Control and Disar- This is a very important bill. It rep- be effected within the context of the mament Agency, the United States Informa- resents a major overhaul of the means tion Agency, and the Agency for Inter- State Department. So while, on the one national Development have in common with by which the United States of America hand, you are making this enormous the Department of State in order to realize a delivers all of its foreign policy effort shift, there is no commensurate admin- budgetary savings to the American taxpayer in the world. It has the most signifi- istrative capacity or enablement to be of at least $3,000,000,000 during fiscal years cant reorganization in it in modern able to actually implement the shift. 1996 through 1999; history. It has some $3 billion-plus of So I just say to my friend, this is an (2) encourage the United States foreign af- cuts. It is a very significant altering of effort to legislate, not an effort to fairs agencies to maintain a high percentage the mechanism of foreign policy. delay. Legislating is what we ought to of the best qualified, most competent Amer- There are many people in the U.S. ican citizens serving in the United States do. We are supposed to come to the Government while downsizing significantly Senate, Mr. President, who feel that it floor of the Senate and make some wise the total number of people employed by runs roughshod over the constitutional decisions about how to best demand these agencies; and prerogatives of the President of the change or mandate it and how best to (3) ensure that all functions of diplomacy United States. Let me give you an ex- make these savings. be subject to recruitment, training, assign- ample. I think every word of the I wonder if my friend from North ment, promotion and egress based on com- amendment that the Senator just put Carolina would be willing to mandate mon standards and procedures, with maxi- in, with the exception of maybe five, I mum interchange among the functions. the savings but take out the specificity Mr. HELMS addressed the Chair. would support. and simply say we are going to try to The PRESIDING OFFICER. The Sen- I think it is a very strong statement find X amount of savings within this ator from North Carolina. of what the Secretary of State ought to Department in order to try to reduce Mr. HELMS. I thank the Chair. do. It is a very strong statement, an the budget, but leave up to the Presi- Mr. President, if ever an amendment exhortation to reorganization, we dent the capacity to be able to choose submitted in this Senate spoke for it- should do that. But it has a specificity where that might occur. self, this one does. That is why I asked as to a particular department or a par- May I ask my friend from North the able clerk to read it in its entirety. ticular movement that we have sug- Carolina—turning to his sense-of-the- And if there is a Senator who can offer gested in keeping with constitutional Senate request on page 3, reading at an equivalent savings while preserving prerogatives of the President ought to line 15, paragraph 1, the Senator says, foreign affairs programs, I ask that be decided by the President. ‘‘It is the sense of the Congress that Senator, whomever he or she may be, All we are suggesting is give the the President should consolidate with- to do so. President a mandate from the Congress in the Department of State or The point is, and the fact is, they to make the cuts, but allow the Presi- eliminate ** *.’’ —I wonder if the Sen- cannot do it. It cannot be done. So we dent to determine exactly how they are ator intends that it be an option of one are playing games with this business of going to be made. or the other, just to clarify. not voting cloture and proceeding on I can remember my friends on the Mr. HELMS. Well, I say to the Sen- this bill in concert with the adminis- other side of the aisle over the years ator, I have a corrected amendment tration, which has set out at the outset that President Reagan and President here, and to call for the regular order to say we will delay, we will obfuscate, Bush were in office consistently com- on amendment 2031, I will send a sec- we will do everything to block this bill. ing to the floor and saying, ‘‘Get the ond-degree amendment—— That is what is going on. cotton-picking micromanaging hands Mr. KERRY. I have asked a question Mr. President, I ask for the yeas and out of the administrative process. Con- of the Senator. But I do have the floor. nays. We do not need anybody except gress shouldn’t micromanage. Congress Mr. HELMS. Of course you do. But I the two managers. shouldn’t decide every single move- thought you wanted a remedy. S 11052 CONGRESSIONAL RECORD — SENATE August 1, 1995 Mr. KERRY. I wanted to know what would yield $5 billion in savings administration as to how we should his intention was before I give up the through the consolidation, through the consolidate, but the President has a floor for any further action. I am try- merging and streamlining within the right to offer a plan. It is not just ing to find out the status of the amend- State Department and its related agen- going to be this President who will be ment. cies. We have yet to see that proposal. affected by this consolidation. It is not Mr. HELMS. I will answer that in due There has been no proposal forthcom- aimed at a Democratic President by a time, I say to the distinguished Sen- ing from the administration to achieve Republican Congress, because future ator. If he yields the floor, I will do it the goals that are outlined in the au- Presidents—certainly I hope there will right this minute. thorization in this amendment before be future Republican Presidents—will Mr. KERRY. I would like to just pur- us today, or as mandated by the budget also have to live under this consolida- sue a few thoughts, Mr. President, be- resolution that passed the Congress. tion proposal. fore we perfect this. I gather now that We have a certain mandate to meet I said yesterday it is not a Repub- it does need an amendment, needs to be specific funding levels for the 150 ac- lican plan, it is not a Democratic plan. perfected. I may not object to that. I count, and the consolidation helps us It is an American plan as to how to want to clarify what it is we are pre- to reach that goal. So the administra- make the State Department more effi- cisely talking about. tion, for the last 5 or 6 months, has not cient and function more effectively in Mr. HELMS. If the Senator will worked with the committee on this administering our foreign policy goals. yield, why do you not put in a quorum consolidation proposal in any fashion. I hope we can support this consolida- call, we will discuss it, and I think he They have not been proactive; they tion. I think it is worthwhile for the will agree to the modification. have not made recommendations. They future. We have had a number of people Mr. KERRY. Mr. President, I will do simply rejected the idea of any consoli- who testified before the subcommittee, that in a moment in order to try to see dation. This is not a new issue. suggesting this would be the appro- if we can make an agreement on this. Five former Secretaries of State did priate approach to take. We have to The Senator from Connecticut was support this proposal. The fact is, they look differently at the way in which we here a moment ago. I know he wanted were not reticent in their support for handle our goals within the State De- to address this particular amendment. this proposal. Former Secretary of partment. So I am hopeful to give him that oppor- State Eagleburger said that this con- It is the end of the cold war. We have tunity. I simply say to my friend solidation was necessary in order to to make a transition to a balanced again—and we can discuss this pri- change the focus at the top within the budget. We have to consider new ap- vately while in a quorum call—it is State Department. This would be the proaches. This requires us to look at the kind something we have had some discus- impetus for creating the change that is of consolidation and integration in our sion on in the past. I personally am not necessary for this consolidation to foreign affairs infrastructure that will averse to some kind of consolidation, work and that it was vital because the be more flexible and cost effective. I and I have said that to the Senator. I State Department was going to have to think that is what is so important. We personally think that there are ways to approach its own agenda differently in need a more flexible foreign policy more effectively deliver the interests advancing foreign policy goals. structure. That is why it requires us to of the United States through our for- After rejecting the Secretary of integrate our program decisions with eign policy establishment. State’s plan within the administration, changing, and frequently changing, I do not think that this particular the only proposal the administration policy goals. recommendation ought to be treated made with respect to consolidation and It was less of a problem before the lightly, and I have never suggested merging were two small elements with- cold war ended. We had a single par- that. What I do think is that we should in the department. One was consolidat- ticular focus. Today, that is not the try to construct a mechanism which af- ing the State Department and the case. What was the rule is now the ex- fords the administration the maximum USIA Office of Inspector General and a ception. What was the exception is now amount of flexibility in keeping with merger of the State Department Office the rule. That is why this consolida- the notion that it is really their re- of Foreign Missions and the Bureau for tion is so essential. sponsibility to decide which ‘‘t’’ to Diplomatic Security. That was it. I hope that rather than engaging and cross and which ‘‘i’’ to dot. I think, as So we are now saying that we are saying this is a partisan approach, we the Senator from Connecticut will going to move forward with the pro- want it to be a bipartisan approach. demonstrate, there are very strong posal. But that still could include the Unfortunately, the administration was feelings here about one particular shift administration’s proposal because the unwilling to be forthcoming in any versus another. So I ask my friend if, mechanism that is included in this leg- suggestions, other than to say they rather than putting in a quorum call, islation allows the President to pro- were opposed to it. I yield the floor. he and I could spend a minute visiting pose alternatives or refinements to this PRIVILEGE OF THE FLOOR while the Senator from Connecticut ad- plan and is required to submit a reor- Mr. LIEBERMAN. Mr. President, I dresses the amendment. ganization plan for each agency that ask unanimous consent that Frederic Mr. HELMS. That is a call of the would be considered by Congress by a S. Baron, a Pearson fellow in my office, Chair. We have two Senators seeking resolution of approval under expedited be permitted privileges of the floor for recognition. I will leave that to the procedures. the duration of the debate on S. 908 and Chair. So we give the President the oppor- S. 961. Mr. KERRY. I yield the floor. tunity to address this particular con- The PRESIDING OFFICER (Mr. Mr. SANTORUM. The Senator from solidation plan. But today they have THOMAS). Without objection, it is so or- Maine is recognized. been silent. So I think that we have an dered. Ms. SNOWE. I certainly want to obligation to move forward on this Mr. LIEBERMAN. Mr. President, a speak to this amendment and to the issue because five former Secretaries of number of Senators on both sides of issue of consolidation, because I think State said this is the direction we the aisle have focused with some seri- it is more. As I said yesterday in my should take in order to reintegrate ousness on the questions raised in this opening statement, I thought it was es- these policy functions, but also to bill. The amendment currently before sential that there should be bipartisan- make sure that we revitalize these the Senate, offered by the Senator ship on this consolidation. This is not agencies and these functions. That is from North Carolina, is, of course, a se- a new issue. In fact, Secretary of State what is important. rious proposal and deserves the kind of Christopher had recommended this We have provided a detailed way in reasoned consideration that our col- originally, only to be rejected in the which to streamline and consolidate league from Massachusetts has de- inner-agency process. The Vice Presi- the funding and personnel of foreign af- scribed. dent has said through the process of fairs agencies. I rise to speak about the impact of reinventing Government he rec- We need to take that approach. The the bill before the Senate on one par- ommended and, in fact, said they would administration, and I know that no one ticular agency, which is the U.S. Infor- submit a proposal to the Congress that thinks that we should dictate to the mation Agency, and to make the case, August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11053 respectfully, to my colleagues and to in the post-cold-war era. The commit- swer to that is that we engaged people, the chairman of the committee and tee has produced a coherent, central- not just governments, but the people of members who come forth with this pro- ized, new architecture for our foreign the nations who were our potential ad- posal, why I believe the USIA uniquely affairs agencies. versaries in debate and discussion should not be consolidated as part of However, no organization is an end in about the values, ideas and interests the State Department, although the itself. Organizations are tools that we that guide the United States in world general request for consolidation I create to carry out our strategic and affairs. Our not-so-secret weapon here think is a very worthy one. moral purposes as a nation. What are in the cold war was information and Mr. President, I suppose I could the goals? What is the strategy that contact with people throughout the spend this time explaining and defend- the new centralized foreign affairs edi- world, particularly those living under ing the work of the USIA. It is a mod- fice laid out in this bill is meant to totalitarian regimes with the demo- est but highly effective foreign affairs serve? cratic world. agency. I do first want to say that I be- It is, indeed, an impressive organiza- I think that had an enormous influ- lieve more is at issue here than just tion, but I think we have to continue ence and helped and inspired peoples the work of the USIA. to come back and ask, What is its pur- who were captive behind totalitarian The proposal to consolidate or per- pose? In that sense, what is our pur- walls to sustain their hopes and ulti- haps to abolish the USIA presents an- pose—our American purpose—in the mately to rise up and create the pres- other opportunity in this debate to ad- world, after the cold war? sure that miraculously crumbled the dress the choice that has been referred Today, the cold war that possessed Berlin wall and all that it represented. to here on the floor that we face at this our thinking and our energies for four Mr. President, rather than wiping juncture in our history between two decades is over. The period of conflict our foreign policy slate clean, I think profoundly different views of America’s with aggressive global totalitarianism we should draw upon the successes of role in the post-cold-war world. reaches back another generation even the past to develop the foreign policy The choice, put simply, is this: Will beyond the beginning of the cold war. strategies for America’s future. We America remain involved and lead in That is at an end. We are grappling must do this work together. Repub- shaping the values and ideas, the mili- with large and difficult questions about lican administrations can and should tary realities and the markets of the what role America should play in the take credit for some of the great suc- modern world? Will we continue to world that go deeper than our country cesses of public diplomacy which have reach out in search of economic oppor- has faced for over a half century. enduring relevance today. The Reagan tunities, cultural enrichment, and the Now, the problems we face in devel- administration revived our understand- alliances that strengthen our national oping a broad foreign policy to guide us ing of the importance of values, ideas, security? Or will we step back and be- into the next century are extraor- and information in international af- come a detached and reactive power dinarily difficult. As was clear on the fairs, and strongly supported the inde- that regards the wider world chiefly as Senate floor last week in the debate on pendent role of the USIA in conveying a source of difficulty and danger? Bosnia, we have not yet reached a uni- those values, ideas, and information. Mr. President, I am convinced that versal consensus about just when and Far from losing importance, our val- on both sides of the aisle here the over- how and under what circumstances the ues, ideas, and information—and an whelming majority of my colleagues United States should exert its power independent USIA—I think will be even have chosen the former course, which and prestige in world affairs. more crucial as we chart our course in is to say staying involved in the world, But disagree as we may about the the next phase of world history after exercising America’s leadership role in specifics, so far as I have suggested a the cold war. the world, because that is not only the moment ago, I think we have main- This new world is ever more demo- correct course but the realistic course. tained a remarkably broad consensus cratic, ever more integrated into a Having made that choice, it seems to about one thing; that is, that the Unit- global market economy, ever more me that we are then left with the ques- ed States must continue our engage- linked by electronic communications. tion of methods. What is the method ment with the world and must retain In such a world, relations among gov- we choose to remain involved and to the capacity to lead, not out of the ernments obviously remain important. remain the leader of the world, not just goodness of our hearts, but in the in- But, frankly, such government-to-gov- the free world, but the world overall? terests of our security and our prin- ernment relations simply do not mat- Mr. President, I understand that ciples. ter as much as they did before. Increas- some of my colleagues who share my That brings me back to the proposed ingly, I believe, relations between concern for maintaining America’s in- consolidation or abolition of the U.S. countries will depend, as they have in volvement and leadership have reserva- Information Agency. Why is this such a the recent past, upon the perceptions tions about some aspects of our foreign key matter—an issue that I personally and interests of the public within those aid program, including our involve- regard as a fork in the foreign policy countries, and particularly of what ment in the United Nations and other road? might be called key subsections of the international institutions. Mr. President, although we are public within those countries—politi- Mr. President, I want to respectfully searching for a new course for the fu- cal and intellectual elites, are two ex- suggest that for anyone who thinks ture, I want to argue here that we amples. that America must lead in today’s should not abandon existing institu- So, U.S. foreign policy in the next world, it does not make common sense tions just because they were developed phase, with communications particu- to favor the consolidation of the func- during the cold war. Rather, we should larly growing as rapidly and in as revo- tions of the USIA to the Department of profit from our experience in the cold lutionary a fashion as they do today, State, or certainly not to favor the war, which was, obviously, a very dif- must go beyond government-to-govern- abolition of the USIA. In fact, if we re- ficult and trying experience, but it was ment relations and reach the people of duce our foreign aid and scale back our ultimately a successful experience. the world. involvement in other multilateral or- Where once we faced the Soviet Empire We always say the world is a small ganizations, as other parts of the bill and feared a third world war, now, de- world. It is a dramatically smaller before the Senate would do, I suggest mocracy and free market systems are world today. When I can sit at my per- that we will even have a greater need establishing themselves from Vilnius sonal computer—I have just been edu- for a more robust, and I might say to Vladivostok. cated in the last several months—and agile, USIA. It is clear our military might was try to reach one of my children who is Mr. President, the distinguished central to our success in the cold war. at school in Boston, in the State of my chairman of the committee, Senator So, too, was the skill and perseverance colleague from Massachusetts, and find HELMS, and his committee, I say, have of our diplomats and negotiators, and I cannot get into the so-called ‘‘Go- acted on a sound impulse, which is that our political leaders. But what else ul- pher’’ index to Massachusetts, so I go we do need a searching reappraisal of timately helped us win this struggle to the worldwide index of indexes and I the way we conduct our foreign policy that we sometimes overlook? My an- am instructed to go through the index S 11054 CONGRESSIONAL RECORD — SENATE August 1, 1995 of the University of Southern Australia again from their statement: ‘‘The cul- more stable, peaceful, and democratic in Perth, find an opening there, then go ture of the State Department differs international environment through to North America, then to the United substantially from the culture of purposeful engagement—engagement States, then to Massachusetts, then, at USIA.’’ Formal diplomacy requires which is enhanced by the kind of active the risk of offending my colleague and quiet, sometimes even secret negotia- public diplomacy that an independent alumnus of Yale, to Harvard, then to tion; careful attention to consistency, USIA can carry out. my son’s room—and all of that happen- nuance and form; and a willingness to What we now have is a plurality of ing in about 20 seconds—it is a very, continue even when the pace is pain- means for engaging the wider world, very small world indeed. fully slow. That is the work of the and presenting American policy and We all know one of the forces that State Department. Public diplomacy— projecting American interests and brought the Berlin wall crumbling the work of the USIA—requires open- principles to different audiences, and down was the availability of knowledge ness, rapid response, and a willingness one might say different consumers, within the countries of the former So- to put aside differences in order to worldwide. USIA inhabits the realms of viet Union and Eastern Europe about make the most of agreement on broad- the media, of education, of what we are what was happening elsewhere, knowl- er themes that are shared by people happy to call in this country civil soci- edge that they obtained in ways that throughout the world. ety, and what we are hoping to help de- could not be stopped by the dictators. It says the obvious to say I have the velop in many of the fledgling new de- They obtained it over the radio and highest respect for the foreign policy mocracies that were former wards of they obtained increasingly over the fax and diplomatic professionals of the De- the Soviet Union. machine and the personal computer. partment of State. But their training The USIA, incidentally, Mr. Presi- So the central roles of the Depart- and their experience, in my opinion, dent, serves all agencies of the U.S. ment of State as I see them are to de- does not prepare them for the work in Government, not just the Department velop our overall foreign policy and the informational environment, in the of State—but Commerce, Justice, manage the relations our Government communications environment, the pub- Treasury, Defense, and others. has with the governments of other lic-to-public environment, in which It is useful, I think, to all involved, countries. The Department of State, USIA and its officers and employees that the USIA’s program stand at one obviously, has extraordinary experi- operate. removed from the government-to-gov- ence and skill at the work of govern- Let me say, responding to what has ernment functions carried on by the ment-to-government relations. But, as been said here a while ago, that the Department of State. When the Voice a recent statement by Freedom House President and the Secretary of State of America carries a news broadcast on put it: ‘‘Public diplomacy—which is to should clearly determine the foreign a subject that is of some discomfort to say—our open efforts to win under- policy of the United States. It is in the a foreign government, is it not a good standing and support among the peo- management and implementation of thing that our Ambassador can hon- ples of foreign countries on matters that policy that I believe the distinc- estly say that the Voice of America is that affect U.S. national interests—suf- tions between formal and public diplo- not controlled by—or organizationally fers when it is subordinated to the de- macy, between the State Department aligned with—the Department of mands of formal diplomacy.’’ and an independent USIA, have their State? This Freedom House statement is a importance. It is in the management Or to give another example, when one remarkable statement for its content and implementation that the dif- of our exchange programs brings a and those who have signed it. It lays ferences in organizational cultures add scholar from a foreign country to the out in greater detail the argument for their respective values to the product. United States who may be out of favor the separation of public diplomacy The value of distinct organizational with the government of his country, is from formal diplomacy. cultures is no novel, New Age idea. It it not helpful that our ambassador can Mr. President, I ask unanimous con- was grasped by President Eisenhower point out that the USIA, which has sent that the Freedom House letter on when he founded USIA, and has proven brought this scholar to America, is sep- the USIA be printed in the RECORD fol- itself in foreign affairs, now, for more arate from the Department of State? lowing my remarks. than 40 years. And when that dissident goes home, The PRESIDING OFFICER. Without Operational autonomy is increas- will he or she not find it useful hon- objection, it is so ordered. ingly followed by corporations and estly to assert that their visit to the (See exhibit 1.) other large financial institutions in the United States was not a foreign policy Mr. LIEBERMAN. Mr. President, this private sector. Centralized, pyramidal mission in behalf of the Department of statement is especially impressive for structures are what modern manage- State? the list of leaders in America’s foreign ment is, frankly, trying to avoid. Mr. President, this formal separation affairs community who have endorsed Teamwork is a recipe for success in is central I think to the credibility of it—a list that includes Democrats and both the public and private sectors. our exchange and broadcast programs Republicans, conservatives and lib- And the essence of teamwork, as it is which have so well served America’s in- erals. The signatories include, and it is understood in the modern organiza- terest in the cold war, which have so a large list, Dr. Zbigniew Brzezinski, tional context, is in using the different well served the interests and the aspi- former National Security Adviser in talents of the different members of the rations of people living behind the Iron the Carter administration, Dr. Edward team in working to achieve a common Curtain during the cold war and can so Feulner of the Heritage Foundation, goal. That is why I believe, here, orga- well serve people throughout the world our distinguished former colleague, nizationally, the better course is to who still yearn to be free? Senator Malcolm Wallop, Lane leave USIA independent. People listening to USIA broadcasts Kirkland, President of the AFL–CIO, As so many have said before me in around the world know that they are Malcolm S. Forbes, Jr, and Ambas- this debate, victory in the cold war not hearing a propaganda instrument sadors Jeane Kirkpatrick and Andrew presents the United States with rare of the State Department but an inde- Young, all signing this statement. A new opportunities. To grasp these op- pendent voice—incidentally, a voice remarkable group, reflecting a broad portunities, to advance our national in- speaking so often in their language— consensus across ideological and par- terests and our moral principles, a reporting on world events and reflect- tisan lines in the foreign policy leader- more forward-positioned, engaged in ing the views and values of the Amer- ship of our country, in favor of keeping aggressive economic, political, cul- ican people and helping make links be- the USIA independent and strong, not tural, and communications, stance is tween them in this country and the consolidating it into the State Depart- required. The new world we face also people of this country. ment. holds many challenges and dangers and Mr. President, the United States In- These opinion leaders base this judg- obviously we must be prepared to meet formation Agency should not be part of ment on long, practical experience in them. But I think we can best over- the reorganization of foreign affairs the tough work of international rela- come those challenges and avert or agencies that are central to this bill. I tions. They recognize, and I quote mitigate those dangers and build a say that respectfully. One of the August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11055 amendments that I have filed among We have long-term interests in developing Affairs; Vivian Lowery Derryck, Presi- the 144 that are filed would remove the flexible relationships with foreign educators, dent, African American Institute; USIA from the consolidation aspects of journalists, cultural leaders, minority and Larry Diamond, Senior Research Fel- opposition leaders that must not be sub- low, Hoover Institution; Hon. Paula this bill, with the minor exception of jected to the daily pressures of official gov- Dobriansky, Former Associate Direc- the consolidation of inspector general ernment-to-government affairs. USIA has tor, USIA; William C. Doherty, Jr., Ex- functions, and would maintain the filled this niche by setting up exchanges that ecutive Director, American Institute USIA as an effective and independent introduce foreign representatives to U.S. for Free Labor Development. agency. governmental, nongovernmental, private, Thomas R. Donahue, Secretary-Treas- We learned in the cold war that per- business and cultural institutions. urer, AFL–CIO; Susan Eisenhower, suasion and involvement with peoples American values: independent voices, one Chairman, Center for Post Soviet Stud- theme. The promotion of American political is the most powerful instrument that ies; Hon. Dante B. Fascell, Former and economic values has been an auspicious Chairman, House Foreign Affairs Com- American democracy has in foreign af- aspect of our foreign policy in recent times. mittee; Hon. Geraldine A. Ferraro, fairs. The power of an idea, the power The spread of democracy and the global com- Former Congresswoman; Edward J. of an American idea, of the American munication revolution indicate that this Feulner, Jr., President, The Heritage idea conveyed to people around the form of engagement in foreign affairs will be Foundation; Malcolm S. Forbes, Jr., world, ultimately is what cracked the of great importance in the future. Diver- Former Chairman, Board for Inter- Berlin wall. The kind of engagement sification and independence—not centraliza- national Broadcasting, Forbes Maga- USIA had, for instance, with tion and uniformity—make the U.S.’s mes- zine; Al From, President, Democratic sage more meaningful and credible. The Leadership Council; Alton Frye, Senior Solidarnosc—not just with people gen- USIA’s broadcasting and exchange programs Vice President & National Director, erally, but with specific heroes in the should remain free of interference from offi- Council on Foreign Relations; Hon. fight for freedom—with Solidarity in cials with responsibilities in other areas. Frank J. Gaffney, Jr., President, Cen- Poland or with the pro-democracy Radio Free Europe/Radio Liberty, Voice of ter for Security Policy; Hon. Bruce movements in Central America is the America and Radio Marti remains vital Gelb, Former Director, USIA; Ernest kind of engagement we need today sources of information around the world. In Green, Chairman, African Development throughout the world, and particu- East Central Europe and the former Soviet Foundation; Samuel P. Huntington, Union (where independent media continue to John M. Olin Center for Strategic larly, may I say, with the coming gen- face difficulties) RFE/RI is trusted precisely Studies of Harvard University; John T. eration of leaders in China and with because of its journalistic integrity. This Joyce, President, International Union the modernizers in the Islamic world. would be seriously compromised if they were of Brick Layers & Allied Craftsmen; This is no time to pull back and stop perceived as official organs of State Depart- Hon. Max M. Kampelman, Former U.S. speaking to the people of the world and ment policy. Ambassador, Commission on Security their future leaders. This is the time to Re-orientation before re-organization. The and Cooperation in Europe; Lane continue effective public diplomacy structure of our foreign affairs agencies Kirkland, President, AFL–CIO; Hon. needs to be considered in light of America’s through the USIA—independent and Jeane J. Kirkpatrick, Former U.S. Am- global strategy in a rapidly changing inter- bassador to the United Nations; Bette strong—to meet new challenges, seize national environment. Reorganization not Bao Lord, Chairman, Freedom House new opportunities, and advance Ameri- rooted in a clear and comprehensive under- Board of Trustees; Bruce K. MacLaury, ca’s principles and strategic interests standing and consensus about goals and mis- President, Brookings Institution. throughout the world. sions cannot work or last. The USIA and fed- Hon. Leonard H. Marks, Marks and Cohn; I thank the Chair. I yield the floor. erally-funded international broadcasting Will Marshall, President, Progressive have track records of success and will con- EXHIBIT 1 Policy Institute; Adam Meyerson, Edi- tinue to work. Indeed, with today’s menac- tor Policy Review; Charles Morgan, Jr., [From Roll Call, May 11, 1995] ing phenomena of international criminal ac- Attorney; John Norton Moore, Direc- THE FUTURE OF U.S. PUBLIC DIPLOMACY tivity, terrorism, inter-ethnic hatreds and tor, Center for Law & National Secu- New proposals have been advanced to place anti-democratic forces around the world, the rity, University of Virginia School of the United States Information Agency work of USIA is more critical than ever. Law; Steven W. Mosher, Director, (USIA)—long the chief instrument of Amer- We understand that there will have to be Asian Studies Center, The Claremont ican public diplomacy—under the centralized some significant reorganization and re- Institute; Joshua Muravchik, Resident control of the State Department. We believe prioritization in foreign policy. Those who Scholar, American Enterprise Insti- this proposed consolidation and centraliza- have offered proposals for change have done tute; Father Richard John Neuhaus, tion would weaken American public diplo- some service. The world has changed, in no Executive Director, Institute for Reli- macy. small measure because of our multilayered gion and Public Life; Michael Novak, Why should the USIA remain independent? and multi-faceted foreign policy structures. American Enterprise Institute; Hon. Through its broadcasting, numerous ex- Our goal should be coordination between Charles H. Percy, Former Chairman, change programs and links with people agencies, not the kind of consolidated ad- Senate Foreign Relations Committee; throughout the world, it already is highly ministrative centralism that will not work. Robert L. Pfaltzgraff, Fletcher School successful in promoting American interests The task of the State Department and the of Law & Diplomacy, Tufts University; and articulating who we are and how our public diplomacy agencies should nurture Richard Ravitch, Attorney; Walter policies and values are shaped. The State De- one another, but must remain separate to be Raymond, Jr., Former Special Assist- partment has a different though related role. truly effective. ant to the President for National Secu- It explains U.S. foreign policy to Americans Ned W. Bandler, Vice Chairman, Freedom rity Affairs; William S. Reese, Presi- and presents our government’s official posi- House; Saul Bellow, Author; Hon. Mi- dent, Partners of the Americas; Peter tions to foreign governments. The State De- chael Barnes, Former Congressman, Rodman, Director, National Security partment values quiet negotiations, govern- Chairman, Center for National Policy; Program, Nixon Center for Peace & ment-to-government contacts, protracted Walter Berns, American Enterprise In- Freedom; Burns W. Roper, Former discussion, compromise and sometimes se- stitute; Daniel J. Boorstin, Librarian Chairman, Roper Starch Worldwide; crecy. A credible public diplomacy, by con- of Congress Emeritus, Historian; Dr. Hon. Eugene V. Rostow, National De- trast, requires openness, the ability to re- Zbigniew Brzezinski, Former National fense University; John Seiganthaler, spond quickly to rapidly changing world Security Advisor, Center for Strategic Chairman, Freedom Forum First events, and independence in reporting, anal- & International Studies; Hon. John H. Amendment Foundation, Vanderbilt ysis and comment. In short, the culture of Buchanan, Jr., Former Congressman; University. the State Department differs substantially Hon. Richard R. Burt, Former Ambas- Al Shanker, President American Federa- from the culture of the USIA. sador to Germany; Hon. Henry E. tion of Teachers; Walter J. Schloss, There are other important reasons to re- Catto, Chairman of the Board Catto Chairman, Walter J. Schloss Associ- tain the USIA’s present status. and Catto, Former Director, USIA; Wil- ates, Inc; Nina Shea, President, Puebla Public diplomacy and formal diplomacy. liam Van Cleave, Director, Center for Institute; Marvin L. Stone, Former While formal diplomatic relations conducted Defense & Strategic Studies, South- Editor, US News & World Report; R. by the State Department are an important western Missouri State University; Emmett Tyrrell, Jr., Editor-in-Chief, aspect of our government’s diverse engage- Kerry Kennedy Cuomo, Executive Di- The American Spectator; Hon. Mal- ment with other societies, public diplo- rector, Robert F. Kennedy Memorial, colm Wallop, Former U.S. Senator; Ben macy—our open efforts to win understanding Center for Human Rights; James S. J. Wattenberg, Syndicated Columnist; and support among the peoples of foreign Denton, President, National Forum George Weigel, President, Ethics and countries on matters that affect U.S. na- Foundation; Patricia Murphy Derian, Public Policy Center; Allen Weinstein, tional interests—suffers when it is subordi- Former Assistant Secretary of State President, The Center for Democracy; nated to the demands of formal diplomacy. for Human Rights and Humanitarian Hon. Charles Z. Wick, Former Director, S 11056 CONGRESSIONAL RECORD — SENATE August 1, 1995 USIA; Jacques D. Wimpfheimer, Chair- overboard or an excess of expense ac- a consulate office and get answers. man, American Velvet Company; Hon. counts or an excess in departments. They expect to be able to get a visa. Andrew Young, Former Ambassador to Most of the great buy-outs of the 1980’s They expect to have their interests the United Nations; James J. Zogby, were predicated on a lot of those far represented. If they get in an accident President, Arab American Institute. too expansive corporate budgets where abroad, if they have a sickness abroad, Mr. KERRY addressed the Chair. value was not limited and people saw if something happens where they are The PRESIDING OFFICER. The Sen- that they had an opportunity to come falsely arrested or some other event ator from Massachusetts. in, pare down, create a far more pro- takes place, we need to be able to rep- Mr. KERRY. Thank you Mr. Presi- ductive entity, raise the share value, resent the interests of those citizens dent. and sell it for a killing. Indeed, that abroad. Mr. President, I would like to thank happened over and over again. Increasingly, Mr. President, in every the Senator from Connecticut for a This is no different. There is no bu- single sector that is important to the very thoughtful statement not just reaucracy on the face of this planet interests of Americans, we have been about USIA, but most importantly that does not have organizational prob- cutting over the last few years. about the overall changes that are tak- lems. The question is, what are we try- We made an enormous cut in the for- ing place in the world and the implica- ing to do here, and what are the inter- eign affairs budget just 2 years ago. We tions for the United States and for our ests of the United States? made a cut 2 years before that. It has foreign policy. Foreign policy is not some foreign become sort of the whipping boy, if you I think he has demonstrated the vi- engagement exclusively. Foreign pol- will, of the budgetary process because sion that is essential to any kind of de- icy is the art of achieving our interests there is no easy, quick constituency in cisionmaking with respect to the shuf- abroad. It is really an extension of the the United States that leaps up and fling of the parts of our foreign public interests in every community here in says, ‘‘Oh, yes, I identify with that diplomacy effort. So I thank him for our country. It is not really a foreign money.’’ having shared those thoughts with us affair. It is a domestic interest that is Already out of a $1.5 trillion budget, and I think provided a very important represented through whatever happens we spend less than 1 percent of the and credible statement with respect to abroad. total budget on all of our foreign af- this issue. So when we engage in Latin America fairs interests, including foreign aid, Mr. President, I would like to express in an antidrug program, we are rep- and most of the foreign aid of this further, following up on some of the resenting the interests of people in country, as we know, goes to two coun- things that the Senator from Connecti- Kansas City, in San Francisco, in Bos- tries: Egypt and Israel. So, if you take cut has said, I think it is really impor- ton, in New York, in Los Angeles, and the almost $12 billion, I think it is, tant for us to understand, the United all across this country. And to what- that goes to Egypt and Israel, we are Nations particularly—and for a lot of ever degree we can get the cooperation leaving ourselves something like $8 bil- appropriate reasons, I might add—the of Colombians or the cooperation of lion for everything else that we wind administration of the United Nations Ecuadorians or Panamanians or the up doing around the world in respect to has been just sort of a morass without Caribbean countries in helping us to all of our treaties, all of our negotia- any seeming sense of concern or cul- prevent the flow of cocaine or helping tions, all of our representing of our pability, although I think in the last to prevent the flow of laundered citizens, all of our efforts to try to deal year perhaps the message may be be- money, we are representing our inter- with international crime, with inter- ginning to get through. ests. That helps us here at home. It national customs problems, with all of But clearly, the ineffectiveness of the keeps perhaps 1 kid, 20 kids, hopefully the other interests that we have across United Nations with respect to certain 1,000 or a million kids out of trouble. this planet. concerns, notwithstanding great suc- It seems to me that in the same way, I inform my colleagues that overseas cesses, has clouded the image of that Mr. President, in dozens of other ways, workload has increased dramatically. institution in its 50th anniversary so our interests are represented through My colleague from Connecticut was that for a lot of Americans, it is a very the diplomatic efforts of our State De- talking a few minutes ago about what quick take. They think of foreign pol- partment in ways that a lot of Ameri- has happened with respect to the sort icy and they tend to think not of a cans just take for granted on a daily of closing in of the world. The fact is global climate change treaty, not of basis. Take, for instance, the interests that because the world is now smaller, the Montreal protocol which will re- of New England in fishing. We have two because there are more airlines flying duce CFC’s in the air and help to pre- of the most important fishing ports in more places, because communications serve the ozone layer, they do not all of the country in Gloucester and are easier, because there is a much think about the treaty to preserve Ant- New Bedford, MA. Until recently, our broader middle class, not just in Amer- arctica or the treaties with respect to fishermen were able to go up and drag ica, but in many other countries, peo- arms control through the years that off the coast of Canada for scallops. ple are traveling more. And because of made an enormous difference in help- Now, because of an international trea- that travel, there is far more of a rela- ing to win the cold war; they tend to ty, we are not allowed to do that any- tionship between nations than there think of the big symbols, and generally more, and we have huge tensions with was previously, much more commerce, speaking, the symbols of either confu- Canada over the questions of fishing. much more just to keep track of. sion or sometimes failure. We have huge tensions over the fish The workload for our embassies in The result is, if you want to get a that are caught there, that are sold in just issuing passports, the workload in good applause line when you go home the United States at a lesser price, this country in issuing passports, is a and give a speech, you can very quickly that take away from our fishermen and 60 percent increase in the last few pick up a line that talks about how you their livelihood. years. The overseas consular oper- should not be giving aid to other coun- So these are the relationships. This ations have exploded—visas, increased tries, that the aid ought to be coming is not a foreign interest. This is not an services to Americans, refugee admis- back, you know, to whatever city in expenditure of money somehow that sions. We have opened 30 new posts in one State. If you say that when you are goes to someone else’s benefit abroad. the last 3 years because of the collapse in a particular place, people are quick It goes to our benefit, Mr. President. of the Soviet Union and Europe. And to respond and say, ‘‘Boy, that is right. Hopefully, if well represented and well yet, notwithstanding all of that in- We ought to be get that money, not negotiated, it goes to our benefit. crease, there has been no financial in- these other folks.’’ And in some cases, There are dozens of other ways in crease whatsoever. All of these new unfortunately, it is true. AID and oth- which examples abound about how our posts, all of this new work has been ers have had some programs sometimes interests are or are not represented. We taken up by virtue of consolidation, that lack accountability. have millions of Americans traveling cuts, deferred maintenance, reductions. But name for me the corporation in abroad every year, millions probably Mr. President, I respectfully suggest America that has not sometimes had even as I speak right now. They expect that a hard analysis of what has been an advertising campaign that has been to be able to walk into an embassy or happening to the budget with respect August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11057 to the State Department and the ca- reductions that have taken place in the dangerous for the interests of this pacity of our Foreign Service entities last years. country. to do their jobs over the last years has Mr. President, 10 years ago, in the I recognize that economies have to be been such a significant reduction that height of the cold war, when you had a achieved in all respects, with respect to we are getting to the point where we bipolar world with this intense focus the Federal budget, including inter- are losing our capacity to represent on basically the Soviet bloc and China national affairs. But the dollar alone our own interests. and whatever satellite countries of cannot be the sole measurement with This is not smart anymore. This is theirs were creating havoc in other respect to what we are doing. We do the old story of cutting off your nose parts of the world, our total inter- not just have a fiscal deficit, Mr. Presi- to spite your face. This is shooting national affairs budget was 2.44 percent dent, we have a leadership deficit, we yourself in the foot. It is reducing our of the total budget of our country— have an involvement deficit, we have a own influence. I suggest that we ought 2.44. Today, it comprises only 1.3 per- presence deficit. to think hard about where we are cent. And in the last decade, the appro- If you travel to Asia today, you will going. priations for function 150 have declined find greater presence of French and The State Department’s budget has by $15.6 billion in fiscal year 1996 dol- Germans and Japanese than you will been frozen in recent years. In fact, the lars. They have gone from $36.8 billion Americans. I am consistently asked by fiscal year 1996 request is underfunded in 1985 down to $21.2 billion in 1995, all foreign businessmen when the United by over $200 million, or by 10 percent of that cut, notwithstanding what the States of America is going to get its when inflation and the exchange rate Senator from Connecticut and I have act together and have the kind of pres- losses are factored in. That is an im- just said with respect to an increase in ence necessary to signal our deter- portant thing to recognize, Mr. Presi- responsibility, an increase in the num- mination to be a real player beyond dent. We operate our foreign offices, ber of relationships and an increase in what our weaponry gives us. obviously, in a lot of places where the the numbers of issues that we now face. It seems to me that those are the currency is fluctuating. So we send I might add, Mr. President, now that kinds of things we ought to be thinking people there with an expectation that you have a world where you do not just about as we arrive at a budget, not just we are going to spend x amount of dol- deal with the Soviet Union and the an arbitrary 602(b) figure that is lars. But because the dollar may go whole focus is not on arms control and thrown out by a couple of people sit- down, you wind up having a huge in- the arms race, you actually have un- ting around saying, ‘‘We will give this crease in expenses and it costs you a leashed a whole set of additional forces much to this committee and that much lot more to do the same business. that make diplomacy far more com- to that committee,’’ without a real measurement of what the real impact Have we increased the amount of plicated. In many ways, when you had is in the overall interest of our coun- money to represent that kind of in- the Soviet Union and the United States try. crease in costs? No. We have taken it and people were dividing up along In addition to the problematic budget out of the building fund, we have taken those lines, you had a much easier dy- areas, Mr. President, this bill also con- it out of maintenance, we have cut namic to work with than the current tains several provisions that are de- other sectors, and we are beginning to international economic competitive signed to undermine and place restric- get to the point where we are reducing structure, with all of the attendant en- tions on the United States’ participa- our own capacity. vironmental, crime, refugee, ethnic tion in the United Nations system. For conflict and other issues that have The State Department has already example, the bill mandates that the been liberated. reduced its work force by 1,300 posi- United States withdraw from several tions, and it has cut administrative ex- I respectfully suggest that the world international organizations, including penses by almost $100 million. We have we face today requires a knowledge of the International Labor Organization, reduced the size of the senior Foreign what is happening in countries, an un- and it eliminates funding for U.S.-as- Service already by 10 percent, and we derstanding of that ethnic force, an un- sessed contributions to these organiza- have cut diplomatic security programs derstanding of who is who within the tions. by 15 percent. This is what has already criminal constellation, an understand- In addition, the bill places conditions happened. ing of the dynamics of how we can as- on the full payment of the U.S.-as- Now we approach this bill, and I want sist other countries to move toward sessed contributions to the United Na- to share with my colleagues why I sustainable development—a host of is- tions and to peacekeeping operations think there is such a problem in this sues that are far more difficult to le- that serve to weaken our leverage at bill. verage and that require personal rela- the United Nations at the very moment Despite the fact that this bill meets tionships in the leveraging. Yet, here when our leadership is needed. the administration’s 1996 appropria- we are withdrawing ourselves from the It is very difficult to go to Mr. tions accounts for the State Depart- very capacity to create those kinds of Akashi and Boutros Boutros-Ghali and ment and the USIA, the aggregate personal relationships. suggest to them that the role of the funding in this bill for 1996 is $450 mil- Under the budget resolution, discre- United Nations ought to be different, lion below the 1995 enacted level, and it tionary funding for the international and they ought to heed our advice at is $330 million below the President’s affairs budget is reduced by $2.1 billion the same time we are pulling back 1996 request. The total funding in the in fiscal year 1996 alone. And by fiscal from an obligation, as well as from bill decreases sharply over the next 3 year 2002, the Budget Committee’s tar- other involvement and efforts of the fiscal years. The authorized funding get date for the balanced budget, the United Nations. If ever we wanted to under this bill for fiscal year 1999 is mark for the function 150 discretionary invite others to begin to spur whatever over $1.3 billion below the 1995 enacted funding is $14.7 billion. leadership we might be offering, it level. Mr. President, we are going to go seems to me that that is one of the I will add, Mr. President, that those from $36.8 billion in 1985 to $14.6 billion ways to do it. cuts, that $1.3 billion by 1999, does not in the year 2002, and we are somehow So, Mr. President, I would hope that reflect the steep reductions in foreign going to pretend that we are going to in the course of the deliberation on aid funding levels for fiscal years 1996 represent the domestic interests of the this bill we can try to rectify, to what- and 1997 that are in the foreign aid bill. United States abroad with that budget ever degree possible, some of these So when you add those cuts to the for- while simultaneously meeting the things, so that we get back to the spir- eign aid bill, you wind up with the needs of a country that prides itself in it of bipartisanship that governed the most significant reduction; in fact, you being the leader of the free world. I do movement of this bill in the last 11 go below the function 150 budget reso- not think it makes sense. I think it is years that I have been here. There was lution figures for the next 2 years. I do ill considered. I think it is short- an unfortunate vote along party lines not think we ought to go below the sighted. I think it is contrary to our sending this bill to the floor. It is my budget resolution figures in the 150 ac- national interests, and it may not be hope that we can use this time now in count for those next 2 years, given the hyperbole to suggest that it is even the legislative process to harmonize S 11058 CONGRESSIONAL RECORD — SENATE August 1, 1995 and bring together a bipartisan effort is. But let me tell you, Mr. President, we urged his Vice President to do. But when I think the Congress is most well- if you retain the U.S. Information we were stonewalled. served and certainly when the interests Agency as it is, it will cost $320 million So do not give me all this stuff about of the country are served. Everybody over the next 2 years and $600 million the administration has not been con- knows that this country has been during the 7-year effort to balance the sulted. Later on in the debate, we will strongest when its foreign policy is bi- budget. talk about this business of partisan. The great standard was writ- Now, all the people who have been micromanagement. There has been ten by Arthur Vandenberg. In recent lobbied to keep the USIA just like it is plenty of what some would call days, we have had joint efforts—wheth- better bear in mind what the Budget micromanagement in the past. er it was Senators LUGAR and NUNN, Committee is going to say about that. AMENDMENT NO. 2042 TO AMENDMENT NO. 2041 who joined together with respect to And all sorts of suggestions have been Mr. HELMS. Mr. President, I send a Russia, or whether it was Senator made that, well, we are doing well, we second-degree amendment to the desk MCCAIN and others here, who joined to- just need to do better. to amendment No. 2041. gether with respect to Southeast Well, tell me about the 600 people, The PRESIDING OFFICER. The Asia—and we have been able to show Federal employees, in the U.S. Em- clerk will report the amendment. that bipartisanship makes a difference bassy at Cairo, whose sole responsibil- The Senator from North Carolina [Mr. and it makes this country strong. I ity is to give away the American tax- HELMS] proposes an amendment numbered hope we can find that in further efforts payers’ money. What sense does that 2042 to amendment No. 2041. with respect to this legislation. make? It costs $200,000 a year to post Mr. HELMS. Mr. President, I ask Mr. HELMS. Mr. President, Senator one Federal employee overseas. They unanimous consent that reading of the KERRY is one of the most articulate have 600 of them at Cairo alone. amendment be dispensed with. human beings I have ever heard. I wish Mr. President, I have several dear The PRESIDING OFFICER. Without that he had somehow recognized in his friends among the heads of State of objection, it is so ordered. eloquent comments the many efforts other countries who come to Washing- The amendment is as follows: that we made—when I say ‘‘we,’’ I ton, and they come to see me in my ca- Strike all after the word ‘‘SEC.’’ and insert mean the Foreign Relations Commit- pacity with the Foreign Relations the following: tee majority—to work with the admin- Committee. If I had to pick a favorite, . SENSE OF CONGRESS REGARDING CONSOLI- istration. I guess it would be Eugenia Charles, DATION AND REINVENTION OF FOR- I myself pleaded with the Vice Presi- who is the former Prime Minister of EIGN AFFAIRS AGENCIES. (a) FINDINGS.—The Congress finds that it is dent of the United States to let us get Dominica. I am sad to say that the Prime Minister is not running for re- necessary in order to make the Government together, as the Senator has rec- more efficient and to realize significant ommended. The bureaucracy prevailed election. She is a pleasant, down-to- budgetary savings for the American tax- in the Vice President’s office. I am not earth lady. She always comes in my of- payer— being personally critical of the Vice fice with a smile on her face. The last (1) to consolidate and reinvent foreign af- President. He has many things on his time she was here, which was about 3 fairs agencies of the United States within plate. But, in this case, the ball got or 4 weeks ago, give or take, she the Department of State; (2) to provide for the reorganization of the away from him, and the heads of three walked in and said, ‘‘Well, Senator, I see you are trying to do something Department of State to maximize efficient agencies, which were going to be rolled use of resources, eliminate redundancy in into the State Department where they about your foreign aid program.’’ I functions, and improve the management of belong, prevailed. said, ‘‘Yes, ma’am, I am.’’ She said, the Department of State; Warren Christopher, the Secretary of ‘‘Well, it is none of my business, but (3) to assist congressional efforts to bal- State, went through the same agony something ought to be done. Do you re- ance the Federal budget by the year 2002; last fall after the election when he rec- alize, Senator, that it costs you more (4) to ensure that the international affairs ommended the sort of reorganization money to give away money than you budget function shoulders an appropriate give away?’’ And that is it. It is the bu- share of the reductions in United States Gov- that the pending legislation represents. ernment spending necessary to eliminate the Secretary Christopher got his come- reaucracy that just grows and grows $4,800,000,000,000 budget deficit; and uppance, and he took it like a man. He and grows, and these efforts with the (5) to strengthen— is a faithful, loyal member of the ad- pending legislation, from the adminis- (A) the coordination of United States for- ministration. He wrote a letter the tration that has not cooperated with eign policy; (B) the leading role of the Secretary of other day to Senator DOLE, which was the committee at all—JOHN KERRY tried to. I do not know what sort of in- State in the formulation and articulation of amazing to me. Sometime during this United States foreign policy; debate, I am going to put his letter in structions he got from the people (C) the authority of United States ambas- the RECORD and my response to it. downtown to the contrary. But I wish sadors over all United States Government I wish we could get together, but at we could sit down and work out the dif- personnel and resources located in United this moment, the White House is call- ficulties. I am not going to give away States diplomatic missions, in order to en- ing the tune. There is nothing wrong the store. I am not going to change hance the ability of the ambassadors to de- with that. That is the way the adminis- this bill so that it does not meet the ploy those resources to the best effect that tration works. But they cannot have it budget resolution which was adopted will attain the President’s foreign policy ob- jectives; and both ways, that we want to do this and by this Senate and the House of Rep- (D) the United States Foreign Service, as that, when in fact they have done ev- resentatives. No, sir, I am not going to the forward deployed civilian force of the erything in this world, including per- do that. United States Government, through renewed sonal invective, to undermine the pend- But if we can have an understanding emphasis on the original principles which ing legislation. There were news con- that we are working on the same team, undergird the distinct Foreign Service per- ferences at the National Press Club being the Senate of the United States, sonnel system. These include worldwide downtown. One of the bureaucrats trying to get a job that needs to be availability, assignments based on the needs made all sorts of remarks, including done and needs badly to be done, then of the service, rank in person, and merit- we can pull this bill down and we can based advancement. one that I had written this bill on the (b) SENSE OF CONGRESS.—It is the sense of back of an envelope. The press came to operate in good faith. But I cannot Congress that the President should— me and said, ‘‘What do you think about have Bill Clinton’s people looking over (1) consolidate and eliminate, such duplica- that?’’ I said, ‘‘Well, Abraham Lincoln somebody’s shoulder, because Bill Clin- tive, overlapping or superfluous personnel, did pretty well on the back of an enve- ton already said he is going to veto it, functions, goals, activities, offices, and pro- lope. I hope I have done fairly well.’’ and he does not even know what is in grams that the United States Arms Control But it has been a personal affront to the bill. He wants to keep the status and Disarmament Agency, the United States these people that anybody could sug- quo. He does not want to save any Information Agency, and the Agency for International Development have in common gest that their bureaucracies be money on foreign aid. Otherwise, he with the Department of State in order to re- trimmed. Let me tell you something would have sent somebody in good alize a budgetary savings to the American about the U.S. Information Agency. faith up here to work with the commit- taxpayer of at least $3,000,000,000 during fis- There is a great push to keep it like it tee, which we urged him to do, which cal years 1996 through 1999; August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11059 (2) encourage the United States foreign af- partment will allow us to stretch our about consolidation, eliminating dupli- fairs agencies to maintain a high percentage dollars devoted to foreign policy. It cating functions and responsibilities, of the best qualified, most competent Amer- will cut out the waste. It will cut down but there is no specific plan that has ican citizens serving in the United States on the bureaucracy. It will cut out been put forward by the minority, on Government while downsizing significantly the total number of people employed by functions that really are not essential the committee or here on the floor, these agencies; and to our foreign policy. They may be de- that achieves the goals that are nec- (3) ensure that all functions of diplomacy sirable, but they are not essential. essary and indeed mandated by the be subject to recruitment, training, assign- Now, in the case of international budget resolution. ment, promotion and egress based on com- broadcasting, the irony is that S. 908, Even the Vice President said, back mon standards and procedures, with maxi- the pending bill, is the best deal in on January 27, that he would come for- mum interchange among the functions. town. They will not find a better one— ward with a plan for reinventing Gov- Mr. HELMS. Mr. President, let me not from Bill Clinton, not from AL ernment and these agencies in the get back to one of the most heavily GORE, not from anybody else. Right State Department that would achieve a lobbied portions of the pending bill. here, it is pending before the U.S. Sen- savings of $5 billion. We have no such I said a while ago that keeping the ate. plan. U.S. Information Agency as it is will S. 908, Mr. President, assures the con- The only recommendation the Vice cost $320 million over the next 2 years, tinuation of the restructuring, the re- President has made is eliminating 6 and $600 million during our 7-year ef- duction, and the consolidation of missions and streamlining the con- fort to balance the budget. Those who broadcasting elements that began last tracting services within the agencies. do not care whether the budget is bal- fall. This bill will ensure that the Con- That is it. That will not achieve $5 bil- anced or not in 7 years, do not care gress and the administration keep lion. Even our savings are less than $5 very much one way or another. their commitment to support broad- billion. The fact is the budget resolu- The effort to keep the U.S. Informa- casting around the world. Some of the tion requires us to achieve $3.6 billion. tion Agency independent of the Depart- people—lobbyists—who are opposing S. Now, somebody can say how we do it ment of State is misguided and it is 908 would have you believe otherwise. differently. I cannot understand, frank- out of step. The time has come to rec- Broadcasting, under this bill, will re- ly, why the minority could not accept ognize the problem and to reorganize main independent and will be operated the principles that are embodied in the our entire foreign relations apparatus. by the Broadcasting Board of Gov- amendment that is before the Senate. As JOHN KERRY has said with his cus- ernors, which is a nonpartisan board It says, and it is a sense of Congress, tomary eloquence, public diplomacy is that sets the broadcasting policy. that the President should consolidate an extremely important part of the In a very real way, S. 908, despite the and eliminate duplicative, overlapping way this country conducts business protests of people who will save it, or superfluous goals, activities, offices, with other countries. It is, after all, passes the litmus test of USIA itself. It and programs that the U.S. Arms Con- the way we convey American values strengthens the role of public diplo- trol and Disarmament Agency, the U.S. and interests, and the way that we macy in our foreign policy apparatus Information Agency, and the Agency communicate the American dream to by integrating it with larger foreign for International Development have in the people around the world. policy concerns. common with the Department of State, Accordingly, Mr. President, it ought As has been shown, S. 908 in no way in order to realize budgetary savings to to be part and parcel of the larger for- eliminates or reduces the capabilities the American taxpayers. That leaves $3 eign policy effort, not shunted away needed to convey the American mes- billion during fiscal years 1996 through out of sight, out of mind. As the single sage to foreign populations. That is the 1999. agency charged with the conduct of job it was created to do in the first That is the essence of the amend- U.S. foreign relations, the Department place. ment now pending before the Senate. It of State must be given a clear mandate It preserves those capabilities, but it incorporates the principles of consoli- and must be provided with all the tools also makes a strong move to abolish dation. of the trade. Diplomacy can be a most waste and needless bureaucratic dupli- It is obvious that there is not an in- effective tool, but its effectiveness can cation. That is where some nerves have terest in working together in a biparti- be truly realized only when it is syn- been rubbed raw. san way to come up with a consolida- chronized with all the rest of the diplo- Make no mistake, the amendment to tion plan that can get a majority of matic initiatives. retain USIA, any effort to retain USIA support here. That is just not the opinion of JESSE independently, is a proposal to retain Now, the President—and I can under- HELMS, a member of the Foreign Rela- wastefulness and inefficiency. It is a stand, there is a dilemma here for tions Committee. Five Secretaries of tired old litany. I hope the Senate, if those on the minority side—the Presi- State have said the same thing. They and when we are given an opportunity dent proposed in his budget to increase have endorsed this bill which President to vote on the matter, will understand the 150 account by $1 billion. The budg- Clinton, Vice President GORE, and now what it is all about. et resolution that passed this Congress poor Warren Christopher, who is I yield the floor. requires us to cut by $3.6 billion. That caught in a bind, say they oppose. The PRESIDING OFFICER (Mr. is what we have to do. Now, S. 908 acknowledges what has to ASHCROFT). The Senator from Maine. The President does not want to cut be the centrality of public diplomacy Ms. SNOWE. Thank you Mr. Presi- the foreign affairs account. He is ask- of foreign affairs, by putting public di- dent. I think the chairman has accu- ing for a $1 billion increase. plomacy at the center of the foreign af- rately stated the dilemma that faces That is why I think we are meeting fairs apparatus. members here in terms of making deci- the resistance from the other side with I ask, what is a better way to make sions about whether or not to move respect to consolidation, because they sure that this tool gets used fre- forward with a specific consolidation do not want to consolidate. They do quently, than to provide it to those proposal. not want to eliminate. They do not who need it and to those who will use The real question is whether or not want to do anything to change the sta- it, by creating an Under Secretary for there is support—bipartisan support— tus quo. That is what last year’s elec- Public Diplomacy within the Depart- for a consolidation proposal. tion was all about—to change the sta- ment of State, as this bill proposes? We We heard from Senator KERRY this tus quo on how we conduct our busi- will strengthen our core foreign policy morning, who said that he supports ness. That is what we have to do. That apparatus, and 5 former Secretaries of consolidation, the idea of consolida- is our mandate here. It surprises me in State have testified and written letters tion. He basically said the same thing a lot of ways to suggest that there are of endorsement of this very proposal in committee. not ways in which we can do that. I that is the pending business in the U.S. The problem is, there has been no happen to think that consolidation is Senate. specific proposal forthcoming to necessary because I think it will rein- As for the U.S. Information Agency, achieve the goals of consolidation. vigorate the departments and the agen- its consolidation into the State De- That is the problem. Everybody talks cies. I think it will reinvigorate the S 11060 CONGRESSIONAL RECORD — SENATE August 1, 1995 State Department in the way it con- and to improve the way in which we de- support consolidation. But we have ducts its foreign policy decisionmak- liver these programs. been hearing that for 6 months, and ing. I think it is necessary. Public diplomacy—I have been a very nothing has come forward that would Does anyone here suggest that we strong proponent of the broadcasting suggest that they have a plan or indeed should not look at the exchange pro- functions under the USIA. Again, the actually support any kind of plan for grams? I am a strong advocate of the question is whether or not we can move consolidation. exchange programs. But, believe it or those functions within the State De- We will hopefully go through this not, the exchange programs have dou- partment. I had concerns about main- legislation and hopefully we will have bled. They have actually doubled since taining the independence and integrity a vote, which I am going to ask for in 1990. They have doubled in the 1980’s. of the broadcasting functions of radio, a moment on the pending amendment, So they doubled in the 1980’s and they for example. But we maintain that because I think it is important that we have doubled since 1990. We are propos- critical firewall in this legislation be- find out where everybody stands on the ing that we cut $400 million in the ex- cause we have a broadcasting board of principle of consolidation of the State change programs that are duplicative. governors. So we will maintain the Department and its related agencies. They are spread out all over the U.S. independence and integrity of radio. We are here today because we need to Government. We are saying we should But there is not anything to say that change the way in which we handle the consolidate and manage them because we cannot do things differently in organizational structure of the State we do think they are important, espe- bringing them into the State Depart- Department and other agencies. But we cially in this post-cold-war period. It is ment hierarchy. certainly want to do everything we can important for our young people to have Edward R. Morrow, who was once the to make it right. USIA Director, said that oftentimes a chance to understand the cultures of Senator KERRY mentioned the fact governments of other countries. But the agency was always brought in when that we have increased responsibilities does anybody think that we should not a policy crash landed, but was never on the embassies and our diplomatic do it a little bit differently, given the there when there was a takeoff. I think corps. That is certainly true. In fact, proliferation of those exchange pro- they will correct that longstanding this last year, I attempted to mandate grams? I say not. problem. I think it is our responsibility a cost sharing so we apportion the to reform the public diplomacy struc- What about the Agency for Inter- costs within each embassy among a va- ture. We create an Under Secretary for national Development? As I said, the riety of agencies, because the State De- Public Diplomacy. We create a fifth Director has done an outstanding job partment is not the only one that cre- person so that preserves the Foreign since he has been in that position. But ates costs within our embassies. We Service officers and their skills, be- there is much more to be done. Even he have the Department of Commerce, the cause I have a great deal of respect for said, several years ago before he took Department of Defense, and other their professionalism and their dedica- that position, that the agency was a agencies that have responsibilities for tion to their job. There is no greater disaster. We have spent on develop- those embassies, and yet they do not demonstration of the way in which ment assistance since the agency was pay their fair share of cost. they perform than at the various em- created $144 billion, and we still pro- Unfortunately, I was not successful. I bassies around the world. In fact, they vide countries with assistance. Coun- am not saying that we just should cut. are integrated fully into the process tries have received development assist- I am saying that we should cut in a re- within the embassy. That is exactly ance from 35 to 51 years consecutively. sponsible way through consolidation. I the same kind of procedure we want to We have not made any headway. do not think anybody can disagree on duplicate here in Washington, DC. Ev- the purpose of consolidation. The point is, we have to do things erybody works together. somewhat differently. We should tie Today, in a more democratic world So as we move forward in this debate, development assistance to our foreign than ever before, the foreign policy in perhaps there will be some interest on policy goals. There is nothing wrong those countries is very, very essential the other side, and most specifically with that. Indeed, I think we will maxi- to the formation of policy in this coun- the administration, which obviously is mize the benefits for our taxpayers, but try. That is what public diplomacy has governing the course and the direction also for our specific goal. become, an essential responsibility. I of this legislation, with respect to ac- Sixty percent of the employees of the think we can emphasize that even more cepting the idea of consolidation or Agency for International Development by taking the USIA and putting it into not. work here in Washington, DC. There the State Department. We are not here OPPOSITION TO ABOLISHING AID are 9,000 employees in the Agency for to deemphasize it or say it is a lesser Mr. LAUTENBERG. Mr. President, I International Development—9,000. Just priority; absolutely not. We are saying oppose abolishing the Agency for Inter- the administrative costs alone rep- it is very much a priority, and we are national Development and merging its resent 25 cents on every development going to protect the integrity and the programs and personnel into the State dollar we spend, but that does not take independence of broadcasting. In fact, Department. This proposal will do into account the grants. That is where we had the nomination hearing for the more than simply move some boxes the other 4,000 employees come in. We eight individuals who serve on that around on an organizational chart; it have 5,000 under the traditional admin- board, a very distinguished group of in- will make fundamental changes in the istrative costs and overhead, and then dividuals that will bring a broad array ability of AID to perform its mission. we have another 4,000 employees that of experience into the public and pri- As a result, it threatens our ability to are paid through the grants that we vate sector to manage this board in protect and advance important Amer- issue through development assistance this transition. I have a great deal of ican interests. in the Agency for International Devel- confidence in their ability to manage a Let me begin by identifying three opment. very crucial change in the broadcasting primary elements of AID’s mission. Is anyone suggesting that we should function. First, there is a clear and compelling not cut or reform those programs to I hope, as generally can be the case, humanitarian interest. AID’s programs maximize the benefits for the Amer- that we just do not have this natural tells others, and reminds us, that the ican taxpayers and, indeed, the pro- visceral reaction in opposition to any United States is a caring and compas- gram? No one is saying that the es- kind of change. I am certainly willing sionate Nation. That compassion and sence of development assistance and to consider any proposal and any ideas caring reflect both our character as a helping countries for sustainable devel- to reform the consolidation that we country and our recognition that we opment for the future to become inde- have before us. I think we have to have the resources and the responsibil- pendent economically is not essential. make a decision that consolidation is ity to do what we can to help those in It absolutely is. The question is how we very, very essential. But we are not need. Compassion has a place in foreign achieve those goals. getting any specific or concrete ideas policy and our main instrument in this That is what we are attempting to do from the other side as to how to regard—in feeding children, providing with this legislation: To consolidate achieve it. We keep hearing, well, we housing and medical care, building August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11061 roads and sewers, and so much more— ings from this consolidation. The re- State Department would result in sub- is AID. ality is that AID’s overseas operations, stantial administrative cost-savings. Second, AID is the instrument like all U.S. Government agencies and But the facts reveal otherwise. through which we get on with the task departments operations in our embas- Managerially, USIA’s overseas oper- of building functional democracies sies and consulates, already are fully ations currently are well-integrated around the world. What we sought to integrated into State Department ad- with State’s. USIA—like all depart- preserve throughout the cold war, we ministrative services on a reimburs- ments and agencies operating from our can now expand. Country after coun- able basis. So, the proposed consolida- Embassies and consulates—already re- try, on continent after continent, want tion would not save any money abroad. imburses the State Department for ad- to establish representative govern- And domestically, there is no room in ministrative support services, such as ments, democratically elected and the State Department to house AID’s housing, computers, motor pools, and based on the rule of law and a respect employees and functions, so we will not the like. Consolidation will not save for human rights and liberties. The de- save on building costs here in Washing- any money overseas. velopment assistance and expertise de- ton, either. Would there be savings in U.S. oper- veloped by AID is the way to get them The net result, I fear, is a further re- ations by merging USIA into the State the resources they need to achieve a re- duction in our developmental pro- Department? I do not believe so. Aside sult we all want. While there is an ele- grams. Some may say ‘‘well its about from its foreign press centers, the ment of altruism in such programs, time.’’ But that kind of response is Agency by law has no domestic char- there is also a cold calculation that it usually based on a profound misunder- ter, no domestic presence. And we serves our national interest. Wherever standing of just how much we spend on would not be able to eliminate the need we are successful in ensuring that foreign aid. While many believe that for some sort of separate office space to democratic principles take root, we are such programs account for 8 to 10 per- house USIA’s personnel and functions, less likely to face the prospect of inter- cent of all Federal spending, in reality since the State Department has none vention in a political crisis, with it the they now constitute only 1⁄2 of 1 per- to spare. high costs of peacekeeping and emer- cent of all spending by the U.S. Gov- In fact, USIA on its own and in re- gency relief operations. ernment. This level of spending already sponse to the President’s and Vice Third, AID’s overseas assistance ef- places us in the lowest ranks of the de- president’s reinventing Government forts provide for both immediate and veloped world in terms of per capita initiatives has already achieved major long-term economic benefits to the spending on foreign aid and assistance and substantial cost-savings. In this re- United States. programs. Indeed, from 1956 to 1993, our gard, I believe that it is important to In the short run, nearly 80 percent of share of official development assist- remember that the Agency constitutes AID’s grants and contracts go directly ance worldwide has dropped from 63 to only 6 percent of the total function 150 to American firms and private organi- 17 percent. Our current effort, then, is budget but accounts for 58 percent of zations. This creates American jobs, inadequate. This bill makes it even the total savings wrung from the 150 encourages American exports, and ex- worse. And, as a result, it threatens account in the past 2 years. pands domestic prosperity. Over the our ability to protect the national in- USIA has accomplished these savings longer run, our current and prospective terests I identified at the beginning of by consolidating and restructuring its foreign assistance efforts help to create these remarks. own activities. USIA now has RIF au- future overseas markets for American Finally, Mr. President, I have to note thority and is in fact closing overseas goods and services in developing coun- the major irony involved in this pro- posts and bringing officers home, as tries. A built-in, long-term preference posal. This proposal to augment and well as cutting overseas and domestic for American exports bodes well for centralize the State Department is positions and staff. continued employment and prosperity made by precisely the same people who By bringing together all of the U.S. here as well. profess to believe that ‘‘big govern- Government’s international broadcast- So, Mr. President, the functions that ment’’ should be decentralized and ing activities, USIA will save more AID preforms are important. And the made more flexible. than $400 million by fiscal year 1997 question now is whether we can con- Let me conclude, Mr. President, with and eliminate 1,250 staff positions. By tinue that work in a new organiza- this simple observation. Destroying creating a new Information Bureau, tional structure. AID is not the way to accomplish our USIA has reduced its policy and pro- I do not think we can or need to for foreign policy objectives. It would not gram staff by 30 percent for an annual three reasons. be efficient or effective, and we should savings of $10 million. And by stream- First, AID is already reorganizing. not do it. lining and downsizing its educational, The Agency is reinventing itself in f cultural, and management functions, order to become both more efficient USIA has wrought savings of almost and effective. Under the leadership of OPPOSING CONSOLIDATION OF $15 million and eliminated 186 positions its Administrator, Brian Atwood, AID USIA this year alone. has already cut its costs. Overseas, AID Mr. LAUTENBERG. Mr. President, I The fact is, Mr. President, signifi- will have closed 21 missions between oppose consolidating the U.S. Informa- cant, real cuts are being made by USIA 1994 and 1996. In its domestic oper- tion Agency. right now without consolidation. We ations, AID has eliminated 90 offices in We need to ask two questions about cannot extract more savings by merg- Washington. Overall, AID has cut 70 this proposal to abolish USIA and ing USIA into the State Department senior positions and reduced total staff merge its functions and personnel into without sacrificing the very programs by over 1,200. Moreover, AID is adopt- an expanded State Department. First, that support our foreign policy world- ing a new development strategy. Rec- will it result in a less costly set of in- wide in the new information age. ognizing that its limited resources formation, cultural and exchange, and Will consolidation enhance the effec- make it impossible to be all things to broadcasting programs in support of tiveness of the U.S. Government’s in- all people, it is targeting fewer coun- American foreign policy objectives? formation, broadcasting, and cultural tries for more intensive assistance. Second, will it enhance the effective- and exchange programs? I do not think While some may criticize this almost ness of these programs as we continue so for at least two reasons. triage-like approach, it certainly re- to readjust and redirect our foreign First, the budget cuts raised by this flects a willingness to adopt a leaner policy interests? bill for USIA—$118.6 million in fiscal focus to the problems it confronts. Mr. President, the answer to both year 1996 and an additional $81 million Second, the suggestion that the sav- questions is ‘‘no.’’ in fiscal year 1997—are general reduc- ings will come out of ‘‘administrative Let us look initially at the purported tions. In fact, they have nothing to do reforms’’ is simply not credible. As I cost-savings of merging USIA into the with consolidation and cannot be have indicated, AID has already scaled State Department. achieved by merging USIA into the back. I do not believe there will be sig- There is a seductive logic to the ar- State Department. To meet these nificant additional administrative sav- gument that merging USIA into the spending levels, the Agency will have S 11062 CONGRESSIONAL RECORD — SENATE August 1, 1995 to make deep cuts in its overseas pres- reau would be one of five under the As I think we all can recall, when ence and its core programs. control of an undersecretary also re- Senator Kennedy was running for Second, USIA was carved out of the sponsible for international narcotics, President, he talked about it being a State Department in 1953 to fulfill a law enforcement, political-military af- separate statutory agency. But when function—that of public diplomacy— fairs, humanitarian assistance, refu- the time came and he was President, that the State Department is inher- gees, and migration affairs. We believe then the question came up whether he ently unable to perform. USIA was ex- that what can only be described as a had the votes for it to be made a statu- panded in 1978—when State’s Bureau of jumbled reorganization would be in tory agency or whether it should be set Cultural Affairs was abolished and its error that could prove very costly to up by Executive order. functions given to the Agency—when our Nation, and to our arms control ef- The decision made, on the rec- the State Department could not give forts, for several reasons. First, this ommendation of Arthur Schlesinger, at high priority to programs that promote major downgrading of the arms control that time to the President was that he unofficial contacts between U.S. public apparatus at a time in which major stick to his guns and that we have it as opinion leaders and their foreign coun- threats to our security are becoming a separate statutory agency. This was terparts overseas. both more diverse and more challeng- a decision that President Kennedy In other words, Mr. President, merg- ing is a dangerously shortsighted ac- made at that time. I believe that deci- ing USIA back into the State Depart- tion. Second, it would muffle, if not si- sion really came out of the conversa- ment flies in the face our historical ex- lence, the arms control voice at several tions Senators Clark, Humphrey, and I perience. It is being proposed at pre- major levels. Third, it would deny the had with him then. cisely the time when the benefits of Secretary of State and the President McGeorge Bundy, who served both our cold war labors—democracy-build- the benefit of an independent perspec- Presidents Kennedy and Johnson as ing world wide—are just beginning to tive and judgment on arms control and National Security Adviser, recalled the be realized in such far-flung places as nonproliferation issues. For these and decisions on ACDA earlier this year in Haiti, Angola, and Cambodia and re- other reasons, it would be inevitable testimony on this bill. He spoke of quire active, effective public diplomacy that our ability to identify and imple- ‘‘the requirements for first-class execu- from USIA. ment effective arms control and non- tive branch performance in the field of Finally, I note that—at a time when proliferation activities would be dimin- arms control. These requirements are businesses across America are creating ished to the detriment of our national well met in the present executive ar- more flexible, less centralized organi- security interests. rangements; they could be met only by zational structures, and we are seeking The amendment would require a seri- most improbable good luck if the pro- to emulate this move in the Federal ous and comprehensive effort to elimi- posal before you (S. 908) should be Government—it is hard to understand nate duplication and overlap within adopted.’’ Mr. President, no American has left a why any of my distinguished col- and between the Arms Control and Dis- greater mark on arms control in the leagues on the other side of the aisle armament Agency and the Department modern era than Ambassador Paul H. would advocate creating a mega-bu- of State, while preserving the agency’s Nitze. In a long and illustrious career, reaucracy in the State Department. independence and authorizing the ap- I urge my colleagues to oppose con- propriation of necessary operating he has served Democratic and Repub- solidating USIA. funds. lican administrations alike. He under- Ms. SNOWE. Mr. President, I would In the course of committee markup stands fully the value of ACDA within now like to ask for the yeas and nays of the legislation, I offered an alter- any executive branch. He wrote me on on amendment 2042, the amendment native proposal—that the Arms Con- July 6 to say: ‘‘This reorganization I that is pending before the Senate. trol and Disarmament Agency be re- believe to be ill-advised; folding the The PRESIDING OFFICER. Is there a tained and strengthened. At that time, U.S. Arms Control and Disarmament sufficient second? my proposal was supported only by my Agency (ACDA) into the State Depart- There is not a sufficient second. Democratic colleagues. The amend- ment seems to me to be unnecessary Ms. SNOWE. I yield the floor. ment I intend to offer is more modest and unwise.’’ Mr. PELL addressed the Chair. in that it does not shift important non- I think when a man of wisdom and The PRESIDING OFFICER. The Sen- proliferation responsibilities to ACDA. experience and the depth of knowledge ator from Rhode Island. Rather, it preserves the present rela- of arms control, as in the case of Paul Mr. PELL. Mr. President, I intend at tionship, leaving the issue of the fur- Nitze, takes a view like this, we all the appropriate time to offer amend- ther strengthening of ACDA to be re- should take his view seriously. Ambassador Nitze continues, ment No. 1964 on behalf of Senators solved later. It also authorizes appro- In my experience as an arms control nego- HATFIELD, GLENN, SIMON, and BIDEN, priations of $45 million in fiscal year and myself that would amend S. 908 in tiator, I always found ACDA’s input into the l996 and in fiscal year l997, which al- negotiating process to be expert, insightful, order to retain the independence of lows for spending at current levels. and uniquely helpful. That input could well ACDA from the Department of State. I hope that a number of Senators of be lost if the Agency does not remain inde- The State Department authorization both parties—not just one, but both pendent. As recent events in Iraq, Iran, and bill, S. 908, would, as reported, make parties—who understand arms control North Korea show, nonproliferation and meaningless serious and comprehensive and nonproliferation issues and appre- arms control are more important than ever. efforts in recent years to strengthen ciate the value of ACDA as a special- Eliminating ACDA from the diplomatic ef- and revitalize ACDA. Moreover, it ized agency at the center of these is- fort to protect our security would be like would have this unfortunate effect sues will join in supporting the amend- eliminating the Marine Corps from the mili- tary effort. While it will never replace its without any significant savings with ment. larger brethren on the foreign policy team, respect to ACDA. As a result, its true Arms control activities were handled ACDA plays an essential role as a lean and price would be high. within the Department of State until flexible vanguard, always ready to aggres- As an aside, commenting on the 1961, when it was decided that a sepa- sively counter the threat weapons of mass words of the Senator from Maine, I ap- rate agency would be a better ap- destruction pose to our national security. preciated her kind words about the proach. As the final decisions were Paul Nitze concluded, Foreign Service, being the only For- being considered, I remember going to The game has changed, but the stakes are eign Service officer in the Senate. I the White House with the Senator from at least as great; our national survival still think all of us recognize what the For- Minnesota, Mr. Humphrey, and the hangs in the balance. We should be eign Service does, and I appreciate the Senator from Pennsylvania, Mr. Clark, strenthening our nonproliferation team, not comments of Senator SNOWE. to make the case that arms control abolishing it. ACDA is a key part of the best S. 908 as reported from the Commit- was a matter of such central impor- team possible to face the real and growing threat of nuclear, chemical, and biological tee on Foreign Relations, would abol- tance to the United States that it terrorism. In this new era of opaque and un- ish ACDA and place the retained func- should be the responsibility of an agen- predictable threats to our security, the vigi- tions and personnel in a single bureau cy created by and operating under stat- lance that saw us through the Cold War of the Department of State. That bu- ute. should not be relaxed. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11063 (Ms. SNOWE assumed the chair.) merge ACDA into State. That subse- these matters and what can be done to Mr. PELL. Madam President, I ask quently rejected plan is the progenitor deal with them. unanimous consent that the full text of of the current majority plan to merge I am convinced that ACDA is on the Ambassador Nitze’s letter be printed in ACDA into State. right track now. Having decided to the RECORD at the conclusion of my re- After their review, the President, on strengthen ACDA, it makes no sense marks. the recommendation of Secretary now to abolish the agency and give its The PRESIDING OFFICER. Without Christopher, decided to retain ACDA unique and specialized responsibilities objection, it is so ordered. and support the bill I had introduced as to the Department of State. Within (See exhibit 1.) soon as some compromises were very real budgetary constraints, we Mr. PELL. Madam President, the reached. That was done and the bill, need to stay the course and continue to need for first-class arms control per- with bipartisan support in both Houses strengthen ACDA. Our amendment formance has not always been recog- was enacted last spring. These are the would do just that. nized. Accordingly, in the past 34 highlights of the revitalization legisla- Mr. McGeorge Bundy also told the years, the agency has had its ups and tion, which is now law. committee: downs, but it has been central to some The bill enhanced the role of the Arms control—especially the limitation of successes, including the Non-Prolifera- ACDA in the areas of arms control and nuclear danger—is not easy. It requires tion Treaty, SALT I Interim Agree- nonproliferation policy and negotia- agreement among sovereign states who often ment, Anti-Ballistic Missile [ABM] tions in several ways: First, ACDA was fear and mistrust each other. It can require limits on weapons that a military service Treaty, Biological Weapons Conven- given primary responsibility for all tion, Senate agreement to the 1925 Ge- may initially prefer not to limit. It requires arms control negotiations and imple- technical understanding, political sagacity, neva Protocol, Intermediate Range Nu- mentation fora, including negotiation clear Forces [INF] Treaty, Threshold and coordination from the White House. of a comprehensive nuclear test ban; What I would emphasize in particular, from Test Ban Treaty, Peaceful Nuclear Ex- second, positions for Presidential Spe- my own service with two Presidents who plosions Treaty, and the Chemical cial Representatives for Arms Control, were deeply and directly engaged in the ef- Weapons Convention now pending be- Nonproliferation, and Disarmament fort to limit nuclear danger, is that there fore the Senate. While ACDA was not were created and placed under the must be a close and continuous relation be- in charge of START I or START II, it tween the President and his staff and the ACDA Director; and third, ACDA’s role main center of arms control analysis and ef- did the bulk of the backstopping work. in nonproliferation was underscored by It is worthy of note that ACDA has fort. The government’s senior people on arms giving the Agency primary responsibil- fought alone in some key matters. The control should have easy access, as a matter ity for managing U.S. participation in State Department opposed negotiation of right and expectation, to the White House. the 1995 review conference of the Nu- of the Non-Proliferation Treaty in The value of independent access to clear Non-Proliferation Treaty and pri- order to please NATO allies. ACDA per- the President as cited by Mr. Bundy mary responsibility for other non- severed and won. When the State De- cannot be overestimated. Many arms proliferation activities when so di- partment wanted to eviscerate the control and nonproliferation matters rected by the President. ABM Treaty in the early 1980’s, ACDA should be considered at the inter- fought for the traditional interpreta- The bill improved ACDA’s role re- agency level and decided by the Presi- tion. Recently ACDA and the Energy garding arms transfers and non- dent. To put arms control at a lower Department have been supportive of proliferation. ACDA was given manda- level within the Department of State the current nuclear testing morato- tory prior consultation and review would mean that the arms control rium and of a comprehensive test ban. rights with respect to export licenses voice would be muffled and key ques- The State and Defense Departments and other matters under both the Arms tions could be dealt with inside the De- have been the foot draggers. Recent Export Control Act and the Nuclear partment. Under the present and pre- press reports allege that the adminis- Non-Proliferation Act. ferred arrangement, the Director is the tration sided with the Secretary of De- The bill strengthened the functioning principal adviser on arms control, dis- fense and the Joint Chiefs of Staff of the Agency by eliminating a number armament, and nonproliferation mat- against ACDA and the Energy Sec- of outdated or redundant reporting re- ter to the President, the National Se- retary in its decision not to agree with quirements and by disbanding the Gen- curity Council, and the Secretary of the Russians to negotiate further stra- eral Advisory Committee, thereby per- State. Thus, the Agency can be ac- tegic arms cuts beyond START II. mitting the Agency to reassign person- tively engaged and effective at what- In 1991, the Bush administration did nel to other substantive areas. ever level is appropriate. not seem to hold ACDA in particular The results of the strengthening and Much is made of the notion that regard, and there was a general sense revitalization are beginning to be seen. abolishing agencies such as ACDA will on the Hill that ACDA was both insig- Officials of ACDA are effectively in- save large funds. The ACDA budget is nificant and ineffectual. Senator SIMON volved in bringing an arms control per- currently about $55 million. ACDA’s proposed, and the committee and Sen- spective to executive branch decision- core spending would remain at about ate agreed to, an amendment requiring making at various levels. The Agency $45 million under my amendment. The that the State/ACDA inspector general, was in charge of the critically impor- Vice President has set about the task Sherman Funk, investigate ACDA and tant and successful effort this spring to of making all feasible reductions report back with recommendations in secure the indefinite extension of the throughout Government, and indica- December 1992. Mr. Funk ordered a Non-Proliferation Treaty. The Agency tions are now that significant cuts can very thorough study and analysis by an is currently running the efforts to be made. With regard to ACDA and the outside panel headed by Ambassador achieve a comprehensive test ban in State Department overlap, it is clearly James Goodby. That panel explored all negotiations in Geneva. The Agency re- largely within the Department, and the options, including merger into cently submitted a remarkably de- there can be reasonable savings in State and concluded that ACDA should tailed and informative annual report to areas in which the Department dupli- be kept independent and strengthened. Congress that included a section deal- cates ACDA pointlessly. Beyond that, The importance of the independence ing with the adherence of the United it is hard to imagine cuts that would of ACDA can not be overemphasized. States to its arms control commit- not simply mean the termination of This was the same logic that President ments and the compliance of other na- important programs. Kennedy used when he said it should be tions with their obligations under arms I conclude that there could be some a statutory agency and it should be control agreements. Any Senator read- relatively insignificant savings real- separate, and why he made the decision ing this compliance report, in either ized from the merger of ACDA into to have it set up by statute. classified or unclassified form, would State, but the results would not be an Subsequently, I introduced legisla- have to agree that ACDA is on top of improvement. It would amount to dol- tion to strengthen and revitalize various arms control problems and lars saved very foolishly—at an unfor- ACDA. At the same time, the new ad- that it is willing to be open and forth- tunately high price. Too much is at ministration was considering a plan to right with the Congress regarding stake. We should not take steps that S 11064 CONGRESSIONAL RECORD — SENATE August 1, 1995 could lead to risks to our national se- tiative to reorganize our foreign affairs mous consent to have printed a letter curity. In a challenging and threaten- agencies—the time has come to re- to the President of the United States ing international environment, reason- structure the Department of State, from a series of groups with respect to able amounts spent on ACDA can only USIA, and ACDA to better serve Amer- this legislation. be seen as a sound investment. ican interests abroad in the new post- There being no objection, the mate- EXHIBIT 1 cold-war world. rial was ordered to be printed in the THE PAUL H. NITZE SCHOOL The combination of diminishing re- RECORD, as follows: OF ADVANCED INTERNATIONAL STUDIES, sources and increased international PLANNED PARENTHOOD, Washington, DC, July 6, 1995. trade and economic competition re- July 26, 1995. Hon. CLAIBORNE PELL, quire us to revise our priorities and ap- President WILLIAM JEFFERSON CLINTON, Senate Office Building, Washington, DC. proach and restructure our institu- The White House, Washington, DC. DEAR CLAIBORNE: As a long term observer DEAR MR. PRESIDENT: We urge you to op- tions. pose all efforts to prevent the United States of U.S. foreign and security policy, I write to During my tenure on the Foreign Re- you in opposition to the foreign affairs reor- from sending an official delegation to the ganization bill soon to be considered by the lations Committee and now on the For- United Nations Fourth World Conference on Senate. This reorganization I believe to be eign Operations Subcommittee, I Women, to be held in Beijing, China in Sep- ill-advised; folding the U.S. Arms Control reached the same conclusion that tember. The UN Conference on Women is pre- and Disarmament Agency (ACDA) into the many of my colleagues did—foreign aid dicted to be the largest UN conference ever State Department seems to me to be unnec- is almost as unpopular as it is mis- held; 184 government delegations and over essary and unwise. understood. 6,000 NGO representatives are expected to at- In my experience as an arms control nego- Time and time again I have addressed tend the UN meeting. The Conference will tiator, I always found ACDA’s input into the adopt a Platform of Action which outlines audiences that really believe that for- critical actions governments must take to negotiating process to be expert, insightful, eign aid represents at least 50 percent and uniquely helpful. That input could well advance women’s rights and access to re- be lost if the Agency does not remain inde- of our budget—if we just scaled it back sources in many areas including health, edu- pendent. As recent events in Iraq, Iran, and to 5 percent we could balance the budg- cation, economics, human rights and the en- North Korea show, nonproliferation and et. vironment. Our organizations—representing arms control are more important than ever. Well, as most of us know, foreign aid millions of Americans—are deeply concerned Eliminating ACDA from the diplomatic ef- hovers around 1 percent of the Federal about attempts to stifle US participation in fort to protect our security would be like this important global conference. budget, and is shrinking by the day. In response to recent reports of increases eliminating the Marine Corps from the mili- So why do so many people have the tary effort. While it will never replace its in the number of human rights abuses in wrong impression? China, there are efforts currently underway larger brethren on the foreign policy team, I think the problem stems from the in the Senate and House of Representatives ACDA plays an essential role as a lean and fact that no one really knows what we to block participation of a U.S. delegation flexible vanguard, always ready to aggres- the UN Conference on Women. We strongly sively counter the threat weapons of mass do abroad or why? Sure they under- believe that human rights abuses in China destruction pose to our national security. stand emergency food and medical sup- and in all nations must be confronted di- The global security environment has port to a country that is experiencing rectly. Our organizations abhor infringe- changed radically in recent years. The pro- an earthquake or similar natural disas- ments upon the basic human rights of all liferation of nuclear, chemical, and biologi- ter. people. At the same time, we find the abuse, cal weapons and the increasing flow of mate- But what does sustainable develop- suffering and inequities faced by millions of rials and know-how from the former arsenals ment mean and why is it important? women worldwide equally distressing. The of communism are now the chief threats to Why are we the largest contributor purpose of the Fourth World Conference on our nation. ACDA has been the champion of to global family planning programs? Women is to assess progress made in improv- nonproliferation within the U.S. Government Do we really need to fund the Inter- ing women’s status and seek real solutions for more than thirty years. Without the 1968 to bringing women out of the cycle of pov- Treaty on the Non-Proliferation of Nuclear national Office of the Vine and Wine? erty, inequality and discrimination that con- Weapons (NPT) the number of aspiring nu- I share the view of many Americans tinues to entangle so many women and their clear powers confronting us today would be that think our aid does not support families. an order of magnitude greater. The NPT clear cut U.S. interests. And, central to American women should not be denied the would never have been achieved without an this problem is the disconnect between voice of their government at this high level independent ACDA balancing the bilateral the agencies administering foreign aid international meeting. There are appropriate interests promoted by the State Department. and foreign affairs. vehicles for dealing with this matter includ- Just two months ago, ACDA led the inter- I commend Senator HELMS for his ing multilateral and bilateral policy discus- agency effort which made the NPT uncondi- ambitious effort to reorganize our bu- sions with the Chinese—not in the context of tionally permanent. Organizing consensus reaucracy to better serve our interests. a world conference about women’s issues. for indefinite extension among the nearly 180 The matters of women’s health, human parties to the NPT was a great diplomatic His proposal to integrate our aid and rights, education, employment and political victory for the United States. An independ- interests in one agency closely tracks status are much too important for the U.S.— ent ACDA proved it could succeed in a post- legislation I introduced earlier this or any nation—to ignore by sitting on the cold war leadership role that would have year. I also support his emphasis on sidelines of this prominent forum. The U.S. been impossible for it to play as part of the our trade and economic interests—as- would be doing an injustice not only to State Department. suring each regional bureau actually American women but to all the world’s The Soviet Union has collapsed under the has a deputy responsible for trade and women, if its voice is silent in Beijing. weight of its own bankrupt ideology and the The decision to hold a women’s conference global threat of communist aggression has development will enhance our global standing and performance. in Beijing was made years ago by many na- shattered. But the technology (and even the tions and agreed to by former U.S. President very weapons and materials) used by the The reforms outlined in S. 908 are es- sential to rebuilding American con- George Bush and then Secretary of State communists to threaten our way of life con- James Baker. While many would prefer that tinue to endanger our nation, only now the fidence in our foreign aid programs. this conference be held elsewhere, especially danger comes from many sources instead of The bill reduces waste and expensive now that the Nongovernmental (NGO) one. The game has changed, but the stakes duplication of agency efforts. And, in Forum has been forced to a less than ade- are at least as great; our national survival scaling back and focusing our resources quate site some distance outside of Beijing, still hangs in the balance. and effort, we will strengthen the co- we believe that U.S. attendance is critical. We should be strengthening our non- In fact, it would be a victory for China, proliferation team, not abolishing it. ACDA herence and effectiveness of our pro- which does not want to be criticized, for the is a key part of the best team possible to grams and policies. U.S. to be absent from this international face the real and growing threat of nuclear, Mr. HELMS. Madam President, I ask event. What better forum to highlight wom- chemical, and biological terrorism. In this for the yeas and nays on the pending en’s abuses in China and all other nations, new era of opaque and unpredictable threats amendment. than this global conference of government to our security, the vigilance that saw us The PRESIDING OFFICER. Is there a delegates, NGOs and media? The U.S. has through the Cold War should not be relaxed. sufficient second? been a leading advocate on human rights and Sincerely, There is a sufficient second. democracy. Further, it has been one of the PAUL H. NITZE. The yeas and nays were ordered. strongest voices at the UN for NGO access Mr. MCCONNELL. Madam President, Mr. KERRY. Madam President, prior and accreditation. Restricting U.S. partici- I strongly support Senator HELMS ini- to the Senator proceeding, I ask unani- pation in the Conference would undermine August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11065 our ability to use this conference as an op- eign relations. This bill also stream- bers of our committee. In that internal portunity to pressure China on democracy lines the delivery of services by elimi- staff meeting, the staff was advised and human rights issues. nating three agencies and consolidat- that ‘‘Our strategy is delay, postpone, We, the undersigned, represent a wide ing their remaining functions within obfuscate, derail. If we derail [the bill], array of citizen-based groups working to im- prove the lives of all people. We focus on is- the Department of State. I believe this we can kill the merger.’’ sues concerning human rights, economic and will strengthen the role of the Sec- This has nothing to do with the mer- social development, health, environment and retary of State and will enhance his its of this particular proposal. It has to women’s rights. ability to organize a foreign policy do with the preservation of the bu- We urge you to oppose all efforts to pre- structure that will best serve our Na- reaucracy. The American people de- vent or restrict in any way the United tion. serve better from public servants than States’ full participation in this conference. We will not be well served by a for- to sit around the conference rooms of Sincerely, eign policy that continues to flow from these agencies figuring out how to de- American Friends Service Committee, American Association of University Women, the mouths of many. This is a very im- rail, obfuscate and delay the will of the The African-American Institute, Bay Area portant issue, and one that the full American people. Friends of Tibet (San Francisco), Center for Foreign Relations Committee ad- The American people not only de- Women’s Global Leadership, Rutgers Univer- dressed on several occasions with wit- serve a sound foreign policy, they de- sity, Douglass College, Centre for Education, nesses appearing from the Agency for serve to have individuals operating in Development, Population, and Population International Development [AID], U.S. our agencies so as to comply with the Activities, Chesrown Metzger International Information Agency [USIA], and Arms will of the Congress and the people, as Group, Childhope, Church Women United, Control Disarmament Agency [ACDA]. expressed through the Congress. Coalition for Women in Development. An entrenched group of Government Delegation of Original Women of Philadel- I found it interesting that some wit- phia (DOWOP), The Development Gap, Fam- nesses indicated that it was important bureaucrats has been diligent in their ily Care International, Feminist Majority that separate sub-interests of the Unit- efforts to hold the line at any cost, by Foundation, Friends of the Earth, Heifer ed States be represented vocally and stonewalling and delaying the process. Project International, The Hunger Project, that there be a competition of sorts—a This represents precisely the attitude InterAction, Institute for Policy Studies, ‘‘good-cop, bad-cop’’ approach to for- of Government that this last election International Center for Research on Women eign policy, whereby the folks who was designed to change. (ICRW). handed out the foreign aid for the Unit- People have signaled very clearly a International Committee of Lawyers for ed States would maintain good rela- distaste for this. They not only want Tibet (San Francisco), Laubach Literacy our Government to reflect their wishes, International, MAP International, Ms. Foun- tions with a particular client nation, dation for Women, National Audubon Soci- while the Department of State would they want the Government, when it re- ety, The National Black Women’s Health essentially hold the line in protecting flects the America interests abroad, to Project, Oxfam America, People for the United States interests. do so coherently, concisely, and clear- American Way, Planned Parenthood Federa- I find that to be somewhat trouble- ly. tion of America, Population Action Inter- some. I think we need to speak with a They think if we have a single voice national. single voice. I do not think someone in foreign policy representing the ad- Population Communication, Save the Chil- should be handing out foreign aid to a ministration, be it Republican or Dem- dren, Tibetan Association of Boston, Tibetan ocrat, that single voice is most likely Association of Northern California, Tibetan country at a time when that very coun- Rights Campaign (Seattle), Tibetan Women’s try is clearly acting against our inter- to get the job done, rather than if we Association/East Coast (New York), United ests. have competing agencies, an agency Church of Christ, Board for World Ministries, If we continue with a foreign aid pro- handing out foreign aid resources, an- United Church of Christ, Coordinating Cen- posal, it should be with an understand- other agency asking for cooperation in ter for Women, U.S.-Tibet Committee (New ing that the person asking for coordi- some other area of the international York), Utah Tibet Support Group (Salt Lake nation and cooperation in one arena is arena. City), World Women in Development and En- the same person that will be delivering There is another point that ought to vironment. foreign aid and the kind of assistance be made here, and that is while there Mr. ASHCROFT. Madam President, I that this country gives to other na- has been wild speculation that this ask unanimous consent that such time tions that are developing. consolidation plan and the correspond- be provided for me to speak in regard The network of competing fiefdoms ing reductions in some foreign assist- to this matter, Senate bill 908. can only undercut the authority of the ance accounts is undertaken, somehow The PRESIDING OFFICER. Without Secretary of State in conducting for- our national prestige will be threat- objection, it is so ordered. eign policy. This bill will change that. ened. I think it is important to under- Mr. ASHCROFT. Madam President, It would be difficult to believe that stand that national prestige is rein- the Foreign Relations Revitalization those individuals who have tried to forced and enhanced when we operate Act of 1995 represents an important represent our interests with a singular, with a clear, coherent, concise, under- step in establishing a coordinated and clear voice, would not favor this reor- standable foreign policy. Speaking out coherent foreign policy and a ganization. Thus, it is no accident that of both sides of our mouths may be a refocusing of our national priorities in virtually every previous Secretary of habit that is understood politically in this time of limited resources. State who has had experience in this the United States. It is really not ap- We need our foreign relations to be arena supports this bill. preciated by the American people. It is conducted at the highest level of inte- I believe that it is no accident that certainly not appreciated in the inter- gration and coordination, and the high- all the former Secretaries of State that national community, when various or- est level of representation of the inter- came to speak with us supported this ganizations from this country mis- ests of this country and of the Amer- concept, and supported it very clearly, represent our stated policy. ican people. And a top priority must be as did the current Secretary before his On the related topic of our national to ensure that our influence is used to voice was muffled by the Vice Presi- prestige, it is my sense that our stock benefit our interests and to ensure re- dent and others who suggested that will rise on the exchange of the world’s spect for American leadership. perhaps he should not have that opin- international community, when we let Senate bill 908, the Foreign Relations ion. them know that we intend to seriously Revitalization Act of 1995, is a bill Sadly, rather than grab the oppor- address our responsibilities. which will do that. tunity to play a constructive role in This reorganization plan correctly I want to commend the Presiding Of- helping to shape this proposal, the ad- recognizes the fact that there is a di- ficer, and the chairman of the commit- ministration sought instead to adopt a rect correlation between our inter- tee, Senator HELMS, for his guidance fighting posture, a fixed-bayonet, take- national prestige and our ability to ex- and direction in crafting this impor- no-prisoner strategy. press ourselves with clarity. Second, it tant legislation that eliminates pro- I was particularly troubled by the se- recognizes a direct correlation between gram duplication and establishes a cret minutes of an internal AID staff our international prestige and the fis- sense of clarity in the conduct of for- meeting that were provided to mem- cal health of this country. S 11066 CONGRESSIONAL RECORD — SENATE August 1, 1995 If we do not have the ability to put I remember when the leaders of the ting street lights in Moscow, particu- our financial house in order, we will so-called foreign policy establishment larly at a time when Moscow was not be respected by countries around of this administration came to talk to spending billions of dollars grinding up the world. If we continue to race down the committee about the North Korean the people of Chechnya. I wonder. the road to bankruptcy, our influence situation and the problems which we Again, it is a question of establishing will not be substantial. had negotiating with the North Kore- priorities. This is the first authorization meas- ans over nuclear issues. I asked the In closing, and with great enthu- ure to come before the U.S. Senate leadership of this administration’s for- siasm, I want to draw attention to the that makes good on the promise we ex- eign policy what it was about the way key features of this reform legislation. tended to the American people when we we solved that problem that would sug- It says we do not have unlimited re- passed the budget resolution; that is, gest to the rest of the world that we sources, we need to set priorities, and to have a balanced budget, to put our should not do the same things that the we need policy, and policy should not financial house in order. I submit to North Koreans had done. They said, be articulated by contradictory mes- you that living within those rules and ‘‘Well, nothing. We think this is a sages issued by a variety of organiza- setting our priorities, financially as unique situation, and it will not never tions. It says we must maximize our in- well as refining and clarifying our mes- happen anyplace else.’’ So we could af- fluence, and in order to maximize our sage in the international community— ford to make this a very sweet deal for influence, let us not speak with many all of these things have no promise the people who went against the U.S. voices in contradictory messages; let whatever other than to raise the pres- interest because it could never happen us speak with one voice so those who tige of the United States and to set an again. deliver the benefit can also be those example in the world community that I submit to you that is not foreign who ask for the cooperation. we should be responsible. policy. It may have temporarily solved It says that we in the United States Unfortunately, there are those in that problem. But that is not policy. of America will not sacrifice without this country who think that there can- That is just pragmatism at the mo- expecting others to sacrifice along with not be any cuts at all in the foreign re- ment, and does not look down the road. us, because ultimately when we have lations area. And the lobbyists came We need a foreign policy, and we need the kind of fiscal integrity that we around with their buttons saying ‘‘Just a Secretary of State with the capacity ought to have, the entire world will 1 percent.’’ They said that since our to articulate that foreign policy with benefit. When our house is in order, we foreign aid budget represents only 1 clarity, with singularity, and coher- will be the leader that provides the percent of the total Federal budget, it ently around the world. kind of message and the kind of oppor- The administration has pursued a cannot be touched. I just want to point tunity around the world which will lift ‘‘Chicken Little’’ approach to denounc- out that the ‘‘Just 1 percent’’ is actu- the performance of many nations with ing the reorganization plan by issuing ally $14.3 billion. And I believe it can us. a series of gloom and doom forecasts be touched. We cannot spend as we have in the about how passage of this bill will re- past in ways that are counter- Should it be abolished? I am not in sult in damaged American prestige favor of abolishing foreign assistance. productive. As the world desperately abroad and the possible emergence of needs a leader—and there is only one— But I am in favor of sending a signal more Rwanda-type situations. around the globe that when American the United States must revamp its ca- Well, it is just not so. The sky will pacity to deliver that leadership with citizens are tightening their belts, and not fall if the Arms Control and Disar- exercising fiscal responsibility, there clarity and coherence, and the Foreign mament Agency is abolished. At the Relations Revitalization Act does that. will be some ripple effects in terms of present time, the State Department, our aid. Not that we are going to shut I urge my colleagues to vote for this the Defense Intelligence Agency, and measure, because it is a major step for- anything down, not that we are going the CIA all have departments that are to change our policy dramatically, but ward in our world leadership respon- dedicated to pursuing arms-control-re- sibilities. we need to send a clear signal that the lated functions. We have the ability to shared sacrifice here at home should be Thank you, Madam President. handle these issues in a coherent, ra- Mr. HELMS addressed the Chair. matched by a certain degree of sac- tional, integrated, coordinated way if rifice around the world. If we did not The PRESIDING OFFICER. The Sen- we make the changes that are in this ator from North Carolina. have the courage to ask them to par- important legislation which is before ticipate in that respect, they would Mr. HELMS. Madam President, be- us. fore the distinguished Senator from lose some of their admiration for the It is time that we prioritize. Some Missouri leaves for the policy lunch- way we do business and they would lose said we cannot afford to reduce our for- eon, I want to say that he has made an some of their respect for us, and we eign aid at all in 1993. AID helped fund extraordinarily brilliant speech. He has would lose some of our ability to influ- a visit to the United States by a group said it all, and he said it well. If I may ence events around the world. of Romanian architects so they could reminisce just one moment, one of the This administration seems to be fol- study U.S. architecture. Was this a pri- first people I met in another State lowing the same path as the foreign aid ority for a country whose economic in- after I came to the Senate was a young lobbyists leveling charges that this frastructure was devastated by 40 years man in Missouri named JOHN commonsense reform bill represents a of Communist rule? I doubt it. ASHCROFT. I went to Missouri to work dangerous shift toward isolationism. It Last week, the Washington Times re- with him on a little matter. I have ad- is not a shift toward isolationism but ported that AID recently spent $175,000 mired him ever since. He has had a dis- rather a shift toward the development to produce 3,000 of these gender analy- tinguished career, and he has already of respectable foreign policy. We have sis tool kits. dealt with foreign situations but we I think the American people might begun a distinguished career in the have not had foreign policy. Policy is wonder if the purchase of gender analy- U.S. Senate. I thank the Senator. something that is coherent, that sticks sis tool kits is the right kind of prior- I yield the floor. together, that you can forecast, that ity setting. f you can predict. It has a philosophy AID even floated a plan to help sup- about it. We have too many lawyers in ply Moscow with street lamps. I know RECESS the process and too few philosophers. that crime has gotten to be a problem The PRESIDING OFFICER. Under We solved this problem, and we solved in Moscow. But it is a tough sell to say the previous order, the Senate will now that problem, and we solved this other to the people of the United States of stand in recess until 2:15 p.m. problem. But we never do it in accord- America, some of whom live in inner- Thereupon, at 12:50 p.m., the Senate ance with a philosophy. And the philos- city neighborhoods in the United recessed until 2:14 p.m.; whereupon, the ophy should be a philosophy which States that make Moscow after dark Senate reassembled when called to keeps us from having additional prob- look like a trip to Disney World, that order by the Presiding Officer (Mr. lems. we should spend millions of dollars put- COATS). August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11067 FOREIGN RELATIONS ference leadership floated the defini- VOTE REVITALIZATION ACT OF 1995 tion: The PRESIDING OFFICER. The The Senate continued with the con- Gender refers to the relationship between question is, Is it the sense of the Sen- sideration of the bill. women and men based on socially defined ate that debate on S. 908, the State De- roles that are assigned to one sex or the partment reorganization bill, shall be AMENDMENT NO. 2033 other. Mrs. HUTCHISON. Mr. President, brought to a close? Delegates pressed for bracketing the yesterday I proposed an amendment to The yeas and nays are required. word gender until a definition could be instruct the United States delegation The clerk will call the roll. agreed upon. Bella Abzug of the U.S. as to the sense of the Congress regard- The legislative clerk called the roll. delegation in an angry speech con- The PRESIDING OFFICER. Are there ing the representative American per- tested the bracketing saying: any other Senators in the Chamber de- spective the United States delegation siring to vote? should promote at the United Nations We will not be forced back in the ‘‘biology is destiny’’ concept . . . the meaning of the The yeas and nays resulted—yeas 55, Fourth World Conference on Women word ‘‘gender’’ has evolved as differentiated nays 45, as follows: which will be held in Beijing, China from the word sex to express the reality that [Rollcall Vote No. 346 Leg.] from September 4 to 15, 1995. I am women’s and men’s roles and status are so- YEAS—55 pleased that the amendment was cially constructed and subject to change. adopted today by voice vote. Abraham Gorton Murkowski Many delegates became convinced Ashcroft Gramm Nickles My amendment instructs the U.S. that this move to refine gender was de- Bennett Grams Packwood delegates to recognize the importance signed to forward an entirely different Bond Grassley Pell Brown Gregg of motherhood, to uphold the tradi- agenda, and not to further the inter- Pressler Burns Hatch Roth tional family as the fundamental unit ests of ordinary women, the primary Campbell Hatfield of society upon which healthy cultures Santorum purpose of the Conference. Chafee Helms Shelby Coats Hutchison are built, and to define or agree with Simpson When many of these delegations Cochran Inhofe definitions of gender only as the bio- Smith sought to define gender as ‘‘male and Cohen Jeffords Snowe logical classification of male and fe- female, the two sexes of human being’’ Coverdell Kassebaum Specter male. that definition proved unacceptable to Craig Kempthorne Most Americans would be surprised D’Amato Kyl Stevens many Western nations and even the DeWine Lott Thomas to learn that an amendment of this na- U.S. delegation did not want to be Dole Lugar Thompson ture was even necessary. Most Ameri- bound by a two-gender definition. The Domenici Mack Thurmond cans would respond that of course a Faircloth McCain Warner United Nations responded to these con- Frist McConnell U.S. delegation to an international cerns by issuing a statement that said conference would be eager to uphold ‘‘gender is a relative concept’’ and its NAYS—45 the family as the fundamental unit of ‘‘roles can vary with time and cir- Akaka Feingold Leahy society and of course, that there are cumstance.’’ Baucus Feinstein Levin only two genders, male and female. Biden Ford Lieberman It is for that reason that my amend- Bingaman Glenn Mikulski However, the delegates to the Fourth ment sought to ensure that the U.S. Boxer Graham Moseley-Braun World Conference on Women have delegation agree with the definition of Bradley Harkin Moynihan made these simple concepts an issue, Breaux Heflin Murray gender as the biological classification Bryan Hollings Nunn and therefore, we need to be clear that of male and female, which are the two Bumpers Inouye Pryor our U.S. delegation represents the sexes of the human being. Byrd Johnston Reid Conrad Kennedy Robb views of most Americans. Mr. President, the purpose of my At the last preconference meeting, Daschle Kerrey Rockefeller amendment was to ensure that those Dodd Kerry Sarbanes held in New York City in March 1995, who represent the women of the United Dorgan Kohl Simon one nation suggested that the word States at a world conference on women Exon Lautenberg Wellstone ‘‘mother’’ be removed from the plat- must indeed be representative of the The PRESIDING OFFICER. On this form document and replaced with majority of the women in America. The vote, the yeas are 55, and the nays are ‘‘caretaker.’’ amendment which the Senate adopted 45. Three-fifths of the Senators duly What about the traditional family? today sends a strong message in sup- chosen and sworn, not having voted in We have heard a great deal of discus- port of motherhood and the family, and the affirmative, the motion is rejected. sion lately about families and the im- traditional values which have made Mr. HELMS addressed the Chair. portant role they play in the well-being America a great nation. The PRESIDING OFFICER. The Sen- of children and society. Conservatives ator from North Carolina. and liberals alike are lamenting the f Mr. HELMS. Mr. President, I am breakdown of the American family and CLOTURE MOTION going to give President Clinton an op- the dire consequences—such as in- portunity to micromanage the Senate creased crime, high teen pregnancy The PRESIDING OFFICER. Under Foreign Relations Committee. When he rates, drug use and lower educational the previous order, the clerk will re- is in the mood to have some ambas- performance which result from a port the motion to invoke cloture. sadors confirmed or some treaties con- breakdown in the family and family The legislative clerk read as follows: sidered, and that sort of thing, all he values. CLOTURE MOTION has to do is send word that he no On all sides of the political spectrum We, the undersigned Senators, in accord- longer believes in that memorandum there is a growing understanding that ance with the provisions of rule XXII of the that was circulated by the Agency for the family is the single most important Standing Rules of the Senate, do hereby International Development, the memo- factor in combating these problems. move to bring to a close debate on S. 908, the randum that said the way the adminis- State Department Reorganization bill: Finally, on the issue of gender Mr. Bob Dole, Jesse Helms, John McCain, tration is going to beat this bill is to President, this issue on its face seems Fred Thompson, Olympia Snowe, Jim ‘‘delay, postpone, obfuscate, derail.’’ ridiculous. At the March 15, 1995 Pre- Inhofe, Lauch Faircloth, Spence Abra- Well, his minions have done that in de- paratory Committee meeting for the ham, Trent Lott, Strom Thurmond, nying an opportunity to have cloture Fourth World Conference on Women in Larry E. Craig, Don Nickles, Mitch on this bill. Beijing, delegates prepared a draft McConnell, Bob Smith, John Ashcroft, Invariably, as the Senators know, platform. The word gender appears 184 Nancy Landon Kassebaum. and as one of the reporters said, the times in that document. The use of f shoe is on the other foot—and that is gender had never been an issue as a correct. But this is an important bill, majority of delegates assumed that the CALL OF THE ROLL and the budget requirements of the term did not need definition. The PRESIDING OFFICER. Under Foreign Relations Committee cannot In response to the various questions the previous order, the mandatory be met without this bill, or some bill about the definition of gender, the con- quorum call has been waived. very close to it. S 11068 CONGRESSIONAL RECORD — SENATE August 1, 1995 The point is that there has been no Mr. KERRY. Mr. President, I would am not as familiar with the bills as ob- cooperation extended. There has been a just like to say to the majority leader viously the managers are. lot of rhetoric, and that is the end of and to the distinguished chairman of So we will now move to energy and it. Mrs. Helms raised a dumb son, the Foreign Relations Committee, I re- water. And I will be very happy to maybe, but she did not raise a stupid spect and appreciate the decision of the yield to the distinguished Democratic one. I understand the name of the majority leader with respect to the bill leader if he wanted to make any com- game. The administration and its sup- that was just on the floor, but I want ments. porters have wanted this bill to die a the distinguished chairman of the For- Mr. DASCHLE. Mr. President, I quiet death. It is not going to die. It is eign Relations Committee to know would subscribe to what the majority going back on the calendar, but it will that the quote he read has already been leader indicated. None of the legisla- return. Just as MacArthur said, I will disavowed. It is not the policy of the tion contemplated for completion ex- return, the administration can count Democratic side, and that is not what cept perhaps welfare reform—we will on this bill’s return. we are trying to do with respect to this have to see where we are on that, but I will enjoy the Tuesdays and Thurs- bill. I think by and large the legislation days when we normally have business I would be happy to engage with the pending is all legislation that I am sessions of the Foreign Relations Com- Senator further as we have previous to hopeful we can work through. I am not as optimistic about the de- mittee. The bill will not be killed with this to try to see if we can arrive at gree to which we can work through the administration’s tactic. It is going some kind of understanding. It is an these very significant amendments on to keep coming back and back and important piece of legislation. We are DOD unless we have some understand- back until we get a vote. If the Senate not trying to avoid it altogether. But I ing as to what the timeframe may be votes down the bill, fine. That is fair think it was premature in its current and whether or not some of these enough. Or, if there is a move by Mem- state, and we would be happy to work amendments could be offered as bers of the Senate on the other side with the Senator from North Carolina who want to present a concrete alter- amendments to defense appropriations, in an effort to see if we can come up but there are very serious questions native, that will be fine. Or, if we can with a reasonable bipartisan approach. here that have to be addressed. And I get now what we did not get before, a f think Members ought to expect long commitment from the Vice President days and a Saturday session in order of the United States—you know, the THE SENATE’S SCHEDULE for us to accomplish all that the leader fellow who is in charge of reinvention Mr. DOLE. Let me indicate to my has set out for us to accomplish in the of Government—that he and his associ- colleagues now what we would like to next week and a half. ates will work with us, that will be do between now and the 12th of Au- Mr. DOLE. There will be a Saturday fine. If the President of the United gust—hopefully by the 12th, if not be- session. I appreciate the Democrat States indicates that he wants some yond the 12th; that is, to complete ac- leader mentioning that. ambassadors cleared and he wants his tion on the energy and water appro- f representatives in the Senate to co- priations, to complete action on the operate in jointly producing a bill, that DOD authorization bill, to complete ac- ENERGY AND WATER DEVELOP- will be fine. tion on welfare reform, to complete ac- MENT APPROPRIATIONS, 1996 But I appreciate the Senators on the tion on the DOD appropriations bill, Mr. DOLE. Mr. President, what is the Republican side, and I appreciate my and I am advised by Senators STEVENS pending business? good friend, Senator PELL, for having and INOUYE—we had a meeting in my The PRESIDING OFFICER. The Sen- voted for cloture in both instances office this morning—that could be done ate business is the energy and water today. appropriation bill, which the clerk will At a later time, I will have more to in one day. Marty was there, I might add, the Democratic leader’s represent- report. say, and I thank you, Mr. President. The legislative clerk read as follows: I yield the floor. ative. It was not a party meeting. They said what we could do. And there is A bill (H.R. 1905) making appropriations f also a hope, because we have had some for energy and water development for the fis- cal year ending September 30, 1996, and for MEASURE PLACED ON THE conversations that there may be re- other purposes. newed interest in getting some agree- CALENDAR—S. 908 The Senate resumed consideration of ment, if possible, on reg reform, that Mr. DOLE. Mr. President, I have indi- the bill. cated at our policy luncheon that this we can either finish it before we leave Mr. DOLE. Mr. President, let me in- bill will probably be brought up at a for the recess, or finish it when we are dicate that we are going to try to fin- later time. But I would now ask unani- back. ish this energy and water appropria- mous consent that the Department of So I would just say in the spirit of tions bill today. I have been advised by State reorganization be placed back on everybody trying, I know there are the managers that they think that can the calendar. going to be important amendments, be done. They have resolved one of the The PRESIDING OFFICER. Is there and I know they want them to be de- contentious issues. objection? Without objection, it is so bated. Everybody has that right. Mr. GORTON. Mr. President, I should ordered. According to the appropriators, the like to address one portion of that bill Mr. DOLE. Again, let me say to my DOD appropriators, many of these for just a few moments. colleague from North Carolina that we amendments that are going to be taken The PRESIDING OFFICER. The Sen- have indicated to him that this would care of in DOD authorization we will ator from Washington is recognized. be back up again. We discussed that treat the same in the appropriations Mr. GORTON. Mr. President, as we with the distinguished Senator from bill. It might speed up the process. So recommence the debate on the appro- Massachusetts, and the Senator from that would be very helpful. priations for energy and water, I Rhode Island. It is an important bill. I say to the Democratic leader, I do should like to express my appreciation But I think in the spirit of trying to not think we have tried to pile up too to the distinguished chairman of that get some things done—we can get on much here if everything goes well and appropriations subcommittee, the Sen- hopefully with part of the recess—this if we all cooperate on both sides. Most ator from New Mexico, and his col- is the best course to follow. of these issues involved are not par- league, the Senator from Louisiana, for So I thank my colleague from North tisan issues. They are policy issues the thoughtful and generous treatment Carolina for his agreeing with that pro- where you have Republicans and Demo- they have accorded to two projects in cedure. crats, particularly in DOD, maybe in the State of Washington that are of There will be votes throughout the this energy and water, you have Repub- great importance to that State. The day. licans and some Democrats on each subcommittee has approved and the Mr. KERRY addressed the Chair. side of the issues, so they are not par- Senate is now considering funding for The PRESIDING OFFICER. The Sen- tisan issues. There should not be any the Yakima River Basin water en- ator from Massachusetts. partisan roadblocks that I know of. I hancement project and the Columbia August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11069 Basin project. Each of them is bene- Mr. DOMENICI. Mr. President, I un- PRIVILEGE OF THE FLOOR ficial both to irrigators and fish and derstand the Senator from Tennessee Mr. JOHNSTON. Mr. President, I ask wildlife and the Yakima Indian Nation wants to wait a couple of minutes on unanimous consent that Dr. Robert in central Washington. the committee amendments, and we Simon be allowed the privilege of the Last year, under the leadership of the are going to obviously wait for that. floor during consideration of H.R. 1905, Senator from Louisiana, Congress But I might say to Senators that have the energy and water appropriations passed authorizing legislation creating expressed an interest in amendments, bill, and any votes thereon. the Yakima River Basin water en- the leader has asked us to get this bill The PRESIDING OFFICER. Without hancement project. This program will finished tonight, and there are two objection, it is so ordered. fund water conservation and storage Senators who have told me they have Mr. DOMENICI. Mr. President, I ask measures which will secure irrigation amendments. I hope they could get unanimous consent that the committee water supplies for farmers, help salmon here in the next few minutes and we amendments be agreed to, en bloc, ex- populations in the basin, and be of con- can get a reasonable time agreement cept as to the amendment found on siderable benefit to the Yakima Indian and vote on them. page 23, line 7, and the amendment Nation as well. Senator BUMPERS indicated he had a found on page 38, line 19, and that the Specific programs within the project gas-cooled reactor amendment. Maybe bill as thus amended be regarded as are the Cle Elum Reservoir, the Chan- we could just ask Senator BUMPERS’ of- original text for the purpose of further dler pumping and powerplant, the fice if he could come down and offer amendment, provided that no point of Kachess Dam and Reservoir, irrigation that and do that rather quickly. Sen- order shall have been waived by agree- and instream flow studies, enhance- ator JEFFORDS on the Republican side ing to this request. ment of tributaries water supplies and has a renewable resource amendment. The PRESIDING OFFICER. Is there environmental compliance activities. If Senator JEFFORDS could come objection? Further down the river, the Columbia down and share that with us so we can Without objection, it is so ordered. Basin funding will help complete that move quickly with it. We are working (The committee amendments are project’s drainage system. It will as- up some amendments that we are going printed in the RECORD of July 31, 1995.) sure a sustainable irrigation project to make en bloc for various Members. EXCEPTED COMMITTEE AMENDMENT BEGINNING that will be able to meet its Federal re- But we cannot do anything on the com- ON PAGE 23, LINE 7 payment obligations and generate the mittee amendments until we get word Mr. DOMENICI. Now, Mr. President, project’s intended social, environ- from the Senator from Tennessee who as I understand it, the first committee mental, and economic benefits. Once a has a hold on those committee amend- amendment which I exempted from drainage inventory is finished, local ir- ments. that unanimous-consent request is rigation districts and the local Bureau Mr. JOHNSTON. Will the Senator pending. of Reclamation office will be able to yield? The PRESIDING OFFICER. The Sen- expedite work and reduce overhead Mr. DOMENICI. Indeed, I would be ator is correct. burdens to finally complete the drain- pleased to yield. AMENDMENT NO. 2053 TO THE COMMITTEE age system, saving taxpayer dollars in Mr. JOHNSTON. Mr. President, the AMENDMENT BEGINNING ON PAGE 23, LINE 7 the long run. difficult things on this bill—which are (Purpose: To amend the provision relating to nuclear waste in Nevada—we hope the the expansion of a facility for the storage Mr. President, as we all know, weath- of uranium) new spallation source will be worked er is an uncertain thing. And if you are Mr. DOMENICI. Mr. President, I send out. We believe that the Princeton a farmer faced with a drought, your en- an amendment to the desk and ask for problem has been worked out. The dif- tire livelihood is in jeopardy. Washing- its immediate consideration. ton State is no stranger to severe ficult things, those that would have The PRESIDING OFFICER. The water shortages, and funding for these tied us up for a long time, I believe clerk will report. projects will make water supply more have been worked out. And it is my The bill clerk read as follows: certain for farmers within their areas. hope that dealing with two fairly short The Senator from New Mexico [Mr. DOMEN- These projects also improve condi- amendments, we will be ready to go to ICI] for Mr. REID, proposes an amendment tions for fish. Already, at the Yakima final passage. numbered 2053 to the committee amendment project, fish passage facilities have I ask the Senator from New Mexico, on page 23, line 7. been installed at project dams and does he not share my view that we Mr. DOMENICI. Mr. President, I ask screens have been placed at irrigation ought to be able to go to final passage unanimous consent that reading of the diversions. very shortly? amendment be dispensed with. I am truly pleased that the Senate Mr. DOMENICI. Mr. President, unless The PRESIDING OFFICER. Without subcommittee and full committee have there are Senators that have not con- objection, it is so ordered. approved funding for the Yakima en- ferred with me—and I have had plenty The amendment is as follows: hancement and Columbia Basin of notes given to me; we are working On page 24, line 7, strike ‘‘135(a)(2), 135(d), projects. Both are excellent measures on most of them—I think most of them 135(e), 141(g), 145’’ and insert ‘‘135(d), 135(e),’’. for helping Washington State agri- are solved. I think that conclusion is Mr. DOMENICI. Mr. President, this culture. correct. has been agreed to by the two Senators I encourage support for the overall Mr. JOHNSTON. I would, from my from Nevada, myself, and the ranking bill and once again thank the two man- standpoint, like to put Senators on no- member. I have no objection to its agers of the bill. tice that if they have something they adoption. Mr. President, I suggest the absence want in the bill, something to go in the The PRESIDING OFFICER. Is there of a quorum. managers’ amendment, please contact further debate? The PRESIDING OFFICER. The ab- us so we can put it in, because we may Mr. JOHNSTON. Mr. President, this sence of a quorum has been suggested. be ready to wrap up, we hope, early has been worked out with the two Sen- The clerk will call the roll. this afternoon. ators from Nevada. We support the The legislative clerk proceeded to Mr. DOMENICI. Mr. President, I sug- amendment. call the roll. gest the absence of a quorum. The PRESIDING OFFICER. The Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. The question is on agreeing to the amend- unanimous consent that the order for clerk will call the roll. ment. the quorum call be rescinded. The bill clerk proceeded to call the The amendment (No. 2053) was agreed The PRESIDING OFFICER. Without roll. to. objection, it is so ordered. Mr. JOHNSTON. Mr. President, I ask Mr. JOHNSTON. Mr. President, I Mr. DOMENICI. Mr. President, we unanimous consent that the order for move to reconsider the vote. are now on the energy and water appro- the quorum call be rescinded. Mr. DOMENICI. I move to lay that priations bill? The PRESIDING OFFICER (Mr. GOR- motion on the table. The PRESIDING OFFICER. That is TON). Without objection, it is so or- The motion to lay on the table was correct. dered. agreed to. S 11070 CONGRESSIONAL RECORD — SENATE August 1, 1995 Mr. DOMENICI. Mr. President, I be- Mr. JEFFORDS. Mr. President, if I this bill. Funding for wind, solar, and lieve we are working with Senator JEF- may respond. biomass programs have been cut 27 per- FORDS and his staff regarding an Mr. DOMENICI. Of course. cent from the fiscal year 1995 levels amendment that he has. I ask Senator Mr. JEFFORDS. Yes, that is per- compared to a 15-percent cut in the De- BUMPERS and his cosponsor if they fectly all right with me. partment of Energy’s overall energy could be ready in a few minutes. We Mr. DOMENICI. I ask unanimous supply research and development ac- could take that amendment and get consent there are 15 minutes on the counts. the debate, and maybe there is a vote amendment and then we proceed to a We have made commitments to many needed on that. vote on the amendment, and we intend small companies through public and Mr. President, I suggest the absence to accept it at the time. private partnerships to drive renew- of a quorum. The PRESIDING OFFICER. Is there ables research and development to the The PRESIDING OFFICER. The objection? The Chair hears none, and it marketplace. We are just entering year clerk will call the roll. is so ordered. The Senator from Ver- 3 of a 5-year commitment to the solar The bill clerk proceeded to call the mont. and wind field. To pull the plug now roll. Mr. JEFFORDS. Mr. President, today would constitute a serious abrogation Mr. DOMENICI. Mr. President, I ask I will be proposing an amendment very of our commitment and undermine unanimous consent that the order for shortly which will help maintain the much of the progress we have wit- the quorum call be rescinded. United States support for its solar and nessed in the past few years. The PRESIDING OFFICER. Without wind power. It would restore $25 mil- In this time of fiscal constraint, hard objection, it is so ordered. lion and offset this by reducing funding choices must be made, and I agree with PRIVILEGE OF THE FLOOR for the Department of Energy’s oper- many of them. But solar and wind pro- Mr. DOMENICI. Mr. President, I ask ations budget. grams are working. These programs unanimous consent that Mark Turner, Mr. President, the Energy Policy Act have enormous nationwide benefits for who is a Javits Fellow detailed to the of 1992 began to outline an energy secu- a very small investment. For example, Energy and Water Development Sub- rity strategy for our country. As I have the DOE wind program is working committee, be allowed floor privileges argued many times before, energy secu- closely with Kotzbue Electric Associa- during the debate of the fiscal year 1996 rity is vital to our economy and our tion 30 miles inside the Arctic Circle in appropriations bill. national security. I believe that renew- Alaska to supply reliable wind energy The PRESIDING OFFICER. Without able energy resources are important and reduce dependence on diesel gen- objection, it is so ordered. components of our energy security erators. The Florida Solar Energy Cen- Mr. DOMENICI. I suggest the absence strategy and must not be compromised. ter in Cape Canaveral works with more of a quorum. The United States now imports in ex- than 100 solar manufacturers, resulting The PRESIDING OFFICER. The cess of 50 percent of the oil we use to in significant exports to Latin Amer- clerk will call the roll. power our homes, automobiles and ica. The AWT–26, one of the world’s The bill clerk proceeded to call the workplaces. This is a national security most advanced wind turbines, is being roll. concern, and our dependence on foreign developed by former Boeing engineers Mr. DOMENICI. Mr. President, I ask sources of energy is an economic secu- outside of Seattle, WA. unanimous consent that the order for rity risk. Mr. President, we are pushing for- the quorum call be rescinded. Mr. President, every month the Com- ward, working to lead this booming The PRESIDING OFFICER. Without merce Department releases its statis- global market, and we will succeed if objection, it is so ordered. tics on the balance of our trade. The Congress maintains its commitment to Mr. DOMENICI. I believe, through numbers are very grim. We are running wind and solar research and develop- oversight, after amending the first huge trade deficits, and oil imports are ment. The money that is spent on re- committee amendment, I did not pro- a major reason why. Imports of oil con- newable energy programs has a direct ceed to have that amendment adopted, stitute an enormous drag on our bal- impact on this country’s bottom line. as amended. ance of payments and serve only to ex- Overall, we can expect more than $4 The PRESIDING OFFICER. The port U.S. jobs abroad. billion in annual fuel cost savings by question is on agreeing to the first In contrast, more than one-half of the year 2000, more than $8 billion by committee amendment, as amended. the manufacturing capacity of the U.S. the year 2010, and nearly $26 billion by The committee amendment begin- solar industry is geared to exports. the year 2020. Solar, biomass, wind and ning on page 23, line 7, as amended, was Northern Power Systems from my geothermal energy systems will also agreed to. State of Vermont markets wind tur- create many thousands of jobs by the Mr. DOMENICI. I move to reconsider bine technologies around the globe. If a year 2000. the vote. city, town or power system in Saudi This amendment simply asks the De- Mr. JOHNSTON. I move to table the Arabia wants to build a wind turbine, partment of Energy to speed up imple- motion. they call Waitsfield, VT. Nevertheless, mentation of the strategic alignment The motion to lay on the table was without adequate Federal support, the and downsizing plan, thereby reducing agreed to. United States leads in developing re- administrative costs. Currently, the Mr. DOMENICI. I suggest the absence newable energy technologies will slip. Department spends $377 million for of a quorum. The U.S. Information Agency pre- general management and program sup- The PRESIDING OFFICER. The dicts that the worldwide market for re- port functions. clerk will call the roll. newables and efficiency technologies One of the largest pieces of this budg- The bill clerk proceeded to call the will equal $280 billion through the year et is the field operations offices. These roll. 2010. However, they also point out that offices are the paperwork side of our Mr. DOMENICI. Mr. President, I ask at the current rate of growth, the Unit- national labs. A less than 10 percent unanimous consent that the order for ed States will capture less than 8 per- cut of $25 million will help do what the quorum call be rescinded. cent of this market. Why? Because Eu- needs to be done to keep us on track. The PRESIDING OFFICER. Without rope and Japan are funneling more and My amendment would shift this objection, it is so ordered. more money to their renewable compa- amount from administrative functions Mr. DOMENICI. Mr. President, I un- nies in the form of capital financing to support for solar, wind, and biomass derstand the distinguished Senator and export promotion. And that export programs. This money would not be from Vermont [Mr. JEFFORDS] has an promotion is what does the most dam- used for overhead and paperwork but to amendment on behalf of himself and age, especially deals they can give. finance important programs that assist three other Senators. We are going to Mr. President, despite the proven small companies in the development of accept the amendment. He is going to successes of renewable energy pro- advanced renewable technology. modify it and then send it up. He grams and their overwhelming public The goal we seek to accomplish agrees to speak up to 15 minutes on the support, the renewable accounts have today with this amendment has been amendment. been hit disproportionately hard in recommended by the Galvin task force, August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11071 which reviewed our national labs, and The amendment is as follows: our Nation. Renewable energy pro- the Daniel Yergin task force, which ad- On page 20, line 23 insert the following: grams promise to supply economically vised DOE on how to best downsize. ‘‘SEC. . FUNDING FOR ENERGY SUPPLY, RE- competitive and commercially viable Mr. President, we may hear argu- SEARCH AND DEVELOPMENT AC- energy, while also assisting our Nation TIVITIES RELATING TO RENEWABLE ments today that downsizing the oper- ENERGY SOURCES. in reducing greenhouse gases and oil ations office in this matter is not wise. ‘‘(a) REDUCTION IN APPROPRIATION FOR DE- imports. The Nation should be looking However, this Friday Secretary Hazel PARTMENTAL ADMINISTRATION.—Notwith- toward alternative forms and sources O’Leary will announce additional com- standing any other provision of this Act, the of energy, not taking a step backward ponents of her strategic realignment amount appropriated in title III of this Act by cutting funding for these programs. plan. I expect a major component of under the heading DEPARTMENTAL ADMINIS- My own State of Delaware has a long her plan is to downsize the operations TRATION is hereby reduced by $37,000,000. ‘‘(b) INCREASE IN APPROPRIATION FOR EN- tradition in solar energy. In 1972, the office, saving millions and millions of ERGY SUPPLY, RESEARCH AND DEVELOPMENT University of Delaware established one dollars in overhead costs. ACTIVITIES.—Notwithstanding any other pro- of the first photovoltaic laboratories in Mr. President, what we are doing is vision of this Act, the amount appropriated the Nation. The university has been in- moving money from paperwork and bu- in title III of this Act under the heading EN- strumental in developing solar photo- reaucracy to technology and the devel- ERGY SUPPLY, RESEARCH AND DEVELOPMENT voltaic energy, the same type of energy opment of science from top-down, com- ACTIVITES is hereby increased by $37,000,000. ‘‘(c) AVAILABILITY OF FUNDS.—Of the funds that powers solar watches and calcula- mand-and-control administration to appropriated in title III of this Act under the tors. technology transfer and international heading ENERGY SUPPLY, RESEARCH AND DE- competitiveness and from duplicative VELOPMENT ACTIVITES— Delaware has a major solar energy management to small business. Clean ‘‘(1) not less than $4,500,000 shall be avail- manufacturer, Astro Power, which is economic growth is not a contradiction able for solar building technology research; now the fastest growing manufacturer in terms. New generations of environ- ‘‘(2) not less than $78,929,000 shall be avail- of photovoltaic cells in the world. In able for photovoltaic energy systems; mental technologies are making it pos- ‘‘(3) not less than $28,443,000 shall be avail- collaboration with the University of sible to have both. To be truly strong, able for solar thermal energy systems; Delaware and Astro Power, Delaware’s the U.S. economy must be efficient, ‘‘(4) not less than $55,300,000 shall be avail- major utility—Delmarva Power & clean, and fueled by stable supplies of able for biofuels of which no less than half Light—has installed an innovative energy. By voting for this amendment, shall go toward the BIOMASS ELECTRIC PRO- solar energy system that has success- the Senate will help ensure that we at- GRAM; fully demonstrated the use of solar ‘‘(5) not less than $42,000,000 shall be avail- tain these goals. able for wind energy systems; power to satisfy peak electrical de- I urge my colleagues to support this ‘‘(6) not less than $8,000,000 shall be avail- mand. Through this collaboration, my amendment. able for international solar energy programs; State has demonstrated that solar en- Mr. President, I note the absence of a ‘‘(7) not less than $9,000,000 shall be avail- ergy technology can be an economi- quorum. able for hydrogen research;’’. cally competitive and commercially The PRESIDING OFFICER. The Mr. ROTH. Mr. President, today, I viable energy alternative for the util- clerk will call the roll. am sponsoring an amendment that ity industry. The assistant legislative clerk pro- would restore $37 million into solar and It is vital that we continue to manu- ceeded to call the roll. renewable energy programs. The over- facture these solar cell products with Mr. DOMENICI. I ask unanimous all DOE energy supply account was cut the high performance, high quality, consent that the quorum call be dis- 15.6 percent, while the overall renew- and low costs required to successfully pensed with. able accounts were cut by 27 percent. The PRESIDING OFFICER. Without My amendment would bring into line compete worldwide. Investment in De- objection, it is so ordered. the budget reduction of the solar and partment of Energy solar and renew- Mr. DOMENICI. May I ask my friend, renewables program to the percentage able energy programs has put us on the what was the purpose of the quorum reduction level of the other DOE en- threshold of explosive growth. Continu- call? ergy supply accounts. ation of the present renewable energy Mr. JEFFORDS. I was getting the This amendment would restore fund- programs is required to achieve the amendment. ing for solar and renewable energy pro- goal of a healthy photovoltaic industry Mr. DOMENICI. Thank you. grams at the expenses of overhead. It in the United States. While the solar I yield the floor. would transfer 37 million from DOE’s energy industries might have evolved in some form on the their own, the AMENDMENT NO. 2054 departmental administration to solar and renewable energy programs. This Federal investment has accelerated the (Purpose: To provide that certain funds ap- transition from the laboratory bench propriated for the Department of Energy represents a 10-percent cut in DOE’s operations be available instead for energy overhead. Recent studies show that we to commercial markets in a way that supply, research and development activi- need to reduce bureaucracy, cut over- has already accrued valuable economic ties relating to certain renewable energy head burdens and costs to have more benefits to the Nation. sources) effective and efficient R&D programs. The solar energy industries—like Mr. JEFFORDS. Mr. President, at The Galvin Task Force Report, re- Astro Power—have already created this time I offer my amendment and cently commissioned by the Depart- thousands of jobs and helped to reduce ask unanimous consent that the pend- ment of Energy, recommended that our trade deficit through exports of ing amendment be set aside for the bold action be taken regarding the re- solar energy systems overseas, mostly purposes of consideration of this duction of administrative oversight. to developing nations, where two bil- amendment. The report further states, DOE should lion people are still without access to The PRESIDING OFFICER. Without be able to accomplish a substantial re- electricity. objection, so ordered. duction in oversight without reducing The clerk will report the amendment the dollars spent directly on R&D sci- International markets for solar en- of the Senator from Vermont. entists and engineers. In addition, the ergy systems are virtually exploding, The assistant legislative clerk read Yergin Task Force also recently rec- due to several key market trends. Most as follows: ommended that DOE reduce total en- notably, solar energy is already one of the lowest cost options available to de- The Senator from Vermont [Mr. JEF- ergy R&D costs by cutting directly at veloping countries that cannot afford FORDS], for himself, Mr. ROTH, Mr. GRAMS, administrative compliance and over- to build large, expensive centralized Mr. WELLSTONE, Mr. HARKIN, and Mr. LEAHY, head costs. This amendment would re- proposes an amendment numbered 2054. store funding for solar and renewable power generation facilities with elabo- Mr. JEFFORDS. I ask unanimous energy programs by cutting adminis- rate distribution systems. consent that further reading of the trative costs identified in these re- The governments of Japan, Germany, amendment be dispensed with. ports. and Australia are investing heavily in The PRESIDING OFFICER. Without I believe that funding renewable en- aggressive technology and market de- objection, it is so ordered. ergy programs is an important issue to velopment in partnership with their S 11072 CONGRESSIONAL RECORD — SENATE August 1, 1995 own solar energy industries. Until re- we will be able to achieve a strong and Mr. DOMENICI. Mr. President, I say cently, Japan and Germany held the vibrant industry that is capable of to Senators that have amendments lead in world market share for thriving in the free market. that they think are going to have to photovoltaics; the United States has Therefore, I urge my colleagues to take time and perhaps be voted on, only recently recaptured international join me in supporting the Jeffords re- that they accommodate the leadership market dominance. Cutting funding for newable amendment. It allows us to of the Senate, the leadership on the commercializing these technologies pursue renewable energy resources at Democrat side and the Republican side. would have a chilling effect on the U.S. the same time we protect the tax- Some colloquies earlier in the day in- industry’s ability to compete on an payers, and I am proud to be a cospon- dicated we wanted to get our schedule international scale in these billion-dol- sor of such a proposal. Thank you and completed, especially on these issues lar markets of today and tomorrow. I yield back the balance of my time. that do not appear to be partisan in na- The employment potential of renew- Mr. LEAHY. Mr. President, I am ture. So we have made a commitment ables represents a minimum of 15,000 happy to join Senator JEFFORDS as a to stay here tonight and finish this new jobs this decade with nearly 120,000 cosponsor of his amendment to restore bill. I do not see any reason why we the next decade. funding to the solar and renewable have to keep Senators here tonight. If It is imperative that this Senate sup- budget of the Department of Energy Senators have amendments, please port solar and renewable energy tech- fiscal year 1996 spending bill. come down and offer them. I think that nologies and be a partner to an energy Our amendment restores $25 million is only fair. So once again, I am not future that addresses our economic to this vital account, boosting funding going to name Senators, but, please, if needs in an environmentally accept- for solar, wind, and biomass energy re- Senators have some amendments that able manner. My State has done and search. Renewable energy has the po- they want us to consider and that will continue to do its part. I hope my tential to reduce pollution, decrease clearly need debate, would they please colleagues in the Senate will look to our dependence on imported fuels, and come on down or call us and tell us? the future and do their part in securing produce good paying jobs here in the Mr. JOHNSTON. Will the Senator a safe and reliable energy future by United States. yield? supporting this amendment. The United States has the oppor- Mr. DOMENICI. I would be pleased to AMENDMENT NO. 2054 tunity to lead the world in clean, re- yield. Mr. GRAMS. Mr. President, I rise in newable energy technology. Vermont Mr. JOHNSTON. Very seriously, this strong support of the Jeffords amend- in particular has taken the lead with bill should not go into tonight. The dif- ment and am pleased to be an original the development of wind and biomass ficult things are worked out. If Sen- cosponsor. Over the past 21⁄2 years, I energy technology. This ‘‘green tech- ators will come down and offer these have had the opportunity to help for- nology’’ has the potential to generate amendments, we can be gone this after- mulate our renewable energy policies, more than virtually pollution free en- noon. And so I urge Senators not to both as a member of the House Energy ergy, it generates good paying manu- wait until tonight. Frankly, we ought R&D Subcommittee, and now as a facturing jobs in Vermont and through- to go to third reading if Senators are member of the Senate Energy Commit- out the country. not going to be here to offer their tee. This amendment represents an im- The energy and water appropriations amendments. portant step forward in our efforts. bill passed by the House mortgages the Mr. DOMENICI. I said we pledged to In my home State of Minnesota, we future of our energy program by dra- get finished tonight, but it looks to me have a strong commitment to renew- matically reduced funding for the solar like we should be finished here early able and alternative energy resources. and renewable energy budget, cutting enough to get home and have dinner Solar, wind, and biofuels play a key it by 22 percent. I think that is a short- with our families for a change. On this role in Minnesota’s overall energy sighted approach. bill, there were three major issues, and blueprint, and these priorities are The PRESIDING OFFICER. Is there we have solved them, at least to the shared across this Nation. Our amend- further debate on the amendment? If satisfaction of the Senators that con- ment demonstrates this understanding not, the question is on agreeing to the tested the issues. With Senator LAU- while reducing redtape and bureauc- amendment. TENBERG from New Jersey, we have racy at the same time. So, the amendment (No. 2054) was agreed to an amendment he has with Too many taxpayers’ dollars are agreed to. reference to fusion energy. We solved being wasted on bureaucracy and red- Mr. DOMENICI. I move to reconsider the Nebraska Senator’s issue, at least tape in Washington and not on pro- the vote. in this body, with reference to interim grams that help meet the energy needs Mr. JOHNSTON. I move to lay that nuclear waste. We have satisfied the of the people of Minnesota. If we are motion on the table. issue between the Senators from Ten- going to spend the taxpayers’ money, The motion to lay on the table was nessee and the committee. We are wait- we had better make sure it is for their agreed to. ing for a colloquy on that. And, indeed, benefit, and not for a bloated bureauc- Mr. DOMENICI. Mr. President, I I believe we are real close to solving it racy. thank the Senator for accommodating with the Senate Committee on Armed By slashing bureaucracy and elimi- us on the floor. We are pleased to have Services for a colloquy with reference nating $25 million from departmental accommodated him. But I thank him to our nuclear stockpile. administration, we are able to increase for accommodating us on time so we If we are able to work that out, what- the levels of funding for solar and re- can move ahead with the bill and, ever is left would be the Bumpers newables. Even DOE Secretary Hazel hopefully, finish it in the next couple amendment, who—the Senator has at O’Leary endorses this type of ap- hours. I thank the Senator very much. least told us about it. And we under- proach—her proposal for strategic re- Mr. JEFFORDS. Mr. President, I stand perhaps Senator BROWN has an alignment estimates potential savings want to thank the Senator from New amendment with reference to two of of nearly $2 billion through consolidat- Mexico for accommodating us. This the commissions that we funded, or one ing and realignment of the current will be an important amendment to of them. And Senator BROWN, and DOE structure. help. And I am very pleased to accom- maybe Senator BROWN’s staff could ad- Limiting the scope of Government— modate the committee with our vise Senators, we would be ready for while expanding funding for renewable promptness. him shortly if he could come down. energy resources—are goals which can Mr. DOMENICI. I suggest the absence And I think maybe we have heard that be achieved together, as this amend- of a quorum. there might be one on the Appalachian ment so clearly demonstrates. The PRESIDING OFFICER. The Regional Commission. We do not know The Jeffords amendment reflects a clerk will call the roll. that. balanced prioritization of our limited Mr. DOMENICI. Let me ask that that All right. That is all that we are energy dollars. It is my strong hope be withheld for a moment. aware of that will require debate. We that by maintaining a Federal commit- The PRESIDING OFFICER. Without have a number of amendments we will ment to solar and renewable programs, objection, it is so ordered. offer as chairman and ranking member August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11073 as we wrap this up. Some we will not the agreed-upon language in the con- On page 20, after line 23 insert the follow- be able to accept. And the Senators ference report; am I correct? ing: will have to understand that. Mr. DOMENICI. The Senator is cor- SEC. . FUNDING FOR ENERGY SUPPLY, RE- rect. Let me say to both Senators from SEARCH AND DEVELOPMENT AC- I yield the floor. TIVITIES RELATING TO RENEWABLE I suggest the absence of a quorum Tennessee, it has been a pleasure work- ENERGY SOURCES. first. ing with them on this. They have been ‘‘(a) REDUCTION IN APPROPRIATION FOR DE- The PRESIDING OFFICER. The tenacious. We had a genuine discussion PARTMENTAL ADMINISTRATION.—Notwith- clerk will call the roll. at length and we came up with some- standing any other provision of this Act, the The assistant legislative clerk pro- thing at least this Senator believes is amount appropriated in title III of this Act ceeded to call the roll. workable and good for spallation and under the heading Departmental Administra- Mr. DOMENICI addressed the Chair. neutron acceleration in the future. I tion is hereby reduced by $25,000,000. ‘‘(b) INCREASE IN APPROPRIATION FOR EN- The PRESIDING OFFICER. The Sen- think that is a very important part of ERGY SUPPLY, RESEARCH AND DEVELOPMENT ator from New Mexico. the necessary science for the United ACTIVITIES.—Notwithstanding any other pro- Mr. DOMENICI. Mr. President, I ask States. vision of this Act, the amount appropriated unanimous consent that the quorum I think the second part of it means in title III of this act under the heading En- call be dispensed with. that we will not fall behind while we ergy Supply, Research and Development Ac- The PRESIDING OFFICER. Without proceed with the new major construc- tivities is hereby increased by $37,000,000. objection, it is so ordered. tion, and the first indicates that the ‘‘(c) AVAILABILITY OF FUNDS.—Of the funds Mr. DOMENICI. Mr. President, I am Department will decide on a fair and appropriated in title III of this Act under the heading Energy Supply, Research and Devel- prepared to enter into a colloquy with equitable basis the site for the big ma- opment Activities— the distinguished Senators from Ten- chine, which will cost in excess of a bil- ‘‘(1) not less than $4,500,000 shall be avail- nessee. We can either enter it in the lion dollars. able for solar building technology research; RECORD or we can state it here on the Mr. THOMPSON. This will help us ‘‘(2) not less than 78,929,000 shall be avail- floor, whichever they prefer. What is move forward in those ways, and we ap- able for photovoltaic energy systems; ‘‘(3) not less than 28,443,000 shall be avail- Senator THOMPSON’s preference? preciate the accommodation of the Senator from New Mexico and his will- able for solar thermal energy systems; Mr. THOMPSON. The Senator will ‘‘(4) not less than 55,300,000 shall be avail- state it briefly. ingness to work with us on this. able for biofuels of which no less than half I would like to state what I under- Mr. FRIST. We do appreciate it, Mr. shall go toward the Biomass Electric Pro- stand to be language that is agreed to President. It does reflect, I think, the gram; by the managers of this bill. It is lan- critical importance placed on the De- ‘‘(5) not less than 42,000,000 shall be avail- guage which clarifies the intent of the partment of Energy’s recommendations able for wind energy systems; committee and replaces references in in making this site in the best way ‘‘(6) not less than 8,000,000 shall be avail- that they see fit in terms of overall able for international solar energy programs; the committee report on pages 96 and ‘‘(7) not less than 9,000,000 shall be avail- 97 with regard to the siting of the new systems development for the entire able for hydrogen research;’’. country. spallation source project. Part of the Mr. DOMENICI. Is it necessary to re- agreed-upon language is as follows: Mr. DOMENICI. I thank my col- leagues. Mr. President, I wonder if any consider and table that? The conferees make no recommendation The PRESIDING OFFICER. It is not. with regard to the siting of the new spall- of the other Senators who arrived have Mr. DOMENICI. I thank the Chair. I ation source project. The Department of En- amendments? suggest the absence of a quorum. Mr. WELLSTONE addressed the ergy shall make that determination in a fair The PRESIDING OFFICER (Mr. and unbiased manner. Chair. THOMPSON). The clerk will call the roll. The PRESIDING OFFICER. The Sen- Am I correct in stating that this is The assistant legislative clerk pro- part of the language that is agreed to ator from Minnesota. Mr. WELLSTONE. I say to my col- ceeded to call the roll. for the purpose of legislative history? Mr. DOMENICI. Mr. President, I ask league from New Mexico, we are right Mr. DOMENICI. That is correct. unanimous consent that the order for now attempting to see if we can work Mr. FRIST. Mr. President, it is my the quorum call be rescinded. this out, if we could have a little more understanding that the following lan- The PRESIDING OFFICER. Without guage is also agreed to by the man- time. Mr. DOMENICI. I suggest the absence objection, it is so ordered. agers: Mr. DOMENICI. Mr. President, I un- of a quorum. The conferees direct the Department to The PRESIDING OFFICER. The derstand that Senator BUMPERS is evaluate opportunities to upgrade existing going to offer an amendment with ref- reactors and spallation sources as a cost-ef- clerk will call the roll. The assistant legislative clerk pro- erence to the water-cooled reactor. I fective means of providing neutrons in the understand he is willing to enter into a near term for the scientific community ceeded to call the roll. while the next generation source is devel- Mr. DOMENICI. Mr. President, I ask time agreement of 1 hour equally di- oped. This evaluation shall be available prior unanimous consent that the order for vided. I ask unanimous consent that to the Appropriations Committee’s hearings the quorum call be rescinded. the time be equally allocated to Sen- on the Department’s fiscal year 1997 budget The PRESIDING OFFICER. Without ator BUMPERS and Senator JOHNSTON. submission. objection, it is so ordered. The PRESIDING OFFICER. Without Am I correct in stating that this lan- AMENDMENT NO. 2054, AS MODIFIED objection, it is so ordered. guage is also agreed to? Mr. DOMENICI. Mr. President, it has Mr. DOMENICI. We will check with Mr. DOMENICI. Mr. President, I just come to my attention, and I believe Senator STEVENS and make sure that read it carefully, and I ask that one Senator JEFFORDS from Vermont he can come down and be part of this word be deleted, and then I will say we agrees, that there is a typographical argument. agree. error in the amendment that the Sen- Mr. JOHNSTON. And no second-de- Where it says, on the second line of ator offered, which has been agreed to gree amendments. what the Senator read ‘‘spallation by the Senate. So I ask unanimous con- Mr. DOMENICI. I ask unanimous sources as a cost-effective means,’’ I sent that the amendment be modified, consent that no second-degree amend- wonder if we can strike the word ‘‘a’’ as per the amendment which I now ments be in order, Mr. President. The PRESIDING OFFICER. Without and just say ‘‘sources as cost-effective send to the desk. This change is agreed objection, it is so ordered. The Senator means’’ instead of ‘‘a cost-effective upon by the Senator from Vermont, from Arkansas. means.’’ the Senator from Louisiana, Senator AMENDMENT NO. 2055 Mr. FRIST. That will be agreeable. JOHNSTON, and myself. Mr. DOMENICI. If we strike that The PRESIDING OFFICER. Is there (Purpose: To terminate the Gas Turbine- ‘‘a,’’ then my answer to the Senator’s objection to modification of the Modular Helium Reactor Program) question is that is absolutely correct. amendment previously adopted? With- Mr. BUMPERS. Mr. President, I send Mr. THOMPSON. Mr. President, I be- out objection, it is so ordered. an amendment to the desk on behalf of lieve it is our further understanding The amendment, as modified, is as myself, Senator INHOFE, and Senator that our conferees will seek to place follows: KERRY of Massachusetts. S 11074 CONGRESSIONAL RECORD — SENATE August 1, 1995 The PRESIDING OFFICER. Without lion to continue this thing, and Con- Mr. JOHNSTON. But the $5.3 billion objection, the pending committee gressman Klug offered an amendment was the cost of the new production re- amendment will be set aside. to kill it, and the vote to kill this actor which was the tritium reactor for The clerk will report the amendment. project in the House this year was 306– the manufacture of tritium, was it not? The assistant legislative clerk read 121. Mr. BUMPERS. Senator, you could as follows: Now, what we have had here is a lit- be right about that, I am not sure. The Senator from Arkansas [Mr. BUMP- tle shell game. We did not put any Mr. JOHNSTON. And there has been ERS], for himself, Mr. INHOFE, and Mr. KERRY money in, and the House did. They did no cost put on this. proposes an amendment numbered 2055. not put in any money, and we did. Now Mr. BUMPERS. Well, $5.3 billion is Mr. BUMPERS. Mr. President, I ask we are back to we did not have any $5.3 billion. unanimous consent that the reading of money in it until it was offered in the Mr. JOHNSTON. This is a different the amendment be dispensed with. Appropriations Committee a few days design from the new production reactor The PRESIDING OFFICER. Without ago, after the House just got through on which the $5.3 billion estimate was objection, it is so ordered. killing this thing by 306 votes to 121. made. The amendment is as follows: This is pork at its worst. There was Mr. BUMPERS. You are talking Strike lines 22–23 on page 20 and insert in $12.5 million in the bill here on the about something different from the gas lieu thereof the following: ‘‘$2,793,324,000 to turbine modular helium reactor? remain available until expended. Provided floor right now. But do you know why? That, no more than $7,500,000 of such funds The Senator from Alaska—which was Mr. JOHNSTON. This design is dif- shall be used for the termination of the Gas certainly his right—put it back in in ferent. The initial design of the new Turbine-Modular Helium Reactor program.’’ committee. He won it there by 15–8. production reactor had a steam cycle. Mr. BUMPERS. Mr. President, this is But Senator DOMENICI, in the chair- This has no steam cycle and has a 50 a complicated subject dealing with man’s mark, had torpedoed this thing. percent higher efficiency. $12.5 million, not a lot of money around He left $7.5 million in the budget to Mr. BUMPERS. Let me just say that here. But considering the budget con- terminate. That is the termination it is a different design reactor, but the straints we are operating under, we cost. figures I am using are sort of a horse- need to be very careful what we spend. Incidentally, my amendment only back guess by the Department of En- It is, to use the technical term, $12.5 cuts $5 million. The Senator from Alas- ergy of what it would cost for the new million to continue the ‘‘gas turbine- ka got $12.5 million put back in. I am design, not the old design. modular helium reactor.’’ only cutting 5 of that because I agree Well, to get on with the story, we can This is a project that has been with Senator DOMENICI. We ought to always find some rationale to keep a around for a very long time. A lot of use that $7.5 million to torpedo this project going—new design, old design, money has already been spent on the project once and for all. The senior anything to keep the money flowing. program. Make no mistake about it, we Senator from Texas, with whom I agree But you ought to bear in mind, there have put $900 million into it, and indus- about 1 percent of the time, made what has not been one single nuclear plant try has put almost as much. But it has I thought was a good statement the built in the last 20 years, and right now been sagging simply because it is not other day in committee. He said, there is not one single utility in Amer- viable. It is not viable technically ‘‘When the Department of Energy, or ica that has any plans to build one. within the time frame within which we anybody else, wants to get rid of some- So you are talking about 20 years we ought to complete it and the National thing, why do we not, at least occa- have not built one, and certainly if Academy of Sciences says you cannot sionally, if the bureaucrats want to get somebody started trying to license one leave plutonium lying around stored rid of it, honor their requests?’’ It is now, it would take another 20 years, for the periods of time that you are very seldom they want to. and nobody is going to license one likely to have to store it before this re- When I think of all the unmet needs under current technology ever again. actor is completed and has the ability of this country, and when I think of all I started off confessing that I am not to burn it. the pressures on the domestic discre- a physicist. I did not even have high In addition to that, the National tionary spending side of this budget, school chemistry. These subjects are Academy of Sciences says leaving plu- and here the House has killed this difficult to me. They are not difficult tonium stored is a dangerous propo- thing almost 3-to-1, and you are talk- for the National Academy of Sciences. sition, and the longer you leave it ing about a project that would cost $5.3 Do you know what the National stored, the more dangerous it becomes billion to complete—we are not talking Academy said? The best argument that because of the threat of diversion of about a bean bag here, Mr. President. the Senator from Alaska can make, or the plutonium to weapons. The Federal share would be $2.6 billion. anybody else can make, for going for- The Academy does not like the pro- Mr. JOHNSTON. Will the Senator ward with this project is that this ad- gram. I do not like it. A lot of people yield at this point? vanced reactor will burn plutonium. do not like it, and they do not want to Mr. BUMPERS. Yes. That is a highly desirable goal. spend any more money on it. The first Mr. JOHNSTON. Is not the $5.3 bil- Everybody in the U.S. Senate wishes reactor that was used for demonstra- lion figure the Senator refers to the we could wave a wand and some new tion of this technology was in Penn- amount for the new production reactor, technology would appear to burn pluto- sylvania back in 1967 to 1974. Then a which was a different design, and that nium, get rid of it. One of the argu- larger commercial plant was built in was wholly financed by the United ments that has consistently been made Colorado. And after operating for 16 States? for this reactor is that is what it will years, it was finally shut down because Mr. BUMPERS. Repeat your ques- do. I am not going to argue whether ul- it could only operate 14 percent of the tion. timately, after we spend $5 billion, we time. Mr. JOHNSTON. The $5.3 billion fig- might have something that would burn Now, Mr. President, just like the ure the Senator refers to was for the plutonium. super collider and a host of other tech- new production reactor, which was de- I want to make a couple of points. nologies we have undertaken, including signed several years ago, different from One I have already made, that burning the liquid metal breeder reactor, there this design, and wholly supported by plutonium in a new reactor is even always comes a time to shut these the United States and nothing by ei- more dangerous than our present situa- things down. In 1993—and I hope all ther foreign countries or by the domes- tion, because it will be years and years Senators will listen to this—the U.S. tic industry, is that not correct? and years before this reactor is ready. Senate, this body, voted 58–41 to termi- Mr. BUMPERS. Senator, DOE said Meanwhile, we will have all this pluto- nate this program. But we got over to that they would expect this to cost bil- nium stored, and then even after we conference, which is so often the case, lions to complete. finish it, it will take years and years and we receded to the House and the Mr. JOHNSTON. Of whose dollars? and years to burn it up, during which project continued. Mr. BUMPERS. Half Government and time it is always subject to a diver- This year, the Appropriations Com- half private. That is the way the sion—to Qadhafi, North Korea, or who- mittee in the House provided $20 mil- project has been operated so far. ever. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11075 A more compelling argument is the it has a lot more promise than it has investment in the past. This is a tech- one the National Academy of Sciences now. nology which uses ceramic-coated fuel made when they said, in 1992, ‘‘The I yield the floor. I reserve the balance and uses inert helium as the heat committee believes that no funds of my time. transfer medium. It allows higher oper- should be allocated for development of Mr. JOHNSTON. I yield to the Sen- ating temperatures than can be found high-temperature gas-cooled reactor ator from Alaska 10 minutes. in the water-cooled reactors. The technology within the commercial nu- Mr. STEVENS. Mr. President, I have water-cooled reactors have been the clear power development budget of authored the provision in the report ones used by the world’s nuclear power DOE.’’ that Senator BUMPERS’ amendment plants. In addition to that, they have said seeks to delete because of my belief This GT–MHR process uses higher there are two much more preferable that this new technology, which has temperature helium coolants directly ways to get rid of plutonium. One is to not been analyzed by the National to drive the turbine that drives the fabricate it with other fuel and burn it Academy, may be critical to our en- generator. As a result, the efficiency is up; the other, which is essentially my ergy future. much higher than the water-cooled re- favorite, is vitrification, a process What I am trying to accomplish by actors. But, what is more, it then has which we have also spent a lot of the change that was made in the report the side benefit that was brought to money on and which so far as we know is to create the availability of $5 mil- my attention, and that is that it will will pay rich dividends. lion to complete the study by the Na- destroy weapons-grade plutonium so it Now, Mr. President, further quoting tional Research Council of the tech- can no longer be used for nuclear weap- the National Academy of Sciences, in nical feasibility and economic poten- ons. The GT–MHR not only destroys it their 1994 report said, ‘‘These advance tial of GT-MHR for power generation. and degrades it while generating elec- reactor types themselves, however, are I got into this because of my role in tricity, it is really not even a problem not economically competitive with arms control. One of the problems we as far as waste disposal. This has been other sources of power.’’ Listen to have run into is the destruction of plu- one of the great difficulties with nu- that: ‘‘These advance reactor types tonium. I have been told that this proc- clear-powered generation in the past. themselves are not economically com- ess will destroy plutonium as it is used I believe that what we are trying to petitive with other sources of power,’’ to produce electric power. do is let the scientific community now and the availability of plutonium as As a matter of fact, I think the claim analyze this new concept that is avail- fuel does not make them economical. can truly be made that this new con- able, and only expend Federal money in The storage of large stocks of weap- cept—and it is a new concept—has the the future, if GT–MHR is found to have ons—plutonium—until such reactors potential to destroy weapons-grade the feasibility and economic potential become competitive, is not attractive plutonium and eliminate its prolifera- as it has been represented by those who for security reasons. tion potential. have developed it and presented it to If the Senator will look at the report the Department of Energy. Now, Mr. President, none of the re- on page 91, what we have done is in- The Senator says this is pork. There search for this goes on in my State. I crease the funding of $5 million over are no nuclear reactors in my State. do not know where it goes on. I do not the cost of the close-out of the program There is no helium in my State. There have a dog in the fight. All I know is I with the understanding that no more is nothing connected with this process have been waking up screaming for the than the $5 million is available until in my State. I am the one that offered last 6 months—not about a budget cut, the National Research Council has this amendment for one purpose only, not about trying to balance the budget, completed its study and the results to get the National Research Council but about our priorities. have been reported. to determine whether this process has I spoke at the Governors School in That means that the $5 million is the potential to accomplish two na- my State last Saturday. There are 400 available to do just what the Senator tional benefits: First, to provide a of the presumably brightest students in from Arkansas says has not been done. process by which we can start develop- my State. They go to a 6-month school It is available for making the study ing an industry that can provide envi- at a little liberal arts college called and to report to respective committees ronmentally safe nuclear-generated en- Hendrix College, where my sons went of Congress. If it finds that this process ergy; and, second, that the process that to school. When I walked out, a woman has as much potential as we believe it has been presented will in fact destroy who accosted me said, ‘‘My son who is has, the program will not be closed plutonium at the 90-percent level in so here will not be able to get a college down. It will be continued. accomplishing the first benefit. I think education.’’ Now, this is an entirely new proce- the second benefit is the one that is We did not elaborate on that. But we dure. It is a concept of a gas-cooled re- most important to the world. are cutting student loans, we are cut- actor with a very high rate of effi- There are enormous stakes here. ting income investments, earned in- ciency. It is something that should be There is no question about that. If this come tax credits. We are going to wind reviewed by the National Academy be- process proves valid, as people believe up cutting welfare for the poorest of fore the project is closed up. it will, this $5 million may be the most the poor. I have no objection to reform- Let me say that the Senator from Ar- important $5 million we have ever in- ing welfare. We will wind up cutting kansas is right in one respect. The vested. We are not investing it in the food stamps. We are going to cut every- Government and industry have put $1.5 process. We are investing in investigat- thing that affects about 30 to 40 per- billion into trying to find a technology ing the process to determine if it has cent of the people in this country, and to accomplish the results that the pro- the potential as presented. If it does, we are going to increase defense spend- gram originally sought of nuclear then the research will continue with ing $7 billion above what the Defense power generation meeting the safety the $7.5 million that was intended to be Department says they want— $7 billion requirements of our country. used to close out the program. And above the President’s request—but One of the added benefits of this new Congress will be directly involved in still, twice as much as virtually the concept is that it is possible for this how much, if anything, the Federal rest of the world combined. Here is an gas turbine modular helium reactor to Government will put into the further opportunity to save a paltry $5 million, use plutonium for the purpose of gener- advancement of this concept. and in the future, lord knows how ating power and at the same time ac- But for now, what we are doing is many millions. complish the world’s sought-after re- saying $5 million will be used during The National Taxpayers Union, the sult of destroying plutonium. the period of the evaluation. That is Citizens Against Government Waste, I believe that this is something the maximum that can be used to all those people are strongly in favor of which the Senate should realize what evaluate this process. After having this amendment, and torpedoing this we are trying to do, which is to get a spent $1.5 billion in getting this from technology, not once and for all, but at review of the technology. The tech- the very beginning of nuclear tech- least for the foreseeable future, until nology is much different from that nology development to the present, and the National Academy of Sciences says which has been the subject of this vast not having successfully found a process S 11076 CONGRESSIONAL RECORD — SENATE August 1, 1995 that will meet our needs, it seems to The GAO report estimates that the ment—it simply says that before we me to be very little to ask that we put total cost to design and construct a take this program, which has a promise up $5 million to check this latest tech- gas-cooled reactor should be approxi- of burning 85 to 95 percent of the pluto- nology. mately $5.3 billion, of which taxpayers nium which is put through the cycle— This technology is important because are expected to absorb approximately and that compares with 20 percent of it hinges on two different types of tech- 50 percent. Mathematics would tell us plutonium which would be burned in a nology in order to be successful—the that we would save more than $2 bil- light-water reactor, but before we stop new gas turbine and the generator that lion of hard-earned taxpayer dollars this technology which has that capac- has been used in the past. If the tech- simply by going with the President, ity, that hope of burning 85 to 95 per- nology is proven to have the potential Congress, DOE, and the National Tax- cent of the plutonium, we get a report that we feel it does, then, I think we payers Union, Citizens Against Govern- from the National Research Council, will have a program that will meet ment Waste, and the list goes on and which is part of the National Academy more than our national needs. It will on. of Sciences. No more than $5 million meet the world’s needs. Congress has been trying to termi- may be spent until that evaluation There are assertions that the Senator nate funding for this program for the takes place. That is all the amendment from Arkansas has made that I believe last several years. Finally, this year, does. should be answered. I can answer them the House adopted an amendment to We have done in this country re- for the record. But I think the most eliminate the program altogether. search on these high-temperature gas important thing to note is that this Rightfully, the Senate Appropriations reactors over a period of many years. has not been reviewed before at this Committee authorized $7.5 million to This is a new design which has never level. cover the Department of Energy’s ter- been evaluated by the National Acad- I will reserve what time I have. mination of this program. The adminis- emy of Sciences. It is 50 percent more The PRESIDING OFFICER. Who tration, the Bush administration, the efficient than the previous design. It is yields time? Reagan administration, Congress, sci- the first design that has used the high- Mr. BUMPERS. Mr. President, how entists and many of the fiscal unions, temperature helium gas directly much time do I have remaining? such as the National Taxpayers Union, against the turbine, which is a radical The PRESIDING OFFICER. Thirteen the National Tax Limitations Commit- new design. minutes and ten seconds. tee, the Citizens Against Government Mr. BUMPERS. Is 10 minutes suffi- Waste, are united in their campaign to Moreover, the main reason we want cient for the Senator? to do this is because of plutonium Mr. INHOFE. Five minutes is fine. terminate the project. The Department burnout, but it also has the added ad- Mr. BUMPERS. I yield 5 minutes to of Energy, like the rest of us, must vantage in that this reactor cannot the Senator from Oklahoma. make massive budget cuts if we are to The PRESIDING OFFICER. The Sen- ever keep our commitment to the melt down. Its fuel density and maxi- ator from Oklahoma. budget resolution that we made that mum temperature is less than the melt Mr. INHOFE. Mr. President, I thank would eliminate the deficit by the year rate of the fuel. So if you lost all cool- the Senator from Arkansas for yielding 2002. ant, there would be no possibility of a the time. We can no longer afford such luxuries meltdown of this reactor, which is one Mr. President, I rise in support of the as the gas-cooled reactor that do not of the reasons that Mr. Mikhailov, who Bumpers amendment to terminate the earn their Federal keep. With the pos- is the Russian Energy Minister, wants gas-turbine modular-helium-reactor sibility of the dismantling of DOE, the to build this reactor in a consortium program. For the past 30 years, the De- administration has made a wise deci- with America. They have a proposal partment of Energy’s program has only sion to end the program that only whereby they would put up half of the served as another Federal monetary serves as a liability. costs, and the net cost to the United waste. To date, the taxpayers have al- America is watching both the House States, if this were done, would be ready spent $900 million to advance and the Senate as we bring Federal about $350 million, not $5.3 billion. gas-coolant reactor technology. One spending back under control. By sup- Mr. President, the fact is we do not would imagine that after costing the porting this amendment, we are legis- know the answers to these questions American public nearly $1 billion, we lating exactly the way we said we about exactly what it would cost be- would see some type of tangible tech- would last November by appropriating cause, frankly, we need an evaluation nological benefits. But this is not the wisely and cutting out programs that by the National Research Council of case. continue to waste Federal dollars in- the National Academy of Sciences. In 1992, the National Academy of tended for future generations. Really, as a matter of prudence, we Sciences study concluded that the gas- So, Mr. President, I am not as im- ought to have the National Academy of cooled reactor has low market poten- pressed as I should be, I guess, with the Sciences look at this brand new tech- tial. Last month the DOE stated in a National Academy of Sciences, but I nology, this brand new design before report by the Secretary of Energy Ad- am impressed with the National Tax- we scrap this program in which so visory Board that it did not see any payers Union and many of the groups much has been invested, which has further need to continue to develop the that are looking at this from a fiscal such hope not only for plutonium program. perspective. burnup but it has tremendous hope for The report said—this is a quote we I would only say this is a good exam- being meltdown proof. It is what we have not heard yet, I do not believe ple of what Ronald Reagan said in one call a passively safe reactor. anyway, at least I have not: of the greater speeches I have ever This technology requires a very expensive, heard, entitled ‘‘Rendezvous with Des- I might add, it also has the capacity long-term development program that cannot tiny,’’ way back in 1965 when he said and capability to make tritium in a re- be supported in the near future. Given indus- there is nothing closer to immortality configuration, which is the reason it try’s low interest in this technology, DOE on the face of this Earth than a Gov- was picked as the top candidate for the has requested termination of the Gas Tur- ernment program. I think this is such new production reactor. In any event, bine Modular Helium Reactor Program. a program. this is a very prudent thing to do, to But I have to say, Mr. President, that I yield back the time. have the National Academy of Sciences my concern is not a technical concern. Mr. JOHNSTON addressed the Chair. look at this matter before we scrap the Yes, I am concerned about the energy The PRESIDING OFFICER. The Sen- reactor. And that is all the Stevens industry. I believe, had a lot of this ator from Louisiana. amendment does. It represents real money been spent to develop enhanced Mr. JOHNSTON. Mr. President, I progress. We are not committing this recovery programs and to do something yield myself 5 minutes. country by this amendment to build to stop the demise of the domestic oil There is a lot of technology involved the reactor or to spend additional industry, I would be in strong support here, but the question is really quite money but simply to have the National of it. That is where our money should simple. What the Stevens amendment Academy of Sciences look at this de- have gone. does—and it is a very sound amend- sign. That is all it does. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11077 Mr. President, did the Senator from Mr. KERRY. I yield but not on my judgments. And therefore, the U.S. Alaska desire additional time at this time. If I can use the time of the Sen- Senate ought to step up to bat and ter- point? ator. minate it. Mr. STEVENS. Mr. President, if the Mr. JOHNSTON. Yes. Just on my I yield back the balance of my time. Senator will yield me just a couple time on that point. The Senator said Mr. STEVENS. Would the Senator more minutes, I do not want to use it that they do not allow for the use of yield me 1 minute for a question of my all because I want to respond in the containment. You cannot put contain- friend from Massachusetts? end. But, I would like to reference the ment over a gas-cooled reactor. It is Mr. DOMENICI. Yes. committee report, and I encourage my simply that it is not necessary because The PRESIDING OFFICER. The Sen- ator from Alaska. colleagues to read it. the fuel density and the temperature is Mr. STEVENS. Does the Senator un- The Committee understood that the GT– such that it cannot melt down. You cannot have that kind of accident derstand that the $5 million is for the MHR has the capability of destroying 90 per- study by the National Research Coun- cent of weapons grade plutonium 239 when where hydrogen gas accumulates and cil? I do not understand how I can be used alone and over 99 percent of the pluto- you have an explosion and you need accused of promoting pork when I am nium 239 when used in combination with an containment. accelerator-driven reactor without the need Mr. KERRY. Let me say to my giving $5 million to the council that of reprocessing or recycling of the material. friend—— you and I support. Why should we not The evaluation shall also include, therefore, Mr. JOHNSTON. Is that not correct? give the money to the one council that a review of the technical capability of the re- Mr. KERRY. I am not suggesting you ought to tell us if this process has the actor to accomplish the near total destruc- have a meltdown structure, but you potential to destroy over 90 percent of tion of weapons grade plutonium alone or in the weapons grade plutonium in this combination with an accelerator without re- could nevertheless have a release of ra- diation, and the Nuclear Regulatory country? processing and recycling. The study shall be Mr. KERRY. My answer is the judg- supported by funds within this account and Commission’s advisory committee has shall be completed no later than 90 days fol- suggested that they are not willing to ment has already significantly been lowing the signing of this bill into law. If the accept these approaches. Moreover, in made by the private sector and by the results reported are positive, the balance of order for this technology to be com- National Academy of Sciences that it is not worth pursuing. the funding shall be released to continue the petitive, you would have to complete development of the GT–MHR and, if nega- Mr. STEVENS. Mr. President, that is the R&D phase, which would cost an- tive, the balance of the funding shall be ap- absolutely not true. This process has plied to the program closeout. other $700 million, and then in order to not been examined. The National Acad- make the technology commercial, you In other words, all we are doing is emy wrote to Senator BRADLEY on De- are going to have to build a full-scale saying give the National Research cember 10, 1993, stating that they did demonstration plant. You are going to Council an opportunity to review this not examine this GT–MHR process. have to operate that successfully for before it is closed out. If they find that That is precisely why we are giving the another $1 billion. the Senator from Arkansas is correct, $5 million so they will examine this Now, various reports of the National process before we consider closing out it will be closed out. If they find that Academy of Sciences, the most recent those who have presented the process the program. of which was released this month, have Mr. KERRY. I do not use any more are correct, they will continue to ana- unfailingly rejected this reactor tech- lyze and find out how to apply this new time. nology for either mission, for the mis- The PRESIDING OFFICER. Who technology to these two very vital sion of providing energy or for the mis- world goals. yields time? sion of getting rid of nuclear pluto- Mr. DOMENICI. How much time re- Mr. BUMPERS addressed the Chair. nium. So, Mr. President, if you look at mains? The PRESIDING OFFICER. The Sen- what the Electric Power Research In- The PRESIDING OFFICER. The Sen- ator from Arkansas. stitute, which is a research arm of the ator has 12 minutes, 7 seconds. Mr. BUMPERS. I yield 5 minutes to electric utility industry, said, they re- Mr. DOMENICI. Senator JOHNSTON? the junior Senator from Massachu- ported in 1991 that the HTGR was just The PRESIDING OFFICER. The Sen- setts. not cost competitive. Now, if the pri- ator from Arkansas has 4 minutes, The PRESIDING OFFICER. The Sen- vate sector refuses to finance the R&D thirty seconds. ator from Massachusetts. on a gas-cooled reactor, why should the Mr. JOHNSTON. Does the Senator Mr. KERRY. Mr. President, I rise in taxpayers? It just does not make sense. want to yield back the balance? support of the amendment of the Sen- I mean, this is one of those projects Mr. BUMPERS. I am sorry. I missed ator from Arkansas, and I must say to which we have got to have the courage that. How much time do I have remaining? my friends I do so on a personal level to say it does not make sense economi- The PRESIDING OFFICER. Four with some reticence because I worked cally, the science is not good. There so closely with both the proponents of minutes, thirty seconds. are other alternative means of dealing Mr. BUMPERS. Mr. President, I yield this. Nevertheless, I feel very strongly with what is being proposed. This is myself 2 minutes. that this is one of the moments where the same argument as the ALMR. It The PRESIDING OFFICER. The Sen- Congress really needs to just make the took us 2 years to cut the ALMR. We ator from Arkansas. cut. The House has voted by 306 to 121 cut it. But it was being proposed as a Mr. BUMPERS. Mr. President, I just to cut the funding for this. We have way of getting rid of nuclear unspent want to say to my colleagues there are been toying around with this tech- fuel. three powerful arguments for finally nology since 1970. We have spent now I think that truly, Mr. President, terminating this program which has some $900 million to date for the tech- this particular expenditure of $900 mil- been around for 30 years. One is the Na- nology. But no commercial buyer is lion since 1970, chasing some kind of le- tional Academy of Sciences that said prepared to step up for this technology. gitimate mission using taxpayers’ there are two eminently better meth- Gas-cooled reactors employ what is money on an ongoing process, in a year ods of using up plutonium: Fabricated known as a passive cooling system, and when we are cutting education, we are fuel, and vitrification. these do not allow for the use of con- cutting Medicare, we are cutting all of Second, this is a much more dan- ventional containment structures to the other programs that are of such gerous project because you have to prevent the release of radiation in case importance, and here we are once again store plutonium for much longer peri- of accidents. That lack of containment trying to protect one of the great ods of time, and that subjects it to di- could be a serious problem and would chases. Truly this is the kind of pro- version for weapons use. represent a major safety tradeoff. gram that makes the wool and mohair And third, we are headed for a $5.3 Mr. JOHNSTON. Will the Senator subsidy look like support for the 101st billion project, 50 percent of which yield on that? Airborne or for cancer research. It sim- Uncle Sugar will have to put up. Mr. KERRY. Not on my time. ply does not stand up to scrutiny under Now, Mr. President, what do you Mr. JOHNSTON. On my time. If the the National Academy Of Sciences it- have to do around here? The Depart- Senator will yield. self, under the private sector’s own ment of Energy does not want it. The S 11078 CONGRESSIONAL RECORD — SENATE August 1, 1995 National Academy of Sciences says it amine, and could not evaluate because [Rollcall Vote No. 347 Leg.] is a terrible idea. And the costs are of the fact that it was not submitted to YEAS—62 staggering. What do you have to do to them. We are now submitting to them Abraham Exon McCain convince people to terminate some- the gas turbine reactor program known Akaka Feingold Moynihan thing around here? The Senator from as GT–MHR with a 90-day deadline and Baucus Feinstein Murray Biden Glenn Nickles Alaska read from the committee re- a maximum amount that they can Bingaman Graham Nunn port. I assume he wrote it. That is spend for the evaluation of $5 million. Boxer Gramm Pell committee report language that he I think that is the fairest thing we can Bradley Grassley Pryor Brown Gregg Reid wrote. It has no technical value. And do for the taxpayers, particularly for Bryan Hatfield Robb the Senator from Alaska says he wants those of us who are worried about what Bumpers Inhofe Rockefeller Campbell Jeffords to put $5 million into this study. After to do with plutonium. Roth 30 years, $1,800,000,000, we are going to Chafee Kassebaum What are we going to do with pluto- Coats Kennedy Sarbanes study it. And, Mr. President, here is nium, Mr. President? Are we just going Cohen Kerrey Simon what the Department of Energy said: to let it sit out there and worry about Conrad Kerry Simpson Smith The Department does not support contin- Coverdell Kohl how to destroy it? We cannot destroy it D’Amato Lautenberg Snowe ued funding of the Gas Turbine Modular He- today. This system burns it. It is pos- Daschle Leahy Specter lium Reactor. There are significant ques- sible to burn 99 percent of it without Dodd Levin Thomas tions about the viability of this reactor type, cost to the taxpayers, and provide Domenici Lieberman Warner including whether the fuel will retain fission Dorgan Mack Wellstone cheap electric energy in the process. products to the extent necessary for safety. NAYS—38 There is little utility interest in this tech- We are going the spend billions of dol- nology, and we believe that development of lars to try to destroy this plutonium. Ashcroft Gorton Lugar this reactor concept would require Federal This process could destroy it while pro- Bennett Grams McConnell Bond Harkin Mikulski expenditures in excess of $1 billion [just] ducing normal utility electric power Breaux Hatch Moseley-Braun over the next decade. for our consumption. Now I think it is Burns Heflin Murkowski The PRESIDING OFFICER. The Sen- a very fine process. I hope it is evalu- Byrd Helms Packwood Cochran Hollings ator has used his 2 minutes. ated and I urge the Senate to vote Pressler Craig Hutchison Santorum Mr. BUMPERS. I yield the floor. against this amendment. DeWine Inouye Shelby Mr. STEVENS addressed the Chair. Dole Johnston Mr. BUMPERS. Is the Senator from Stevens Faircloth Kempthorne The PRESIDING OFFICER. The Sen- Thompson Louisiana prepared to yield back time? Ford Kyl ator from Alaska. Thurmond Mr. STEVENS. Mr. President, I do Mr. JOHNSTON. Yes. Mr. President, I Frist Lott not get into these things lightly, par- yield back the balance of the time. So the amendment (No. 2055) was ticularly coming from an oil producing Mr. BUMPERS. I yield back the bal- agreed to. State—the most significant oil produc- ance of my time, and ask for the yeas Mr. BUMPERS. Mr. President, I ing State in the Union. and nays. move to reconsider the vote. Now, I am arguing for this review by The PRESIDING OFFICER. Is there a Mr. INOUYE. Mr. President, I move the National Research Council because sufficient second? to table the motion. The motion to lay on the table was of the report that came to us that this There is a sufficient second. process will destroy plutonium. The agreed to. The clerk will call the roll. The PRESIDING OFFICER (Mr. Senator from Arkansas has repeatedly MCCAIN). The Senator from New Mex- said that the National Academy has ex- Mr. DOMENICI addressed the Chair. ico. amined this process. That is not true. The PRESIDING OFFICER. The Sen- Mr. DOMENICI. Mr. President, fellow Again I point out that on December 10, ator from New Mexico. Senators, let me ask again, if any 1993, in a letter to Senator BRADLEY, Mr. DOMENICI. Mr. President, I ask Members have amendments that we the chairman of the NAS committee unanimous consent that I may proceed will vote on, I would like to know stated that ‘‘The National Academy for 1 minute. about it. I assume the same holds true Committee did not examine and there- The PRESIDING OFFICER. Without for Senator JOHNSTON. fore could not evaluate the gas turbine objection, it is so ordered. Mr. JOHNSTON. That is correct. reactor.’’ GT–MHR is a new process. Mr. DOMENICI. Mr. President, I We know we have a Dorgan amend- And as the report says—and it is true want to say to Senators who are com- ment that is ready to go. that I did have something to do with ing down now, to vote, could you Mr. DOMENICI. Let me tell Members writing that report—that the informa- search your offices and your minds and what I know, and Senators on our side, tion we have is, that when combined see whether you have any other amend- if you have something to add to this, I with an accelerator, this GT–MHR ments? We would like very much to get would appreciate it. process can destroy 99 percent of pluto- a list right after this. We know of four Senator GRAMS has an amendment nium 239 while producing economically amendments. If there are any others, with reference to the Appalachia Re- and environmentally sound electirc we would like to know about them. We gional Commission. I assume Senator power for the future of the country. are not seeking time agreements yet, GRAMS would be ready at some point Now, I think the Senate should con- just to see how many there are because on that. centrate on what we have done. We we would like to tell our leaders what Senator WELLSTONE has a water level have not said go ahead with this proc- this looks like for the remainder of the amendment. We would have to oppose ess. We have not said fund any more of evening. that. I would like very much for him to this process. We have given $5 million So if Senators have any amendments be ready soon. to the National Research Council and that they want to offer, can they get us Senator BROWN’s amendment has said, examine this process and report information? Maybe we will accept been solved. Senator DORGAN has a back to us in 90 days. If you find this some of them. It will very much help sense-of-the-Senate on line-item veto, process cannot live up to the claims, us in our endeavor to get through at an is that correct? then go ahead and shut down the pro- early hour. I yield the floor. Mr. JOHNSTON. Mr. President, I am gram with the $7.5 million. If you find advised Senator DORGAN says his side that it can, then report that back to The PRESIDING OFFICER (Mr. could take 10 minutes; I suppose our the four committees and we will go fur- ABRAHAM). The question is on agreeing side could take even less than that. I ther. to amendment No. 2055. The yeas and suggest 20 minutes equally divided. Now, I cannot think of anything nays have been ordered. The clerk will Mr. DOMENICI. Mr. President, we more simple than the process of look- call the roll. have to check that out. We will see ing at what we have done. We have pro- The bill clerk proceeded to call the where we are. vided $5 million for the evaluation of roll. Are there any other amendments this unique, new process that the Na- The result was announced—yeas 62, that Senators have that might be of- tional Academy Committee did not ex- nays 38, as follows: fered? August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11079 Mr. BUMPERS. Does the Senator State of Texas. There was $65 million Mr. DOMENICI. And that is all? You from New Mexico have my amend- that the Federal Government was did not have another one on Byrd? ment? going to put up to assist Texas in Mr. JOHNSTON. And a Byrd first-de- Mr. DOMENICI. No. building a cancer institute on the site gree relevant amendment. Mr. BUMPERS. It is regarding the where the super collider was being Mr. DOMENICI. OK. $65 million for a cancer institute. built. Let us add to the unanimous-consent Mr. JOHNSTON. Mr. President, how Texas has now decided that they will request the following: A Byrd second- much time would the Senator from Ar- not build the cancer institute there degree amendment to the Grams kansas want on that amendment? and wants us to give them the $65 mil- amendment, a Byrd relevant amend- Mr. BUMPERS. Mr. President, I want lion. My amendment would rescind the ment, and a Burns relevant amend- to accommodate the expedient disposi- $65 million. ment. tion of this bill. I suggest an hour, and Mrs. HUTCHISON. Will the Senator Mr. JOHNSTON. Mr. President, if the we will try to cut it to 30 or 40 minutes. yield? Senator will withhold the request, I am One hour equally divided. Mr. BUMPERS. I am happy to yield. advised we need to hotline it and we Mr. JOHNSTON. Why do we not cut The PRESIDING OFFICER. Does the will try to do so very quickly. it to 30 or 40 minutes going into de- Senator from Texas seek recognition? Mr. DOMENICI. OK. I withhold. bate? Mrs. HUTCHISON. I understand what Let us proceed. Mr. BUMPERS. It is not always easy the amendment of the Senator from Several Senators addressed the to get the unanimous consent to ex- Arkansas does. I will oppose the Chair. tend the time. amendment because it was part of the The PRESIDING OFFICER. The Sen- Mr. DOMENICI. Let me suggest that package deal that the Federal Govern- ator from Michigan is recognized. your amendment will be very con- ment agreed with the State of Texas to Mr. BUMPERS. Will the Senator troversial, and I think the Senator un- do. Although there was a change, we from Michigan yield for 30 seconds? derstands that. will discuss that during the amend- Mr. ABRAHAM. I will. Without setting time agreements, I ment. Mr. BUMPERS. Mr. President, I would like to see what the amendments My question is, when is this amend- misspoke myself a while ago and in are. If you have one that has to do with ment going to be brought up and what fairness to the Senator from Texas I the superconducting super collider is the proposed time agreement for the want to correct it. The amendment is closedown— unanimous consent? what the Congressman from the dis- Mr. BUMPERS. That is the only one Mr. BUMPERS. I will defer to the trict where the super collider is located we have. distinguished floor manager on that. tried to do in the House, but because of Mr. DOMENICI. Could I ask unani- Mr. DOMENICI. Mr. President, might the House rule, was not permitted to mous consent that the following I say to the Senator from Texas and offer the amendment. amendments be in order, and there be other Senators, I was not looking for a Mrs. HUTCHISON. If the Senator will second-degree amendments permissible time agreement. I was merely looking yield for a minute, I know that was on any of them: Senator GRAMS on Ap- to establish a list of primary amend- what was meant and I appreciate his palachia, Senator WELLSTONE on water ments and see if we could agree on correcting it because I think the Con- level, Senator DORGAN on a sense-of- those, and then we will work out time gressman does not understand the the-Senate on line-item veto, and Sen- agreements and maybe even work out agreement. We will debate this fully ator BUMPERS on superconducting some of the amendments. but it is not the House bill and, of super collider, and that there be no It will be sometime this evening. I course, I am going to try to keep it other amendments in order. understand that is not necessarily in from being in the Senate bill as well. Mr. JOHNSTON. If the Senator would the best interests of the Senator from Mr. DOMENICI. Senator ABRAHAM, I yield, we have a package of agreed Texas, but we have been asked to com- had agreed to accept the Senator’s amendments. If you could make an ex- plete this bill today. amendment and then Senator MACK ception to that, accept those which are Mr. BUMPERS. Mr. President, just wanted some time so I will yield to him cleared by managers on both sides. one other point. This would put this after the Senator’s amendment. Second-degree amendments were per- bill on all fours with the House bill AMENDMENT NO. 2056 mitted or not permitted? which has already done what my amendment would do. (Purpose: To repeal section 7 of the Magnetic Mr. DOMENICI. I cannot follow be- Fusion Energy Engineering Act) cause I cannot hear. Mr. DOMENICI. Mr. President, I ask Now, Mr. President, could I propose a unanimous consent that the only Mr. ABRAHAM. Mr. President, I send unanimous-consent request? amendments that be in order on this to the desk an amendment I think will Mr. FEINGOLD. If the Senator would bill are the Grams amendment on Ap- be agreed to. yield for a moment, I did have an palachia; Wellstone; Dorgan on line- The PRESIDING OFFICER. The amendment that we are trying to work item veto—these amendments are sub- Chair will inform the Senator, under out. At this point, I reserve a spot, in ject to second-degree amendments— the present parliamentary situation it case we do not work it out. Senator FEINGOLD on TVA; Senator will require the pending amendment be Mr. DOMENICI. We will try it again. HARKIN on hydrogen research; and Sen- set aside. I was going to clear Senator Abra- ator PRESSLER; I understand we are ex- Mr. ABRAHAM. Mr. President, I ask ham’s amendment. empting any amendments that could be unanimous consent the pending amend- Senator HUTCHISON would like to in- agreed upon by the two managers; and ment be set aside. This is an amend- quire, a little more specifically, of Sen- Senator ABRAHAM has an amendment ment on behalf of myself as well as ator BUMPERS and see if we cannot get he will offer right quick that we are Senators GRAMS and KYL. an agreement. Could the Senator tell going to accept, so that would be sub- The PRESIDING OFFICER. Without the Senator from Texas precisely what ject to both managers’ agreement. objection, it is so ordered. his amendment would do? Mr. JOHNSTON. Mr. President, if the The clerk will report. Mr. BUMPERS. Mr. President, brief- Senator will yield? The assistant legislative clerk read ly, when we terminated the Mr. DOMENICI. Yes. as follows: superconducting super collider, we en- Mr. JOHNSTON. We would need a The Senator from Michigan [Mr. ABRAHAM] tered into an agreement with the State Byrd second-degree amendment to the for himself, Mr. GRAMS and Mr. KYL, pro- of Texas, which was obligated at that Grams amendment, and a Byrd first-de- poses an amendment numbered 2056. time to spend close to $1 billion. They gree relevant amendment. Mr. ABRAHAM. Mr. President, I ask had already spent quite a bit of it. Mr. DOMENICI. What is the Byrd unanimous consent that reading of the I guess you would say there were two second-degree amendment beyond amendment be dispensed with. parts of the termination agreement. Grams? What was the second one? The PRESIDING OFFICER. Without One dealt with the employees sever- Mr. JOHNSTON. Second degree to objection, it is so ordered. ance package; the other was with the the Grams amendment. The amendment is as follows: S 11080 CONGRESSIONAL RECORD — SENATE August 1, 1995 On page 41, between lines 12 and 13, insert working together bringing other simi- ica’’ and has received strong bipartisan sup- the following: lar amendments to the floor in the port in the 104th Congress; SEC. 510. MAGNETIC FUSION ENERGY ENGINEER- hope we can produce the tangible re- (2) the House of Representatives on Feb- ING. ruary 6, 1995, passed H.R. 2, the Line Item Section 7 of the Magnetic Fusion Energy duction of numerous activities, agen- Veto Act, on a vote of 294–134; Engineering Act (42 U.S,C. 9396) is repealed. cies, and programs in Government that (3) the Senate on March 23, 1995, passed S. SEC. 511. REPEAL OF REPORT ON VERIFICATION have outlived their usefulness. 4, the Separate Enrollment and Line Item TECHNIQUES FOR PRODUCTION OF Mr. President, I ask unanimous con- Veto Act of 1995, on a vote of 69–29; PLUTONIUM AND HIGHLY ENRICHED sent to add Senator ASHCROFT as a co- (4) the House passed S. 4, with the text of URANIUM. sponsor. H.R. 2 inserted, by voice vote on May 17, 1995, Section 3131 of the National Defense Au- The PRESIDING OFFICER. Without 50 days after passage by the Senate; thorization Act for Fiscal Year 1991 (Public (5) notwithstanding the failure of the Law 101–510; 104 Stat. 1839) is amended by objection, it is so ordered. House to request a conference, the Senate striking out subsection (c). Mr. ABRAHAM. I yield the floor. disagreed with the House amendment, re- Mr. ABRAHAM. Mr. President, I will Mr. MACK addressed the Chair. quested a conference and appointed conferees speak briefly to the amendment. The PRESIDING OFFICER. The Sen- on S. 4 on June 20, 1995; Earlier this summer, the Congress ator from Florida. (6) the papers for S. 4 have been held at the adopted a historic budget resolution. Mr. DOMENICI. Mr. President, did we desk of the Speaker of the House for 42 days The PRESIDING OFFICER. If the adopt the amendment? and the Speaker of the House has not yet THE PRESIDING OFFICER. If there moved to appoint conferees; Senator will suspend for a moment, the (7) with the passage of time it increasingly Chair notes the Senate is still not in be no further debate, the question is on appears that the Congress may pass and send order. Please extend courtesy to the agreeing to the amendment. to the President not only the appropriations Senator from Michigan. The Senate is The amendment (No. 2056) was agreed bills for fiscal year 1996 but also the rec- still not in order. to. onciliation bill required by H. Con. Res. 67 The Senator from Michigan is recog- Mr. DOMENICI. Mr. President, I (the concurrent resolution setting forth the nized. move to reconsider the vote. congressional budget for fiscal years 1996, Mr. ABRAHAM. Mr. President, in Mr. JOHNSTON. I move to lay that 1997, 1998, 1999, 2000, 2001, and 2002) without motion on the table. first passing and sending to the President a putting together the budget I think line item veto bill; and Members on all sides worked hard to The motion to lay on the table was (8) the House majority leadership has pub- try to identify various departments, agreed to. licly cast doubt on the prospects for a con- agencies, commissions, boards, and Mr. DOMENICI. Mr. President, before ference on S. 4 this year. councils whose functions were either Senator MACK speaks I wonder if I (b) SENSE OF THE SENATE.—It is the sense unnecessary or duplicative of other ac- could ask Senator GRAMS if he would of the Senate that— let us follow a routine, now. Senator (1) the Speaker of the House should move tivities going on in Government. to appoint conferees on S. 4 immediately, so DORGAN has also been waiting on a Working in conjunction with a num- that the House and Senate may resolve their ber of my fellow freshman Members of line-item veto sense-of-the-Senate. He differences on this important legislation; would agree to 15 minutes per side. this body, we have tried using the as- Mr. DORGAN. Mr. President, are we Could we have him go next and then sumptions made in that budget, using operating under a time agreement by the Senator would follow immediately suggestions that have been previously unanimous consent? made by the GAO, by the CBO, in some after that? The PRESIDING OFFICER. It has cases by the President in the budget Mr. GRAMS. That will be fine. not been formally entered into. submission he made, to try to identify Mr. DOMENICI. I yield the floor. Mr. DOMENICI. Mr. President, I ask numerous agencies of Government The PRESIDING OFFICER (Mr. unanimous consent that on this which no longer fill their purpose and ABRAHAM). The Senator from North Da- amendment there be 15 minutes on a which consequently ought to be termi- kota. side. nated. The purpose of this amendment, AMENDMENT NO. 2057 The PRESIDING OFFICER. Without and it is the first of several we will be (Purpose: To express the sense of the Senate objection, it is so ordered. bringing during the course of the ap- on the conference on S. 4, the Line Item Mr. DOMENICI. I wonder if Senator propriations debates, is to bring to an Veto Act) DORGAN will do me a favor. I forgot, I end to these various no longer nec- Mr. DORGAN. Mr. President, I have left Senator MACK standing. He had essary Government agencies. an amendment No. 2057 at the desk been recognized and I asked him if he The amendment I am offering today which I would like to call up. Is there would wait for us and I did not go back will repeal the authorization of two an amendment pending before the Sen- to him. He wants to speak for 2 min- technical panels who have outlived ate? utes and then it will be Mr. DORGAN’s their usefulness, the Technical Com- The PRESIDING OFFICER. The turn on the amendment. mittee on Verification of Fissile Mate- pending amendment is set aside. Mr. DORGAN. Of course, I will be rial and Nuclear Warhead Controls and Mr. DORGAN. I call up my amend- happy to do that. It is my understand- the Technical Panel on Magnetic Fu- ment. ing there will not be a second-degree on sion. Neither of these panels currently The PRESIDING OFFICER. The my amendment, and I will have an up- receives funding. Nor do they have the clerk will report. or-down vote on my amendment. support of either Congress or the exec- The assistant legislative clerk read Mr. DOMENICI. That is my under- utive branch. In other words, they are as follows: standing. deadwood that should be cleared away The Senator from North Dakota [Mr. DOR- Mr. DORGAN. I yield to the Senator as part of the process of balancing the GAN], for himself, Mr. KOHL, Mr. FORD, Mr. from Florida. budget. ROBB, Mr. BREAUX, Mr. HARKIN, Mr. BRAD- f Mr. President, Congress has the op- LEY, and Mr. WELLSTONE proposes an amend- portunity to produce something a vast ment numbered 2057. PRESIDENT CLINTON’S STATE- majority of Americans want very deep- Mr. DORGAN. Mr. President, I ask MENT ON LEGISLATIVE APPRO- ly, a balanced budget. But to do so unanimous consent that reading of the PRIATIONS means trimming the fat from Govern- amendment be dispensed with. Mr. MACK. Mr. President, earlier ment and cutting spending. This The PRESIDING OFFICER. Without today, in a statement made by Presi- amendment represents a step in that objection, it is so ordered. dent Clinton, he said he was planning direction. It terminates the activities The amendment is as follows: to veto the legislative appropriations of two Federal panels whose job is ei- At the appropriate place in the bill, insert bill, and I find that, frankly, very dis- ther finished or never began. the following: appointing. There have been many More important, it sets the tone I be- SEC. . SENSE OF THE SENATE ON THE CON- press reports suggesting the Clinton FERENCE ON S. 4, THE LINE ITEM lieve we should adopt with all of our VETO ACT. White House is in a constant campaign spending bills. And so, as I said, from (a) FINDINGS.—The Senate finds that— mode. His decision to veto the bill is time to time during the appropriations (1) the line item veto was a major plank in clearly the decision of candidate Clin- process, a number of us are going to be the House majority’s ‘‘Contract with Amer- ton, not President Clinton. Candidate August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11081 Clinton is playing games. He is mis- veto when President Bush was in office that the only reason we are not going leading the American people. and when President Reagan was in of- to pass it right now is because we have This year the Congress, in a biparti- fice, and I have voted for the line-item a Democrat in the White House instead san fashion, cut its own spending by veto now that President Clinton is in of a Republican. That is not the way to nearly 9 percent. A cut of this mag- the office of the Presidency. conduct budget policy in this country. nitude has not occurred in 40 years, I On February 6, the U.S. House passed That is the way to conduct politics. I might say, the last time the Repub- a line-item veto bill. The next month, think it is the kind of Government licans controlled the Congress. on March 23, the U.S. Senate passed a that the American people are sick and The legislative branch bill has not line-item veto bill. A great amount of tired of. They do not want to see a con- been vetoed since 1920. Let me outline time has intervened, and there has not tinuation of it. They are supportive in a couple of the specifics about what we even been a conference. The House has overwhelming numbers of the line-item have done: An overall reduction of $206 not even appointed conferees. veto. It is something that we can do. It million; reduction of Senate committee Many of us feel that a line-item veto is something that will contribute to an budgets by 15 percent; elimination of is a good policy, that it will help in re- effective budget come this fall. the Office of Technology Assessment; a ducing the deficit, that it will cer- I think we are all winners. There are 2-year, 25-percent reduction in the tainly help in trying to take out, from no losers if we pass the line-item veto. budget of the General Accounting Of- some of the legislation that moves So I support this amendment by the fice. through the Congress, special projects Senator from North Dakota. I think This is part of what the President that have not previously been author- that we, as a body, should encourage had to say today: ized or heard or substantially dis- the House to appoint their conferees so [The Congress] is way behind schedule on cussed. Many of us believe that we that we can resolve the minor dif- virtually every budget bill . . . but one bill, ought to see a line-item veto con- ferences between the House and the wouldn’t you know, is right on schedule—the ference report passed by the House and Senate on the line-item veto and get on bill that funds the Congress, its staff, and its the Senate and given to this President with the important work in behalf of operations. I don’t think Congress should before the appropriations bills hit his the American people. take care of its own business before it takes Mr. President, as I said, I am an care of the people’s business. desk and before the reconciliation bill comes to this President. original sponsor of the pending sense- If you listen to that statement, there If a line-item veto is good policy— of-the-Senate amendment, and it states is an implication there that they have and, indeed, in my judgment it is—then simply that the House of Representa- increased spending in the legislative it seems to me that the Speaker of the tives should move to appoint conferees branch. This is one of the most mis- other body ought to appoint conferees. on S. 4, the line-item veto bill, and leading statements that I have heard. Let us have a conference, let us pass that we should not send appropriations The President likes to talk about the conference report, and let us give bills to the President until we pass common ground and solving the fiscal this President the line-item veto to be line-item veto legislation. crisis responsibly, but when it comes to able to use it to reduce the Federal def- It may seem odd to see two Demo- spending cuts he is totally absent. We icit. cratic Senators calling for action on are leading by example. Candidate I do not understand why this is not a the line-item veto, one of the most pop- Clinton is leading by rhetoric. It is dis- matter of high priority for a House ular plans in the Contract With Amer- appointing and bodes poorly for finding that on February 6 passed a line-item ica. But as long time supporters of the the common ground he claims to em- veto bill but now in August has not line-item veto, we are unhappy that brace. even been able to find time to appoint such an important tool for budget dis- We hear a lot of talk about a train conferees. This amendment is very cipline has apparently been lost in the wreck coming in October. President simple. It explains what I have just bog of balanced budget politics. Clinton likes to talk about avoiding it. said, and it says it is the sense of the We ought to move the line-item veto But when it comes time for dem- Senate that the Speaker of the House legislation because it is a tool that can onstrating good faith, President Clin- should move to appoint conferees on S. trim the fat of Government and high- ton takes a walk and candidate Clinton 4 immediately—that is, the line-item light the spending choices that must be comes into play. It may make good pol- veto bill—so that the House and the made if we are going to balance the itics, but President Clinton is not Senate may resolve their differences on budget. We ought to move the line- being served well by candidate Clinton, this important legislation. I at least item veto legislation now because it is and neither are the American people. believe that the line-item veto in the a tool that could save us from the The American people elected us to hands of this President—any Presi- budget impasse that we may be facing. cut spending. We are doing it, and Bill dent—makes sense in terms of public Many now speculate about the com- Clinton is standing in the way. policy, and I hope he has the line-item ing budget train wreck. The President I yield the floor. veto before the appropriations bills and has already threatened to veto six of f the reconciliation bill come to his the appropriations bills passed by the House. Veto override vote counts are ENERGY AND WATER desk. taking place on a tax bill that hasn’t DEVELOPMENT APPROPRIATIONS That is the purpose of this amend- ment. even been drafted. And White House The Senate continued with the con- Mr. President, let me yield 3 minutes Chief of Staff Panetta is drawing up sideration of the bill. to the Senator from Wisconsin, Sen- plans for the anticipated shut down of AMENDMENT NO. 2057 ator KOHL, who is a cosponsor. the Government at the beginning of Mr. DORGAN. Mr. President, am I The PRESIDING OFFICER. The Sen- the fiscal year. correct that amendment 2057 is now ator from Wisconsin is recognized. It does not have to happen this way, pending? Mr. KOHL. Thank you very much. and it should not happen this way. The PRESIDING OFFICER. That is Mr. President, I am an original co- The 104th Congress could be remem- correct. sponsor of this bill, and I believe very bered as the Congress where balanced Mr. DORGAN. Mr. President, I offer strongly that it can be a very useful, in budget changed from a slogan to the this amendment for myself, and Sen- fact, perhaps decisive tool in order to status quo. The House passed a bal- ators KOHL, BREAUX, FORD, ROBB, avoid the budget impasse and a break- anced budget constitutional amend- BRADLEY, WELLSTONE, and HARKIN. down of the whole process, in order for ment; the Senate is one vote away Mr. President, if you will notify me us to avoid having the kind of a ‘‘train from doing so. when I have used 3 minutes, I would ap- wreck’’ that will not allow us to pass a The Republican majority passed a preciate that. budget come this fall. Budget Resolution that balances the This is a very simple amendment. It was in the Contact With America. budget. The Democrats proposed an al- Many of us feel that the President— Not only Democrats but also Repub- ternative that does the same, and a any President—ought to have a line- licans are very supportive of the line- vast majority of our party voted for it. item veto. I voted for the line-item item veto. And there is a suspicion The President has his own balanced S 11082 CONGRESSIONAL RECORD — SENATE August 1, 1995 budget plan on the table. No longer is I think maybe for a change we ought ator for bringing this to our attention, the debate over whether we should bal- to talk about reality here, Mr. Presi- not only to the Members of this body ance the budget—we are now talking dent; that is, there are significant but hopefully to the Members of the about how we will balance the budget. forces afoot who do not want the line- other body, as well as to the attention This remarkable change in business- item veto sent to the President’s desk of the American public. as-usual could all be lost if the debate until after the 13 appropriations bills Do any of us remember the big public shifts away from budget priorities and are dispensed with. I do not agree with display and the big publicity gathering toward budget politics. Passing the that. they had on the steps of the Capitol line-item veto is one way to stop that For 8 years that I have come to the when the Contract With America was from happening. floor of this body in support of the line- announced? There was a huge public If the President has the line-item item veto, I said that I would support display, and it made all the evening veto, he does not have to shut down the line-item veto whether it was a news. whole agencies because he disagrees Democrat or a Republican in the White One of the key plans in that Contract with one or two riders in the bills that House. I think it is wrong of us to With America was action to be taken fund those agencies. He can line-item delay. But I am afraid it is going to be on the line-item veto. What happened veto out the pork or the politics and delayed, and I believe that it is wrong to it? Where is it? Where are the con- send just those items back to Congress of us to do so. ferees from the other body who were for further debate. No unnecessary Senator COATS and I were often ac- willing to sit down and finish this in- show down—just a straightforward de- cused—and we brought this bill up time credibly important part of the con- bate on spending priorities. after time—of saying, well, you would tract? Similarly, if the President has the support this bill only if there was a Re- Nineteen Democrats over here voted line-item veto, he doesn’t have to veto publican in the White House. We stead- for it, and Republican colleagues here an entire tax bill because he objects to fastly maintained that was not the supported it. The Senate appointed the specific items. He can line-item veto case. I still maintain that is not the conferees. We found 18 willing souls to his objections, send them back to Con- case. I urge my colleagues to make sit down with the other body and work gress for another vote, and again force every effort they can to see that con- out the differences. Cannot the House a clear national debate on spending pri- ferees are appointed. find 18 Members who are willing to sit orities. Mr. President, I want to point out with the Senate, Republican and Demo- Balancing the budget means hard one other aspect of this issue; that is, crats, and work out the differences be- choices about where taxpayer dollars that it has been said that there are sig- tween the House- and Senate-passed should go and should not go. It is de- nificant differences between the Sen- bills? bate about what we are as a nation and ate-passed and the House-passed bill. Sometimes what people do in this what we will become. It is a serious de- Yes, that is true, but it is mainly in business, they give a great political bate—not one that ought to disinte- the vehicle. The fundamental aspect of speech and then they sort of forget and grate into a chaotic Government shut the line-item veto that takes a two- hope everybody else forgets what they down. Giving the President line-item thirds vote to override a Presidential said because this is, in effect, what is veto will focus the debate on priorities veto is there. happening. They make this great polit- I do not think there is any doubt that and away from political points. ical announcement and pronouncement Senator COATS and I would be more So I urge my colleagues to support on the steps of the Capitol that the than willing to accommodate the this amendment and send a strong mes- line-item veto was absolutely essential House in practically whatever desires sage to the House: Pass the line-item to Western civilization, and then the they may have, especially since the veto that was in the Contract With House passes it and the Senate passes America. Pass the line-item veto that House version more closely resembles our original proposal than that which it and the House will not appoint the passed the House and the Senate. Don’t conferees. let budget politics keep us from doing finally emerged from the U.S. Senate. Mr. President, speaking as a Member We can send them 18 names and say, what most of us believe is good budget ‘‘Here, pick one of these or pick any- policy. Give the President the line- of this body from this side of the aisle who for 12 years has been involved in body you want to pick. Just pick some- item veto. body to sit down and meet with the I thank the Chair. I yield the floor. this issue, I think we are doing a great The PRESIDING OFFICER. Who disservice to the American people in Senate.’’ If this was so important and it justi- yields time? the things we promised them last No- Mr. COATS addressed the Chair. vember—we Republicans promised fied being put in their Contract With The PRESIDING OFFICER. The Sen- them last November—by delaying final America, is it not still important in ator from Indiana. passage of this very, very significant August to find 18 House Members who Mr. COATS. Mr. President, I yield 5 change in the way that the Govern- can sit down with the Senate and talk minutes to the Senator from Arizona. ment in Washington does business. It is with us? Is it that difficult to do? Or is The PRESIDING OFFICER. The Sen- supported by 73 percent of the Amer- maybe there is another reason? Maybe ator from Arizona is recognized. ican people. the reason is that all these appropria- Mr. MCCAIN. Mr. President, I want Therefore, I am grateful that the tions bills are now working their way to thank the Senator from North Da- Senator from North Dakota has through the House and the Senate. kota for bringing this amendment to brought this bill up. I want to assure I have heard some of them say, the floor. him that I and the Senator from Indi- ‘‘Well, we may do this after we finish There is no doubt that many people ana and others will continue to do ev- with the appropriations bills and they are surprised that, after describing the erything in our power to see that this have already been signed.’’ line-item veto along with a balanced bill is moved along. Very frankly, if That is after the fact. The whole pur- budget amendment as the crown jewels someone accuses us of dragging our pose of a line-item veto is to say that of the Contract With America, we still feet on this issue, there is some legit- some items in an appropriations bill have not had a single conference on the imacy to that accusation, and I regret should not become the law of the land. bill, the line-item veto. very much to have to admit that on And they are saying, ‘‘Well, we want to The House passed it, I believe, in the floor of the Senate. do the appropriations bills first and January and the Senate in February. Mr. President, I yield the remainder then maybe sometime next year we Recently, there have been indications of my time. will appoint the conferees.’’ that the House would appoint conferees Mr. DORGAN. Mr. President, I yield 3 The time is now. The American peo- after their recess begins, which, of minutes to the Senator from Louisi- ple do remember what politicians say course, would preclude any mention of ana. on the steps of the Capitol, and I sug- a full conference until after the August The PRESIDING OFFICER. The Sen- gest that our House conferees should be recess. And there has been no meeting ator from Louisiana. appointed. We can send them a list and of the conferees that have been ap- Mr. BREAUX. Mr. President, I thank they can pick. We can send them 435 pointed on the line-item veto. the Senator. I congratulate the Sen- names and just pick 18. It is not that August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11083 difficult. Start with A and just go right eral years, coming ever closer to a ma- colleagues on both sides of the aisle. As down the list. When we get 18, stop, jority and finally had the break- I voted for line-item veto when it send us the names, we have a meeting, through this year, for which we were passed the Senate, I believe in March, I and we can work this out. If it is im- grateful. But in doing so, we adopted said I did not like the procedure, and I portant enough to put in the contract, what many would say is a somewhat think my friend from Indiana agreed it is important enough to at least fin- convoluted vehicle to deliver the sub- with that. ish the job. stance of line-item veto. The underlying legislation is there. The PRESIDING OFFICER (Mr. Reconciling the two differences be- We just need to refine the procedure. INHOFE). Who yields time? tween the House and the Senate, while And I think it will get there. This is Mr. COATS addressed the Chair. it appears on its face to be a very com- good policy. I used it as Governor of The PRESIDING OFFICER. The Sen- plicated matter, really is not that com- Kentucky, as other Governors have ator from Indiana. plicated, because the underlying sub- used it. It works. You just line the Mr. COATS. I yield myself 5 minutes. stance of the legislation is the same. It item, send it to the legislature with a Mr. President, I wish to join in the is simply the vehicle which delivers message, and they either approve it or commendation of the Senator from that substance that is different. Sen- disapprove it. It is good policy. It North Dakota and support that he has ator MCCAIN and I have said repeatedly ought to come sooner than later. received in bringing forth this resolu- that we are willing to negotiate that So it is ironic to me that after we tion. I wish to thank him as well as the substance and sit down with our col- have been pounded, if I can use that Senator from Wisconsin for their sup- leagues from the House of Representa- word, by those on the other side for port when the issue was before the Sen- tives and work out an acceptable vehi- years now to pass line-item veto, now ate. cle to accomplish that very end. that we have an opportunity and we This obviously is an effort which in- Now, the House has not yet appointed have joined together in a bipartisan volves the Members from both sides of conferees. The Senate has. Senator fashion, we cannot get it done. We can- the aisle because it deals with a very MCCAIN and I have urged the leadership not arrive at the conference for purely fundamental, important principle, and in both the Senate and in the House to political reasons. They do not want to it is a principle underlying the way in accomplish this fact. Discussions have give this President an opportunity to which decisions are made that affect been held with the leadership, and I have the line-item veto as appropria- the way in which taxpayers’ dollars are know that the majority leader is com- tions bills come, as the reconciliation spent. mitted to moving forward. I know that bill comes. Now that we are on the We had what many would consider a has been communicated to the House. verge of passing this into law, the historic debate on this issue. This ef- Obviously, this is an extraordinary Speaker says I do not have time to do fort to provide the President with line- year. Our plates are full as they never it. But as we have heard, he can write item veto power had been tried numer- have been before. We are dealing with two books. He can go out on the trail ous times dating well into the last cen- an extraordinary level and degree of and sell his books. But he does not tury, always failing to gain a majority complex legislative changes. We are re- have time to sit down and pick a hand- of support in necessary votes in both defining the role of Government. We ful of friends to get on a conference Houses of the Congress to send to the are redefining how we spend the tax- committee and let us work it out. I President for his signature. payers’ dollars, and so there is a great think the Speaker should listen to his We accomplished that goal this year, deal before us. That has, unfortu- colleagues on the Senate side of the and it was a historic vote. We fun- nately, delayed the process of getting same party that are sending the same damentally altered the balance of some of these conferences together to message. power between the legislative branch resolve some of this legislation that We need to get this done. But, Mr. and the executive branch in terms of has passed both Houses of the Congress. President, as we try this bipartisan ef- how dollars are spent. The Congress But we do, I believe, have a commit- fort, when we talk about everything had forfeited the power that it held, ment from both Houses now to move being bipartisan, we run into a bump. gave it to the executive branch. In forward with this legislation, to ap- Mr. President, I believe we have finally doing so, it made the statement and point conferees, to meet as soon as is found who runs the political agenda on the commitment to the American peo- possible and bring back to both bodies Capitol Hill. And that is the Speaker of ple that business as usual, that is, at- the line-item veto in a form that is ac- the House. I yield the floor. Mr. DORGAN. How much time is re- taching unrelated, unnecessary spend- ceptable and that can be given to the maining? ing items to otherwise necessary ap- President for his signature, which I be- lieve he has indicated he would sign. The PRESIDING OFFICER. Five propriations bills, was going to end, or The PRESIDING OFFICER. The Sen- minutes remaining. at least we would provide a vehicle to ator’s time has expired. Mr. DORGAN. Let me yield 2 minutes end that practice. We would shed light Mr. COATS. Let me say, Mr. Presi- to the Senator from Virginia, Senator on that practice. And Members would dent, if I could ask unanimous consent ROBB. have to come to the floor and defend for 30 seconds, there is no objection to The PRESIDING OFFICER. The Sen- the particular item, so-called pork bar- acceptance of the sense-of-the-Senate ator from Virginia. rel item, that was attached to a par- resolution that has been offered by the Mr. ROBB. Thank you, Mr. President. ticular appropriations bill. Senator from North Dakota. If he is I thank my colleague from North Da- Therefore, what I think the voters willing to accept that, we do not feel it kota for offering this amendment. I have asked of us, that is, that our yea is necessary to have a vote. Obviously, join with others that have already spo- be yea and our nay be nay on the spe- that is the decision the Senator has to ken on this particular amendment in cific item in question be cast as a vote make, but it is perfectly acceptable to support. I particularly want to com- in this Chamber, so that we no longer our side. It is a good resolution, and I mend our Republican colleagues, be- would hide spending from the direct am proud to support it. cause this is a situation where it might public scrutiny and from the account- Mr. DORGAN. Mr. President, I yield 3 be in their interest to take a little dif- ability that ought to fall to each of us minutes to the Senator from Ken- ferent course of action. in terms of where we stood on a par- tucky. During the time when we had a Re- ticular spending item involving their The PRESIDING OFFICER. The Sen- publican President and a Democratic tax dollars. ator from Kentucky. majority in the Congress, I took the So we passed that historic legislation Mr. FORD. I thank my friend from same position that I do now. I some- but in two very different forms. The North Dakota. Let me compliment times kidded colleagues on this side of form that the Senate used was a very him, Senator KOHL, Senator COATS, the aisle suggesting that if we were to different form than what the House Senator BREAUX, and Senator MCCAIN give this particular request to the used. In fact, the House used a form for the effort that is being put forth then-Republican President of the Unit- that Senator MCCAIN and I originally this evening. ed States, it might not be a gift that had used on a number of occasions. We I wish to associate myself with the was enjoyed to the extent that remarks have led this effort over the last sev- comments that have been made by my might have suggested it would be. S 11084 CONGRESSIONAL RECORD — SENATE August 1, 1995 In this particular case, it puts the who are stalling to stop stalling, stop That is the extent of it. burden directly on the President to dragging their feet, help us get a line- The PRESIDING OFFICER. Is there make some of the very difficult deci- item veto passed; appoint conferees, objection? sions that Members of the legislature have a conference and give this Presi- Without objection, it is so ordered. frequently want to find a way not to dent the line-item veto. In my judg- Mr. DOMENICI. Mr. President, there have to make. So I strongly encourage ment, it is good for the country. is one penciled in I did not see. Senator colleagues to vote in support of this. Mr. President, with that I yield back BOXER from California, Corps of Engi- And I encourage those in the other the remainder of my time. neers offices. body to encourage the Speaker to Mr. President, I ask for a recorded The PRESIDING OFFICER. Without make those appointments so we can vote. objection, it is so ordered. get on with the business. It does not Mr. DOMENICI addressed the Chair. Mr. DOMENICI. I thank the Chair. make sense to suggest that it is an The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The amendment that only makes sense if sufficient second? question is on agreeing to the amend- you have a certain majority and a cer- There appears to be a sufficient sec- ment offered by the Senator from tain party in the Presidency. And I ond. North Dakota, amendment No. 2057. The yeas and nays were ordered. hope that very shortly the Speaker will The yeas and nays have been ordered. The PRESIDING OFFICER. The Sen- find time to make these appointments. The clerk will call the roll. ator from New Mexico. Mr. President, I thank the Chair, and The legislative clerk called the roll. Mr. DOMENICI. I reclaim 30 seconds Mrs. BOXER (when her name was I yield the floor. of my time. The PRESIDING OFFICER. The Sen- called). Present. Mr. President, I did not participate Mr. LOTT. I announce that the Sen- ator from New Mexico. in the debate. It was a good and inter- Mr. DOMENICI. What is the status of ator from Texas [Mr. GRAMM] is nec- esting discussion. But I think that essarily absent. the time on this amendment? there might be other reasons that the The PRESIDING OFFICER. The Sen- Mr. FORD. I announce that the Sen- House has for not having appointed ator from North Dakota has 3 minutes ator from Nebraska [Mr. EXON] is nec- conferees. I understand they have some 19 seconds. And the other side has 5 essarily absent. rules that are difficult in terms of how minutes. The PRESIDING OFFICER. Are there long they can be in conference before Mr. DORGAN. Mr. President, I intend any other Senators in the Chamber de- certain other rules take effect. And, to use only another minute or so. If the siring to vote? frankly, I have no understanding that Senator from New Mexico wishes to The result was announced—yeas 83, they are peculiarly delaying this be- comment, I would be happy to have nays 14, as follows: cause they did not want the line-item him comment. I will ask for 1 minute [Rollcall Vote No. 348 Leg.] veto. and then a recorded vote. YEAS—83 Nonetheless, this ought to serve as a Mr. DOMENICI. I yield back our useful tool in reminding everyone to Abraham Ford McCain time. Akaka Frist McConnell get on with the bill that is highly tout- Mr. DORGAN. Let me then use 1 Ashcroft Glenn Mikulski ed and was debated here in the Senate Baucus Graham minute and then yield back our time Moynihan in a very adequate and thorough man- Bennett Grams Murkowski and ask for a recorded vote at the end. ner. Biden Grassley Murray I would like to say that I offer this Bingaman Gregg I yield back any of my 30 seconds. Nickles amendment because I think there are Bond Harkin Packwood I join in asking for the yeas and Bradley Hatch some who have said very strongly that Pressler nays. Breaux Heflin Pryor Brown Helms they favor a line-item veto, but they The PRESIDING OFFICER. The mo- Reid Bryan Hollings have become lost in the wilderness Robb tion has been properly seconded. Bumpers Hutchison Rockefeller somehow on this issue. There is an old Mr. DOMENICI addressed the Chair. Burns Inhofe Roth saying, ‘‘There’s no prevailing wind The PRESIDING OFFICER. The Sen- Campbell Inouye Chafee Kassebaum Santorum that favors a ship that does not know ator from New Mexico. Shelby where it is going.’’ So we would like to Coats Kempthorne Mr. DOMENICI. I ask that I be per- Cohen Kennedy Simon help those who we think are lost in the mitted, at the request of the majority Conrad Kerrey Simpson wilderness get found today. We would leader, to seek the following unani- Craig Kerry Smith like to provide a prevailing wind to mous consent, which I understand is D’Amato Kohl Snowe Daschle Kyl Specter help them move toward a line-item satisfactory with the other side. And DeWine Lautenberg Stevens veto conference, bring the line-item then we will proceed to vote. Domenici Leahy Thomas veto back to the House and the Senate, Could I do that, Mr. President? Dorgan Levin Thompson and then send the President the line- The PRESIDING OFFICER. Without Faircloth Lieberman Thurmond Feingold Lott Warner item veto—this President, and every objection, it is so ordered. Feinstein Lugar Wellstone President, Republican or Democrat. Mr. DOMENICI. Mr. President, I ask NAYS—14 I say to my friends, Senator COATS unanimous consent that the following and Senator MCCAIN, no one, in my amendments be the only first-degree Byrd Gorton Moseley-Braun Cochran Hatfield Nunn judgment, will, with good cause, ever amendments in order to H.R. 1905; that Coverdell Jeffords Pell suggest that they have stalled on this they be limited to relevant second-de- Dodd Johnston Sarbanes issue. They have been consistent for gree amendments and the excepted Dole Mack years on this issue, as have I and oth- committee amendment be agreed to ANSWERED ‘‘PRESENT’’—1 ers, who for years have voted for the and considered as original text for the Boxer line-item veto, no matter who is in the purpose of further amendments. I will NOT VOTING—2 White House, because we think it will state the amendments: Senator Byrd, measurably help deal with some of the relevant; Harkin, hydroresearch; Exon Gramm problems that exist in appropriations Grams, Appalachia Regional Commis- So, the amendment (No. 2057) was bills and authorization bills and fiscal sion; Feingold, TVA; Wellstone, water agreed to. policy. And we just think it is the right level and reservoir; Pressler, water au- Mr. DOMENICI. Mr. President, I thing to do. thorization; Brown, salary cuts—I be- move to reconsider the vote. So I very much appreciate the com- lieve that is resolved. We will strike Mr. JOHNSTON. I move to lay that ments that have been made today by salary cuts. Bumpers, SCSC close motion on the table. Senator MCCAIN and Senator COATS, down; Dorgan—we just did that. And The motion to lay on the table was and especially by Senators KOHL, the managers’ amendment, which we agreed to. BREAUX, ROBB, and FORD on our side of will do jointly. In addition, Senator (Later the following occurred:) the aisle. And with that, I hope the Burns, Flat Head Indians irrigation; AMENDMENT NO. 2057 Senate will register a strong expression Hatfield, relevant; Specter, an amend- Mr. BYRD. Mr. President, I voted today that we would like to see those ment regarding a medical center. against the amendment today by Mr. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11085

DORGAN and other Senators which ex- The reconciliation bill will be the ve- in the House and Senate want to continue to presses the sense of the Senate as being hicle used by the Republican majority hold back the line-item veto so that I don’t that the Speaker of the House should to include massive tax cuts. There were have it during this year’s budget process. move to appoint conferees on S. 4 im- those who said we ought to give the The line-item veto is a vital tool to cut pork from the budget. If this Congress is serious mediately so that the House and Sen- President this line-item veto; there about deficit reduction, it must pass the ate may resolve their differences on were others who said that the reasons strongest possible line-item veto imme- this important legislation. they did not want to give the President diately, and send it to my desk so I can sign Mr. President, I voted against this a line-item veto now, was because we it right away. amendment for a number of reasons, have President Clinton—a Democrat— This is not a partisan issue. Presidents one of which is, I think we ought to do in the White House, and they did not Reagan and Bush asked Congress for it time everything we can to improve the com- want him to veto line items in the rec- and again, and so have I. It was part of the ity between the two Houses rather than onciliation bill. Republican Contract with America. It has strong support from members of Congress in taking actions that will undermine I have said all along it does not make that comity. I say this without casting both parties and both houses. No matter any difference as to what party has a what party the President belongs to or what any reflection on any of the Senators person holding the office of President party has a majority in Congress, the line- who cosponsored or voted for the sense- of the United States, he should not be item veto would be good for America. of-the-Senate amendment today deal- given a line-item veto. We ought to be If Congress will send me the line-item veto ing with the conference on the line- on guard, always protecting the con- immediately, I am willing to pledge that this item veto. stitutional responsibilities and func- year, I will use it only to cut spending, not Mr. President, I have been in the tions and prerogatives of this, the leg- on tax expenditures in this year’s budget. I have already put you on notice that I will Senate now going on 37 years and I was islative branch. in the House 6 years prior to that. In veto any budget that is loaded with excessive Apparently some of our friends on tax breaks for the wealthy. But I need the these nearly 43 years, I have seldom the other side of the aisle have now seen one body taking action to tell the line-item veto now to hold the line against seen fit to delay acting on the con- pork in every bill the Congress sends me. other body how it should conduct its ference report because they are con- The American people have waited long business. I do not think this is good. I cerned that President Clinton might enough. Congress should give them and the feel that most Senators would cer- utilize the veto power to line item cer- Presidency the line-item veto without fur- tainly not like to see the House pass tain matters out of the appropriations ther delay. amendments or resolutions that called bills. Sincerely, BILL CLINTON. upon the Senate to take certain ac- On our side of the aisle, there are tions. those who say we should send it to him So what we have is a letter from the Both Houses in which I have served now, not hold back, because he is a President to the Speaker of the House have been very careful over the years Democratic President at a time when on May 8 saying, in essence, ‘‘Give me to observe the responsibilities, the du- the Republicans are in control of the the line-item veto.’’ ties, the prerogatives, each of the House and Senate. Now, again I quote from that letter: other. Each House has been conscious Mr. President, I might have a little We must not let another year go by with- of that. sympathy for that approach if it were out the President having authority to elimi- I have been disturbed in recent times nate special interest provisions, such as the that Senators, on this floor, have not for the fact that the President on May 8 of this year wrote a letter to the tax benefits that were targeted to individual called the names of House Members businesses earlier this year in H.R. 831. Honorable NEWT GINGRICH, Speaker of from time to time and in some cases And then lo and behold, 1 month were critical of what House Members the House, in which the President wrote as follows: later, lacking 1 day, the same Presi- had done or how they had voted. dent pledges—pledges—to the majority Mr. President, I do know that in the DEAR MR. SPEAKER: I am writing to urge that Congress quickly complete work on leader of the Senate that if Congress last Congress the Speaker of the House, will send the President that line-item at least the leadership, called to the at- line-item veto legislation so I can use it— this year—to curb wasteful tax and spending veto legislation, the President will tention of a Member or Members of provisions. not—will not—use it on tax expendi- that body the rules against referring to We must not let another year go by with- tures; he will only use it ‘‘to cut spend- Members of the Senate by name. out the President having authority to elimi- ing.’’ And so for a number of reasons I nate special interest provisions, such as the Mr. President, I have difficulty fol- voted against the amendment. I did not tax benefits that were targeted to individual speak against it, but I told the chief businesses earlier this year in H.R. 831. lowing that line of reasoning. It is ob- sponsor that I would vote against it I am disappointed that six weeks after the vious that the President intended to and told him why. Senate passed its version of line-item veto use the line-item veto authority to I feel I should state for the RECORD, legislation, neither body has appointed con- eliminate tax expenditures in the first now that the vote has occurred, my op- ferees. As you may recall, I commended the letter. I was dismayed by the sudden House and the Senate last month for passing reversal by the President in his June 7 position to the amendment. As I say, I line-item veto legislation. However, the job do not believe that the Senate should letter. That was a 180-degree turn by is not complete until a bill is sent to my the White House on matters which are involve itself in the internal matters desk that provides strong line-item veto au- relating to the other body. It is my thority that can be used this year. of the utmost importance to the Amer- opinion that the House is perfectly ca- I have consistently urged the Congress to ican people in terms of fairness relat- pable of determining what it wishes to pass the strongest possible line-item veto. ing to how the deficit will be reduced. do and when it wishes to do it in rela- While both the House and Senate versions And it should leave all thinking Mem- tion to the appointment of conferees on would provide authority to eliminate waste- bers of Congress and the American peo- ful spending and tax provisions, the House- the line-item veto bill or any other ple wondering why this administration passed bill is much stronger—and more would make such an outrageous pledge. bill. Even had I supported the amend- workable. ment, I would have had reservations I appreciate your making passage of line- Why should we Democrats butt our about addressing the business of the item veto legislation a priority. I look for- heads against the wall urging that the other body. I think we should restrain ward to working with the Congress to enact Speaker appoint conferees on a meas- ourselves from doing such things. the line-item veto quickly. ure so that the President would have Another reason why I opposed the Sincerely, the line-item veto authority, which the amendment was because I did not agree BILL CLINTON. President has pledged not to use with paragraph (b)(2) which, as I under- Just a few days later, on June 7, 1995, against tax expenditures? Since the stood it, read that the Congress should the President wrote another letter to President pledged to avoid lining out pass the conference report. the Honorable ROBERT DOLE, majority any new tax expenditures, that meant Now, that paragraph may have been leader of the Senate, in which the that any new goodies in the form of tax stricken from the amendment. President stated: writeoffs would be in place from now I understand that paragraph was DEAR MR. LEADER: I am deeply alarmed by on, further exacerbating our deficit stricken from the amendment. today’s press report that some Republicans problem for years to come. S 11086 CONGRESSIONAL RECORD — SENATE August 1, 1995 So, this unwise pledge by the Presi- bill, and we hope to pass it today. So good feeling, or good comity between dent is just one reason why this Sen- there are other appropriations bills the two bodies. ator is not in any hurry to see a line- that are being acted upon. But now we I would not have voted for the item veto enacted this year. The Presi- hear the threat that if the legislative amendment if for no other reason than dent says he will use the authority appropriations bill is the first to be that reason. I hope that we will slow only on appropriations bills, not on tax sent down to the White House, the down a little bit and not adopt such expenditures. In other words, he will President will be inclined to veto it, resolutions, or else we will meet such continue to cut domestic discretionary because those people up there take care resolutions coming back from the programs—not defense. He is, to the of themselves first. other body, and they will not be en- contrary, recommending that military Mr. DOMENICI. Will the Senator tirely to our liking. spending go up. Apparently, he is going yield for an observation? I yield the floor. to cut nondefense discretionary pro- Mr. BYRD. Yes. (Conclusion of later proceedings.) grams, which are already being se- Mr. DOMENICI. I note there is an- Mrs. BOXER. Mr. President, on the verely cut. other thing the President said in that Dorgan amendment stating the sense- I note also that, in a statement made letter that does not seem to me to be of-the-Senate that the House should this morning in the briefing room at consistent with the way business is appoint conferees on the line-item veto the White House, the President says: done and has been done for a long time bill and a conference should occur, I One of the most interesting things that has and done properly. voted ‘‘present.’’ achieved not too much notice in the last few He says the appropriations bills are Although I have always opposed the days is that while Congress has been taking way behind schedule; all budget bills line-item veto, because I believe it is care of the special interests, it’s also taking are behind schedule. It is my under- an unwarranted transfer of power from care of itself. It is way behind schedule on standing we do not have to get the ap- the legislative branch to the executive virtually every budget bill, in the hope, ap- propriations bills passed until October parently, of enforcing a choice at the end of branch, I do agree with Senator DOR- this fiscal year between shutting the govern- 1. We started in August, did we not? GAN that the Republican Congress ment down and adopting extreme budget That is 2 months. I have been around should not refuse to conference the bill cuts which will be bad for our country, bad here a while, not as long as the Senator simply to embarrass the current Presi- for our economy, and bad for our future. from West Virginia has, but the House dent, who happens to be a Democrat. This may, indeed, confuse a lot of has done a pretty good job. They are Mr. GRAMS. Mr. President, on behalf people. First the President says, ‘‘Give through with all but two, and we have of myself and my good friend from Ari- me a line-item veto with which I can not yet reached August. They finished zona, Senator MCCAIN, and my friend cut.’’ Then he says today that Congress all but two before August arrived. I from Wisconsin, Senator FEINGOLD, we is making cuts that are bad for our have been here many years, and we do intend to offer a bipartisan amendment country: not get all the appropriations done to the energy and water appropriations Apparently, they don’t even plan on let- until 16, 17, 18 September. That is not bill, which would reduce funding for ting the American people see their planned unusual. the Appalachian Regional Commission, Medicare cuts until the last possible minute. So I think the President is making a ARC, by $40 million. But one bill, wouldn’t you know it, is right false argument even there about us First, I will explain some of our rea- on schedule—the bill that funds the Con- being far behind. sons for offering this amendment. gress, its staff, and its operations. Mr. BYRD. Well, in many instances I don’t think Congress should take care of In his inaugural address 35 years ago, its own business before it takes care of the in past years, appropriations bills have President Kennedy challenged the people’s business. If the congressional lead- not been passed until or after the be- American people to ‘‘ask not what your ership follows through on its plan to send me ginning of the next fiscal year. country can do for you, ask what you its own funding bill before it finishes work Mr. DOMENICI. That is correct. can do for your country.’’ Just five on the rest of the budget, I will be compelled Mr. BYRD. I think the Congress is years later, however, those words to veto it. doing very well. The beginning of the seemed to have been forgotten with the Mr. President, if I were in the leader- next fiscal year is October 1, as the establishment in Congress of the ARC, ship today I would say, ‘‘Let us send it Senator has pointed out. We are well the ultimate expression of ‘‘what can I to him. Let him veto it. He can veto it; ahead of that. We have plenty of time get out of my government?″ he can let it become law without his before the beginning of the fiscal year. The goal of Congress in creating the signature; or he can sign it.’’ I hope we will pass all appropriations ARC was to bolster economic develop- The reference is made to Congress bills and have them on the President’s ment in a 195,000 square-mile region ‘‘taking care of its own business.’’ Mr. desk by or before the beginning of the which presently encompasses 13 States. President, the Constitution, in article fiscal year. But I also hope that if the Over the course of the past 30 years, we I, creates the legislative branch. And in President is going to veto appropria- have spent more than $7 billion in the the very first sentence of article I it tions bills, he will do so on the basis of Appalachian region, much of it for provides for the making of laws and the merits, not on the basis of some pork-barrel projects, trying to stimu- vests all power to make laws in the grand strategy to veto appropriations late economic growth there. Congress. In article I, section 9, it vests bills for political purposes. Today, many of the ARC’s programs the appropriations power in the Con- As one member of the Appropriations duplicate activities funded by other gress. The Constitution created the Committee, I take a bit of umbrage at Federal agencies. In fact, Appalachian legislative branch. We have to pass this statement that the legislative ap- corridor construction, under which the laws to appropriate moneys for the leg- propriations bill is being passed first Senate energy and water appropria- islative branch. I do not see that as because Congress is ‘‘taking care of it- tions bill justifies the $40 million in- ‘‘taking care of its own business.’’ The self.’’ crease in funding from the House, also legislative branch has to operate. Mr. DOMENICI. He did not mention, falls under the jurisdiction of the So I hope that the President will sign did he, that we also significantly re- Transportation Department’s Federal the legislative appropriation bill if it duced the cost of the legislative branch highway program. goes to him first. There is no design of Government in that bill? Representative SCOTT KLUG of Wis- here on the part of the Members or on Mr. BYRD. It has been significantly consin put it this way: the part of the leadership to send to reduced, I believe. What the Appalachian Regional Commis- the President the legislative appropria- Mr. DOMENICI. Ten percent. sion does is essentially allow 13 states in this tions bill first. There was no design. Mr. BYRD. Mr. President, I will not country to double dip into infrastructure That is not by calculation or by inten- belabor the point any longer. I think it money, money to do economic development, tion. We have been marking other ap- is unwise to adopt amendments such as and money also to do highway and water propriations bills up in the Appropria- the Senate adopted today instructing construction and projects like that. tions Committee. Another appropria- or urging the Speaker of the House to Now, clearly, Mr. President, the Ap- tions bill has been before the Senate appoint his conferees, and so on. As I palachian Regional Commission has be- today, the energy-water appropriations said, it does not make for good will, come a vehicle to justify continued August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11087 pork-barrel spending which duplicates will make sure funding is perpetuated service block grants, community serv- the efforts of many other Federal pro- forever and ever. ice block grants, Economic Develop- grams. That is hardly what President Mr. President, the ARC is a relic, a ment Agency grants, farmers home Kennedy had in mind 35 years ago. thing of the past. We need to look to- loans, small business development While the ARC allocates funds for the ward the future, toward a balanced loans and grants, rural electrification poor, rural communities of Appalachia, budget, tax cuts, and job creation. loans, highway aid, and the list goes on these areas are no worse off than rural These benefits would far outweigh the and on. communities in Minnesota, Arizona, or additional $40 million in taxpayers’ In addition, as we know, the individ- the 35 other States that do not benefit money the Senate wants to appro- ual States have many similar pro- from the ARC. In fact, in my home priate. grams. The rest of the Nation that is State of Minnesota, 12.8 percent of my Earlier this year, Congress agreed to outside of the Appalachia region has to constituents live below the poverty phase out the ARC in the balanced rely on those programs in order to level. budget resolution which passed both achieve funding to help people who are That is a troubling statistic for a chambers. Our amendment does not poor and deprived. state which considers itself not a poor zero out funding for the ARC this I am very proud of the economic ad- State, but a proud State. It is higher year—it simply reduces the level of vancement that my State has made. I than many states which benefit from funding to that approved by the House, am very proud our standard of living is ARC funding—such as Virginia at 9.4 $142 million. That means $40 million very high and that our economy con- percent, Maryland at 11.6 percent, that goes back to the taxpayers, either tinues to grow. I am also deeply dis- Pennsylvania at 11.7 percent, and Ohio in the form of deficit reduction or tax tressed, as I know many of my fellow at 12.6 percent. cuts. citizens are, that there are still ex- Do Minnesotans have a Federal pro- I urge my colleagues to vote for the tremely poor places in my State, places gram designed just for them? Of course Grams-McCain amendment and support where Native Americans live in holes not. To pay for something like the ARC us in this effort to cut government in the ground, places where there is no on a nationwide basis would require waste. Show the taxpayers that we will running water or sanitation. I believe, billions of dollars, either from cutting keep our word and make the tough frankly, these people, along with the more from other programs, borrowing choices necessary to balance the Fed- people, the Rosebud Sioux and the money from our children, increasing eral budget and bring economic growth Pinewood Sioux, need help as much as the deficit, or raising taxes. The first and prosperity to every region across anyone else. option is unlikely—the remaining this Nation. For us to somehow perpetuate a com- three are completely unacceptable. President Kennedy was right—Ask mission that has spent, now—$5 bil- Already, for every dollar the tax- not what your country can do for you. lion? Mr. GRAMS. It is $7 billion. payers of my State contribute to the Ask what you can do for your country. Mr. MCCAIN. Mr. President, $7 bil- Mr. McCAIN. Will the Senator yield Federal Treasury, they receive only 82 lion—that was originally set up as a centsworth of government services. for a question? temporary commission, I think, is an Mr. GRAMS. I yield. That is 82 cents on the dollar. The argument, frankly, that it has outlived Mr. McCAIN. Is the Senator aware States which receive ARC funding re- its original purpose. ceive, on average, $1.21 for every tax that two of the poorest counties in the Finally, I wonder if my colleague will dollar they contribute. nation are located on Indian reserva- respond to the following statement. In Now, Minnesota has been a good tions in South Dakota—Rosebud Sioux 1994, the American people said they neighbor and has contributed more and the Pine Ridge Sioux? want us to reduce spending. In 1994, the than its fair share. Mr. GRAMS. No, I did not know that. American people said that they want But when Minnesotans see $750,000 of Mr. McCAIN. Is the Senator aware us to do business in a different way, ARC funds spent on a summer practice that South Dakota is not part of Appa- that the tax dollars that they send to stadium for the National Football lachia or countless other areas of pov- Washington, DC, they want wisely and League’s Carolina Panthers, this is a erty on Indian reservations in urban efficiently spent. slap in the face. Clearly, the ARC’s pri- areas and rural communities? If we cannot cut $40 million out of a orities do not reflect the priorities of I wonder if my colleague is aware commission that was recommended to the taxpayers. that as part of the Appalachian Re- be abolished by President Reagan and While there have been some improve- gional Commission, $750,000 was spent that the original House budget pro- ments in the Appalachian region, these for the Carolina Panthers football fa- posal was to do away with, if we cannot have generally followed the health of cility, money was spent for the Ala- cut $40 million and cut it down to only the economy in general. In the 1980’s, bama Music Hall of Fame, money was $142 million, I ask my colleague where there was strong growth in the area spent for a program to attract German he thinks we might really be in the which mirrored the economic growth of travelers to West Virginia, money for commitment that we made to the the country at large. an access road to a Pennsylvania ski American people to balance the budget During this time, ARC funding was resort, money for a limestone cave dis- and reduce this $5 trillion debt that we reduced by 40 percent, roughly the play in Georgia, $1.2 million for the Na- have laid on future generations of level appropriated by the House bill tional Track and Field Hall of Fame, Americans? this year. Did the region suffer? On the money for the NASCAR Hall of Fame, I suggest the answer is we are not contrary. Taxes were cut and unem- funding for a study on the migration of going to go very far in that direction if ployment rates in the region fell by 38 the elderly, funding for a grant to train we cannot make this very modest re- percent. workers for a BMW plant in South duction that my colleague and friend That is how President Kennedy cre- Carolina. from Minnesota is making. ated jobs in the 1960’s. That is how I wonder if the Senator from Min- So I ask my colleague if he believes President Reagan created jobs in the nesota is aware of all of those uses that that this amendment might be a strong 1980’s. That is how we need to create the Appalachian Regional Commission indicator of what is to come in our bat- jobs as we approach the year 2000. has spent money on, and how far the tles to reduce unnecessary spending on The ARC is a classic example of how Appalachian Regional Commission— the part of the Federal Government. pork barrel projects are dished out in which, by the way, was a temporary Mr. GRAMS. I would just like to say, Washington. If ARC programs only commission when it was set up in I know this might sound like just a benefitted two or three States, the 1965—has gone. And is the Senator small step, only $40 million in a city Commission probably would not have aware that the Federal Government where we talk in billions and trillions, lasted as long as it has. But when you has countless programs that provide but I think about how many taxpayers cobble together several hundred coun- economic development assistance for in Minnesota would I have to put in a ties, in 13 different States, with 26 Sen- everyone in America: community de- line to put $40 million into the Treas- ators representing them, you have a velopment block grant programs, hous- ury. There are a lot of people in Min- built-in political constituency that ing development block grants, social nesota to whom I would have to say, S 11088 CONGRESSIONAL RECORD — SENATE August 1, 1995 ‘‘Your money is going to fund a music AMENDMENT NO. 2058 tionship with the Commonwealth of hall of fame in Alabama, a practice (Purpose: To reduce the level of funding for Virginia, and the direct impact that stadium for a professional football the Appalachian Regional Commission to this relationship has on the private team in North Carolina, a NASCAR that enacted by the House of Representa- sector. tives) Hall of Fame. In recent years, a significant portion Mr. GRAMS. Mr. President, I now of ARC funds have been dedicated to I have to say, I am one of the biggest call up amendment 2058 at the desk and local economic development efforts. fans of NASCAR racing in the country, ask for its immediate consideration. Were it not for this assistance, the but I do not know if Minnesota tax- The PRESIDING OFFICER. The LENOWISCO Planning District and payers want to be asked to spend some clerk will report. Wise County would not have been able of their tax money for that, when I The legislative clerk read as follows: to complete construction of the water know in Minnesota there are needs for The Senator from Minnesota [Mr. GRAMS] and sewage lines to provide utility $850,000 to keep flooding out of a town for himself, Mr. MCCAIN, and Mr. FEINGOLD services to the Wise County Industrial in Marshall, $3 million request for a proposes an amendment numbered 2058. Park at Blackwood. These lines were highway, 610. But these are going by On page 32, line 13, strike ‘‘$182,000,000’’ and financed by a $500,000 grant from the insert ‘‘$142,000,000.’’ the wayside because there is not ARC and a $600,000 grant from the U.S. enough money to fund projects like Mr. WARNER. Mr. President, I rise Economic Development Administra- this. But yet we continue to ask for today in opposition to the Grams tion. The construction of these utili- amendment to reduce funding for the money that is being spent for such as ties to serve a new industrial park has Appalachian Regional Commission. the Appalachian Regional Commission. attracted a major wood products manu- During debate on the budget resolu- facturing facility which has created 175 I just wanted to mention one other tion, I supported the McConnell amend- new jobs for the community. thing. It is always great to say we are ment to ensure that the essential serv- The Fifth Planning District serving going to help somebody. But we are al- ices provided by the Appalachian Re- the Alleghany Highlands of Virginia is ways using somebody else’s money to gional Commission are continued for a prominent example of leveraging do it. We are asking the taxpayers of some of this Nation’s most destitute other State and local funds and stimu- this country to pony up for the money areas. The McConnell amendment was lating economic development with par- we want to spend on pet projects. agreed to on the Senate floor by a vote tial funding from the ARC. For fiscal of 51–49, and was included in the ap- I want to recount a story of a lady year 1995 with $350,000 from the ARC, proved conference between the House back in Minnesota, Natalie Wolstad, the Alleghany Regional Commerce and Senate. Coon Rapids. I have used this story be- Center in Clifton Forge, VA was estab- Under the budget resolution, the Ap- lished. This new industrial center al- fore, but I would like to recount it palachian Regional Commission would again. ready has a commitment from two in- adjust spending levels to assume fund- dustries bringing new employment op- She wrote me a letter saying she had ing of $1.154 billion for the Appalachian portunities for over 220 persons. gone to the bank with a realtor trying Regional Commission over fiscal years The ARC funds for this project has to buy their first home, a young cou- 1996–2002. The Energy and Water bill generated an additional $500,000 in ple. After they went through all the that we have before us follows the State funds, $450,000 from the Virginia process, the bank said, ‘‘I am sorry but budget resolution allocating $182 mil- Department of Transportation, $145,000 you do not qualify for a loan.’’ lion for fiscal year 1996. from Alleghany County and $168,173 At a time when we are correctly ter- She said she and her husband went from the Alleghany Highlands Eco- minating or scaling back outdated Fed- home that night and went through nomic Development Authority. As a re- eral programs, I believe the Appalach- sult of a limited Federal commitment, their checkbook and all their bills be- ian Regional Commission is the type of cause they wanted to see what were there is almost a 4-to-1 ratio of non- Federal initiative we should be encour- Federal dollars compared to Federal they doing wrong with their money aging. It is important to recognize that that they could not afford to buy a funds. the ARC uses its limited Federal dol- In many cases these funds have been home. After they figured up all the lars to leverage additional State and the sole source of funding for local bills, they found out they were not local funds. This successful partnership planning efforts for appropriate com- doing something wrong, but as they enables communities in Virginia to munity development. For example, went through it they noticed, really for have tailored programs which help such funds have been used to prepare the first time, how much money was them respond to a variety of grass- and update comprehensive plans which coming out of their paycheck to go for roots needs. are required by Virginia State law to taxes. So it was the tax bite that was In the Commonwealth of Virginia, 21 be updated every 5 years in revise zon- keeping them from qualifying for a counties rely heavily on the assistance ing, subdivision and other land use or- loan. they receive from the Appalachian Re- dinances. In addition funds are used to Like I say, we always want to do gional Commission. Income levels for prepare labor force studies or market- something good for somebody else, but this region of Virginia further indicate ing plans in guide industrial develop- we want to use somebody else’s money. that on average my constituents who ment sites. Those dollars come from taxpayers. reside in this region have incomes Mr. President, the mission of the Ap- which are $6,000 below the average per Those taxpayers have faces and names, palachian Regional Commission is as capita income for the rest of the Na- like Natalie Wolstad. So before we take relevant today as it was when the pro- tion. more money out of their pockets to gram was created. This rural region of In 1960, when the ARC was created, our Nation remains beset with many spend as we think would be needed— the poverty rate in Virginia’s Appa- geographic obstacles that have kept it and as my good friend from Arizona lachian region was 24.4. In 1990, the isolated from industrial expansion. It said, there are many, many poor coun- poverty rate statistics of 17.6 show im- is a region that has been attempting to ties in this country that could use this provement which can be attributed to diversify its economy from its depend- type of funding but they are not sup- the effectiveness of the ARC. However, ency on one industry—coal mining—to plied with dollars from commissions we are still a long way from achieving other stable employment opportuni- like the ARC. There is no MRC, there the United States average poverty ties. It is a program that provides es- is no Minnesota Regional Commission level of 13.1 and also the regional pov- sential services and stimulates the con- that will provide these types of dollars erty level of other ARC-member States tributions of State and local funds. that would help Natalie Wolstad and of 15.2. I urge the Senate to follow the budg- her family. So I think we should think With these statistics in mind, I would et resolution and oppose the Grams twice about asking the taxpayers like to offer some specific points one amendment. whether they want to spend money for should keep in mind regarding the ef- Mr. ROCKEFELLER. Mr. President, I projects like this. fectiveness of ARC programs, its rela- rise in strong opposition to this hostile August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11089 amendment that tries to weaken and adult literacy programs, or the Appa- called the Appalachian Regional Com- retreat from the important work of the lachian Corridor highways, it has made mission should finish its work. Slash- Appalachian Regional Commission. It the difference in West Virginia, Ken- ing the support for such a targeted, ef- is with great pride that I join the sen- tucky, Virginia, and the other Appa- fective commitment to a region that ior Senator of West Virginia in ex- lachian States. was excluded from economic progress plaining to my colleagues why this The highways are the most visible for so long will only create more prob- amendment should be rejected. and best known investments made by lems and more costs that should be Senators listening to this debate may the ARC for the people of Appalachia. avoided. I urge my colleagues to vote think this is an amendment that de- As of today, over two-thirds of the ARC against an amendment that asks the serves the votes of every Senator rep- highway system have been completed. Senate to give up on an investment resenting a State other than the 13 But if this amendment to cut ARC so that will benefit all Americans. States which comprise the Appalachian severely prevails, the job will not be CUTS TO ARC APPROPRIATIONS region. I hope our case will be heard so completed. What a waste of taxpayers’ Mr. MCCONNELL. Mr. President, I that this will not be the conclusion of money to pull out before a road system rise in strong opposition to the amend- our colleagues. is finished. ment offered by my colleague. This The people of every State have a At this very moment, some of these amendment targets the Appalachian stake in the economic strength of the highways are called highways halfway Regional Commission [ARC] for an un- rest of the country. When floods ravage to nowhere, because they are just fair and disproportionate burden of the Midwest or the gulf States; when a that—half built, and only halfway to budget cuts. I have worked with the of- major defense installation or space their destination. The job has to be ficials of ARC to pare back the budget center is located in a State like Texas completed, so these highways become and duties of the ARC. The approach or Alabama; when payments are made highways the whole way to somewhere. we have crafted is balanced, fair, and to farmers in Minnesota or Wisconsin And that somewhere is called jobs and meets the new budget parameters while for dairy support, for crop losses, and prosperity that will benefit the rest of continuing to provide essential assist- for basic support; when billions are the country, too. Appalachia simply ance to the people of Appalachia. spent to shore up S&L institutions in wants to be connected to our national I want to assure my colleagues that certain States; when special aid is grid of highways. Parts of the region the ARC budget proposal does not pre- given to cities or to California after its weren’t lucky enough to come out as serve the status quo. The funding level riots or earthquakes; when research flat land, so the job takes longer and for the fiscal year 1996 budget of $182 labs get special funds in New Mexico or costs more. But it is essential is giving million is $100 million less than what Massachusetts—when any of this sup- the people and families in this part of was appropriated in 1995. This rep- port and assistance is extended, it is the United States of America a shot— resents a 35-percent cut in overall fund- the country’s way of investing in each a chance to be rewarded for a work ing. region and in the futures of Americans ethic and commitment with real eco- It has been a mere 2 months since the everywhere. nomic opportunity and a decent qual- Senate approved my amendment to re- The Appalachian Regional Commis- ity of life. form the ARC. My amendment outlined sion is the Nation’s effort to help a I won’t speak for my colleagues from a blueprint to reform the ARC and set part of this country overcome tremen- other Appalachian States, but West it on a glide path of reduced spending dous barriers. In many parts of the re- Virginia was not exactly the winner in that falls within the guidelines of a gion, major progress has been achieved. the original Interstate Highway Sys- balanced budget by the year 2002. I But the ARC’s job is not finished, and tem. And Senators here represent would like to remind my colleagues the agency should not be abolished many States that were. As a result, that this amendment, which passed the until it is. areas of my State have suffered, eco- Senate, established the fiscal year 1996 Whenever the Senate considers ap- nomically and in human terms. With- funding levels contained in this bill. propriations bills or other budget out roads, people are shut off from Mr. President, I ask that a copy of measures, the question is whether the jobs. That’s obvious. But without that vote be included in the RECORD at the end of my statement. spending proposed is a sound invest- roads, people also can’t get decent The PRESIDING OFFICER. Without ment in the Nation or another form of health care. Dropping out of school is objection, it is so ordered. waste. In this case, the answer is that easier sometimes than taking a 2-hour (See exhibit 1.) the funding in this bill is a vital invest- bus ride because the roads aren’t there. Mr. MCCONNELL. Mr. President, I ment. The bill’s architects already The structure of the ARC makes it understand why the Senator from Min- made the required cut so that the Ap- more efficient and effective than many nesota has offered this amendment. To palachian States are doing our share of other agencies. The ARC is a working, him, the ARC is a program that bene- deficit reduction. Digging deeper is true partnership between Federal, fits only Appalachian States. I might mean-spirited, and it’s a foolish way to State, and local governments. This share his views if I didn’t see first-hand abandon the progress made by ARC structure expects responsibility from the impact this program has had on an over recent years that should be con- citizens and local leaders, Federal area that is burdened by high levels of tinued. If we can’t finish the basic funding is designed to leverage State unemployment and economic disloca- links to economic development and and local money for any activity. Ac- tion. growth, like water and road systems, cording to the ARC, throughout its The ARC is very important not only my State and the region cannot make lifetime, it has contributed less than to Kentucky, but also to a great num- the contributions we want to or build half of the total amount of project ber of other States. This program has the life our people deserve. funds. Administrative costs have ac- proven to be effective in providing tar- The ARC’s partnership with West counted for less than 4 percent of total geted assistance to those who need it Virginia and the Appalachian region costs over ARC’s lifetime. most without wasting millions of dol- should not be severed. We need to fin- Long before it was fashionable, ARC lars on administrative expenses. ish the economic development being used a from-the-bottom-up approach to Although the ARC has made a sig- built on top of the foundation being addressing local needs rather than a nificant impact in improving the eco- laid by the ARC—and that’s essential top-down, one-size-fits-all mandate of nomic opportunities and quality of life in our States for more growth, more the type that has become all too famil- for people living in Appalachia, there jobs, and more hope for our people. iar to citizens dealing with Federal continues to be a real need for assist- As a former Governor, an now as a agencies. It works, too. ance in this region. Poverty, outmigra- U.S. Senator from West Virginia, I I urge everyone in this body to keep tion, and high levels of unemployment know—vividly—the value of the ARC a promise made to a region that has are especially prevalent in central Ap- and how it improves the lives of many been short-shrifted. Each region is palachia, which includes some of the hard-working citizens. Whether the unique. Solutions have to differ, de- poorest counties in the Nation. funding is used for new water and pending on our circumstances. When it The ARC serves parts of 13 States, to- sewer systems, physician recruitment, comes to Appalachia, a small agency taling 399 counties from New York to S 11090 CONGRESSIONAL RECORD — SENATE August 1, 1995 Mississippi. This is a region that lags The 35-percent cut in the first year is Conrad Inhofe Murray behind the Nation in most, if not all, just a start. If the reforms I have pro- D’Amato Jeffords Nickles Domenici Kassebaum Packwood major economic measures. Chronically posed are implemented, funding levels Dorgan Kempthorne Pressler higher unemployment levels, substan- will continue to decline through 2002. Faircloth Kennedy Roth tially lower income levels, and per- Overall, if we use, as a baseline, a hard Feingold Kerry Simon Gorton Kohl niciously high poverty rates plague freeze at 1995 funding levels, my pro- Simpson Graham Kyl Smith most of Appalachia. In eastern Ken- Gramm Lautenberg posal would achieve a 47-percent reduc- Thomas Grams Mack tucky, for example, the poverty rate tion in spending. This amounts to $925 Thompson Grassley McCain stood at 29 percent in 1990—16 percent Wellstone million in savings over 7 years. Gregg Moynihan higher than the national average. With regard to my colleague’s con- Hatfield Murkowski Of the 399 counties served by ARC, cerns regarding the difference between 115 of the counties are considered dis- So the amendment (No. 1148) was agreed the House and Senate spending levels to. tressed. This means that these counties for ARC, I suggest that the Senate has Mr. FORD. Mr. President, I move to recon- suffer from unemployment levels and already spoken on this matter and en- sider the vote by which the amendment was poverty rates that are 150 percent of dorsed this funding level on two occa- agreed to. the national average and have per cap- sions. Once as an amendment that Mr. BYRD. I move to lay that motion on ita incomes that are only two-thirds passed the Senate on May 24, and the the table. the national average. second when this body approved the The motion to lay on the table was agreed to. The ARC was designed to specifically budget resolution. I would also point address the unique problems of this re- out that this spending level was also Mr. BYRD. Mr. President, I rise in gion—which has been afflicted by over included in the chairman’s mark of the opposition to the amendment which a century of exploitation, neglect, geo- budget resolution for fiscal year 1996. proposes to alter the Committee’s rec- graphic barriers, and economic dis- I might also point out to my col- ommendation regarding funding for the tress. These are not problems born of league, that the reconciliation of these Appalachian Regional Commission. cyclical economic fluctuation, but are spending differences should be worked The Committee recommendation is a the result of years of unremitting out in conference. responsible one and should be sup- underdevelopment, isolation, and out- Mr. President, I have worked hard to ported. The ARC is funded just below migration. develop a reform plan that is respon- the President’s request, and is well The good news is that the ARC has below last year’s level. The amendment worked hand-in-hand with each of the sible both to the people of eastern Ken- tucky, and the taxpayers of this Na- by the Senator from Minnesota would 13 States in its jurisdiction to develop reduce the Committee’s recommenda- flexible and effective programs, tai- tion. If my colleagues believe that eliminating the ARC will save money, tion to the House level. lored to the specific needs of each com- Mr. President, the ARC has already munity or region. they are sadly mistaken. The poverty and economic distress of central Appa- contributed to the deficit reduction oc- And there’s more good news. The curring in this appropriations bill. The ARC is unusually lean, as Federal lachia will only deepen, imposing high- er cost on other Federal programs. On ARC is recommended at a level of agencies go, with respect to adminis- $182,000,000, which is $100,000,000, or 35 trative and personnel expenses. Total the other hand, if we keep ARC alive, we can help this region to help itself, percent, below the fiscal year 1995 en- overhead accounts for less than 4 per- acted level. Let me repeat—ARC is al- cent of all expenditures. This is largely and save a lot more money in the long run. ready funded 35 percent below last achieved through close cooperation year’s level. We do not need to drain it I urge my colleagues to reject this with the individual States. any further. Given that the non-de- State Governors contribute 50 per- amendment and maintain this level of fense portion of the 602(b) allocation cent of the administrative costs as well funding for the Appalachian Regional assigned to this appropriation bill is as the full cost of their own regional Commission. down just 13 percent below a freeze, I ARC offices. In fact, I would urge my EXHIBIT 1 contend that the ARC is already bear- colleagues to look to the ARC as a The PRESIDING OFFICER. The question ing more than its fair share of the re- model of efficiency, cost sharing, and is on agreeing to the amendment. ductions in this bill. Cutting below the State cooperation for other Federal Mr. MCCONNELL. Mr. President, I ask for Committee recommendation will im- programs. a rollcall vote. The ARC is not a traditional poverty The PRESIDING OFFICER. Is there a suf- pede upon the ability of ARC to address program, but an economic development ficient second? its core mission—maintaining an effec- program, with a lot of work still ahead There is a sufficient second. tive regional development program of it. The fact is, that Appalachia re- The yeas and nays were ordered. that will create economic opportunity The PRESIDING OFFICER. The clerk will ceives 14 percent less per capita spend- in distressed areas so that commu- call the roll. nities are better positioned to contrib- ing from the Federal Government than The legislative clerk called the roll. the rest of the country—and that in- ute to the national economy. The result was announced—yeas 51, nays As I indicated, Mr. President, ARC cludes funding received through ARC. 49, as follows: While this may not seem like a lot, has already been subjected to a signifi- [Rollcall Vote No. 188 Leg.] cant reduction—35 percent—below the this amounts to $12 billion less for the YEAS—51 Appalachian region annually. FY 1995 level. Can the same be said for Abraham Ford McConnell other accounts in this bill? Bureau of Like many of my colleagues, we are Akaka Frist Mikulski all taking a close look at each and Biden Glenn Moseley-Braun Reclamation funding is down 7.3 per- every program to find areas where we Breaux Harkin Nunn cent; energy supply, research and de- can eliminate wasteful spending. I Bryan Hatch Pell velopment is down 15.6 percent, which Burns Heflin Pryor is less than half of the reduction im- worked with the ARC to ensure that Byrd Helms Reid this program was reduced to its most Coats Hollings Robb posed on ARC. Atomic energy defense essential function—economic develop- Cochran Hutchison Rockefeller activities are up $1.3 billion, or 13 per- ment. Coverdell Inouye Santorum cent; the regional power marketing ad- Craig Johnston Sarbanes The best way we can achieve this is Daschle Kerrey Shelby ministrations are increased by nearly quite simple. First, we start with a 35- DeWine Leahy Snowe 15 percent. So if the concern is about percent reduction from the current Dodd Levin Specter funding, I suggest that Senators look funding level for ARC. There’s no ques- Dole Lieberman Stevens closely at which programs are already Exon Lott Thurmond tion that this is a considerable cut, and Feinstein Lugar Warner bearing more than their fair share of it will have an impact on the ARC’s the reductions in this bill. ability to fully serve its target areas. NAYS—49 Mr. President, the funding rec- But I think it underscores how serious Ashcroft Bond Bumpers ommendation for ARC contained in Baucus Boxer Campbell we are about preserving the vital pur- Bennett Bradley Chafee this appropriations bill is absolutely poses of this agency. Bingaman Brown Cohen consistent with the budget resolution August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11091 approved earlier this summer by the to respond to those challenges. The With any program you can point out House and Senate. The budget resolu- natural topography has created isola- little incidents that are less than the tion assumed that ARC would be re- tion in many parts of Appalachia—it is best. And over a period of, what, 30 duced below the FY 1995 level, and this through programs such as ARC that years or so, they have pointed out very budget does exactly that. The rec- communication and transportation few with the Appalachian Regional ommendation in this appropriation bill links are enhanced so that access to Commission. is consistent with the position taken markets, diversity and opportunity can The fact of the matter is that in the by 51 senators when they voted to fund grow. And by investing in the human 13 States that comprise the Appalach- the ARC during consideration of the component of Appalachia, through bet- ian Regional Commission, they do very budget resolution in the Senate ini- ter education and health, the region is excellent work and needed work, most tially. The budget resolution con- able to provide the workforce nec- of it in highways, which is ongoing, ference agreement adopted the Senate essary to meet these challenges. and to cut 35 percent from that budget position on ARC. In its consideration The programs of the ARC have con- I believe is enough. To cut $100 million of this appropriations bill, the House tributed to improvements in the abil- off of what last year was $282 million I sought to eliminate all funding for the ity of the region to address the dispar- believe is fair enough and more than, ARC and voted overwhelmingly, by a ity in poverty and income levels be- indeed, enough, more than a fair share 3:1 margin (319–108), to support contin- tween Appalachia and other parts of for the Appalachian Regional Commis- ued funding for the Appalachian Re- the country. Despite the progress in re- sion. This is not an important program gional Commission. So the Congress cent years, the income level in Appa- in most States, certainly not in mine. has been clear—the programs of ARC lachia is 17 percent below the national But in those States that comprise the are important, and they should be con- average. The poverty rate in Appa- heart of Appalachia, it is very impor- tinued. lachia is 16 percent above the national tant. For those who contend that the Sen- average. When it comes to U.S. expend- And suffice it to say, we should be ate should not fund ARC at a level dif- itures on a per capita basis, in fiscal prepared to stay here for a long time if ferent than the House, the 602(b) allo- year 1994, Appalachia had 8.2 percent of we do not table this amendment. I hope cation for non-defense activities in the the U.S. population, but received just we do because I believe that they have energy and water development bill is 7.5 percent of U.S. expenditures. So done enough, that we have done enough above the House allocation. I will at- even with the investments from ARC’s to cut the Appalachian Regional Com- tempt to speak on behalf of the Chair- programs, the funding provided to this mission. man of the Appropriations Committee, area is not out of proportion to the but I believe this allocation is consist- So, Mr. President, I move to table needs or economic circumstances. and ask for the yeas and nays. ent with the long-standing commit- Mr. President, at a time when many The PRESIDING OFFICER. Is there a ment to the infrastructure develop- people are demanding a leaner, more sufficient second? ment funded in this bill. ARC is but a efficient government that is closer to part of that infrastructure—just as the the people it serves, the ARC should be There is a sufficient second. investments in the Corps of Engineers held up as a model. ARC operates with The yeas and nays were ordered. and Bureau of Reclamation programs a small staff—about 50 people—and Mr. DOMENICI. Mr. President, might benefit economic activity, so too do spends only about 4 percent of its budg- I state to the Senate, at the request of the programs of the ARC. Mr. Presi- et on overhead. The decisions on the the Republican leader, even though dent, this bill is in compliance with its expenditure of its funds are made after some other issues may be concluded allocation and is already doing its part consulting with the governors of the and votes may be asked for, we are for deficit reduction. region. This Congress has repeatedly going to try to stack votes now until The presumption behind this amend- urged that more attention be paid to 8:30. So everybody should know that. ment is that the benefits of the ARC the input of the governors as we seek We will try to do that after this vote, are limited to a particular geographic to make programs more responsive. I say to my friend. region. Mr. President, that can be true This is exactly what ARC is all about. The PRESIDING OFFICER. The of many programs throughout the gov- Mr. President, the governors of the 13 question is on the tabling motion of ernment, which don’t happen to have states are represented on the Commis- the Senator from Louisiana. the name of their geographical region sion. This is not a Federally-run, top- The yeas and nays have been ordered. in the program name. For example, in down type of operation. It is very much The clerk will call the roll. the Interior appropriations bill, we driven by the local requirements, as The legislative clerk called the roll. fund a program called ‘‘Payments in represented by the governors. All 13 Mr. LOTT. I announce that the Sen- Lieu of Taxes’’. There is nothing geo- governors—8 Republicans and 5 Demo- ator from Texas [Mr. GRAMM] is nec- graphical in that name. However, it crats—have supported the continuation essarily absent. benefits primarily those western states of the Appalachian Regional Commis- Mr. FORD. I announce that the Sen- where the Federal government happens sion. ator from Nebraska [Mr. EXON] is nec- to own land. In that program, we will So, Mr. President, I urge Senators to essarily absent. spend $100 million in FY 1996, of which table this amendment. This agency is 67 percent benefits just 8 states. But we already funded 35 percent below the FY The result was announced—yeas 60, don’t propose to terminate that pro- 1995 level. Cuts are already being im- nays 38, as follows: gram in the Interior bill because it posed on the ARC. Eliminating this [Rollcall Vote No. 349 Leg.] benefits a select few. agency will not solve the problems of YEAS—60 Mr. President, the tradition of this the Federal budget. The Senate has al- Akaka Feinstein Moseley-Braun Congress is to come to the aid of re- ready voted earlier this year to sustain Baucus Ford Moynihan gions of this country that are in need. the ARC. The Senate should stand by Bennett Frist Murkowski Biden Glenn Murray We have responded to the earthquakes its earlier vote and stand by the budget Bingaman Gorton Nunn in California, the floods in the Mid- resolution. Boxer Graham Pell west, hurricane recovery in South The PRESIDING OFFICER. The Sen- Bradley Harkin Pryor Carolina and Florida, volcano erup- ator from Louisiana. Breaux Hatfield Reid Bryan Heflin Robb tions in Washington, and winter storm Mr. JOHNSTON. Mr. President, the Bumpers Hollings Rockefeller damages in the Northeast. Some might business of cutting budgets is a matter Burns Inouye Santorum say ‘‘well, those are in response to nat- of shared sacrifice. We want to be fair Byrd Johnston Sarbanes Cochran Kennedy Shelby ural occurrences—events that were to- in the way we cut our budgets. The Ap- Conrad Kerry Simon tally unpredictable.’’ To that, Mr. palachian Regional Commission has Coverdell Leahy Simpson President, I would respond that the ge- suffered from last year a $100 million Daschle Levin Specter ography that defines Appalachia was cut, from $282 million to $182 million, a DeWine Lieberman Stevens Dodd Lott Thurmond beyond the control of man, and that 35 percent cut, which is more than Domenici McConnell Warner the programs of the ARC are designed most programs in this country. Dorgan Mikulski Wellstone S 11092 CONGRESSIONAL RECORD — SENATE August 1, 1995 NAYS—38 able energy system. One key to the re- Senate. It is now introduced. It has, as Abraham Grams Lautenberg newable hydrogen future is the fuel I said, sponsors from both sides of the Ashcroft Grassley Lugar cell. A fuel cell is an electrochemical aisle. Bond Gregg Mack device with no moving parts, much like It calls for a $25 million authoriza- Brown Hatch McCain Campbell Helms Nickles a car battery. A fuel cell produces elec- tion next year for hydrogen energy re- Chafee Hutchison Packwood tricity when supplied with hydrogen search. I might point out that the Coats Inhofe Pressler and oxygen and when the hydrogen and House has already passed that bill and Cohen Jeffords Roth Craig Kassebaum oxygen combine, then the output is, of the Appropriations Committee in the Smith D’Amato Kempthorne course, H O, pure water. Now, we have House added money to this line to Snowe 2 Dole Kerrey Thomas experience with fuel cells because they bring the total amount for hydrogen Faircloth Kohl research to $15 million. Feingold Kyl Thompson provide the electrical power for our as- tronauts on the space shuttle. Plus it I am quite well aware that the ad- NOT VOTING—2 also produces pure, clean water. ministration only asked for $7.5 mil- Exon Gramm So hydrogen is the latest break- lion. The Jeffords amendment, which So the motion to lay on the table the through. Unlike electricity which it was adopted earlier, provided, if I am amendment (No. 2058) was agreed to. complements, hydrogen can be stored not mistaken, another $1.5 million. (Ms. SNOWE assumed the chair.) and piped long distance with no energy That brings it up to $9 million total. Mr. BYRD. Madam President, I move loss. So we think of hydrogen not so That is still less than what we spent to reconsider the vote by which the much as a source of energy, but as a last year. motion was agreed to. transmittal of energy. It is the carrier So for a very promising energy re- Mr. JOHNSTON. I move to lay that we can use. source, for one that holds a great deal motion on the table. One of the problems with solar en- of promise for cutting down on pollu- The motion to lay on the table was ergy is, of course, it is OK when the tion and for providing a clean renew- agreed to. Sun is shining but it is not too good able source of energy, both for elec- Mr. DOMENICI. Madam President, I when it is cloudy or raining or it is tricity for buildings, for stationary suggest the absence of a quorum. nighttime. The same is true of wind. uses, but also for use in transportation, The PRESIDING OFFICER. The Wind energy is fine, but it is not too this is the wrong way to go in cutting clerk will call the roll. good when the wind is not blowing. And down the research. The assistant legislative clerk pro- so we can use those forms of energy to As I said, the House upped it to $15 ceeded to call the roll. electrolyze water. And this is the per- million. I had offered the amendment Mr. DOMENICI. I ask that the fect cycle. You use biomass or you use in the full Committee on Appropria- quorum call be rescinded. wind or you use solar or you use hydro- tions to bring that up to $15 million. I The PRESIDING OFFICER. Without power, for example. To make must admit, I lost on an 11-to-10 vote. objection, it is so ordered. electrolyzed water, you get the hydro- I think if all the people had been there, Mr. DOMENICI. I understand Senator gen and oxygen, and you then take maybe I would have won. I do not HARKIN wants to speak a moment, and that hydrogen and you combine it back know. Not everybody was there. It was then we will have a colloquy with ref- with oxygen in fuel cells. You get the a very close vote. It was 11 to 10, and it erence to a program he is very inter- electricity. You get heat also that can was bipartisan. There were people on ested in. be used also for air-conditioning. And the Republican side and people on the The PRESIDING OFFICER. The Sen- then what you get is water. So you Democratic side both voting for and ator from Iowa. start with water and you end with against it. So it was a very close vote. Mr. HARKIN. Madam President, I water. And it is a perfectly pure fuel I do not want to take a great deal of thank the chairman for agreeing to a cycle. time of the Senate. I know everybody little colloquy. Before we do that, I Hydrogen is not just a pipedream. It wants to get out of here this evening. I would like to spend a few moments is already being used. These fuel cells have spoken with the chairman about talking about an issue dealing with en- that use hydrogen can efficiently con- this. I am hopeful that when the com- ergy that I care very deeply about and vert the hydrogen back to electricity. mittee goes to conference, they will which in one form has passed the other In fact, buses right now are running on look kindly upon the mark that the body with an overwhelming vote, and hydrogen-fed fuel cells in Vancouver House put in. I want to assure the that is the issue of hydrogen energy. and other cities. These buses have the chairman that he will have my sup- Madam President, I would like you to pickup and the range of fossil fueled port. I can assure him of the support of imagine a future energy scenario based buses. But there is no pollution, and the people who are cosponsors of the on a totally sustainable energy system. they are as energy efficient. bill and I, again, would like to ask the Imagine a car that runs so clean that Furthermore, there is no reason why chairman what his intentions might be you could drink the effluent from the the hydrogen buses should not eventu- when they go to conference on this one tailpipe because the only output from ally cost any more than any other bus. item of hydrogen research. this car would be pure, clean water. And I believe this will be true for auto- Mr. DOMENICI addressed the Chair. Imagine a small electrical power plant mobiles also. But much more work The PRESIDING OFFICER. The Sen- sitting next to all major buildings, fac- needs to be done to bring hydrogen en- ator from New Mexico. tories, shopping centers, apartment ergy to the point where it can be used Mr. DOMENICI. Madam President, houses quietly, very quietly, producing on a wide-scale basis. Senator HARKIN’s request has been par- electrical power and heat or air-condi- A recent House measure just passed tially granted by the Jeffords amend- tioning, with over twice the efficiency the other body that was sponsored by ment which added $1.5 million to this of current power plants, but with abso- Congressman BOB WALKER from Penn- program as part of his larger amend- lutely no pollution. sylvania, who chairs the Science and ment regarding solar energy and other I know it sounds incredible. But it is Technology Committee in the House. I things. possible and it is possible today using have worked with Congressman WALK- I want to make it clear to Senator hydrogen and fuel cells. ER often in the past. I served on the HARKIN that since the House has a Hydrogen is the ideal environmental committee with him when I was a higher number—I think they have $15 fuel. Burning hydrogen produces no Member of the House. And I know of million; we are going in with $9 mil- acid rain, no greenhouse gas emission, his long and deep commitment to get- lion—we will do our very best to work no smog, no ozone-depleting chemicals ting funds in for hydrogen energy re- with them so we do not return with and no radioactive waste. search. And it comes out of his long anything less than $12 million, and And if the hydrogen is made from re- study, as I said, of science and of tech- that is what the Senator originally newable energy, that is solar, wind or nology. As I said, he is now the chair of asked for. We will be there, or higher biomass, then there is absolutely no that committee in the House. The bill than that, when we come out of con- pollution, no greenhouse gases, and no that he introduced, I have introduced ference. resource depletion, a totally sustain- with bipartisan sponsorship here in the I urge that the Senator consider that as a great victory. He has my word, and August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11093 certainly he is going to come out of it page 13, striking House text regarding the law remains binding on the Sec- fairly well. Manistique Harbor, MI. The adoption retary. Mr. HARKIN. Madam President, of this request will restore the House The House also includes report lan- when the Senator from New Mexico language. guage which bears on the repayment gives me his word, I take it to the The PRESIDING OFFICER. Without for the Kesterson Reservoir Cleanup bank. I appreciate his consideration of objection, it is so ordered. Program. this. He has been a strong supporter of Mr. LEVIN. Madam President, I am I understand that there is no Senate research in new energy. I compliment pleased that the managers of the en- report or legislative language concern- him for that. ergy and water development appropria- ing repayment responsibilities for the This is another one of the elements, tions have agreed to keep the House Kesterson Reservoir Cleanup Program I think, that helps us to provide the en- language regarding a federally des- and the San Joaquin Valley Drainage ergy we are going to need in the future. ignated harbor of refuge in Michigan. Program. I thank the chairman for his consid- The provision will allow the implemen- Mr. JOHNSTON. That is correct. eration of this. I will give him what- tation of a U.S. Environmental Protec- Mr. BRADLEY. I also understand ever support I can in getting this item tion Agency administrative order ad- that the taxpayers have spent tens of up in conference. I thank the chair- dressing contaminated sediments in millions of dollars for the cleanup of man. Manistique River and Harbor. the Kesterson Reservoir which was Mr. DOMENICI. Madam President, I In early July, immediately after the built to collect the drainage water am reviewing the list with the ranking House’s favorable action on the Stupak from farms in the Bureau of Reclama- member. I will tell the Senate we are, amendment, I requested that an iden- tions’ San Louis Unit within the believe it or not, perilously close to tical provision be included in the Sen- Central Valley project. The Kesterson facility is so contami- having this bill done. As a matter of ate Appropriations Subcommittee on nated with selenium and other chemi- fact, I ask if Senator WELLSTONE’s and energy and water development bill for cals that it was closed on March of 1985 Senator Grams’ offices would contact fiscal year 1996. I understand that the by the Department of Interior. Many me. I think it is the WELLSTONE Environment Committee has no objec- migratory birds using Kesterson Ponds amendment with reference to water tion to the substance of the language were killed in violation of the Migra- reservoirs. It is the only one still pend- in question, particularly since it does tory Bird Treaty and Congress has ap- ing that needs to be discussed. So if we not affect policy or require Federal propriated tens of millions of dollars to can get some word on that. And then funds. we have the managers’ amendment clean up Kesterson. I appreciate the cooperation of the cleaning up the bill and agreeing to a Mr. JOHNSTON. The Senator is cor- managers and the Environment Com- number of amendments that have been rect. mittee. There are special time con- presented that we both agree on. Obvi- Mr. BRADLEY. It is my further un- straints at work in the Manistique ously, they are going to be in order, derstanding that absent legislative lan- case. The EPA, the Army Corps of En- and we are going to adopt them. I say guage, the repayment for Kesterson gineers, the local community, and the to Senator WELLSTONE, Mr. President, cleanup is reimbursable and the Sec- interested parties, would like to begin that we need to know what his inten- retary of Interior is obligated by law to implementation of the remediation ac- tions are. collect reimbursable costs. tion this summer to prevent further I yield the floor and suggest the ab- Mr. JOHNSTON. That is correct. contaminants from entering Lake sence of a quorum. Mr. BRADLEY. Now is not the time Michigan. I ask unanimous consent The PRESIDING OFFICER. The to be spending additional taxpayer that a letter from the EPA Region V clerk will call the roll. funds on cleanup which should be paid The assistant legislative clerk pro- Administrator be included in the by water contractors whose drainage ceeded to call the roll. RECORD, following my statement. caused such problems at Kesterson. Mr. WELLSTONE. Mr. President, I As some of my colleagues may know, With regard to the San Joaquin River ask unanimous consent that the order winter comes early to the Upper Penin- comprehensive plan, I understand that for the quorum call be rescinded. sula. Therefore, it is urgent that action the House committee report rec- The PRESIDING OFFICER. Without occur during our limited construction ommends that $1 million be moved out objection, it is so ordered. season. If H.R. 1905 should become of the San Joaquin River Basin initia- Mr. WELLSTONE. Madam President, bogged down for some unlikely reason tive and into the Shasta temperature I want my colleagues to know I am in the conference process or on the control device. This would have a dev- ready to go forward with a discussion floor, I hope my colleagues will bear astating effect on the San Joaquin on this amendment. The Senator from with me as I seek to move this lan- River comprehensive plan, a study re- New Mexico is waiting for my col- guage on another vehicle or as an indi- quired under the 1992 statute which is league from Minnesota. The reason for vidual bill. This is not a controversial due for completion next year. Is there this delay is we are waiting for my col- matter. We should move it quickly. language on these funds in the Senate league from Minnesota, and I am reluc- Mr. BRADLEY. Mr. President, I un- bill or report? tant to go forward. I think we will be derstand that the House has included Mr. JOHNSTON. No. ready to go in a few moments. language in its report accompanying Mr. BRADLEY. I thank the Senator I suggest the absence of a quorum. the Energy and Water Appropriations for these clarifications. Nothing in the The PRESIDING OFFICER. The bill which would have an impact on the CVPIA required Friant water users to clerk will call the roll. Central Valley Project Improvement give up any water. The San Joaquin The assistant legislative clerk pro- Act of 1992 (CVPIA). I am very con- comprehensive plan is only a study. ceeded to call the roll. cerned that an appropriations bill AMENDMENTS NO. 2059 THROUGH 2065 Mr. JOHNSTON. Madam President, I would be used for this purpose and I Mr. JOHNSTON. Madam President, I ask unanimous consent that the order urge my colleagues who will be con- send a group of amendments to the for the quorum call be rescinded. ferees on this bill to reject these at- desk and ask unanimous consent that The PRESIDING OFFICER. Without tacks on the CVPIA. the amendments be considered and objection, it is so ordered. The House report attempts to delay a agreed to, en bloc. VITIATING ADOPTION OF COMMITTEE study of the San Joaquin river that Mr. President, these amendments are AMENDMENT ON PAGE 12, BEGINNING ON LINE 17 was established in law through the as follows: An amendment by Senator Mr. JOHNSTON. Madam President, I CVPIA. As the author of that act, I am BINGAMAN to reduce the energy costs of have a group of cleared amendments surprised by the action of the House. Federal facilities; an amendment by now. The study is specifically ordered in the Senators BRADLEY and LAUTENBERG, I ask unanimous consent to vitiate 1992 Act and, in fact, has a statutory within available funds, to provide for the action of the Senate adopting the deadline for action by the Secretary. the use of funds for the Tokamak fu- committee amendment on page 12, be- Clearly, this statute is unaffected by sion test reactor; an amendment by ginning on line 17 through line 18 on any Committee Report language and Senator DASCHLE, within available S 11094 CONGRESSIONAL RECORD — SENATE August 1, 1995 funds, to provide $300,000 to complete a agencies will spend almost $4 billion to opportunities in every one of our feasibility study of alternatives for heat, cool and power their 500,000 build- States, improve the environment by re- meeting the drinking water needs on ings. ducing air pollution and save ourselves the Cheyenne River Sioux Reservation Both the Office of Technology Assess- hundreds of million of dollars every under the Bureau of Reclamation; an ment and the Alliance to Save Energy, year, at no up-front cost to taxpayers. amendment by Senator BAUCUS to pro- a nonprofit group that I chair with As my kid would say, ‘‘Dad, its a no vide $2 million, within available funds, Senator JEFFORDS, have estimated that brainer’’. for Indian energy resource projects, for Federal agencies could save $1 billion AMENDMENT NO. 2060 Crow Indian projects; an amendment annually. (Purpose: To provide for the use of funds for by Senator BYRD respecting Peters- To achieve these savings, agencies the Tokamak Fusion Test Reactor) burg, WV, revising a cost ceiling on an just need to buy the same energy sav- On page 20, lines 22 and 23, after ‘‘ex- authorized Corps of Engineers project; ing technologies—insulation, building pended’’ insert ‘‘, of which amount within available funds $56,000,000 may be available an amendment by Senator FEINGOLD to controls, and energy efficient lighting, heating and air conditioning—that to continue operation of the Tokamak Fu- provide spending limitations on the sion Test Reactor (for which purpose, the TVA Environmental Research Center; have been installed in many private Secretary may use savings from reducing an amendment by Senators BOXER and sector offices and homes. general administrative expenses in accord- BAUCUS with respect to reporting re- Why, because there are now busi- ance with the Department of Energy’s stra- quirements. nesses, known as energy service compa- tegic alignment and downsizing effort, but The PRESIDING OFFICER. The nies, that stand ready to upgrade Fed- none of the savings used for this purpose clerk will report. eral facilities at no up-front cost to the shall come from programmatic accounts The assistant legislative clerk read Government—That’s right, at no up- within this title)’’. as follows: front cost to the Federal Government. Madam President, I rise in support of The Senator from Louisiana [Mr. JOHN- These companies offer what are the pending amendment. This amend- STON], proposes amendments No. 2059 called energy saving performance con- ment is a smart one because it makes through 2065. tracts which provide private sector ex- use of existing Department of Energy The PRESIDING OFFICER. Without pertise to assess what energy saving resources. It is also a no-cost amend- objection, the amendments are agreed technologies are most cost effective, ment. It does not increase any account to. provide nongovernmental financing to in this bill. And it does not take one So the amendments (No. 2059 through make the improvements, install and cent from any other Department of En- 2065) were agreed to, en bloc, as fol- maintain the equipment and guarantee ergy research program. lows: the energy savings will be achieved. Last year’s conference report on the At the appropriate place, insert the follow- Agencies pay for the service over energy and water bill contained lan- ing: time using the energy costs they have guage calling for an expert commission SEC. . ENERGY SAVINGS AT FEDERAL FACILI- saved—if they do not see the saving to report to Congress on what the fu- TIES. they do not pay for the service—its ture of the fusion program should be. (a) REDUCTION IN FACILITIES ENERGY that simple, that is the guarantee. This report was done by the President’s COSTS.—The head of each agency for which Committee on Advisors on Science and funds are made available under this Act shall This type of contract is used every take all actions necessary to achieve during day in the private sector and State and Technology or more commonly known fiscal year 1996 a 5 percent reduction, from local government facilities. For in- as PCAST. This report was written by energy re- fiscal year 1995 levels, in the energy costs of stance, Honeywell Corp. has entered search experts within Government, the the facilities used by the agency. into these energy saving arrangements (b) USE OF COST SAVINGS.—An amount private sector, universities, and the na- with over 1,000 local school districts equal to the amount of cost savings realized tional laboratories. by an agency under subsection (a) shall re- nationwide, allowing schools to rein- The PCAST report anticipated that main available for obligation through the vest $800 million in savings in critical the fusion program would have to live end of fiscal year 1997, without further au- education resources rather than con- with fewer resources in the next few thorization or appropriation, as follows: tinuing to pay for energy waste. years. Despite the dwindling resources (1) CONSERVATION MEASURES.—Fifty per- Unfortunately, even though Congress cent of the amount shall remain available envisioned by the PCAST, they strong- first authorized Federal agencies to ly recommended that the existing for the implementation of additional energy take advantage of this innovative busi- conservation measures and for water con- Tokamak fusion test reactor [TFTR] at servation measures at such facilities used by ness approach in 1986 agencies have Princeton University operate for an- the agency as are designated by the head of been dragging their heals. other 3 years. the agency. To help get things moving, the De- And the statement of administration (2) OTHER PURPOSES.—Fifty percent of the partment of Energy recently prepared policy accompanying this bill reiter- amount shall remain available for use by the streamlined procedures to encourage ates support for the PCAST report in agency for such purposes as are designated their use. general and TFTR specifically. by the head of the agency, consistent with Now is the time for Congress to put applicable law. However, the current language in the the agencies feet to the fire on finan- energy and water bill is ambiguous (c) REPORT.— cial reform of Government energy (1) IN GENERAL.—Not later than December about the TFTR machine. Therefore, 31, 1996, the head of each agency described in waste. Agencies should enter into these this amendment seeks to clarify that subsection (a) shall submit a report to Con- partnerships with the private sector. the Secretary of Energy will have the gress specifying the results of the actions That is why, today I am proposing an authority to keep TFTR effectively op- taken under subsection (a) and providing any amendment calling for each Federal erating for another 3 years. And it ac- recommendations as to how to further re- agency covered by this bill, to reduce complishes exactly what the PCAST duce energy costs and energy consumption in Government energy costs by 5 percent report called for with regard to TFTR. the future. in 1996. I am also asking that agencies Madam President, the fusion pro- (2) CONTENTS.—Each report shall— (A) specify the total energy costs of the fa- report back to us by the end of 1996 to gram has been a success for this coun- cilities used by the agency; ensure that they have actually taken try. The TFTR machine at Princeton (B) identify the reductions achieved; and action to reduce their energy costs. University has broken world records of (C) specify the actions that resulted in the You know, we are often called upon fusion power in the last 2 years. Fur- reductions. up here to make really hard controver- thermore, the TFTR at Princeton is Mr. BINGAMAN. Madam President, sial decisions that please some and the only machine in the world that when it comes to controlling Govern- anger others. This is a winner for ev- uses deuterium-tritium fuel, which is ment spending, nothing stands out in eryone. If 1,000 local school boards have the type of fuel that might one day be my mind more than the billion dollars examined it and are reaping the sav- used in a commercial fusion machine. that the Federal agencies toss out the ings, I say its time we got our Nation’s Madam President, at this time I window every year in energy waste. biggest energy waster on track, too. would like to tell my colleagues about The Federal Government is our Na- With this one, simple reform, we will some of the potential advantages to de- tion’s largest energy waster. This year create thousands of job and business veloping fusion energy. Fusion energy August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11095 holds the promise of an abundant, Madam President, I urge my col- AMENDMENT NO. 2062 clean burning, inexpensive energy al- leagues to support this no-cost amend- (Purpose: To provide that funds shall be ternative for the next century. ment. made available to the Crow tribe for en- The byproducts of fusion energy are ergy resources programs under title XXVI I yield the floor. thousands of times less dangerous than of the Energy Policy Act of 1992) fission. The byproducts also cannot be Mr. BRADLEY. Madam President, On page 20, lines 22 and 23, after ‘‘ex- converted into nuclear weapons. Fi- today Senator LAUTENBERG and I are pended’’ insert ‘‘Provided further, That within nally, fusion energy has no chemical offering an amendment to insure the the amount for Indian Energy Resource combustion products and therefore, continuation of the tokamak fusion projects, $2,000,000 may be made available to test reactor, or TFTR, at the Princeton fund the Crow energy resources programs would not contribute to acid rain or under title XXVI of the Energy Policy Act of global warming. Plasma Physics Laboratory. Without 1992 (25 U.S.C. 3501 et seq.)’’. It is clear that fusion energy is an increasing any account in the bill or AMENDMENT NO. 2063 environmentally sound energy source cutting any other Department of En- worth the investment of Federal re- ergy research program, the amendment At the appropriate place in the bill (sug- gest page 12, after line 16) insert the follow- sources. insures that the TFTR and its valuable ing: Despite all of the promise and suc- research will proceed for another year. SEC. . The project for flood control for Pe- cess of the fusion program in the last 2 I agree that we need to make signifi- tersburg, West Virginia, authorized by sec- years, its budget has been cut deeply cant appropriations cuts, however, we tion 101(a)(26) of the Water Resources Devel- this year. It has been cut by 40 percent should not forget that some cuts hurt opment Act of 1990 (P.L. 101–640, 104 Stat. which is much more than other energy 4611) is modified to authorize the Secretary more than others. Shutting down a research programs. For example: of the Army to construct the project at a Nuclear energy was only cut by 6 per- major research lab like TFTR is doubly total cost not to exceed $26,600,000, with an cent. damaging. First, we lost the important estimated first Federal cost of $19,195,000 and Biological and environmental re- research it might have provided into an estimated first non-Federal cost of search was only cut by 4 percent. cleaner, safer sources of nuclear power. $7,405,000. General sciences was only cut by 1 But even worse, we make it that much AMENDMENT NO. 2064 percent. harder to restart research when times (Purpose: To limit funding for the Tennessee Nuclear physics was only cut 8 per- get better financially but scientists Valley Authority Environmental Research cent. have moved on to other, more secure, Center) And some part of the energy research fields of study. On page 38, lines 1 and 2, after ‘‘$110,339,000, budget actually received increases in The Princeton lab is the world leader to remain available until expended’’ and in- sert ‘‘Of the funds appropriated under this this bill: in fusion research and the only High energy physics received a 2-per- heading, not more than $25,000,000 may be ex- tokamak in the world using deuterium- pended for the Tennessee Valley Authority cent increase; and tritium fuel, the most likely fuel for a Basic energy science got a 6-percent Environmental Research Center in Muscle future commercial fusion reactor. In Shoals, Alabama, in the event that the Cen- increase. December 1993, when this fuel was first ter expends less than $25 million, such Madam President, I understand that injected into the machine, the TFTR amount not expended shall be returned to some of the cuts in the fusion program began setting world fusion power the U.S. Treasury and the Tennessee Valley and in other programs in this bill are records. Over the next few years, re- Authority appropriation reduced accordingly necessary. The allocation for this bill and the Tennessee Valley Authority shall searchers plan to double the production is less than it was last year. The man- take steps to obtain funding from other of fusion power at TFTR. And as re- agers of this bill have had to make sources so as to reduce appropriated funding ported last week in Science magazine, some tough decisions and I commend in the future and, not later than January 1, Princeton scientists have made a re- 1996, submit to Congress a preliminary plan them for their hard work in putting cent breakthrough in fusion research securing funding from other sources. this bill together. However, I believe that adopting this which has great promise for removing Mr. FEINGOLD. Madam President, amendment will improve this bill while some of the biggest obstacles to power the manager’s amendment includes an not increasing its tight allocation. production. amendment relating to funding for the This amendment simply allows the TFTR was authorized by Congress in Tennessee Valley Authority which I Secretary of Energy the flexibility to 1976 and began operations in 1982 at a authored. I appreciate the willingness operate the TFTR machine to complete time when fusion machines could of Members concerned with the issue to all the ongoing experiments at Prince- produce only a 10th of a watt of fusion work out an acceptable amendment. ton. The Federal Government has al- power. The device has now produced This amendment is simple, and struc- ready invested over $1 billion in the fu- more than 10 million watts of fusion tured in such a way to gain acceptance sion facility at Princeton. It would be power—an increase of more than 100 from the Senate, including those from shortsighted to stop these continuing million times. TFTR has achieved or the Tennessee Valley Region. It limits research activities at Princeton, espe- surpassed its initial design objectives and targets funds for the Tennessee cially since the machine will be ending and has higher performance standards Valley Authority and moves TVA for- its operations in 3 years. and capabilities than any other exist- ward on a path of becoming less reliant This amendment does not cut the ing device. upon appropriated funds. core fusion program or the inter- This amendment directs that no When power generation options for national fusion activities funded in more than $25 million of the funds ap- the next century and beyond are se- this bill. Nor does it cut any other en- propriated for TVA may be spent for verely limited, we cannot afford to ergy research activities funded in this TVA’s Environmental Research Center waste precious resources by abandon- bill. It simply allows the fusion re- in Muscle Shoals, Alabama. The House ing important research work like the search on the TFTR machine at Energy and Water bill zeroes out fund- TFTR. Princeton to continue. ing for the Research Center. The Sen- Madam President, in 3 years the fu- AMENDMENT NO. 2061 ate Report explains that the Commit- sion program will be at a turning tee restores funding for the Center, but point. At that time, we must decide (Purpose: To ensure the completion of the proposes to reduce the Center’s funds feasibility study of alternatives for meet- whether or not we will make the long- ing the drinking water needs on the Chey- by 22 percent, from its current appro- term investment in developing fusion enne River Sioux Reservation and sur- priations of $32 million to $25 million. energy. We may or may not have the rounding communities) My amendment would explicitly codify resources at that time to go forward. the Senate Report language and cap But we should move the fusion pro- On page 15, line 17, add: ‘‘Provided further, the amount that the Research Center That within available funds, $300,000 is for gram forward until that day comes. We the completion of the feasibility study of al- could receive at $25 million. It provides should make the best use of the facili- ternatives for meeting the drinking water that if less than $25 million is expended ties and human resources that we have needs on the Cheyenne River Sioux Reserva- on the Center, the amount shall be re- invested so much into over the years. tion and surrounding communities.’’ turned to the Treasury and the TVA S 11096 CONGRESSIONAL RECORD — SENATE August 1, 1995 appropriation reduced accordingly. ducing federal spending, including Center has to fulfill the Nation’s sub- Senate Committee Report rec- those within the TVA area. stantial environmental technology ommendations relative to Madam President, this amendment needs in the future: transitioning the Environmental Re- seeks to move TVA and its various POLLUTION PREVENTION IN AGRICULTURE search Center to dependence upon projects closer toward reduced depend- The Environmental Research Cen- funds other than appropriated funds for ence on federal funding. In this time of ter’s scientists have already developed the conduct of its research program. I severe pressure on the federal budget pollution prevention technologies that was pleased to see that the Committee and the need to reduce the federal defi- are being used across the country. The made such a recommendation, and I am cit, it is essential that some programs, Center is providing technical assist- moving forward with this amendment like TVA, which have served an impor- ance in 70 agrichemical demonstration to ensure that the TVA receives ex- tant purpose in the past, begin to tran- projects in 27 States. plicit legislative direction to achieve sition away from reliance on federal It is a tribute to the Environmental such a transition. funding. This transition should be done Research Center’s work that 15 of the Finally, my amendment adds a new in a careful, planned manner, but the Center’s demonstrators have won State requirement for the Environmental Re- process toward transition off of reli- and regional awards for excellence in search Center. Consistent with the ance on federal funding must begin environmental stewardship. mandate to reduce dependence upon ap- now. This amendment takes us a step A spinoff of the pollution prevention propriated funds, the amendment di- further in that direction and I appre- demonstration work with agricultural rects TVA to report to Congress a plan ciate the support of the manager and chemical suppliers is the impact that for achieving a transition away from interested Senators in reaching an these retailers are having on farmers. appropriated funds at the Environ- agreement in the language of my The Center’s demonstration sites are mental Research Center. That report amendment. providing agri-dealers with informa- should serve as a baseline for next TVA’S ENVIRONMENTAL RESEARCH CENTER tion that they are using in promoting year’s fiscal year 1997 appropriations Mr. HEFLIN. Madam President, I rise environmental stewardship with their process and I am hopeful that the rec- today to urge my colleagues to reject farmer customers. These retailers are ommendations will clarify the source any amendments that would reduce or providing environmental services to and type of funds that support the En- eliminate funding for the Tennessee their customers—services which will go vironmental Research Center’s pro- Valley Authority’s Environmental Re- a long way in helping solve the Na- gram, and help TVA to plan for reduc- search Center. tion’s nonpoint source pollution prob- tions in appropriated funds. TVA’s Environmental Research Cen- lem. Madam President, I recently met ter was once the Nation’s most effec- ANIMAL WASTE MANAGEMENT with the Director of the TVA Environ- tive laboratory for developing new fer- The technologies developed at the mental Research Center. Ongoing work tilizer and nutrient technologies that Environmental Research Center offer in poultry litter utilization, ozone fueled the legendary gains in food and practical solutions to help manage the mitigation, and agricultural pollution fiber production in the United States Nation’s animal waste problems. The prevention all are important areas of and around the world. Because of this Center conducts 37 animal waste man- investigation—and all affect my home work, TVA is largely responsible for agement projects in 10 States including State of Wisconsin. After my meeting, the tremendous success of U.S. agri- high-tech composting for poultry I did feel that the work in which the culture. wastes and poultry by-products. Re- Center is engaged is valuable, but it During the decades TVA conducted search at the Center’s constructed wet- raised two issues to me. First, I ques- its fertilizer and agricultural research lands complex also contributes to solv- tion, given the character of the Cen- programs, it built a strong base of ex- ing severe pollution problems associ- ter’s work, whether this work needs to pertise in chemistry, chemical engi- ated with the poultry and livestock in- be done within the regional context, es- neering, process engineering, agron- dustries. The animal and meat produc- pecially if it has national implications. omy, and other related agricultural tion industries are rapidly growing Second, was the question of whether and nutritional sciences. Now TVA is throughout the Nation to keep up with the Center has a proper institutional capitalizing on this expertise in devel- consumer demands. More than 20 fit within TVA. Certainly, this Center, oping technologies to solve environ- States list poultry and poultry prod- given its capable staff, has the ability mental waste problems in the Ten- ucts as one of their top four agricul- to attract and complete research nessee Valley as well as across the Na- tural income generators. But the down- projects that are reimbursable. tion. side of this $30 billion dollar a year in- Madam President, I understand the Today, TVA’s Environmental Re- dustry is the tremendous volume of role that TVA has played in our his- search Center is on the threshold of poultry litter and other wastes that tory. I also know that we face an un- discovering new ways to prevent or re- must be disposed of or used in the envi- certain budget future. I believe that duce pollution of the air, land, and ronmentally acceptable way. The poul- TVA discretionary funds should be on water from agricultural, municipal, try waste issue is a serious problem for the table, and that the fiscal year 1996 and industrial operations. For our Na- farmers and for the environment. The funds should be structured and tar- tion to achieve agricultural and eco- Center has research underway to de- geted to achieve further reductions in nomic sustainability, we must have in- velop technologies to convert poultry the future. I believe my amendment is novative technologies to operate our litter and other wastes into usable a reasonable approach to address these farms, factories, utilities, and cities in products. concerns, and makes a logical com- environmentally acceptable ways. The Center’s compost research and promise between the House and Senate The research and development under- development facility will demonstrate approaches. I believe that the overall way at the Environmental Research innovative ways to use composting of House level of funding for TVA, which Center will help us avoid a crisis in dis- poultry litter as an industrial process. amounts to a 25-percent cut in the TVA posing our agriculture, municipal, and The process will generate products budget is appropriate in these tight industrial wastes. In fact, some of the with controllable properties and des- budget times and I hope the conferees Environmental Research Center’s tech- ignated uses. will accept that figure. However, I be- nologies are already in use throughout The Center’s researchers are making lieve in making that cut, we should the country in cleaning up contami- progress in investigating the use of nu- seek to direct an appropriate transi- nated sites, reducing pollution from ag- trient-enhanced broiler litter as an or- tion to non-federal funds. ricultural, and converting wastes into ganic-based plant food for turf. And The amendment caps the Center’s value-added products. poultry waste by-products are being funds at $25 million, making the Sen- Let me cite a few examples of the im- evaluated as a feed source for ruminant ate Committee report suggestions hard pact that the Center’s environmental animals and as a substitute in potting numbers by codifying them. I believe and waste conversion work is already mixes for horticultural plants. Poultry that this is an amendment that can be having across the country. These will litter also has potential for production supported by Senators interested in re- serve as examples of the potential the of methane. The Center is exploring August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11097 the commercial opportunities in this styrene, and industrial pollutant, from ture generations will be affected by area. the emissions of a boat manufacturing what we do today and in the early Some cutting-edge research under- facility. years of the 21st century. way at the Center is determining the The Center is working with the De- AMENDMENT NO. 2065 potential of mixing poultry litter with partment of Defense to clean up haz- (Purpose: To require the Secretary of the heat-loving microorganisms to remedi- ardous waste sites on military bases. Army to submit the plan to reduce the ate PCB contaminated soils. This de- Many defense sites have hazardous ma- number of division offices within the Army velopment can benefit many regions of terials containing elemental phos- Corps of Engineers to the Committee on the country where cost-effective tech- phorus. The Center has found a way to Environment and Public Works of the Sen- nologies are needed to clean up con- clean up this problem economically. ate and the Committee on Transportation taminated soils. Let me briefly highlight additional and Infrastructure of the House of Rep- The Center has joined forces with environmental technologies the Envi- resentatives) USDA, EPA, and the poultry industry ronmental Research Center is develop- On page 9, line 24, insert ‘‘(including the to establish a poultry water quality ing to benefit the Nation: Committee on Environment and Public consortium. Together, these public and The Center is developing methods to Works of the Senate and the Committee on Transportation and Infrastructure of the private organizations are promoting in- predict environmental impacts of agri- House of Representatives)’’ after ‘‘(Con- novative ways to manage and convert cultural practices on nonpoint source gress’’. poultry wastes to assure that surface pollution on a watershed scale. Mr. JOHNSTON. Mr. President, I and groundwater quality are protected. The Center’s scientists are seeking move to reconsider the vote. It is essential that this work con- ways to use waste materials from fossil tinue. The Center has the expertise and fuel-fired electricity producing plants Mr. DOMENICI. I move to lay that research facilities to speed the develop- in the United States. These fossil motion on the table. ment of needed technologies for animal fueled plants today generate 120 mil- The motion to lay on the table was waste management practices through- lion tons annually of coal combustion agreed to. out the country. wastes. The Center is making progress Mr. DOMENICI. Madam President, I have a series of amendments that I will ENVIRONMENTAL TECHNOLOGIES in developing uses for these wastes, offer, en bloc. I might state to the Sen- There is a national concern over re- such as in soil amendments, plastics, ate that I think that the only thing ducing ozone concentrations in urban paint fillers, and construction mate- left after this is accomplished is the as well as rural areas of the country. rials. These and other uses for such disposition of the Wellstone amend- America has spent billions of dollars on wastes will significantly reduce the ment. I might say that Senator emissions reductions during the past amount of coal-combustion wastes WELLSTONE is here waiting. Senator decade. But we still have serious prob- going to landfills or other storage ROD GRAMS of Minnesota is on his way. lems. Ninety-six urban areas affecting areas. He thought we had nothing going until 63 million people were identified in 1990 The Center is conducting research to 8:30 because that is what I had an- as having ground-level ozone problems. detect, track, and remediate wastes nounced. But he will be here shortly, Ozone in the upper atmosphere is good, and contaminants. These include and we will discuss the Senator’s but at ground level it causes res- organics and toxic metals in waste amendment and see what we can work piratory problems, reduces agricultural water from industrial, power genera- out, if anything, then. crop production, and hinders business tion, and municipal operations; oily Mr. WELLSTONE. I thank my col- growth. contaminants to surface water (ponds, The southeastern United States is es- streams, and rivers); organic and inor- league from New Mexico. We can wait pecially susceptible to ozone exposure ganic contaminants in soil and ground- and see what we can work out. because of the region’s warm tempera- water; and chemical emissions to the Mr. DOMENICI. Senator HUTCHISON tures, abundant sunshine, and high fre- air. has an amendment on Cooper Lake, quency of air stagnation, in addition, The Center’s scientists project that Corps of Engineers; Senators GRAMS to the large percentage of forest land. 40 percent of the remediation an res- and WELLSTONE have an amendment on To address this concern, the Center toration needs of the Nation can be Marshall, MI, Corps of Engineers; Sen- helped establish the southern oxidants handled by bioremediation tech- ator WARNER has an amendment on study, a unique partnership of Federal nologies. These technologies use living Virginia Beach hurricane protection; agencies (TVA, EPA, NOAA, the Na- organisms to destroy pollutants such Senator BROWN has two amendments tional Park Service, NASA, and DOE), as PCBs; and, these bioremediation on Delaware Basin and Susquehanna universities, industry, and regulatory technologies are more cost-effective River Basin Commissions; Senators agencies. The research conducted by than many of today’s cleanup methods. CRAIG and KEMPTHORNE have an amend- this group has significantly improved The Center’s biotechnical research ment on Idaho Chemical Processing our understanding of the factors that technologies will help reduce the Na- Plant at the Idaho Engineering Labora- control ozone formation. This public- tion’s cost for hazardous waste remedi- tory. They have a statement they wish private partnership is recognized as an ation and site restoration which is esti- to be included following this action. excellent example of the efficient use mated to be $1.7 trillion over the next Senators PRESSLER and DASCHLE have of limited Federal resources. Research 30 years. an amendment on Lake Traverse, results from the southern oxidants Mr. President, and my colleagues in South Dakota and Minnesota, which study have significant application to the Senate, TVA’s Environmental Re- has been cleared on both sides; Sen- many other parts of the country. search Center is addressing many of ators DOLE and KASSEBAUM have an The Center has developed a geneti- the concerns of the Nation in the envi- amendment on Arkansas City flood cally-engineered microbe that feeds on ronmental and waste management control project; Senator HATFIELD has PCBs. This is a low cost way to clean areas. As this chart shows, the Center an amendment on Coos Bay. up PCB-contaminated soils and will is involved directly in environmental AMENDMENTS NOS. 2066 THROUGH 2075 save millions of dollars annually in and waste management projects in 41 Mr. DOMENICI. Madam President, I cleanup costs. The Center’s con- States. And the technologies being de- send a group of amendments to the structed wetlands research facility is veloped have significance for all the desk and ask unanimous consent that showing how to use this technology for States, and indeed, the whole world. the amendments be considered and more effective and low-cost cleanup of It makes no sense to cut funding for agreed to, en bloc. industrial, municipal, and animal this effective, problem-solving research The PRESIDING OFFICER. The wastes. laboratory. Our Nation is at a cross- clerk will report. The Center is working on an eco- roads. We have the unique responsibil- The assistant legislative clerk read nomical way to filter and remove in- ity today to manage the fragile balance as follows: dustrial air pollutants from manufac- between sustainable economic develop- The Senator from New Mexico [Mr. DOMEN- turing plant emissions. For example, ment and environmental protection. ICI] proposes amendments numbered 2066 the system is removing 99 percent of The Welfare of our generation and fu- through 2075. S 11098 CONGRESSIONAL RECORD — SENATE August 1, 1995 The PRESIDING OFFICER. Without ficiencies at the plant. As the Depart- level of funding for the DOE clean up objection, the amendments are agreed ment of Energy has stated in their field program provided by this bill. As the to. budget request, ‘‘Correction of these managers of the bill know, this is a The amendments (Nos. 2066 through deficiencies will reduce health and very important program to the States 2075) were agreed to, en bloc, as fol- safety risks and provide safe and reli- and communities that host DOE facili- lows: able utilities to support the ICPP mis- ties. In light of our very difficult budg- AMENDMENT NO. 2066 sion.’’ These facilities are outdated, etary situation, I am pleased by the (Purpose: To provide for the donation of land overloaded and not in compliance with level of funding for defense environ- to the Army Corps of Engineers and the State regulations, DOE orders or na- mental restoration and waste manage- United States, the development of a recre- tional codes and standards. This ment provided by this bill. ation center, and the designation of land project includes upgrades to normal I want to once again thank the man- for mitigation) and standby power electrical systems, agers of the bill for their help and con- On page 13 insert the following new section sanitary sewer systems and water sys- sideration. after line 23: tems. AMENDMENT NO. 2072 SEC. . (a) The Secretary of the Army is Madam President, there are spent nu- (Purpose: To require the Army Corps of En- authorized to accept from a non-Federal clear fuels stored at the Idaho Chemi- sponsor an amount of additional lands not to gineers to take such actions as are nec- exceed 300 acres which are contiguous to the cal Processing Plant and it is essential essary to obtain and maintain a specified Cooper Lake and Channels Project, Texas, they be stored safely. Madam Presi- elevation in Lake Traverse, South Dakota authorized by the River and Harbor Act of dent, this amendment will assure that and Minnesota) 1965 and the Water Resources Development goal is met. At the appropriate place in title I, insert Act of 1986, and which provide habitat value I thank the managers. the following: at least equal to that provided by the lands Mr. KEMPTHORNE. Madam Presi- SEC. 1 . WATER LEVEL IN LAKE TRAVERSE, authorized to be redesignated in subsection dent, I am pleased to join Senator SOUTH DAKOTA AND MINNESOTA. (a) IN GENERAL.—Subject to subsection (b), (b). CRAIG in cosponsoring this amendment. (b) Upon the completion of subsection (a), Madam President, this amendment notwithstanding any other law, the Sec- retary of the Army, acting through the Chief the Secretary is further authorized to redes- provides funding, as called for in the ignate an amount of mitigation land not to of Engineers of the Army Corps of Engineers exceed 300 acres to recreation purposes. President’s budget request, for elec- and using funds made available under this (c) The cost of all work to be undertaken trical and utility upgrades at the Idaho Act, shall, to the greater extent practicable, pursuant to this section, including but not Chemical Processing Plant at the take such actions as are necessary to obtain limited to real estate appraisals, cultural Idaho National Engineering Labora- and maintain an elevation of 977 feet above and environmental surveys, and all develop- tory. The funding, $4.9 million, would sea level in Lake Traverse, South Dakota ment necessary to avoid net mitigation come from the $1.45 billion provided for and Minnesota. losses, to the extent such actions are re- the nuclear materials and facilities (b) LIMITATION.—No action taken under quired, shall be borne by the donating spon- subsection (a) shall result in flooding at Mud stabilization program within the $5.9 Lake, South Dakota and Minnesota. sor. billion provided for the Defense Envi- Mr. PRESSLER. Madam President, AMENDMENT NO. 2067 ronmental Restoration and Waste Man- today I and Senator DASCHLE are offer- On page 6, after line 11, add: ‘‘; For Mar- agement account. shall, Minnesota, $850,000;’’. This project was previously identified ing an amendment to correct a problem AMENDMENT NO. 2068 as a safety concern by the Nuclear Fa- in South Dakota that has resulted in On page 6, between line 11 and line 12 insert cilities Safety Board. The Idaho Chem- severe flooding along the shores of the following: ‘‘Virginia Beach Erosion Con- ical Processing Plant is one of the fa- Lake Traverse over the last several trol and Hurricane Protection, Virginia, cilities at INEL that stores large vol- years. Lake Traverse lies on the far $1,100,000;’’. umes of highly radioactive spent nu- northeast section of South Dakota and AMENDMENT NO. 2069 clear fuel. in parts of western Minnesota. In fact, (Purpose: To limit the use of funds for the According to the Defense Nuclear Fa- the boundary line between South Da- Delaware River Basin Commission) cilities Safety Board report of October kota and Minnesota goes through the On page 33, strike line 5 and insert the fol- 12, 1994, ‘‘The electrical systems at middle of the lake. lowing: Commission, as authorized by law (75 ICPP, including CPP–603, are outdated Two out of the last three years, Lake Stat. 716), $440,000, Provided: that the U.S. and overloaded, and are not in compli- Traverse has faced a major disaster due Commissioner (Alternate Federal Member) ance with state regulations, DOE or- to high water levels. Shorelines were shall not be compensated at a level higher destroyed. Some small businesses lost than General Schedule level 15. ders, National Electric Codes and money and proprietors were placed in AMENDMENT NO. 2070 Standards and IEEE Standards.’’ This report also states that these problems financial jeopardy. Farmland was dam- (Purpose: To limit the use of funds for the aged and homes, cottages and other Susquehanna River Basin Commission) ‘‘present potential health and safety risks during continued operation and structures were damaged or destroyed. On page 37, strike line 14 and insert the fol- And if this is not enough, the environ- lowing: $280,000, Provided: that the U.S. Com- maintenance of these systems. Up- missioner (Alternate Federal Member) shall grades to these systems are required ment and subsequent erosion wreaked not be compensated at a level higher than but have been delayed for many years.’’ havoc to the local land. Thousands of General Schedule level 15. Likewise, the fiscal year 1996 DOE trees are under water and are dead or AMENDMENT NO. 2071 budget submission states ‘‘Upgrades to dying. Something must be done. Page 26, line 16, insert the following before the ICPP electrical and utility dis- According to the U.S. Army Corps of the period: ‘‘: Provided, that within available tribution system are essential to: Engineers, Congressional approval is funds, $4,952,000 is provided for electrical and First, provide safe operation of site fa- needed before they can take steps to utility systems upgrade, Idaho Chemical cilities vital to the ICPP mission, sec- correct the high water level and ero- Processing Plant, Idaho National Engineer- ond, provide a safe work place for em- sion problems. The Corps is managing ing Laboratory, project number 96–D–463’’. ployees, third, minimize risk of prop- the lake with arcane rules that are half Mr. CRAIG. Madam President, I want erty damage as well as damage to the a century old. That is unacceptable. to thank the bill managers for agreeing environment, and fourth, provide ade- My amendment would give the Corps to my and Senator KEMPTHORNE’s quate capacity to support the DOE the necessary authority to better man- amendment that provides $4.9 million mission.’’ age water release at Lake Traverse and for safety upgrades to the Idaho Chemi- I am sure the chairman and ranking control erosion. cal Processing Plant. I strongly sup- member understand the importance of The amendment would direct the port this proposal, the electrical and this project and I regret that I did not U.S. Army Corps of Engineers the need- utility systems upgrade [EUSU] bring this project to their attention ed authority to obtain and maintain an project, that will upgrade the Idaho sooner. I want to thank Senator DO- elevation of 977 feet above sea level at Chemical Processing Plant utility sys- MENICI and Senator JOHNSTON for Lake Traverse. The amendment also tems. agreeing to accept this amendment. assures that should the Corps take ac- This project will correct high risk en- Finally, I want to thank Senators tion, such action would not result in vironmental, health and life safety de- DOMENICI and JOHNSTON for this overall flooding at Mud Lake. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11099 There is strong public support for that anything I can do to accommodate We have nothing else pending. We this action. I have held two meetings colleagues is fine with me. I am hope- have to wait for Senator GRAMS now. in South Dakota on this issue. At both ful my colleague and I can work this Mr. WELLSTONE. Very briefly, I of these meetings over 250 citizens were out. It would be fine to have the vote wanted to thank my colleagues, both in attendance. Such turnout clearly in- tomorrow morning, if that is what we Democrats and Republicans alike. The dicates that South Dakotans believe need. managers’ amendment includes fund- something needs to be done. This Mr. DOLE. If it is all right with the ing for a flood control project in Mar- amendment achieves their goal. Democratic whip, who is on the floor, shall, MN, which was flooded three AMENDMENT NO. 2073 Senator FORD, I announce there are no times in 1993. (Purpose: To provide funds for a flood more votes this evening. If there is a This has been a project that for some control project) vote required on the Wellstone amend- time now, is very, very important to On page 5 insert the following between ment, maybe 9 o’clock in the morning. the people in Marshall. I know that the lines 16 and 17: ‘‘Arkansas City flood control Mr. DOMENICI. Madam President, elected leadership of the people will be project, Kansas, $700,000, except that for the reserving the right to object, and I will very, very grateful for the action that purposes of the project, section 902 of Public not, we might want to make sure, be- we have taken. Law 99–662 is waived;’’. cause I do not know what Senator I thank my colleagues for their sup- AMENDMENT NO. 2074 GRAMS’ desires are. He may want to port. I yield the floor. I suggest the ab- On page 13, insert the following after line amend the amendment. I think he sence of a quorum. 23: ought to be permitted to do that. The PRESIDING OFFICER. The SEC. . Using funds appropriated herein the Secretary of the Army, acting through the The only thing left is your amend- clerk will call the roll. Chief of Engineers, is authorized to under- ment and the possible second-degree The assistant legislative clerk pro- take the Coos Bay, Oregon project in accord- amendment to it, if any. ceeded to call the roll. ance with the Report of the Chief of Engi- Mr. DOLE. Whatever the disposition Mr. ASHCROFT. I ask unanimous neers, dated June 30, 1994, at a total cost of is—— consent that the order for the quorum $14,541,000, with an estimated Federal cost of Mr. FORD. Madam President, would call be rescinded. $10,777,000 and an estimated non-Federal cost the majority leader yield for a ques- The PRESIDING OFFICER. Without of $3,764,000. tion? objection, it is so ordered. AMENDMENT NO. 2075 Mr. DOLE. I am happy to yield to the f (Purpose: To require the Army Corps of En- Senator. gineers to take such actions as are nec- Mr. FORD. I understand the Senator WELFARE IN AMERICA essary to obtain and maintain a specified is trying to move this along and get Mr. ASHCROFT. Madam President, I elevation in Lake Traverse, South Dakota Members out. Did we get a unanimous- and Minnesota) take this opportunity to raise impor- consent agreement that Senator tant issues relating to a set of concerns At the appropriate place in title I, insert Wellstone’s amendment would be the the following: which will be before the Senate next SEC. 1 . WATER LEVEL IN LAKE TRAVERSE, only remaining amendment, or a sec- week, or perhaps even late this week. SOUTH DAKOTA ond-degree to that amendment, that I am talking about our responsibility (a) IN GENERAL.—Subject to subsection (b), has already been offered? to reform a welfare system, a welfare notwithstanding any other law, the Sec- Mr. DOLE. That was in the original system which has been a tragic failure. retary of the Army, acting through the Chief list. We could make that request. All too frequently, we speak of this of Engineers of the Army Corps of Engineers Mr. DOMENICI. There were no others and using funds made available under this tragic failure as if it is a tragic failure allowed anyway, Madam President. in terms of dollars and cents. The trag- Act, shall, to the greatest extent practicable, Mr. FORD. I wanted to be sure. There edy of this failure is compounded. It is take such actions as are necessary to obtain will be amendments in the second de- and maintain an elevation of 977 feet above not just dollars and cents, or not even sea level in Lake Traverse, South Dakota gree. Mr. DOLE. I make that request, that most importantly dollars and cents. and Minnesota. The tragedy of this failure is it is a the Wellstone amendment plus any sec- (b) LIMITATION.—No action taken under failure in terms of human lives, the subsection (a) shall result in flooding at Mud ond-degree amendments be the only lives of children, the lives of families. Lake, South Dakota and Minnesota. amendments in order. It is a failure not only in terms of a Mr. DOMENICI. I move to reconsider The PRESIDING OFFICER. Without single generation, but it is a failure the vote. objection, it is so ordered. Mr. JOHNSTON. I move to lay that Mr. FORD. I thank the majority that extends to lives that will exist in motion on the table. leader. the future. The motion to lay on the table was One further question: Should the I will talk a little bit about that agreed to. Wellstone amendment be worked out story. I have been talking about dif- Mr. DOLE. Madam President, we are and no final passage vote requested, ferent stories in the welfare system, down to one amendment on this bill. It that we could finish this bill tonight, and the tragedies, the human face of seems to me that rather than call ev- and there would not be any left for to- this tragedy, for the last several days. eryone back for one vote, if there is a morrow, could that be understood? I might point out, you might think vote on this, we could have that vote Mr. DOLE. That would be under- these are special cases I have somehow tomorrow morning. There is no request stood. Obviously, if we finish tonight gained access to. The cases which I am for a vote for final passage, as long as without a vote, I am sure the managers addressing are cases which have ap- we have one on the conference report— would be happy to do that. peared in the mainstream media. The either one on the bill or one on the Mr. DOMENICI. Delighted. first case was recorded in detail in the conference report. Mr. FORD. One, no more votes this Chicago Tribune. Yesterday’s case was If that is satisfactory with the Sen- evening; and two, probably no votes on reported in detail in the Boston Globe. ator from Minnesota, then I am willing this bill tomorrow. We will go to DOD These cases are cases which have to say—and the managers, of course— authorization tonight with opening been a part of the mainstream report- that there will be no more votes to- statements. ing. A case which I will talk about night, but we would have opening Mr. DOLE. In the event there is a today is the story of Rosie Watson and statements on DOD authorization yet vote, we request it be put over until to- her successful 18-year endeavor to get tonight. morrow. In the event we complete ac- welfare benefits for all seven members Mr. JOHNSTON. Madam President, I tion without it, obviously that is de- of her family. This is a story that is a think that is an excellent idea. sired. vivid illustration of how the system en- I wonder if we could get unanimous Mr. DOMENICI. Madam President, I tices people to try to game the system, consent to close out all other amend- just noticed on this list there are two even to be industrious in working the ments other than the Wellstone amend- Senators that I have not formally system, instead of working in the pro- ment. asked. I believe there will be no amend- ductive arena of American culture. Mr. WELLSTONE. Madam President, ment, but we must check with Senator The Baltimore Sun reported in Janu- I want to say to the majority leader BURNS right now and Senator SPECTER. ary that Rosie Watson, her common- S 11100 CONGRESSIONAL RECORD — SENATE August 1, 1995 law husband, and their seven children eral system to say, ‘‘We probably checks follow this kind of counter- live in Lake Providence, LA, and they should have granted you these pay- productive behavior. receive annually, $46,716 in tax-free in- ments earlier. Here is a check or here The message to her son George from come—$46,716 in tax-free income. That are checks totaling $37,000 because you Mrs. Watson is clearly evident by a dis- is principally from a Federal supple- have finally convinced us that you are pute last year in school. George’s mental security income payment. all incapable of functioning.’’ school books were taken from his lock- Now, this woman, Ms. Watson, has an Madam President, as I mentioned er. The principal told him he had to addiction to Federal welfare. That ad- earlier, the issue here is not the pay for them. Ms. Watson refused to diction began when she was 23 years of amount of money the Federal bureauc- pay. George then flunked all of his age. She started receiving Federal racy is sending to this family every courses. George then would have to re- AFDC payment checks for herself and month. The real issue, the real issue is peat the seventh grade, and Ms. Watson her two small children. the toll this cycle of dependency col- bragged about the additional year as a According to the Baltimore Sun, as lects in terms of human lives. In this result and the ability to collect these the number of children in the family case, the real issue concerns Ms. Wat- kinds of payments. expanded, Ms. Watson soon discovered son’s children and the devastating im- Madam President, we are now days her family’s income could be signifi- pact that this life style has on their away from the welfare debate. There is cantly expanded by switching from or- lives. a near unanimous consensus from Re- dinary welfare to SSI, the supple- Next to me is a picture of her 16- publicans that the tragedy of cases like mental security income. That is the year-old daughter, Oleaner. She is not these demands immediate reform. SSI Federal Government’s welfare program encouraged to pursue any of the must be reformed. But from President that distributes payments to a broad dreams normal to a 16-year-old child. Clinton and from those on the other range of beneficiaries that include dis- She is not doing well in school, in side of the aisle, we hear: No proposal. abled adults that cannot work and the sports, or any extra curricula activity. There is silence. It is a silence which is families of children with so-called men- It seems that her main use to her deafening. tal and learning disabilities. Since 1974, mother is the check that she ensures The people of America have sent us Ms. Watson has submitted no fewer will show up in the mailbox every to this Chamber to change the way than 17 applications to Social Security month. At 13 years of age, she was offi- business is done. law judges. She submitted these appli- cially classified as unfit to work or to Madam President, silence and apathy cations on behalf of herself and mem- study or to do anything but collect are the twin evils that have allowed bers of her family in an attempt to re- checks. this Washington-based, Washington- Oleaner has become ensnared in a ceive the maximum Federal welfare al- knows-all system to stifle the poor, system which her mother manipulates lotment possible. that have ensnared the poor. The an- for financial gain at the expense of her She claimed that she was too swer from the Democrats is more children’s futures. She brings the fam- stressed out to work, and Ms. Watson spending, more bureaucracy, more ily $458 per month and is paid $20 a was certified to receive Federal welfare rhetoric, less reform, and on this point, month in allowance because of it. In benefits because of the disability, be- silence. cause she was too stressed out to work. order to qualify for these benefits, the We cannot accept reforms that are Her common-law husband likewise children have forsaken their edu- little more than half measures de- was approved to receive welfare pay- cations, their dreams, their futures, all signed to make the American people ments after he successfully argued that sacrificed to the monthly check in the think they have done something about he was overweight and his overweight mailbox, which in a very strange way welfare. We have been down that road condition constituted a physical dis- becomes their representation of what before. ability that made him too heavy to they are worth. They are worth some- work. thing in terms of welfare. In 1988 we passed a so-called revolu- Moreover, since there is no limit to According to the principal of the tionary welfare bill that did two the number of times that anyone can children’s former elementary school, things. First, it ensnared more people ask for assistance, after even being the abuse of these ‘‘crazy checks’’ is in the web of dependency. Second, it in- turned down, Ms. Watson simply con- very widespread. Mr. Willie Lee Bell re- creased the costs of welfare. You can tinued to file welfare petitions until ceives a questionnaire from the Social see this on the two charts that are here she eventually secured payments of Security Administration—he is the behind me, a major welfare reform in $458 each for all seven of her children. principal—every time a student applies 1988 and see the spike in the costs. According to a feature in the Balti- for benefits. He estimates that half of Here is a percentage chart showing more Sun, all of Ms. Watson’s children the students have applied for the bene- the number of children, or the percent- were ultimately awarded full SSI bene- fits. He believes that many of these age of children in poverty in our coun- fits because they ‘‘lagged behind in students are encouraged or even try. Notice that the war on poverty school and scored poorly on psycho- coached by their parents in a manner began in the 1960’s. We had a relatively logical tests, which, under Government that makes them eligible to receive the low figure. But as we have waged our rules, translates in a failure to dem- so-called ‘‘crazy checks.’’ The children, so-called war on poverty, we found out onstrate’’—and this is the term of art he says, do not want to fail. They are we were waging war on the future of we use in the law—‘‘age-appropriate be- just doing what mama wants. our children, as larger and larger num- havior.’’ Mrs. Watson’s youngest son, George, bers of our children found their way Madam President, it is no surprise was suspected of having been so into the despair of poverty, ensnared that across the land citizens are irate coached. In 1991, the authorities al- by a welfare system which captured and they derisively refer to these leged that he was not trying up to the them rather than liberated them. monthly SSI checks that go to these best of his ability on the IQ tests. Ms. It is time for us to reform a system individuals who do not have age-appro- Watson denies the charge, saying she which has sought, perhaps, noble objec- priate behavior as ‘‘crazy checks,’’ be- has never told any of her children to tives. But it has elicited the worst of cause if the children will act out ag- act crazy in order to get some money. behavior. gressively, irrationally, will perform The effect on school performance is It is time, Madam President, for us poorly, they can qualify themselves for clear. Children must be disruptive, to do real reform. No rearrangement of $458 a month. they must be noisy, they must be slow. the deck chairs on the welfare Titanic But that is not all. Ms. Watson soon If not, their checks will cease. will save us. We have to repudiate the discovered that persistence pays off. In According to the Baltimore Sun, the current system. We have to institute the case of our Federal welfare system, message for this family and the mes- reforms. We have to capitalize on the it pays off big. In the case of the Wat- sage sent by this system is that it is ingenuity and creativity and capacity son family, $37,000 in tax-free, retro- not education that will provide ad- of State and local governments, even active, lump-sum payments, because vancement, it is not achievement, but governments like the District of Co- the lump sum was designed by our Fed- it is disruption. Government assistance lumbia which are addressing the August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11101 central problems of the absence of fam- ENERGY AND WATER SUBCOMMITTEE—SPENDING discharged from the Susquehanna ily and the absence of work in the wel- TOTALS—SENATE-REPORTED BILL River reservoirs. There is a real danger fare system. [Fiscal year 1996, dollars in millions] that another major storm in the basin They know that Government cannot could scour the sediment that has been Budget au- solve this problem, cannot solve it thority Outlays accumulating behind these dams and alone, cannot solve it just with more present a major setback to our efforts money. The more money we have DEFENSE DISCRETIONARY to clean up the bay. Outlays from prior-year BA and other actions spent, the greater the problem has completed ...... 4,039 It was my understanding that it was grown. H.R. 1905, as reported to the Senate ...... 11,446 6,868 the committee’s intent in funding the Scorekeeping adjustment ...... The real cost in this entire operation reconnaissance study of the Susque- is not just a cost in terms of financial Subtotal defense discretionary ...... 11,446 10,907 hanna River Basin last year and again resources. It has been a cost in lost NONDEFENSE DISCRETIONARY this year, that the corps was to inves- lives. It has been from those who have Outlays from prior-year BA and other actions tigate not only alternatives for manag- sought to use their families, to abuse completed ...... 4,171 ing water storage during high and low H.R. 1905, as reported to the Senate ...... 8,716 5,100 the system. It has been a cost of the fu- Scorekeeping adjustment ...... flow conditions and flood damage re- ture of children, and it will be the cost Subtotal defense discretionary ...... 8,716 9,271 duction needs in the basin, but also to of the future of America if we do not address sediment related issues for the correct this. MANDATORY study area. Is this correct? Madam President, I suggest the ab- Outlays from prior-year BA and other actions Mr. DOMENICI. The Senator from sence of a quorum. completed ...... H.R. 1905, as reported to the Senate ...... Maryland is correct. It is the commit- The PRESIDING OFFICER. The Adjustment to conform mandatory programs tee’s intent that the Corps of Engineers with Budget Resolution assumptions ...... clerk will call the roll. conduct a basin-wide sedimentation as- The legislative clerk proceeded to Subtotal mandatory ...... sessment as part of this study, includ- call the roll. Mr. DOMENICI. Mr. President, I ask Adjusted bill total ...... 20,162 20,178 ing a complete evaluation of potential unanimous consent that the order for sediment management strategies to re- SENATE SUBCOMMITTEE 602(b) ALLOCATION duce the impact on Chesapeake Bay. the quorum call be rescinded. Defense discretionary ...... 11,447 10,944 The PRESIDING OFFICER (Mr. Nondefense discretionary ...... 8,733 9,272 Mr. SARBANES. I appreciate these Violent crime reduction trust fund ...... assurances and thank the chairman for ASHCROFT). Without objection, it is so Mandatory ...... ordered. his support. Total allocation ...... 20,180 20,216 COMMITTEE AMENDMENT BEGINNING ON PAGE 12, f ADJUSTED BILL TOTAL COMPARED TO SENATE LINE 17 ENERGY AND WATER DEVELOP- SUBCOMMITTEE 602(b) ALLOCATION Mr. DOMENICI. Mr. President, with Defense discretionary ...... ¥1 ¥37 reference to the bill, I have two house- MENT APPROPRIATIONS, 1996 Nondefense discretionary ...... ¥17 ¥1 Violent crime reduction trust fund ...... NA NA keeping measures that I would like to The Senate continued with the con- Mandatory ...... sideration of the bill. get behind us now. Mr. DOMENICI. Mr. President, it is Total allocation ...... ¥18 ¥38 On page 12, starting at lines 17, sec- my custom on every appropriations Note.—details may not add to totals due to rounding. Totals adjusted for tion 102, continuing through page 13 bill, whether I am the floor manager or consistency with current scorekeeping conventions. until section 103, I ask unanimous con- not, to state succinctly as I can how it SUSQUEHANNA RIVER BASIN WATER sent that that committee amendment relates to the budget resolution and do MANAGEMENT be tabled. some accounting for anybody that is Mr. SARBANES. Mr. President, I The PRESIDING OFFICER. Without interested in how the bill stacks up would like to engage the distinguished objection, it is so ordered. versus the budget resolution. chairman of the subcommittee in a col- EXCEPTED COMMITTEE AMENDMENT BEGINNING Mr. President, I would like to take a loquy regarding the funding contained ON PAGE 38, LINE 19 moment to discuss the budget impact in the bill under general investigations Mr. DOMENICI. Mr. President, on of this bill as reported by the Senate for Susquehanna River Basin water page 38 of the bill, lines 19 through 25, Appropriations Committee. management. that committee amendment remains By CBO’s scoring, this bill provides First, I want to thank the chairman not adopted because we just did not $20.2 billion in new budget authority for including $290,000—the full amount ask that it be adopted. At this point, I and $12 billion in new outlays for the requested in fiscal year 1996—for the ask unanimous consent that commit- Department of Energy, the Corps of Army Corps of Engineers to continue tee amendment be adopted. Engineers, the Bureau of Reclamation, the reconnaissance study investigation The PRESIDING OFFICER. That and for other selected independent of the Susquehanna River Basin that amendment has been agreed to. agencies. With outlays from prior-year was initiated last year. The Susque- Mr. DOMENICI. I thank the Chair. budget authority and other completed hanna River is the largest river on the That is our error. actions, the Senate bill is within the east coast of the United States and the Ms. MOSELEY-BRAUN. As we con- subcommittee’s section 602(b) alloca- largest tributary of the Chesapeake sider the fiscal year 1996 energy and tion. Bay. It is also one of the most flood water development appropriations bill, Mr. President, this year’s budget res- prone river basins in the Nation. The I would like to express my great con- olution established separate binding Army Corps of Engineers operates 13 cern about the decision by the Senate caps on defense and nondefense fund- reservoirs on the upper Susquehanna to reduce funding for high-energy phys- ing. This bill contains both defense and and regulates the low and high water ics research by $20 million for a total of nondefense funding and must meet sep- flow management. There are also three $657 million. This funding cut will im- arate allocations. large hydroelectric projects on the pact the operating budgets of Fermi According to CBO, the Senate-re- lower Susquehanna. Under normal con- National Accelerator Laboratory in my ported bill is within the allocation of ditions, these reservoirs and dams State of Illinois, the Stanford Linear budget authority and outlays for the serve as traps for the harmful sedi- Accelerator Center in California, and defense and nondefense funding in this ments which flow into the river. Dur- the Brookhaven National Laboratory bill. ing major storms however, they sud- in New York. Mr. President, I ask, unanimous con- denly discharge tremendous amounts I am aware that the deficit-driven de- sent that a table printed in the RECORD of built-up sediments, severely degrad- cisions this Congress must make will comparing the Senate-reported bill’s ing the water quality of the Chesa- have a real impact on Federal energy budget authority and outlay levels to peake Bay, destroying valuable habitat priorities. I also appreciate the support the subcommittee’s section 602(b) allo- and killing fish and other living re- the committee has provided for high- cation. sources. Scientists estimate that Trop- energy physics research, and for There being no objection, the mate- ical Storm Agnes in 1982 aged the bay Femilab, in previous years. Physicists rial was ordered to be printed in the by more than a decade in a matter of commit decades of their lives, and, in RECORD, as follows: days because of the slug of sediments many instances, their entire careers to S 11102 CONGRESSIONAL RECORD — SENATE August 1, 1995 long-term Government-sponsored re- McCOOK RESERVOIR CONSTRUCTION This project must be allowed to move search projects. And that means it is Ms. MOSELEY-BRAUN. Mr. Presi- forward without further delay. I urge critical that the Government also re- dent, I would like to call attention to the Chairman’s assistance in clarifying main committed to orderly, stable re- language in the committee report to the committee’s intent regarding this search priorities. this bill that would jeopardize the com- project. I also ask that the committee This Federal commitment, however, mencement of construction on a very include language in the committee re- can be jeopardized by insufficient fund- important flood control project in my port which directs the key parties to ing for the base budgets of the high-en- State of Illinois, the McCook and complete negotiations for the acquisi- ergy physics laboratories, crating situ- Thornton Reservoir project. tion of the McCook Reservoir imme- ations where research is pared back, The McCook and Thornton Reservoir diately, and to direct the corps to pro- trained personnel are lost from the project is an integral part of the under- ceed to construction with the project field, and future productivity is endan- ground tunnel system of the Chicago as authorized, notwithstanding the lan- gered by discouraging students from underflow plan [CUP] designed to con- guage in the committee report. In addi- these professions. trol major flooding problems in Chi- tion, if further funding beyond the This is the situation faced by cago and surrounding communities. prior appropriated dollars is needed to Fermilab. Budget cuts in previous Once construction in complete, the res- advance the project in fiscal year 1996, years have led to the loss of approxi- ervoirs will protect over 500,000 homes then the corps would have the author- mately 300 people at Fermilab. And and over 3 million people, helping to ity to reprogram funds to the project. Mr. SIMON. I want to join my col- once again, the budget cuts proposed protect an extremely vulnerable area league from Illinois in her request. The by the Senate will require further staff which sustains over $150 million in McCook Reservoir project is the reductions at Fermilab. damages every year from floods. The project has been strongly supported linchpin to the successful flood protec- I greatly appreciate the decision by tion and water pollution control efforts the committee to provide $52 million to over the years by the Appropriations Committees of both Chambers of Con- we have developed in the Chicago area. continue the construction of the main Unless this project is allowed to pro- injector. The main injector will in- gress and by the Illinois delegation. The McCook and Thorton Reservoir ceed with the funding Congress has crease the power of the particle accel- project is fully authorized. Its design provided, the Chicago metropolitan erator at Fermilab by a factor of 5. memorandum is based upon a plan that area will remain vulnerable to floods Given that Fermilab was the site of was carefully crafted by the U.S. Army and significant threats to health and one of the most significant discoveries Corps of Engineers, and, most impor- safety. in modern physics—the discovery of tantly, with the full input of the cur- I urgently request the assistance of the subatomic particle known as the rent landowner. Every effort was made the chairman in including the con- top quark—ensuring that the main in- to accommodate the interests of all ference report language referred to by jector comes on line as quickly as pos- parties involved in the project. Due to Senator MOSELEY-BRAUN to complete sible will help us learn more about the complexities associated with the nego- negotiations for land for the project top quark and other critically impor- tiations for the acquisition of the immediately, and to direct the corps to tant high-energy physics issues. project land, construction on the proceed with the authorized project Unfortunately, the leaps in knowl- McCook and Thornton Reservoirs have notwithstanding the committee report edge promised by the main injector been greatly delayed. However, these language. Her assistance in including will be adversely countered by the cuts negotiations are making substantial this and the reprogramming language in the operating budget as proposed by progress, and are nearing closure. is critical to the protection of the Chi- the Senate, and that means less people That is why I am greatly concerned cago area, and I thank her for her ef- who can use Fermilab, and more delays by the committee report language forts. in carrying out our research priorities. which unfairly questions the 1986 de- Mr. DOMENICI. Mr. President, I un- The United States has great poten- sign memorandum that was the basis derstand Senator ROD GRAMS is about tial to lead the world in high-energy for the project authorization. The com- ready to come and help us complete physics—our community of scientists, mittee report language also directs the this measure. Mr. FORD. Mr. President, will the facilities, and partnerships built up U.S. Army Corps of Engineers to con- Senator yield for a question? over the last 40 years is one of our Gov- tinue their assessment of other siting ernment’s greatest achievements. In Mr. DOMENICI. Of course. options for the project. Mr. FORD. I know he is doing every- order to exploit these superb resources If the committee report language is and the new major upgrades underway thing he can. But any Senator who has allowed to stand, the baseless ques- been on his way now for about 40 min- at these three national laboratories, tions about the authorization will con- utes— however, increased base program fund- tinue, construction will be further de- Mr. DOMENICI. He is here, and he is ing is crucial. layed, and the project will wither and going to be ready quickly. Therefore, during conference of this die. Mr. FORD. We are holding a lot of bill, I strongly urge that $20 million be Chicago desperately needs these flood things up, and I know the Senator from restored to the high-energy physics control reservoirs to come online. In New Mexico wants to get through the budget, bringing the total funding to 1993, severe thunderstorms caused mas- bill and get it behind us so we can $677 million, and ensuring that the sive flooding southeast of Chicago. The move on to the defense authorization high-energy physics field in the United capacity of the existing underground bill. States remains strong in the years flood control system was only able to Mr. DOMENICI. I am fully aware of ahead. hold 1.5 billion of the 45 billion gallons that, and we are keeping the Senate Mr. DOMENICI. I thank the Senator of rainfall before being overwhelmed. open. But Senator GRAMS is very desir- from Illinois for her comments regard- The resulting excess floodwaters ous that I give him another 5 minutes, ing Fermi National Accelerator Lab- caused severe disruptions of major traf- and I am going to accommodate him. oratory and the high-energy physics fic thoroughfares, including the closing He is in the Cloakroom. He will be out budget. The committee has provided of Interstate 55, and the Dan Ryan and shortly, and then we can complete this substantial funding for this budget in Stevenson expressways. Rainwater and matter. previous years, but given the budget raw sewage backed up into the base- Mr. WELLSTONE addressed the constraint that the committee was ments of half a million homes, creating Chair. forced to confront, we were simply un- serious public health problems. The The PRESIDING OFFICER. The Sen- able to include these funds. I can as- McCook and Thornton Reservoirs, had ator from Minnesota. sure the distinguished Senator that we they been complete, would have pro- AMENDMENT NO. 2076 will look favorable upon her request in vided more than enough capacity to (Purpose: To establish interim water levels conference and do all that we can to as- contain those excess waters, and would for certain lakes) sist her in including her recommenda- have prevented these types of disasters Mr. WELLSTONE. Mr. President, I tion. from occurring. send an amendment to the desk. The PRESIDING OFFICER. The clerk will report the amendment. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11103 The legislative clerk read as follows: hugely important issue to my State, that deserves a solution—one that is The Senator from Minnesota [Mr. especially to northern Minnesota. well thought out and final. WELLSTONE] proposes an amendment num- The problem has been that the water Today, my colleague from Minnesota bered 2076. level has been too low in the spring has offered his proposal. And I am pre- Mr. WELLSTONE. Mr. President, I which, in turn, has created problems pared to support it—not as a solution ask unanimous consent that the read- with spawning of fish and other wildlife to the problems facing the people of ing of the amendment be dispensed habitat, but it also has been a problem northern Minnesota, but as a message with. for anglers. It has been a problem for that we will not let these problems go The PRESIDING OFFICER. Without recreation. It has been a problem for unresolved. objection, it is so ordered. our resort owners. Unfortunately, this amendment, The amendment is as follows: So what this amendment does is it while sending a message, does not nec- At the appropriate place in title V, insert takes the water curve rule and it just essarily pass the test of being a good the following: essentially says this is an agreement solution. Hastily prepared ideas rarely SEC. . WATER LEVELS IN RAINY LAKE AND that ultimately has to be worked out, do. NAMAKAN LAKE. I say to my colleague from New Mexico It should come as no surprise that (a) FINDINGS.—Congress finds that— and my colleague from Minnesota, with this amendment has a number of prob- (1) the Rainy Lake and Namakan Reservoir the Canadians, with the IJC, the Inter- lems and could have some unforeseen Water Level International Steering Commit- national Joint Commission. But in the consequences of which we’re not aware tee conducted a 2-year analysis in which pub- meantime, within the existing rule lic comments on the water levels in Rainy today. And the Senate needs to be Lake and Namakan Lake revealed signifi- structure, what we say to FERC is to aware of that. cant problems with the current regulation of implement this in such a way within There is an orderly and regular proc- water levels and resulted in Steering Com- the existing rules that we require that ess by a joint United States-Canadian mittee recommendations in November 1993; the water level in these lakes be on the commission to address this very mat- and upper level of the curve in the spring. ter—the International Joint Commis- (2) maintaining water levels closer to those This is hugely important to my State sion. recommended by the Steering Committee of Minnesota. I will just list some of will help ensure the enhancement of water That process is already underway. It the beneficiaries. Above and beyond will result in water level decisions quality, fish and wildlife, and recreational fish and wildlife and the park eco- resources in Rainy Lake and Namakan Lake. based on scientific analysis. system, the sportfishing industry, the (b) DEFINITIONS.—In this section: Tonight the Senator’s amendment (1) EXISTING RULE CURVE.—The term ‘‘exist- resort industry, the local economy; would prejudge the outcome of that ing rule curve’’ means each of the rule this amendment has the support of the process. curves promulgated by the International International Steering Committee on It would put into effect a subcommit- Joint Commission to regulate water levels in Rainy Lake and Namakan Reservoir, tee report to the full international Rainy Lake and Namakan Lake in effect as the Citizens’ Council on Voyageurs Na- of the date of enactment of this Act. committee before the full committee tional Park, the Ash River has a chance to consider the report and (2) PROPOSED RULE CURVE.—The term ‘‘pro- Sportfishing Association, the Rainy posed rule curve’’ means each of the rule make a final decision. curves recommended by the Rainy Lake and Lake Sportfishing Association, and nu- We simply do not know what impact Namakan Reservoir International Steering merous other resorts, recreational, and the subcommittee recommendation Committee for regulation of water levels in business interests. would have on fish, wildlife, and the The amendment will not affect the Rainy Lake and Namakan Lake in the publi- environment. IJC’s current regulations. We cannot cation entitled ‘‘Final Report and Rec- The amendment also does a very cu- ommendations’’ published in November 1993. do that by law, nor are we trying to. rious thing: It would require the Fed- (c) WATER LEVELS.—The dams at Inter- This is an interim measure. It will not eral Energy Regulatory Commission to national Falls and Kettle Falls, Minnesota, increase the flood risk. It will protect enforce the international joint com- in Rainy Lake and Namakan Lake, respec- fish spawning grounds. It will improve tively, shall be operated so as to maintain mission subcommittee’s water rec- dock access and decrease dock damage, water levels as follows: ommendations on dams and water im- also extremely important to people in (1) COINCIDENT RULE CURVES.—In each in- poundments over which the FERC does my State. It will protect the park eco- stance in which an existing rule curve coin- not now have jurisdiction. cides with a proposed rule curve, the water system and it will help save the local What we are doing here is codifying a level shall be maintained within the range of economy an estimated $800,000 a year decision by a subcommittee of a United such coincidence. in lost business due to low water levels (2) NONCOINCIDENT RULE CURVES.—In each States-Canadian body, the inter- at the beginning of the fishing season. national joint commission with vir- instance in which an existing rule curve does So it has taken some time for us to not coincide with a proposed rule curve, the tually no input from the Canadian side. work this out, but this is an amend- water level shall be maintained at the limit But today, we will adopt this amend- ment that I am really proud to bring to of the existing rule curve that is closest to ment—without adequate notice, with- the Senate. I believe I have the support the proposed rule curve. out proper consultation. Because what (d) ENFORCEMENT.— of colleagues. I know it is extremely we are giving the people of Minnesota (1) IN GENERAL.—The Federal Energy Regu- important to the International Falls is a message: and that is the Senate latory Commission shall enforce this section community and really northeastern urges the IJC to act quickly to resolve as though the provisions were included in Minnesota. the license issued by the Commission on De- I will say, since northeastern Min- this issue. The people of Minnesota de- cember 31, 1987, for Commission Project No. nesota is so important to Minnesota, it serve a solution, not just a message. 5223–001. But a message is what we are giving (2) RULE OF CONSTRUCTION.—Nothing in this is very important to Minnesota. I know that my colleague from Min- them tonight. section shall be construed to require the Again, I want to thank my colleague Commission to alter the license for Commis- nesota, whom I believe now is going to sion Project No. 5223–001 in any way. be supporting this, wants to speak on for his efforts and support. I yield the (e) SUNSET.—This section shall remain in this as well. floor. effect until the International Joint Commis- I yield the floor to my colleague from Mr. WELLSTONE addressed the sion review of and decision on the Steering Minnesota, and then I think I will fol- Chair. Committee’s recommendations are com- low up with concluding remarks. I be- The PRESIDING OFFICER. The Sen- pleted. lieve the amendment will be acceptable ator from Minnesota. Mr. WELLSTONE. Mr. President, I to both sides. Mr. WELLSTONE. Mr. President, will be brief. We have been waiting for Mr. GRAMS addressed the Chair. there is agreement. We will not go on some time. I think this amendment is The PRESIDING OFFICER. The Sen- with the debate. acceptable to both sides. I thank my ator from Minnesota. I say to my colleagues, this is not a colleagues for their support. Mr. GRAMS. Mr. President, I rise hastily prepared idea. The steering This amendment deals with really a today in support of this amendment. committee spent 2 years and had lots critical problem of water levels in the Clearly, there is a problem with the of public comments before they Rainy Lake and Namakan Lake. It is a disputed water levels. It is a problem reached their recommendations. S 11104 CONGRESSIONAL RECORD — SENATE August 1, 1995 This is not a solution, it is an in- I sincerely hope that the Senate con- DEPARTMENT OF THE ARMY, terim solution. We wait for the IJC to ferees give these particular House- Washington, DC, July 21, 1995. make final ruling. We cannot wait in passed provisions careful consideration Hon. Barbara Boxer, the meantime. We have this problem to when they go to conference with the U.S. Senate, Washington, DC. DEAR SENATOR BOXER: I am pleased to in- deal with now. This does not prejudice House. form you that I recently sent to Congress a any final outcome. It is just a way of I am pleased that the bill includes recommendation for construction of the fixing a very important problem now. $11,367,000 for construction of the Los flood damage reduction project for the Los There is no reason to go on with the Angeles County Drainage Area, an im- Angeles County Drainage Area. My rec- debate. I am proud to have the support. portant flood control improvement ommendation completes the authorization I hope that we can voice vote this to- project that will restore an adequate required by Section 101(b) of the Water Re- night. level of flood protection to one of the sources Development Act of 1990. A copy of Mr. DOMENICI addressed the Chair. more densely populated areas of the my letter to Congress and a press release on the project are enclosed. The PRESIDING OFFICER. The Sen- country. Without flood control im- In approving this project, I have required ator from New Mexico. provements, the corps estimates that a that the non-Federal sponsor manage future Mr. DOMENICI. Mr. President, I 100-year flood event could inundate as stormwater runoff so that the authorized thank both Senators for working this much as 82 square miles of Los Angeles level of flood protection is not diminished. In amendment out. Obviously, we have no County, affecting more than 500,000 addition, we have agreed to seek a non-Fed- objection on our side, and I understand residents in 11 cities. eral sponsor and initiate a multi-objective feasibility study of the entire Los Angeles Senator JOHNSTON has no objection on I appreciate Acting Assistant Sec- River Watershed. This study will focus on re- his side. With that, I yield the floor. retary of the Army for Civil Works, storing the natural ecosystem along the The PRESIDING OFFICER. The John Zirschky, meeting with me per- river and throughout the watershed, as well question is on agreeing to the amend- sonally about the project and hearing as providing opportunities to improve ment. my concerns about the environmental stormwater management, water conserva- The amendment (No. 2076) was agreed impact of this project. Several environ- tion and water quality, recreation and the to. mental groups in Los Angeles County aesthetics in the watershed area. The study Mr. WELLSTONE. Mr. President, I had raised concerns about the effect could also result in further modifications to move to reconsider the vote. both visually and environmentally of the recently authorized project. In conduct- ing this study, we are committed to working Mr. DOMENICI. I move to lay that constructing parapet walls along the motion on the table. with other Federal agencies—State and local top of the levees in place now and ques- governments, as well as other non-govern- The motion to lay on the table was tioned whether the corps had fully ex- mental environmental organizations. The agreed to. plored nonstructural alternatives. study will be initiated with available funds Mr. DOMENICI. I thank both Sen- I understand because of the urgent and will not delay construction of the Drain- ators. need to move on this project that we age Area project. Mrs. BOXER. Mr. President, the en- could not afford to halt construction I look forward to working with you in ergy and water appropriations bill for until such alternatives had been as- bringing this much needed project to com- pletion. fiscal year 1996, despite some progress sessed. Therefore, I agreed to support particularly on water reclamation Sincerely, the project after obtaining the corps JOHN H. ZIRSCHKY, projects, represents a serious setback support to pursue a feasibility study of Acting Assistant Secretary for environmental preservation. the whole Los Angeles Basin water- of the Army (Civil Works). In addition, the committee, in my shed. Although some of the cities in Mr. THURMOND. Mr. President, will view, has strayed outside its jurisdic- the floodplain recently refused to par- the manager of the bill, the distin- tion in directing the Secretary of the ticipate in a community task force to guished Senator from New Mexico, Army to develop a plan to consolidate look at project modifications while ini- yield for a question? the division offices of the Corps of En- tial construction was under way, Sec- Mr. DOMENICI. I would be glad to gineers. That issue is properly left with retary Zirschky has assured me that yield. the authorizing committee, in this case the corps will seek the county’s co- Mr. THURMOND. Am I correct in my the Environment and Public Works operation in a 3-year feasibility study understanding that the energy and Committee. for ways to improve the river water- water development appropriations bill, I appreciate the committee accepting shed including a review and possible as reported from the Appropriations an amendment by me and Senator MAX modifications of the river’s flood con- Committee, includes an increase of BAUCUS, chairman of the Committee on trol improvements. over $140,000,000 for the Department of Environment and Public Works, that Even without a formal task force, the Energy’s stockpile management pro- specifies that the report on division Secretary is willing to work with the gram? consolidation shall be sent to the Sen- county, affected cities, and the envi- Mr. DOMENICI. My colleague from ate Environment and Public Works ronmental groups to recommend ways South Carolina, the chairman of the Committee, on which I serve. I believe to restore the natural ecosystem, im- Senate Armed Services Committee, is it is important that divisions which prove stormwater management, and correct. As reported by the Appropria- have a large workload and critical enhance water conservation and sup- tions Committee, the Energy and emergency response duties, such as the ply, and recreational opportunities. It Water Development Appropriations Act South Pacific Division in San Fran- is my hope that this study will serve as for fiscal year 1996 includes a cisco, should be located in close prox- a springboard to greater cooperation $143,800,000 increase over the budget re- imity to the work requirements. The among the affected cities, the country, quest for stockpile management. Environment and Public Works Com- the corps, and the environmental com- Mr. BOND. Mr. President, I strongly mittee will have a chance to consider munity. support the increase in stockpile man- the corps consolidation plan before im- Secretary Zirschky should be com- agement provided by the committee. plementation begins in August 1996. mended for working with Los Angeles There is a clear need for the Depart- Included in the House-passed bill, but County in the flood control project co- ment to ensure that its capabilities omitted from the Senate Appropria- operation agreement to require the that currently reside at the Y–12 plant tions Committee version, were funds county to manage stormwater runoff at Oak Ridge, TN; the Kansas City for the Spring Run Restoration Pro- to avoid any need for future expansion plant in Kansas City, MO; the Pantex grams, the Coho Salmon Restoration of the flood control project. plant in Texas; and the Savannah River Programs, the Winter Run Chinook I ask unanimous consent that Sec- site in South Carolina, are modernized Salmon Captive Breedstock Program, retary Zirschky’s July 21, 1995, letter to meet the requirements of the endur- and certain fish screening programs to me about this project be printed in ing nuclear weapons stockpile. and habitat acquisition programs. the RECORD. Mr. THOMPSON. Mr. President, I These represent solid investments in There being no objection, the letter want to thank the Senator from New the health of the Pacific Salmon fish- was ordered to be printed in the Mexico for his support for stockpile ery. RECORD, as follows: management and the additional funds August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11105 necessary to make needed investments MORNING BUSINESS Order No. 12724, which was issued in in the Department of Energy’s produc- Mr. DOMENICI. Mr. President, I ask order to align the sanctions imposed by tion sites such as the Y–12 plant. We unanimous consent that there now be a the United States with United Nations certainly expect the Department will period for the transaction of routine Security Council Resolution 661 of Au- make additional investments in the morning business, with Senators per- gust 6, 1990. production facilities to ensure those fa- mitted to speak therein for up to 10 Executive Order No. 12817 was issued cilities meet future requirements. minutes each. on October 21, 1992, to implement in Mr. FRIST. Mr. President, the facili- The PRESIDING OFFICER. Without the United States measures adopted in ties funded by the Department of Ener- objection, it is so ordered. United Nations Security Council Reso- gy’s stockpile management program f lution 778 of October 2, 1992. Resolution represent essential elements in the 778 requires U.N. Member States to continuing DOE complex. By simply MESSAGES FROM THE PRESIDENT transfer to a U.N. escrow account any having the know-how at hand, we can- Messages from the President of the funds (up to $200 million apiece) rep- not guarantee the proper management United States were communicated to resenting Iraqi-oil sale proceeds paid of the stockpile over the long term; we the Senate by Mr. Thomas, one of his by purchasers after the imposition of must also maintain the capabilities secretaries. U.N. sanctions on Iraq, to finance that exist in the facilities that pro- f Iraq’s obligations for U.N. activities duced components of the enduring with respect to Iraq, such as expenses stockpile. EXECUTIVE MESSAGES REFERRED to verify Iraqi weapons destruction, Mrs. HUTCHISON. Mr. President, I As in executive session, the Presiding and to provide humanitarian assistance also strongly support the increase in Officer laid before the Senate messages in Iraq on a nonpartisan basis. A por- stockpile management provided by the from the President of the United tion of the escrowed funds also funds committee. I am pleased to join with States submitting sundry nominations the activities of the U.N. Compensation my colleagues to speak to the impor- which were referred to the appropriate Commission in Geneva, which handles tance of maintaining a safe and reli- committees. claims from victims of the Iraqi inva- able U.S. nuclear deterrent, and in par- (The nominations received today are sion and occupation of Kuwait. Member ticular, the need to make the necessary printed at the end of the Senate pro- States also may make voluntary con- and cost-effective investments in nu- ceedings.) tributions to the account. The funds clear weapons stockpile activities. The f placed in the escrow account are to be Pantex plant, along with Savannah returned, with interest, to the Member River, Y–12, and Kansas City plant, is REPORT ON THE NATIONAL EMER- States that transferred them to the one of the few remaining production GENCY WITH IRAQ—MESSAGE United Nations, as funds are received sites with existing infrastructure and FROM THE PRESIDENT—PM 71 from future sales of Iraqi oil authorized capabilities that can meet the national The PRESIDING OFFICER laid be- by the U.N. Security Council. No Mem- security needs identified in the Depart- fore the Senate the following message ber State is required to fund more than ment of Defense’s nuclear posture re- from the President of the United half of the total transfers or contribu- view. States, together with an accompanying tions to the escrow account. Mr. DOMENICI. I thank my col- report; which was referred to the Com- This report discusses only matters leagues. mittee on Banking, Housing, and concerning the national emergency Mr. President, I believe we are ready Urban Affairs. with respect to Iraq that was declared for third reading of the bill. To the Congress of the United States: in Executive Order No. 12722 and mat- The PRESIDING OFFICER. The I hereby report to the Congress on ters relating to Executive Orders Nos. question is on the engrossment of the the developments since my last report 12724 and 12817 (the ‘‘Executive or- amendments and third reading of the of February 8, 1995, concerning the na- ders’’). The report covers events from bill. tional emergency with respect to Iraq February 2, 1995, through August 1, The amendments were ordered to be that was declared in Executive Order 1995. engrossed and the bill to be read a No. 12722 of August 2, 1990. This report 1. During the reporting period, there third time. is submitted pursuant to section 401(c) The bill was read a third time. were no amendments to the Iraqi Sanc- of the National Emergencies Act, 50 tions Regulations. The PRESIDING OFFICER. The bill U.S.C. 1641(c), and section 204(c) of the having been read the third time, the International Emergency Economic 2. The Department of the Treasury’s question is, shall the bill pass? Powers Act, 50 U.S.C. 1703(c). Office of Foreign Assets Control So the bill (H.R. 1905), as amended, Executive Order No. 12722 ordered the (‘‘FAC’’) continues its involvement in was passed. immediate blocking of all property and lawsuits seeking to prevent the unau- Mr. DOMENICI. I move to reconsider interests in property of the Govern- thorized transfer of blocked Iraqi as- the vote, and I move to lay that mo- ment of Iraq (including the Central sets. In Consarc Corporation v. Iraqi- tion on the table. Bank of Iraq) then or thereafter lo- ministry of Industry and Minerals, a The motion to lay on the table was cated in the United States or within briefing schedule has been set for dis- agreed to. the possession or control of a U.S. per- position of FAC’s December 16, 1994, ap- Mr. DOMENICI. Mr. President, I son. That order also prohibited the im- peal of the district court’s order of Oc- move that the Senate insist on its portation into the United States of tober 17, 1994, transferring blocked amendments and request a conference goods and services of Iraqi origin as property. with the House on the disagreeing well as the exportation of goods, serv- Investigations of possible violations votes thereon and that the Chair be au- ices, and technology from the United of the Iraqi sanctions continue to be thorized to appoint conferees on the States to Iraq. The order prohibited pursued and appropriate enforcement part of the Senate. travel-related transactions to or from actions taken. There are currently 43 The motion was agreed to, and the Iraq and the performance of any con- enforcement actions pending, including Presiding Officer appointed Mr. DOMEN- tract in support of any industrial, com- nine cases referred by FAC to the U.S. ICI, Mr. HATFIELD, Mr. COCHRAN, Mr. mercial, or governmental project in Customs Service for joint investiga- GORTON, Mr. MCCONNELL, Mr. BENNETT, Iraq. United States persons were also tion. Additional FAC civil penalty no- Mr. BURNS, Mr. JOHNSTON, Mr. BYRD, prohibited from granting or extending tices were prepared during the report- Mr. HOLLINGS, Mr. REID, Mr. KERREY, credit or loans to the Government of ing period for violations of the Inter- and Mrs. MURRAY conferees on the part Iraq. national Emergency Economic Powers of the Senate. The foregoing prohibitions (as well as Act and Iraqi Sanction Regulations Mr. DOMENICI. Mr. President, I am the blocking of Government of Iraq with respect to transactions involving going to proceed to wrap up the Senate property) were continued and aug- Iraq. Three penalties totaling $8,905 at the request of the majority leader. mented on August 9, 1990, by Executive were collected from two banks for S 11106 CONGRESSIONAL RECORD — SENATE August 1, 1995 funds transfers in violation of the pro- execution of powers of attorney relat- Baghdad government continues to hibitions against transactions involv- ing to the administration of personal violate basic human rights of its own ing Iraq. assets and decedents’ estates in Iraq, citizens through systematic repression 3. Investigation also continues into the protection of preexistent intellec- of minorities and denial of humani- the roles played by various individuals tual property rights in Iraq and travel tarian assistance. The Government of and firms outside Iraq in the Iraqi gov- to Iraq for the purposes of visiting Iraq has reportedly said it will not be ernment procurement network. These Americans detained there. Since my bound by United Nations Security investigations may lead to additions to last report, 57 specific licenses have Council Resolution 688. For more than FAC’s listing of individuals and organi- been issued. 4 years, Baghdad has maintained a zations determined to be Specially Des- 6. The expenses incurred by the Fed- blockade of food, medicine, and other ignated Nationals (‘‘SDNs’’) of the Gov- eral Government in the 6 month period humanitarian supplies against north- ernment of Iraq. ern Iraq. The Iraqi military routinely 4. Pursuant to Executive Order No. from February 2, 1995, through August 1, 1995, which are directly attributable harasses residents of both the north 12817 implementing United Nations Se- and has attempted to ‘‘Arabize’’ the curity Council Resolution 778, on Octo- to the exercise of powers and authori- ties conferred by the declaration of a Kurdish, Turcomen, and Assyrian areas ber 26, 1992, FAC directed the Federal of the north. Iraq has not relented in national emergency with respect to Reserve Bank of New York to establish its artillery attacks against civilian Iraq are reported to be about $4.9 mil- a blocked account for receipt of certain population centers in the south or in lion, most of which represents wage post-August 6, 1990, Iraq-oil sales pro- its burning and draining operations in and salary costs for Federal personnel. ceeds, and to hold, invest, and transfer the southern marshes, which have Treasury (particularly in the Office of these funds as required by the Order. forced thousands to flee to neighboring Foreign Assets Control, the U.S. Cus- On March 21, 1995, following payments States. In April 1995, the U.N. Security toms Service, the Office of the Under by the Governments of Canada Council adopted resolution 986 author- Secretary for Enforcement, and the Of- ($1,780,749.14), the European Commu- izing Iraq to export limited quantities fice of the General Counsel), the De- nity ($399,695.21), Kuwait ($2,500,000.00), of oil (up to $1 billion per quarter) Norway ($261,758.10), and Switzerland partment of State (particularly the Bu- under U.N. supervision in order to fi- ($40,000.00), respectively, to the special reau of Economic and Business Affairs, nance the purchase of food, medicine, United Nations-controlled account, en- the Bureau of Near Eastern Affairs, the and other humanitarian supplies. The titled ‘‘United Nations Security Coun- Bureau of International Organization resolution includes arrangements to cil Resolution 778 Escrow Account,’’ Affairs, the Bureau of Political-Mili- ensure equitable distribution of such the Federal Reserve Bank of New York tary Affairs, the U.S. Mission to the assistance to all the people of Iraq. The was directed to transfer a correspond- United Nations, and the Office of the resolution also provides for the pay- ing amount of $4,982,202.45 from the Legal Adviser) and the Department of ment of compensation to victims of blocked account it holds to the United Transportation (particularly the U.S. Iraqi aggression and for the funding of Nations-controlled account. Similarly, Coast Guard). other U.N. activities with respect to on April 5, 1995, following the payment 7. The United States imposed eco- Iraq. Resolution 986 was carefully of $5,846,238.99 by the European Com- nomic sanctions on Iraq in response to crafted to address the issues raised by munity, the Federal Reserve Bank of Iraq’s illegal invasion and occupation Iraq to justify its refusal to implement New York was directed to transfer a of Kuwait, a clear act of brutal aggres- similar humanitarian resolutions corresponding amount of $5,846,238.99 to sion. The United States, together with adopted in 1991 (Resolutions 706 and the United Nations-controlled account. the international community, is main- 712), such as oil export routes and ques- Again, on May 23, 1995, following the taining economic sanctions against tions of national sovereignty. Never- payment of $3,337,941.75 by the Euro- Iraq because the Iraqi regime has failed theless, Iraq refused to implement this pean Community, $571,428.00 by the to comply fully with United Nations humanitarian measure. This only rein- Government of the Netherlands and Security Council resolutions. Security forces our view that Saddam Hussein is $1,200,519.05 by the Government of the Council resolutions on Iraq call for the unconcerned about the hardships suf- United Kingdom, the Federal Reserve elimination of Iraqi weapons of mass fered by the Iraqi people. Bank of New York was directed to destruction, Iraqi recognition of Ku- The policies and actions of Saddam transfer a corresponding amount of wait and the inviolability of the Iraq- Hussein regime continue to pose an un- $5,109,888.80 to the United Nations— Kuwait boundary, the release of Ku- usual and extraordinary threat to the controlled account. Finally, on June waiti and other third-country nation- national security and foreign policy of 19, 1995, following the payment of als, compensation for victims of Iraqi the United States as well as to regional $915,584.96 by the European Community aggression, long-term monitoring of peace and security. The U.N. resolu- and $736,923.12 by the Government of weapons of mass destruction capabili- tions require that the Security Council the United Kingdom, the Federal Re- ties, the return of Kuwaiti assets sto- be assured of Iraq’s peaceful intentions serve Bank of New York was directed len during Iraqi’s illegal occupation of in judging its compliance with sanc- to transfer a corresponding amount of Kuwait, renunciation of terrorism, an tions. Because of Iraq’s failure to com- $1,652,508.08 to the United Nations— end to internal Iraqi repression of its ply fully with these resolutions, the controlled account. Cumulative trans- own civilian population, and the facili- United States will continue to apply fers from the blocked Federal Reserve tation of access of international relief economic sanctions to deter it from Bank of New York account since issu- organizations to all those in need in all threatening peace and stability in the ance of Executive Order No. 12817 have parts of Iraq. More than 5 years after region. amounted to $175,133,026.20 of the up to the invasion, a pattern of defiance per- WILLIAM J. CLINTON. $200 million that the United States is sists: a refusal to account for missing THE WHITE HOUSE, August 1, 1995. obligated to match from blocked Iraqi Kuwaiti detainees; failure to return f oil payments, pursuant to United Na- Kuwaiti property worth millions of dol- MESSAGES FROM THE HOUSE tions Security Council Resolution 778. lars, including military equipment that 5. The Office of Foreign Assets Con- was used by Iraq in its movement of At 12:04 p.m., a message from the trol has issued a total of 590 specific li- troops to the Kuwaiti border in Octo- House of Representatives, delivered by censes regarding transactions pertain- ber 1994; sponsorship of assassinations Ms. Goetz, one of its reading clerks, an- ing to Iraq or Iraqi assets since August in Lebanon and in northern Iraq; in- nounced that the House has passed the 1990. Licenses have been issued for complete declarations to weapons in- following bills, in which it requests the transactions such as the filing of legal spectors; and ongoing widespread concurrence of the Senate: actions against Iraqi governmental en- human rights violations. As a result, H.R. 701. An act to authorize the Secretary tities, legal representation of Iraq, and the U.N. sanctions remain in place; the of Agriculture to convey lands to the City of Rolla, Missouri. the exportation to Iraq of donated med- United States will continue to enforce H.R. 714. An act to establish the Midewin icine, medical supplies, food intended those sanctions under domestic author- National Tallgrass Prairie in the State of Il- for humanitarian relief purposes, the ity. linois, and for other purposes. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11107 H.R. 1874. An act to modify the boundaries trucks, and for other purposes; to the Com- Mr. President, I cannot help but of the Talladega National Forest, Alabama. mittee on Labor and Human Resources. point out the irony of the Labor De- The message also announced that the By Mr. MOYNIHAN (for himself, Mr. partment acting as a job-destroying en- House has agreed to the following con- HATCH, Mr. BAUCUS, Mr. BINGAMAN, tity. Matthew Bergman, a then-17- Mrs. BOXER, Mr. BREAUX, Mr. COCH- current resolution, in which it requests RAN, Mr. D’AMATO, Mr. DODD, Mr. year-old part-time dealership worker, the concurrence of the Senate: GRASSLEY, Mr. KYL, Ms. MOSELEY- said last year in the Seattle Times, H. Con. Res. 89. Concurrent resolution BRAUN, Mr. PRYOR, and Mr. SIMPSON): I can have a legal state license that rep- waiving provisions of the Legislative Reor- S. 1100. A bill to amend the Internal Reve- resents me in any state in the country, but ganization Act of 1970 requiring adjournment nue Code of 1986 to provide for the deduction I can’t drive three blocks in a company car. of Congress by July 31. of partnership investment expenses under It’s a real bummer. ENROLLED BILL SIGNED the minimum tax; to the Committee on Fi- A bummer indeed, Mr. President. But At 3:11 p.m., a message from the nance. it doesn’t have to be that way. I believe By Mr. HATCH (for himself and Mr. House of Representatives, delivered by we can reasonably modify the Fair HEFLIN) (by request): Ms. Goetz, one of its reading clerks, an- S. 1101. A bill to make improvements in Labor Standards Act so that teenagers nounced that the Speaker has signed the operation and administration of the Fed- can drive cars as long as it is not a pri- the following enrolled bill: eral courts, and for other purposes; to the mary part of their jobs. The bill I in- H.R. 2017. An act to authorize an increased Committee on the Judiciary. troduce today will do just that. It will Federal share of the costs of the certain f be better for car dealerships, and better transportation projects in the District of Co- for kids who want to work. I urge my lumbia for fiscal years 1995 and 1996, and for STATEMENTS ON INTRODUCED colleagues to support this important other purposes. BILLS AND JOINT RESOLUTIONS legislation. The enrolled bill was subsequently By Mr. GORTON: Mr. President, I ask unanimous con- signed by the President pro tempore S. 1099. A bill to provide for a change sent that the complete text of my bill (Mr. THURMOND). in the exemption from the child labor be printed in the RECORD. provisions of the Fair Labor Standards There being no objection, the bill was At 7:28 p.m., a message from the Act of 1938 for minors between 16 and 18 ordered to be printed in the RECORD, as House of Representatives, delivered by years of age who engage in the oper- follows: Ms. Goetz, one of its reading clerks, an- ation of automobiles and trucks, and S. 1099 nounced that the House has passed the for other purposes; to the Committee Be it enacted by the Senate and House of Rep- following bill, in which it requests the on Labor and Human Resources resentatives of the United States of America in concurrence of the Senate: CHILD LABOR LEGISLATION Congress assembled, H.R. 2099. An act making appropriations Mr. GORTON. Mr. President, few ex- SECTION 1. AUTHORITY FOR MINORS TO OPER- for the Department of Veterans Affairs and ATE MOTOR VEHICLES. periences are more valuable to young In the administration of the child labor Housing and Urban Development, and for people than part-time and summer sundry independent agencies, boards, com- provisions of the Fair Labor Standards Act missions, corporations, and offices for fiscal jobs. Jobs provide teenagers with both of 1938, the Secretary of Labor shall issue a year ending September 30, 1996, and for other an income and an important lesson on final rule not later than 1 year from date of purposes. what it’s like to be in the work force. enactment of this Act to amend the exemp- It is unfortunate, then, that the Fed- tion from the child labor restrictions of such The message also announced that the Act under section 570.52(b)(1) of title 29, Code House has passed the following bill, eral Government—ever eager to en- croach upon the lives of Americans—is of Federal Regulation, for minors between 16 without amendment: and 28 years of age who operate automobiles denying young people the opportunity S. 21. An act to terminate the United or trucks not exceeding 6,000 pounds gross States arms embargo applicable to the Gov- to work in at least one sector of our vehicle weight to eliminate the requirement ernment of Bosnia and Herzegovina. economy, car dealership. that such operation be only occasional and Let me explain. Last year, the U.S. incidental to the employment of a minor and f Department of Labor started cracking to add the requirement that such operation MEASURES REFERRED down on dealerships that allowed their not be the primary duty of the employment 16- and 17-year-old employees to drive of a minor. The following bills were read the first cars for short distances, say, from one and second times by unanimous con- By Mr. MOYNIHAN (for himself, lot to another across the street, or to a sent and referred as indicated: Mr. HATCH, Mr. BAUCUS, Mr. nearby gas station. Why? Because of a BINGAMAN, Mrs. BOXER, Mr. H.R. 701. An act to authorize the Secretary provision in the Fair Labor Standards of Agriculture to convey lands to the City of BREAUX, Mr. COCHRAN, Mr. Act that allows for only incidental and Rolla, Missouri; to the Committee on Agri- D’AMATO, Mr. DODD, Mr. GRASS- occasional driving by teenage employ- culture, Nutrition, and Forestry. LEY, Mr. KYL, Ms. MOSELEY- H.R. 1874. An act to modify the boundaries ees under 18. As interpreted by the De- BRAUN, Mr. PRYOR, and Mr. of the Talladega National Forest, Alabama; partment of Labor, this provision effec- SIMPSON): to the Committee on Agriculture, Nutrition, tively wipes out any teenage driving and Forestry. S. 1100. A bill to amend the Internal whatsoever. Revenue Code of 1986 to provide for the H.R. 2099. An act making appropriations This provision in the Fair Labor deduction of partnership investment for the Departments of Veterans Affairs and Standards Act was intended to prevent Housing and Urban Development, and for expenses under the minimum tax; to employers from over-working young sundry independent agencies, boards, com- the Committee on Finance. missions, corporations, and offices for fiscal people and using then to drive heavy vehicles. But what we are talking TAX LEGISLATION year ending September 30, 1996, and for other Mr. MOYNIHAN. Mr. President, I am purposes; to the Committee on Appropria- about today, Mr. President, is not ex- tions. ploitation, but perfectly reasonable ac- introducing a bill today to eliminate a serious tax impediment to venture cap- f tions. The Department of Labor, for reasons ital investments. It would treat the in- vestment expenses of individuals in- INTRODUCTION OF BILLS AND which I cannot fathom, has imposed al- vesting in partnerships the same for al- JOINT RESOLUTIONS most $200,000 worth of fines on dealer- ships throughout Washington State, ternative minimum tax [AMT] pur- The following bills and joint resolu- even thought the dealerships did not poses as they are currently treated for tions were introduced, read the first require their 16- and 17-year-old em- regular tax purposes. No longer would and second time by unanimous con- ployees to drive often, or for a long individuals who are subject to the AMT sent, and referred as indicated: time, but only in very limited cir- and invest in venture capital funds set By Mr. GORTON: cumstances. The result of these fines? up as partnerships face taxation on S. 1099. A bill to provide for a change in the their gross earnings, rather than their exemption from the child labor provisions of Most car dealerships no longer hire people under 18 years of age, and hun- net income after deduction of expenses. the Fair Labor Standards Act of 1938 for mi- This provision was included in the Tax nors between 16 and 18 years of age who en- dreds of teenagers are prevented from gage in the operation of automobiles and getting good jobs. Fairness and Economic Growth Act of 1992, H.R. 11, legislation that was passed by Congress but vetoed for rea- sons unrelated to this issue. S 11108 CONGRESSIONAL RECORD — SENATE August 1, 1995 Under current law, most investors ‘‘(A) DISALLOWANCE OF CERTAIN DEDUC- businesspeople. Activities such as run- are permitted to deduct the expenses of TIONS.— ning other businesses, serving on earning investment income so that ‘‘(i) IN GENERAL.—No deduction shall be al- boards of other companies, and invest- they pay tax on the net income from lowed— ing heavily in other areas of the econ- ‘‘(I) for any miscellaneous itemized deduc- an investment. Individual taxpayers tion (as defined in section 67(b)), or omy, often subjects their income to the not subject to the AMT are permitted ‘‘(II) for any taxes described in paragraph alternative minimum tax. Even though to deduct investment expenses against (1), (2), or (3) of section 164(a). their investment expenses from part- investment income, to the extent that ‘‘(ii) TREATMENT OF PARTNERSHIP INVEST- nerships are completely legitimate, if expenses exceed 2 percent of the tax- MENT EXPENSES.—Subclause (I) of clause (i) the partners are subject to the AMT, payer’s adjusted gross income. Further, shall not apply to the taxpayer’s distributive these investment expenses are non- individuals who invest through mutual share of the expenses described in section 212 deductible and the partners, in effect, funds effectively get a deduction for all of any partnership; except that the aggre- are punished for daring to invest. gate amount allowed as a deduction by rea- investment expenses without regard to son of this sentence shall not exceed the less- The fact that these men and women the 2 percent floor applicable to direct er of (I) the aggregate adjusted investment are successful business people in other investment. Corporate taxpayers are income of the taxpayer from partnerships, or areas of their lives is the only reasons also entitled to a tax deduction for all (II) the excess of the aggregate of the tax- that the AMT kicks in to punish their investment expenses. payer’s distributive shares of such expenses investment activity. Mr. President, In contrast to the general rule, the over 2 percent of adjusted gross income. For don’t we want successful people to be AMT as it applies to individuals denies purposes of the preceding sentence, the term the ones developing the products of to- them a deduction for any investment ‘adjusted investment income’ means invest- morrow? In our view, there is simply expenses, despite the fact that such ex- ment income (as defined in section 163(d)(4)(B) without regard to clause (ii)(II) no justification for disallowing legiti- penses are legitimate costs of earning or clause (iii) reduced by investment interest mate expenses for reasons not even re- investment income. Denying the deduc- (as defined in section 163(d)(3)). lated to the venture capital invest- tion for investment expenses is espe- ‘‘(iii) TREATMENT OF CERTAIN TAXES.— ments. cially harsh when applied to individual Subclause (II) of clause (i) shall not apply to Even the Treasury has acknowledged partners in a venture capital partner- any amount allowable in computing adjusted that the AMT’s treatment of invest- ship, because all of the partnership’s gross income.’’ ment expenses is conceptually flawed. expenses—for example, salaries, rent, (b) EFFECTIVE DATE.—The amendment According to a recent report, this dis- legal and accounting services, and the made by subsection (a) shall apply to taxable parity in treatment results in the in- years beginning after December 3, 1994. costs of investigating and managing in- correct measurement of the economic vestment opportunities—are considered Mr. HATCH. Mr. President, I am income of investors subject to the investment expenses that cannot be de- pleased to join with my distinguished AMT. The problem is not just concep- ducted under the AMT. colleague, Senator MOYNIHAN, in intro- tual. Real money, desperately needed The goal of the AMT is to properly ducing legislation to ease the burden of by small businesses, is being diverted measure a taxpayer’s income, so that the alternative minimum tax [AMT] on by a flawed tax policy. the tax is paid on economic income. investors. I commend Senator MOY- Investors are often simply unwilling There is no policy justification for pre- NIHAN and my other colleagues for the to make investments in emerging busi- venting the deduction of legitimate ex- work they have done to help bring this nesses that not only carry the highest penses of earning investment income. bill to introduction in the Senate and risks in the investment world, but also The bill that I am introducing today to secure the strong bipartisan support carry the highest possible tax rates. would address the undesirable AMT that it enjoys. Mr. President, our bill will help stop policy in current law by treating indi- Mr. President, changes to this area of the flow of capital away from entre- viduals investing in partnerships and the tax law are long overdue. Congress preneurial investments by allowing a subject to the AMT the same as indi- has attempted to correct this problem partner in an investment partnership, viduals under the regular income tax. several times within the past few filing as an individual, to deduct cer- Partners would be allowed to deduct years. In fact, this bill was passed in tain investment expenses for both reg- partnership investment expenses its exact present form by both houses ular tax and alternative minimum tax against their partnership investment of Congress in 1992 as part of H.R. 11. purposes. The strong disincentive to in- income, subject to the same 2 percent My colleagues will recall that H.R. 11 vest that the AMT has imposed on such floor applied to other individual inves- was vetoed by President Bush for rea- partnerships would thus be eliminated. tors under the regular income tax. sons unrelated to this provision. Mr. President, this bill is pro-econ- These proposed tax changes should Under current law, individuals who omy and pro-jobs. Allowing the deduct- increase the flow of funds to partner- incur investment expenses may deduct ibility of investment expenses will en- ships investing in new businesses by them for regular tax purposes, subject hance the critical role that private sec- eliminating a substantial tax barrier to a 2-percent gross income floor. This tor investment plays in advancing our that currently exists. The vast major- includes expenses passed through to in- Nation’s growth and development ity of venture capital funds are orga- dividuals from partnerships. While goals. This bill will affect the economic nized as partnerships. Further, this these legitimate investment expenses growth and vitality of our Nation in proposed legislation should improve are deductible under the regular tax such industries as health care, bio- the efficiency of capital markets by system, the alternative minimum tax technology, pharmaceuticals, and high bringing the AMT rules for partnership system completely disallows their de- technology. investments into conformity with ductibility. Small firms with venture capital sup- those applicable under the regular in- In the case of venture capital part- port contribute significantly to the come tax rules, and closer to those ap- nerships, investment expenses are overall job growth of our economy. plicable to investors in mutual funds. often quite substantial. These partner- Such firms contribute greatly to the Mr. President, I ask unanimous con- ships spend a great deal of time and re- creation of jobs, and these are gen- sent that the text of the bill be placed sources exploring possibilities for new erally high quality jobs. In fact, 59 per- in the RECORD. investments to make sure that the cent of the labor force in businesses S. 1100 products and companies will be suc- created by venture capital are high- Be it enacted by the Senate and House of Rep- cessful before committing venture cap- skill, high-wage workers such as engi- resentatives of the United States of America in ital funding. The expenses required to neers, scientists, and managers. Congress assembled, explore and begin such investments in- With an average annual growth rate SECTION 1. TREATMENT OF PARTNERSHIP IN- clude hiring support staff, renting of- of 25 percent, venture capital financed VESTMENT EXPENSES UNDER MINI- fice space, obtaining computers and firms outpace almost all other sectors MUM TAX. (a) GENERAL RULE.—Subparagraph (A) of other equipment, hooking up utilities, of our economy. As we remove this bur- section 56(b)(1) of the Internal Revenue Code and legal and accounting fees. den of the AMT, millions of dollars in of 1986 (relating to limitation on deductions) Partners in these partnerships are entrepreneurial capital will be at- is amended to read as follows: generally successful and active tracted that can provide a vital source August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11109 of funding for the jobs created by such judge would be permitted to take sen- ments in pay for Federal judges except start-up businesses. ior status as early as age 60, so long as as specifically authorized by Congress. In my home State of Utah, venture that judge’s combined age and years of Section 603 would amend the Crimi- capital has contributed an estimated service equal at least 80. nal Justice Act to delegate authority $100 million dollars to high growth in- Section 402 loosens requirements for to the Judicial Conference to establish dustries. In fact, several of Utah’s med- senior judges’ work certification to compensation rates and case compensa- ical device and computer software com- permit senior judges to obtain retro- tion maximum amounts which are paid panies owe their very existence to the active credit. Under that provision, a to attorneys who provide services capital that these partnerships provide. senior judge’s work could be credited under CJA. Our bill would eliminate the AMT’s toward a prior year in which the judge The foregoing are just some of the financial impediment to the develop- did not complete the minimum work provisions of the legislation we are in- ment of new, innovative products. Ben- requirements. That would enable sen- troducing by request today. I do not efactors of this legislation include ior judges to remain eligible for salary agree with each and every proposal in companies like Anefta, a Utah com- increases for which they otherwise the bill we are introducing, and I re- pany which recently created the first would not be qualified. serve the right to look at each specific pre-operating room anesthetic specifi- I have some concern that those provi- proposal on its merits. I am confident cally designed for children. With the sions would increase costs to the Fed- that the Judiciary Committee will give aid of a venture capital group, Anefta eral Government. With judges taking this bill careful consideration and look created an anesthetic in the form of a senior status earlier, a greater number forward to working with my colleagues lollypop that hospitals across the coun- of active judges would have to be ap- on the committee in the weeks ahead. try now give to children going into sur- pointed to handle the heavy Federal f gery. court caseload. Enabling senior judges Mr. President, it is time to stop pun- to maintain senior status without ADDITIONAL COSPONSORS ishing those willing to invest in Ameri- meeting the already reduced work re- S. 47 ca’s future, in companies like Anefta. quirements could increase salary costs At the request of Mr. SARBANES, the We need to remove the burden of the unnecessarily. name of the Senator from Washington AMT on the entrepreneurial sector of I mention these simply to highlight [Mrs. MURRAY] was added as a cospon- our economy. I urge my colleagues to some concerns I have with this detailed sor of S. 47, a bill to amend certain pro- join Senator MOYNIHAN and myself in and broad-ranging bill. The bill con- visions of title 5, United States Code, sponsoring this important legislation. tains many other provisions that I in order to ensure equality between hope to support. At this point, how- Federal firefighters and other employ- By Mr. HATCH (for himself and ever, I must reserve my complete en- ees in the civil service and other public Mr. HEFLIN) (by request): dorsement of it. S. 1101. A bill to make improvements Mr. HEFLIN. Mr. President, I am sector firefighters, and for other pur- in the operation and administration of joining with my colleague Senator poses. the Federal courts, and for other pur- ORRIN HATCH, chairman of the Judici- S. 112 poses; to the Committee on the Judici- ary Committee, to introduce at the re- At the request of Mr. DASCHLE, the ary. quest of the Administrative Office of name of the Senator from Wisconsin THE FEDERAL COURTS IMPROVEMENT ACT OF 1995 the U.S. Courts the Federal Courts Im- [Mr. KOHL] was added as a cosponsor of Mr. HATCH. Mr. President, at the re- provement Act of 1995. S. 112, a bill to amend the Internal quest of the Administrative Office of This bill contains some proposals Revenue Code of 1986 with respect to the United States Courts, today I in- carried over from previous Congresses, the treatment of certain amounts re- troduce the Federal Courts Improve- but it also contains some new propos- ceived by a cooperative telephone com- ment Act of 1995. als which the Federal judiciary be- pany. The Administrative Office prepared lieves will enhance and improve its op- S. 254 this legislation, and I am pleased to in- eration. Section 101 would provide Fed- At the request of Mr. LOTT, the troduce it on that office’s behalf. While eral authority for probation and pre- names of the Senator from Kansas [Mr. I have reservations about some provi- trial service officers to carry firearms DOLE] and the Senator from Virginia sions of the bill, I believe that, out of under rules prescribed by the Director [Mr. WARNER] were added as cosponsors comity to the judicial branch, the Sen- of the Administrative Office of the of S. 254, a bill to extend eligibility for ate should have the judiciary’s specific Courts, if approved by the appropriate veterans’ burial benefits, funeral bene- proposals on record so that we can give district court. fits, and related benefits for veterans of those suggestions a full and fair hear- Section 202 would increase the civil certain service in the United States ing. filing fee from $120 to $150. merchant marine during World War II. As for content, the bill is lengthy and Section 304 would eliminate in-State S. 400 includes both technical and sub- plaintiff diversity jurisdiction. At the request of Mrs. HUTCHISON, the stantive changes in the law. Some of Section 309 would raise the jurisdic- name of the Senator from Pennsylva- its substantive changes do raise con- tional amount in diversity cases from nia [Mr. SANTORUM] was added as a co- cern. For example, section 201 of the $50,000 to $75,000 and index such amount sponsor of S. 400, a bill to provide for bill provides authorization for judicial for inflation to be adjusted at the end appropriate remedies for prison condi- branch reimbursement out of civil for- of each year evenly divisible by five. tions, and for other purposes. feiture funds for expenses incurred in Section 409 would authorize Federal connection with asset forfeiture pro- judges to carry firearms for purposes of S. 434 ceedings. This might have a harmful personal security. At the request of Mr. KOHL, the name effect on law enforcement and related Section 410 would change the date of of the Senator from New York [Mr. programs, which currently receive re- temporary judgeships created in the D’AMATO] was added as a cosponsor of imbursement from civil forfeiture 101st Congress under Public Law 101– S. 434, a bill to amend the Internal funds, and on other recipients of resid- 650. Under current law, the 5 year term, Revenue Code of 1986 to increase the ual forfeiture funds. after which new vacancies are not deductibility of business meal expenses A number of provisions relax rules filled, began to run on the date of en- for individuals who are subject to Fed- pertaining to senior judges. Section 401 actment of the public law. Under the eral limitations on hours of service. of the bill, for instance, changes the proposed revision, the 5-year period S. 487 service requirements governing when would not begin until the confirmation At the request of Mr. MCCAIN, the judges may take senior status. Under date of the judge filling the temporary name of the Senator from Colorado the current rule, the earliest time a position. [Mr. CAMPBELL] was added as a cospon- judge may take senior status is at 65 Section 504 repeals a provision in a sor of S. 487, a bill to amend the Indian years of age, with 15 or more years of continuing appropriation resolution Gaming Regulatory Act, and for other service. Under the new provision, a that bars annual cost-of-living adjust- purposes. S 11110 CONGRESSIONAL RECORD — SENATE August 1, 1995 S. 593 following the birth of the child, and for ‘‘Section 4 of the United Nations Participa- At the request of Mr. HATCH, the other purposes. tion Act of 1945 (22 U.S.C. 287b) is amended— ‘‘(1) by redesignating subsection (e) as sub- name of the Senator from Indiana [Mr. S. 972 section (f); and LUGAR] was added as a cosponsor of S. At the request of Mr. DASCHLE, the ‘‘(2) by inserting after subsection (d) the 593, a bill to amend the Federal Food, names of the Senator from Illinois [Mr. following: Drug, and Cosmetic Act to authorize SIMON], and the Senator from Arkansas ‘‘(e) NOTICE TO CONGRESS OF PROPOSED the export of new drugs, and for other [Mr. BUMPERS] were added as cospon- UNITED NATIONS PEACEKEEPING ACTIVITIES.— purposes. sors of S. 972, a bill to amend title XIX (1) Except as provided in paragraph (2), at S. 619 of the Social Security Act to provide least 5 days before any vote in the Security Council to authorize any United Nations At the request of Mr. SMITH, the for medicaid coverage of all certified peacekeeping activity (including any exten- name of the Senator from Maine [Ms. nurse practitioners and clinical nurse sions, modification, suspension, or termi- SNOWE] was added as a cosponsor of S. specialists services. nation of any previously authorized peace- 619, a bill to phase out the use of mer- S. 989 keeping activity) which would involve the cury in batteries and provide for the ef- At the request of Mrs. KASSEBAUM, use of United States Armed Forces or the ex- ficient and cost-effective collection and the names of the Senator from Colo- penditure of United States funds, the Presi- recycling or proper disposal of used rado [Mr. BROWN] and the Senator from dent shall submit to the designated congres- sional committees a notification with re- nickel cadmium batteries, small sealed North Carolina [Mr. FAIRCLOTH] were lead-acid batteries, and certain other spect to the proposed action. The notifica- added as cosponsors of S. 989, a bill to tion shall include the following: batteries, and for other purposes. limit funding of an executive order ‘‘(A) A cost assessment of such action (in- S. 650 that would prohibit Federal contrac- cluding the total estimated cost and the At the request of Mr. SHELBY, the tors from hiring permanent replace- United States share of such cost). name of the Senator from Idaho [Mr. ments for lawfully striking employees, ‘‘(B) Identification of the source of funding for the United States share of the costs of KEMPTHORNE] was added as a cosponsor and for other purposes. the action (whether in an annual budget re- S. 1072 of S. 650, a bill to increase the amount quest, reprogramming notification, a rescis- of credit available to fuel local, re- At the request of Mr. THURMOND, the sion of funds, a budget amendment, or a sup- gional, and national economic growth name of the Senator from Colorado plemental budget request). by reducing the regulatory burden im- [Mr. BROWN] was added as a cosponsor ‘‘(2)(A) If the President determines that an posed upon financial institutions, and of S. 1072, a bill to redefine ‘‘extortion’’ emergency exists which prevents submission for other purposes. for purposes of the Hobbs Act. of the 5-day advance notification specified in paragraph (1) and that the proposed action is S. 772 S. 1086 in the national interest of the United States, At the request of Mr. DORGAN, the At the request of Mr. PRYOR, the the notification described in paragraph (1) name of the Senator from North Caro- name of the Senator from Louisiana shall be provided in a timely manner but no lina [Mr. FAIRCLOTH] was added as a co- [Mr. JOHNSTON] was added as a cospon- later than 48 hours after the vote by the Se- sponsor of S. 772, a bill to provide for sor of S. 1086, a bill to amend the Inter- curity Council. an assessment of the violence broad- nal Revenue Code of 1986 to allow a ‘‘(B) Determinations made under subpara- cast on television, and for other pur- family-owned business exclusion from graph (A) may not be delegated.’’. poses. the gross estate subject to estate tax, S. 847 and for other purposes. KERRY AMENDMENT NO. 2035 At the request of Mr. GREGG, the SENATE RESOLUTION 149 (Ordered to lie on the table.) name of the Senator from Indiana [Mr. At the request of Mr. AKAKA, the Mr. KERRY submitted an amend- LUGAR] was added as a cosponsor of S. names of the Senator from Vermont ment intended to be proposed by him 847, a bill to terminate the agricultural [Mr. LEAHY], and the Senator from New to the bill S. 908, supra; as follows: price support and production adjust- Jersey [Mr. LAUTENBERG] were added as Beginning on page 125, strike line 1 and all ment programs for sugar, and for other cosponsors of Senate Resolution 149, a that follows through line 15 on page 267 and purposes. resolution expressing the sense of the insert the following: S. 851 Senate regarding the recent announce- DIVISION B—CONSOLIDATION AND REINVENTION OF FOREIGN AFFAIRS At the request of Mr. JOHNSTON, the ment by the Republic of France that it AGENCIES names of the Senator from Oklahoma intends to conduct a series of under- SEC. 1001. SHORT TITLE. [Mr. INHOFE], the Senator from New ground nuclear test explosions despite This division may be cited as the ‘‘Foreign Hampshire [Mr. SMITH], the Senator the current international moratorium Affairs Reinvention Act of 1995’’. from Kentucky [Mr. MCCONNELL], the on nuclear testing. SEC. 1002. PURPOSES. Senator from Wyoming [Mr. THOMAS], f The purposes of this division are— the Senator from Mississippi [Mr. AMENDMENTS SUBMITTED (1) to reorganize and reinvent the foreign COCHRAN], and the Senator from Michi- affairs agencies of the United States in order gan [Mr. ABRAHAM] were added as co- to enhance the formulation, coordination, sponsors of S. 851, a bill to amend the THE FOREIGN RELATIONS and implementation of United States foreign policy; Federal Water Pollution Control Act to REVITALIZATION ACT OF 1995 reform the wetlands regulatory pro- (2) to streamline and consolidate the func- gram, and for other purposes. tions and personnel of the Department of State, the Agency for International Develop- S. 915 KERRY (AND PELL) AMENDMENT ment, the United States Information Agen- At the request of Mr. D’AMATO, the NO. 2034 cy, and the United States Arms Control and name of the Senator from Idaho [Mr. (Ordered to lie on the table.) Disarmament Agency in order to eliminate CRAIG] was added as a cosponsor of S. Mr. KERRY (for himself and Mr. redundancies in the functions and personnel 915, a bill to govern relations between of such agencies; PELL) submitted an amendment in- (3) to assist congressional efforts to bal- the United States and the Palestine tended to be proposed by them to the Liberation Organization [PLO], to en- ance the Federal budget and reduce the Fed- bill (S. 908) to authorize appropriations eral debt; force compliance with standards of for the Department of State for fiscal (4) to strengthen the authority of United international conduct, and for other years 1996 through 1999 and to abolish States ambassadors over all United States purposes. the United States Information Agency, Government personnel and resources located S. 969 the United States Arms Control and in United States diplomatic missions in At the request of Mr. BRADLEY, the Disarmament Agency, and the Agency order to enhance the ability of the ambas- name of the Senator from Rhode Island sadors to deploy such personnel and re- for International Development, and for sources to the best effect to attain the Presi- [Mr. PELL] was added as a cosponsor of other purposes; as follows: dent’s foreign policy objectives; S. 969, a bill to require that health On page 1, at the beginning of line 3, strike (5) to encourage United States foreign af- plans provide coverage for a minimum all that follows through page 2, line 20, and fairs agencies to maintain a high percentage hospital stay for a mother and child add the following— of the best qualified, most competent United August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11111

States citizens serving in the United States other assets and liabilities of the independ- (i) DEFINITION.—As used in this section, the Government while downsizing significantly ent foreign affairs agencies resulting from term ‘‘independent foreign affairs agencies’’ the total number of people employed by such the abolition of any such agency and the means the United States Arms Control and agencies; and transfer of the functions of the independent Disarmament Agency, the United States In- (6) to ensure that all functions of United foreign affairs agencies to the Department. formation Agency, and the Agency for Inter- States diplomacy be subject to recruitment, (c) LIMITATIONS ON CONTENTS OF PLAN.—(1) national Development. training, assignment, promotion, and egress Sections 903, 904, and 905 of title 5, United SEC. 1102. TRANSFERS OF FUNCTIONS. based on common standards and procedures States Code, shall apply to the plan trans- (a) TRANSFERS.—Subject to subsection (b), while preserving maximum interchange mitted under subsection (a). there are transferred to, and vested in, the (2) The plan may not provide for the termi- among such functions. Secretary of State all functions vested by nation of any function authorized by law. law (including by reorganization plan ap- TITLE XI—REORGANIZATION OF FOREIGN (d) EFFECTIVE DATE OF PLAN.—(1) The plan proved before the date of the enactment of AFFAIRS AGENCIES transmitted under subsection (a) shall take this Act pursuant to chapter 9 of title 5, SEC. 1101. REORGANIZATION PLAN FOR THE DE- effect 60 calendar days of continuous session United States Code) in, or exercised by, the PARTMENT OF STATE AND INDE- of Congress after the date on which the plan head of each of the following agencies, the PENDENT FOREIGN AFFAIRS AGEN- is transmitted to Congress unless Congress CIES. agencies themselves, or officers, employees, enacts a joint resolution, in accordance with or components thereof: (a) SUBMISSION OF PLAN.—Not later than 6 subsection (e), disapproving the plan. months after the date of enactment of this (2) For purposes of paragraph (1)— (1) The United States Arms Control and Act, the President shall transmit to the ap- (A) continuity of session is broken only by Disarmament Agency propriate congressional committees a reor- an adjournment of Congress sine die; and (2) The United States Information Agency. ganization plan providing for the streamlin- (B) the days on which either House is not (3) The Agency for International Develop- ing and consolidation of the Department of in session because of an adjournment of more ment. State, the United States Information Agen- than 3 days to a day certain are excluded in (b) EFFECTIVE DATE.—The transfers re- cy, the Agency for International Develop- the computation of any period of time in ferred to in subsection (a) shall take place— ment, and the United States Arms Control which Congress is in continuous session. (1) if the President does not transmit a re- and Disarmament Agency. Such plan shall (e) CONGRESSIONAL PRIORITY PROCEDURES.— organization plan to Congress under section provide for— (1) Except as provided in paragraph (2), sec- 1101(a), not later than 180 days after the date (1) the enhancement of the formulation, tions 908, 910, 911, and 912 of title 5, United of enactment of this Act; or coordination, and implementation of policy; States Code, shall apply to the consideration (2) if the President does not implement the (2) the maintenance, to the maximum ex- by Congress of a joint resolution described in reorganization plan transmitted and not dis- tent possible, of a United States presence paragraph (3) that is introduced in a House approved under such section with respect to abroad within budgetary constraints; of Congress. an agency referred to in subsection (a), not (3) a reduction in the aggregate number of (2) The following requirements shall apply later than March 1, 1997. independent foreign affairs agencies; to actions described in paragraph (1) without SEC. 1103. VOLUNTARY SEPARATION INCENTIVES. (4) the elimination in the duplication of regard to chapter 9 of title 5, United States (a) AUTHORITY TO PAY INCENTIVES.—The functions and personnel between the Depart- Code: head of an agency referred to in subsection ment of State and such other agency or (A) A referral of joint resolutions under (b) may pay voluntary incentive payments to agencies not abolished under paragraph (3); this section may only be made to the Com- employees of the agency in order to avoid or (5) the reduction in the aggregate number mittee on Foreign Relations of the Senate minimize the need for involuntary separa- of positions in the Department of State and and the Committee on International Rela- tions from the agency as a result of the abo- the independent foreign affairs agencies tions of the House of Representatives. lition of the agency and the consolidation of which are classified at each of levels II, III, (B) The reference in section 908 of such functions of the Department of State under and IV of the Executive Schedule; title to reorganization plans transmitted on this title. (6) the reorganization and streamlining of or before December 31, 1984, shall have no (b) COVERED AGENCIES.—Subsection (a) ap- the Department of State; and force or effect. plies to the following agencies: (7) the achievement of a cost savings of at (3) A joint resolution under this section (1) The Department of State. least $2,000,000,000 over 4 years through the means only a joint resolution of the Con- (2) The United States Arms Control and consolidation of agencies. gress, the matter after the resolving clause Disarmament Agency. of which is as follows: ‘‘That the Congress (b) PLAN ELEMENTS.—The plan under sub- (3) The United States Information Agency. section (a) shall— disapproves the reorganization plan num- (4) The Agency for International Develop- ll (1) identify the functions of the independ- bered transmitted to the Congress by ment. ll ll ent foreign affairs agencies that will be the President on , 19 ’’, which plan (c) PAYMENT REQUIREMENTS.—(1) The head transferred to the Department of State may include such modifications and revi- of an agency shall pay voluntary separation under the plan, as well as those that will be sions as are submitted by the President incentive payments in accordance with the abolished under the plan; under section 903(c) of title 5, United States provisions of section 3 of the Federal (2) identify the personnel and positions of Code. The blank spaces therein are to be Workforce Restructuring Act of 1994 (Public the agencies (including civil service person- filled appropriately. Law 103-226; 108 Stat. 111), except that an em- (4) The provisions of this subsection super- nel, Foreign Service personnel, and ployee of the agency shall be deemed to be sede any other provision of law. detailees) that will be transferred to the De- eligible for payment of a voluntary separa- (f) EXPIRATION OF AUTHORITY TO TRANSMIT partment, separated from service with the tion incentive payment under that section if PLAN.—The authority of the President to the employee separates from service with Agency, or be eliminated under the plan, and transmit a reorganization plan under sub- the agency during the period beginning on set forth a schedule for such transfers, sepa- section (a) shall expire on the date that is 6 the date of enactment of this Act and ending rations, and terminations; months after the date of the enactment of (3) identify the personnel and positions of on February 28, 1997. this Act. (2) The provisions of subsection (d) of such the Department (including civil service per- (g) DEADLINE FOR IMPLEMENTATION.—If the section 3 shall apply to any employee who is sonnel, Foreign Service personnel, and reorganization plan transmitted under sub- paid a voluntary separation incentive pay- detailees) that will be transferred within the section (a) is not disapproved by Congress in ment under this section. Department, separated from service with the accordance with subsection (e), the plan (d) FUNDING.—The payment of voluntary Department, or eliminated under the plan shall be implemented not later than March 1, separation incentive payments under this and set forth a schedule for such transfers, 1997. section shall be made from funds in the For- separations, and terminations; (h) ABOLITION OF INDEPENDENT FOREIGN AF- eign Affairs Reorganization Transition Fund (4) specify the consolidations and reorga- FAIRS AGENCIES.— nization of functions of the Department that (1) ABOLITION FOR FAILURE TO TRANSMIT established under section 1104. The Secretary will be required under the plan in order to PLAN.—If the President does not transmit to of State may transfer sums in that Fund to permit the Department to carry out the Congress a reorganization plan under sub- the head of an agency under subsection functions transferred to the Department section (a), the United States Arms Control (e)(1)(B) of that section for payment of such under the plan; and Disarmament Agency, the United States payments by the agency head. (5) specify the funds available to the inde- Information Agency, and the Agency for (e) TERMINATION OF AUTHORITY.—The au- pendent foreign affairs agencies that will be International Development are abolished as thority of the head of an agency to authorize transferred to the Department under this of 180 days after the date of enactment of payment of voluntary separation incentive title as a result of the implementation of the this Act. payments under this section shall expire on plan; (2) ABOLITION FOR FAILURE TO IMPLEMENT February 28, 1997. (6) specify the proposed allocations within PLAN.—If the President does not implement SEC. 1104. TRANSITION FUND. the Department of unexpended funds of the the reorganization plan transmitted and not (a) ESTABLISHMENT.—There is hereby es- independent foreign affairs agencies; and disapproved under this section with respect tablished on the books of the Treasury an ac- (7) specify the proposed disposition of the to an agency referred to in paragraph (1), the count to be known as the ‘‘Foreign Affairs property, facilities, contracts, records, and agency is abolished as of March 1, 1997. Reorganization Transition Fund’’. S 11112 CONGRESSIONAL RECORD — SENATE August 1, 1995

(b) PURPOSE.—The purpose of the account (g) REPORT ON ACCOUNT.—Not later than icy-advocating character, and noncareer po- is to provide funds for the orderly transfer of October 1, 1998, the Secretary of State shall sitions in the Senior Executive Service functions and personnel to the Department transmit to the appropriate congressional (within the meaning of section 3132(a)(7) of of State as a result of the implementation of committees a report containing an account- title 5, United States Code). this title and for payment of other costs as- ing of— (e) EMPLOYEE BENEFIT PROGRAMS.—(1) Any sociated with the consolidation of foreign af- (1) the expenditures from the account es- employee accepting employment with the fairs agencies under this title. tablished under this section; and Department of State as a result of such (c) DEPOSITS.—(1) Subject to paragraphs (2) (2) in the event of any transfer of funds to transfer may retain for 1 year after the date and (3), there shall be deposited into the ac- the Department of State under subsection such transfer occurs membership in any em- count the following: (f), the functions for which the funds so ployee benefit program of the transferor (A) Funds appropriated to the account pur- transferred were expended. agency, including insurance, to which such suant to the authorization of appropriations (i) TERMINATION OF AUTHORITY TO USE AC- employee belongs on the date of the enact- in subsection (j). COUNT.—The Secretary may not obligate ment of this Act if— (B) Funds transferred to the account by funds in the account after September 30, (A) the employee does not elect to give up the Secretary of State from funds that are 1999. the benefit or membership in the program; transferred to the Secretary by the head of (j) AUTHORIZATION OF APPROPRIATIONS.— and an agency under subsection (d). There are authorized to be appropriated (B) the benefit or program is continued by (C) Funds transferred to the account by $200,000,000 for deposit under subsection (c)(1) the Secretary of State. the Secretary from funds that are trans- (2) The difference in the costs between the into the account established under sub- ferred to the Department of State together benefits which would have been provided by section (a). with the transfer of functions to the Depart- such agency or entity and those provided by ment under this title and that are not re- SEC. 1105. ASSUMPTION OF DUTIES BY APPRO- this section shall be paid by the Secretary of quired by the Secretary in order to carry out PRIATE APPOINTEES. State. If any employee elects to give up the functions. An individual holding office on the date of membership in a health insurance program (D) Funds transferred to the account by the enactment of this Act— or the health insurance program is not con- the Secretary from any unobligated funds (1) who was appointed to the office by the tinued by the Secretary of State, the em- that are appropriated or otherwise made President, by and with the advice and con- ployee shall be permitted to select an alter- available to the Department. sent of the Senate; nate Federal health insurance program with- (2) The Secretary may transfer funds to (2) who is transferred to a new office in the in 30 days of such election or notice, without the account under subparagraph (C) of para- Department of State under this title; and regard to any other regularly scheduled open graph (1) only if the Secretary determines (3) who performs duties in such new office season. that the amount of funds deposited in the ac- that are substantially similar to the duties (f) SENIOR EXECUTIVE SERVICE.—A transfer- count pursuant to subparagraphs (A) and (B) performed by the individual in the office ring employee in the Senior Executive Serv- of that paragraph is inadequate to pay the held on such date, ice shall be placed in a comparable position costs of carrying out this title. may, in the discretion of the Secretary of at the Department of State. (3) The Secretary may transfer funds to State, assume the duties of such new office, (g) ASSIGNMENTS.—(1) Transferring employ- the account under subparagraph (D) of para- and shall not be required to be reappointed ees shall receive notice of their position as- graph (1) only if the Secretary determines by reason of the enactment of this title. signments not later than the date on which that the amount of funds deposited in the ac- SEC. 1106. RIGHTS OF EMPLOYEES OF ABOL- the reorganization plan setting forth the count pursuant to subparagraphs (A), (B), ISHED AGENCIES. transferal of such employees is transmitted and (C) of that paragraph is inadequate to (a) IN GENERAL.—Except as otherwise pro- to the appropriate congressional committees pay the costs of carrying out this title. vided by this title, the transfer pursuant to under this title. (d) TRANSFER OF FUNDS TO SECRETARY OF this title of full-time personnel (except spe- (2) Foreign Service personnel transferred STATE.—The head of a transferor agency to the Department of State pursuant to this cial Government employees) and part-time shall transfer to the Secretary the amount, title shall be eligible for any assignment personnel holding permanent positions shall if any, of the unobligated funds appropriated open to Foreign Service personnel within the not cause any such employee to be separated or otherwise made available to the agency Department. or reduced in grade or compensation for 1 for functions of the agency that are abol- year after the date of transfer of such em- SEC. 1107. TRANSFER AND ALLOCATIONS OF AP- ished under this title which funds are not re- PROPRIATIONS AND PERSONNEL. ployee under this title. quired to carry out the functions of the (a) IN GENERAL.—Except as otherwise pro- (b) EXECUTIVE SCHEDULE POSITIONS.—Ex- agency as a result of the abolishment of the vided in this title, the personnel employed in cept as otherwise provided in this title, any connection with, and the assets, liabilities, functions under this title. person who, on the day preceding the date of (e) USE OF FUNDS.—(1)(A) Notwithstanding contracts, property, records, and unexpended the abolition of a transferor agency under any other provision of law, the Secretary balances of appropriations, authorizations, this title, held a position in such an agency shall use sums in the account for payment of allocations, and other funds employed, used, that was compensated in accordance with the costs of carrying out this title, including held, arising from, available to, or to be the Executive Schedule prescribed in chapter costs relating to the consolidation of func- made available in connection with the func- 53 of title 5, United States Code, and who, tions of the Department of State and relat- tions transferred under this title, subject to without a break in service, is appointed in ing to the termination of employees of the section 1531 of title 31, United States Code, the Department of State to a position having Department. shall be transferred to the Department of (B) The Secretary may transfer sums in duties comparable to the duties performed State. the account to the head of an agency to be immediately preceding such appointment (b) TREATMENT OF PERSONNEL EMPLOYED IN abolished under this title for payment by the shall continue to be compensated in such TERMINATED FUNCTIONS.—The following shall head of the agency of the cost of carrying new position at not less than the rate pro- apply with respect to officers and employees out a voluntary separation incentive pro- vided for such previous position, for the du- of a transferor agency that are not trans- gram at the agency under section 1103. ration of the service of such person in such ferred under this title: (2) Funds in the account shall be available new position. (1) Under such regulations as the Office of for the payment of costs under paragraph (1) (c) TERMINATION OF CERTAIN POSITIONS.— Personnel Management may prescribe, the without fiscal year limitation. Positions whose incumbents are appointed head of any agency in the executive branch (3) Funds in the account may be used only by the President, by and with the advice and may appoint in the competitive service any for purposes of paying the costs of carrying consent of the Senate, the functions of which person who is certified by the head of the out this title. are transferred under this title, shall termi- transferor agency as having served satisfac- (f) TREATMENT OF UNOBLIGATED BAL- nate on the date of the transferal of the torily in the transferor agency and who ANCES.—(1) Subject to paragraph (2), unobli- functions under this title. passes such examination as the Office of Per- gated funds, if any, which remain in the ac- (d) EXCEPTED SERVICE.—(1) Subject to para- sonnel Management may prescribe. Any per- count after the payment of the costs de- graph (2), in the case of employees occupying son so appointed shall, upon completion of scribed in subsection (e)(1) shall be trans- positions in the excepted service or the Sen- the prescribed probationary period, acquire a ferred to Department of State and shall be ior Executive Service, any appointment au- competitive status. available to the Secretary of State for pur- thority established pursuant to law or regu- (2) The head of any agency in the executive poses of carrying out the functions of the De- lations of the Office of Personnel Manage- branch having an established merit system partment. ment for filling such positions shall be trans- in the excepted service may appoint in such (2) The Secretary may not transfer funds ferred. service any person who is certified by the in the account to the Department under (2) The Department of State may decline a head of the transferor agency as having paragraph (1) unless the appropriate congres- transfer of authority under paragraph (1) served satisfactorily in the transferor agency sional committees are notified in advance of (and the employees appointed pursuant and who passes such examination as the head such transfer in accordance with the proce- thereto) to the extent that such authority of such agency in the executive branch may dures applicable to reprogramming notifica- relates to positions excepted from the com- prescribe. tions under section 34 of the State Depart- petitive service because of their confidential, (3) Any appointment under this subsection ment Basic Authorities Act of 1956. policy-making, policy-determining, or pol- shall be made within a period of 1 year after August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11113 completion of the appointee’s service in the the Director shall provide, make such addi- time this title takes effect for that agency, transferor agency. tional incidental dispositions of personnel, with respect to functions transferred under (4) Any law, Executive order, or regulation assets, liabilities, grants, contracts, prop- this title but such proceedings and applica- which would disqualify an applicant for ap- erty, records, and unexpended balances of ap- tions shall be continued. Orders shall be is- pointment in the competitive service or in propriations, authorizations, allocations, sued in such proceedings, appeals shall be the excepted service concerned shall also dis- and other funds held, used, arising from, taken therefrom, and payments shall be qualify an applicant for appointment under available to, or to be made available in con- made pursuant to such orders, as if this title this subsection. nection with such functions, as may be nec- had not been enacted, and orders issued in SEC. 1108. PERSONNEL AUTHORITIES FOR essary to carry out the provisions of this any such proceedings shall continue in effect TRANSFERRED FUNCTIONS. title. The Director shall provide for the ter- until modified, terminated, superseded, or (a) APPOINTMENTS.—(1) Subject to para- mination of the affairs of all entities termi- revoked by a duly authorized official, by a graph (2), the Secretary of State may ap- nated by this title and for such further meas- court of competent jurisdiction, or by oper- point and fix the compensation of such offi- ures and dispositions as may be necessary to ation of law. Nothing in this subsection shall cers and employees, including investigators, effectuate the purposes of this title. be deemed to prohibit the discontinuance or attorneys, and administrative law judges, as SEC. 1113. EFFECT ON CONTRACTS AND GRANTS. modification of any such proceeding under may be necessary to carry out the respective (a) PROHIBITION ON NEW OR EXTENDED CON- the same terms and conditions and to the functions transferred to the Department of TRACTS OR GRANTS.—Except as provided in same extent that such proceeding could have State under this title. Except as otherwise subsection (b), the United States Arms Con- been discontinued or modified if this title provided by law, such officers and employees trol and Disarmament Agency, the United had not been enacted. shall be appointed in accordance with the States Information Agency, and the Agency (c) SUITS NOT AFFECTED.—The provisions civil service laws and their compensation of this title shall not affect suits commenced fixed in accordance with title 5, United for International Development may not— (1) enter into a contract or agreement before the effective date of this title, and in States Code. which will continue in force after the termi- all such suits, proceedings shall be had, ap- (2) A person employed under paragraph (1) peals taken, and judgments rendered in the may not continue in such employment after nation date, if any, of such agency under this title; same manner and with the same effect as if the end of the period (as determined by the this title had not been enacted. Secretary) required for the transferal of (2) extend the term of an existing contract or agreement of such agency to a date after (d) NONABATEMENT OF ACTIONS.—No suit, functions under this title. action, or other proceeding commenced by or (b) EXPERTS AND CONSULTANTS.—The Sec- such date; or (3) make a grant which will continue in against the transferor agency, or by or retary of State may obtain the services of against any individual in the official capac- experts and consultants in connection with force after such date. (b) EXCEPTION.—Subsection (a) does not ity of such individual as an officer of the functions transferred to the Department of transferor agency, shall abate by reason of State under this title in accordance with sec- apply to the following: the enactment of this title. tion 3109 of title 5, United States Code, and (1) Contracts and agreements for carrying out essential administrative functions. (e) ADMINISTRATIVE ACTIONS RELATING TO compensate such experts and consultants for PROMULGATION OF REGULATIONS.—Any ad- each day (including traveltime) at rates not (2) Contracts and agreements for functions and activities that the Secretary of State de- ministrative action relating to the prepara- in excess of the rate of pay for level IV of the tion or promulgation of a regulation by the Executive Schedule under section 5315 of termines will be carried out by the Depart- ment of State after the termination of the transferor agency relating to a function such title. The head Secretary may pay ex- transferred under this title may be contin- perts and consultants who are serving away agency concerned under this title. (3) Grants relating to the functions and ac- ued by the Secretary of State with the same from their homes or regular place of business effect as if this title had not been enacted. travel expenses and per diem in lieu of sub- tivities referred to in paragraph (2). sistence at rates authorized by sections 5702 (c) EVALUATION AND TERMINATION OF EXIST- SEC. 1115. SEPARABILITY. If a provision of this title or its application and 5703 of such title for persons in Govern- ING CONTRACTS.—The Secretary of State and to any person or circumstance is held in- ment service employed intermittently. the head of each agency referred to in sub- section (a) shall— valid, neither the remainder of this title nor SEC. 1109. PROPERTY AND FACILITIES. the application of the provision to other per- (a) IN GENERAL.—The Secretary of State (1) review the contracts of such agency sons or circumstances shall be affected. shall review the property and facilities of that will continue in force after the date, if each transferror agency for purposes of de- any, of the abolishment of the agency under SEC. 1116. TRANSITION. The Secretary of State may utilize— termining if the property is required by the this title in order to determine if the cost of abrogating such contracts before that date (1) the services of such officers, employees, Department of State in order to carry out and other personnel of the transferor agency the functions of the Department after the would be exceed the cost of carrying out the contract according to its terms; and with respect to functions transferred to the transfer of functions to the Department Department of State under this title; and under this title. (2) in the case of each contract so deter- mined, provide for the termination of the (2) funds appropriated to such functions for (b) DEADLINE FOR TRANSFER.—Not later such period of time as may reasonably be than March 1, 1997, all property and facilities contract in the most cost-effective manner practicable. needed to facilitate the orderly implementa- within the custody of the transferor agencies tion of this title. shall be transferred to the custody of the SEC. 1114. SAVINGS PROVISIONS. SEC. 1117. ADDITIONAL CONFORMING AMEND- Secretary of State. (a) CONTINUING EFFECT OF LEGAL DOCU- MENTS. SEC. 1110. DELEGATION AND ASSIGNMENT. MENTS.—All orders, determinations, rules, The President may submit a report to the Except where otherwise expressly prohib- regulations, permits, agreements, grants, appropriate congressional committees con- ited by law or otherwise provided by this contracts, certificates, licenses, registra- taining such recommendations for such addi- title, the Secretary of State may delegate tions, privileges, and other administrative tional technical and conforming amend- any of the functions transferred to the Sec- actions— ments to the laws of the United States as retary under this title and any function (1) which have been issued, made, granted, may be appropriate to reflect the changes transferred or granted to the Secretary after or allowed to become effective by the Presi- made by this division. dent, any Federal agency or official thereof, the effective date of this title to such offi- SEC. 1118. FINAL REPORT. cers and employees of the Department of or by a court of competent jurisdiction, in Not later than October 1, 1998, the Presi- State as the Secretary may designate, and the performance of functions which are dent shall provide by written report to the may authorize successive redelegations of transferred under this title, and Congress a final accounting of the finances (2) which are in effect at the time this title such functions as may be necessary or appro- and operations of the United States Arms takes effect, or were final before the effec- priate. No delegation of functions by the Control and Disarmament Agency, the Unit- tive date of this title and are to become ef- Secretary under this section or under any ed States Information Agency, and the Agen- fective on or after the effective date of this other provision of this title shall relieve the cy for International Development. Secretary of responsibility for the adminis- title, SEC. 1119. DEFINITIONS. tration of such functions. shall continue in effect according to their For purposes of this title, unless otherwise SEC. 1111. RULES. terms until modified, terminated, super- provided or indicated by the context— The Secretary of State may prescribe, in seded, set aside, or revoked in accordance (1) the term ‘‘appropriate congressional accordance with the provisions of chapters 5 with law by the President, the Secretary of committees’’ means the Committee on For- and 6 of title 5, United States Code, such State or other authorized official, a court of eign Relations of the Senate and the Com- rules and regulations as the Secretary deter- competent jurisdiction, or by operation of mittee on International Relations of the mines necessary or appropriate to admin- law. House of Representatives; ister and manage the functions of the De- (b) PROCEEDINGS NOT AFFECTED.—The pro- (2) the term ‘‘Federal agency’’ has the partment of State after the transfer of func- visions of this title shall not affect any pro- meaning given to the term ‘‘agency’’ by sec- tions to the Department under this title. ceedings, including notices of proposed rule- tion 551(1) of title 5, United States Code; SEC. 1112. INCIDENTAL TRANSFERS. making, or any application for any license, (3) the term ‘‘function’’ means any duty, The Director of the Office of Management permit, certificate, or financial assistance obligation, power, authority, responsibility, and Budget may, at such time or times as pending before the transferor agency at the right, privilege, activity, or program; S 11114 CONGRESSIONAL RECORD — SENATE August 1, 1995

(4) the term ‘‘office’’ includes any office, the Congress disapproves the plan submitted (b) REPORT.—The Secretary of Transpor- administration, agency, institute, unit, orga- by the President on llllll pursuant to tation shall submit a report 90 days after the nizational entity, or component thereof; section 1109 of the Foreign Relations Revi- enactment of this Act and annually there- (5) the term ‘‘transferor agency’’ refers to talization Act.’’. after to the appropriate committees of Con- each of the following agencies: (f) RESUBMISSION OF PLAN.—If, within 60 gress detailing the U.S. health, safety, labor (A) The Agency for International Develop- days of transmittal of a plan under sub- and other standards and their differential ment, a component of the International De- section (c), Congress enacts legislation dis- cost to U.S. shippers of agricultural com- velopment Cooperation Agency. approving the plan, the President shall modities under sections 901(b) and 901b of the (B) The International Development Co- transmit to the appropriate congressional Merchant Marine Act of 1936. operation Agency (insofar as it exercises committees a revised plan developed under functions related to the Agency for Inter- subsection (a). AMENDMENT NO. 2038 national Development). (g) STATUTORY CONSTRUCTION.—Nothing in At the appropriate place in the bill, add (C) The United States Information Agency this section requires the termination of the following new section: (exclusive of the Broadcasting Board of Gov- United States diplomatic or consular rela- ‘‘SEC. . AUTHORIZATION FOR AN INDUSTRIAL ernors). tions with any foreign country. PARK ON THE BORDER BETWEEN (D) The United States Arms Control and (h) DEFINITIONS.—As used in this section: THE TERRITORIES AND ISRAEL. Disarmament Agency. (1) APPROPRIATE CONGRESSIONAL COMMIT- (a) FINDINGS.—The Congress finds that: TITLE XII—CONSOLIDATION OF DIPLO- TEES.—The term ‘‘appropriate congressional (1) Extremists in Hamas and Islamic Jihad MATIC MISSIONS AND CONSULAR POSTS committees’’ means the Committee on Inter- who reject the gains made since the signing national Relations of the House of Rep- of the Declaration of Principles have used SEC. 1201. CONSOLIDATION OF UNITED STATES resentatives and the Committee on Foreign DIPLOMATIC MISSIONS AND CON- terrorist tactics to force the closing of the SULAR POSTS. Relations of the Senate. territories; (2) PLAN.—The term ‘‘plan’’ means the plan (a) CONSOLIDATION PLAN.—The Secretary of (2) These terrorist acts have exacerbated State shall develop a worldwide plan for the developed under subsection (a). existing problems and Gaza is now experienc- consolidation, wherever practicable, on a re- SEC. 1202. DETAIL OF OTHER AGENCY PERSON- ing staggering unemployment nearing 50%, gional or areawide basis, of United States NEL TO STATE DEPARTMENT. increasing chaos and a downward spiral of missions and consular posts abroad in order Any employee of any agency other than dashed hopes and deepening poverty; to carry out this section. the Department of State who is assigned to (3) Israel’s legitimate security concerns ne- (b) CONTENTS OF PLAN.—The plan shall— an overseas post located within any United cessitate creative new methods of ensuring (1) identify the specific United States dip- States mission except for those assigned to a continued economic opportunity for the Pal- lomatic missions and consular posts for con- military command shall be detailed to the estinians; and solidation; Department of State for the duration of such (4) The development of industrial parks (2) identify those missions and posts at assignment, and shall be fully under the au- along the border between Gaza, the West which the resident ambassador would also be thority of the Chief of Mission. The Chief of Bank and Israel sponsored by individual na- accredited to other specified states in which Protocol, at the sole discretion of the Sec- tions provides an important means of provid- the United States either maintained no resi- retary of State, shall accord diplomatic ti- ing both development for Palestinians while dent official presence or maintained such a tles, privileges, and immunities to any such maintaining border security. presence only at staff level; and employees as the Secretary of State deems (b) SENSE OF CONGRESS.—It is the sense of (3) provide an estimate of— appropriate. Congress that:’ (A) the amount by which expenditures (1) The United States should take prompt, would be reduced through the reduction in BROWN AMENDMENT NO. 2036 visible action before the coming elections in the number of United States Government Gaza and Jericho that promises hope and personnel assigned abroad; (Ordered to lie on the table.) jobs to Palestinians; (B) through a reduction in the costs of Mr. BROWN submitted an amend- (2) The rapid development of an industrial maintaining United States properties ment intended to be proposed by him park, closely coordinated with private sector abroad; and to amendment No. 1938 proposed by investors, will provide a clear sign of oppor- (C) the amount of revenues generated to him to the bill S. 908, supra; as follows: tunity resulting from peace with Israel; the United States through the sale or other (3) The decision to site the industrial park At the appropriate place in the bill, insert disposition of United States properties asso- should give special consideration to the ex- the following new section: ciated with the posts to be consolidated tremely difficult economic conditions in abroad. ‘‘SEC. . LIMITATION ON CARGO PREFERENCE. Gaza; (c) TRANSMITTAL.—Not later than 180 days For all agricultural commodities trans- (4) The President should appoint a Special after the date of enactment of this Act, the ported under section 901(b) and 901b of the Coordinator to coordinate the rapid develop- Secretary of State shall transmit a copy of Merchant Marine Act of 1936 as part of any ment of an industrial park in Gaza and to the plan to the appropriate congressional United States Government-administered pro- begin the recruitment of U.S. investors; and committees. gram of food assistance to foreign countries, (5) The Secretary of State should direct a (d) IMPLEMENTATION.—Not later than 60 the United States shall not reimburse car- short-term review and implementation of days after transmittal of the plan under sub- riers more than 25 percent above the inter- U.S. assistance plans to assist in speeding section (c), the Secretary of State shall take national market rate, as determined by the the flow of goods and services between Israel steps to implement the plan unless the Con- Secretary of Agricultural.’’ and Gaza while increasing security between gress before such date enacts legislation dis- the two areas. approving the plan. BROWN AMENDMENTS NOS. 2037– (b) AUTHORIZATION.—There are authorized (e) CONGRESSIONAL PRIORITY PROCEDURES.— 2039 to be appropriated $10,000,000 for the rapid (1) A joint resolution described in paragraph development of a prototype industrial park (2) which is introduced in a House of Con- (Ordered to lie on the table.) in Gaza and/or the West Bank, notwithstand- gress after the date on which a plan devel- Mr. BROWN submitted three amend- ing sections 513 and 545 of the FY1995 Foreign oped under subsection (a) is received by Con- ments to be proposed by him to amend- Operations, Export Financing and Related gress, shall be considered in accordance with ments submitted by him to the bill S. Programs and FY1994 Supplemental Appro- the procedures set forth in paragraphs (3) 908, supra; as follows; priations Act (P.L. 103–306) or similar provi- through (7) of section 8066(c) of the Depart- sions.’’ AMENDMENT NO. 2037 ment of Defense Appropriations Act, 1985 (as contained in Public Law 98-473 (98 Stat. At the appropriate place in the bill, add AMENDMENT NO. 2039 1936)), except that— the following new section: At the appropriate place in the bill, insert (A) references to the ‘‘report described in SEC. . REIMBURSEMENT FOR MARGINAL COSTS. the following new section: paragraph (1)’’ shall be deemed to be ref- (a) For all agricultural commodities trans- TITLE ll—NATO PARTICIPATION ACT erences to the joint resolution; and ported under sections 901(b) and 901b of the AMENDMENTS OF 1995 (B) references to the Committee on Appro- Merchant Marine Act of 1936 as part of any priations of the House of Representatives United States government-administered pro- SECTION 1. SHORT TITLE. and to the Committee on Appropriations of gram of food assistance to foreign countries, This title may be cited as the ‘‘NATO Par- the Senate shall be deemed to be references the United States is authorized to reimburse ticipation Act Amendments of 1995’’. to the Committee on International Relations carriers above the international market rate SEC. 2. FINDINGS. of the House of Representatives and the as determined by the Secretary of Agri- The Congress makes the following findings: Committee on Foreign Relations of the Sen- culture only to the extent of the differential (1) Since 1949, the North Atlantic Treaty ate. cost incurred by U.S. shippers necessary to Organization (NATO) has played an essential (2) A joint resolution under this paragraph comply with U.S. health, safety, labor and role in guaranteeing the security, freedom, is a joint resolution the matter after the re- other U.S. standards that are not required and prosperity of the United States and its solving clause of which is as follows: ‘‘That for non-U.S. vessels. partners in the Alliance. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11115 (2) NATO has expanded its membership on (2) to actively assist European countries ‘‘(D) is likely, within five years of the de- three different occasions since 1949. emerging from communist domination in termination of the President under para- (3) The sustained commitment of the mem- their transition so that such countries may graph (1) or (2), to be in a position to further ber countries of NATO to mutual defense of eventually qualify for NATO membership; the principles of the North Atlantic Treaty their security ultimately made possible the and and to contribute to its own security and democratic transformation in Central and (3) to work to define the political and secu- that of the North Atlantic area. Eastern Europe and the demise of the Soviet rity relationship between an enlarged NATO ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER- Union. and the Russian Federation. SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR (4) NATO was designed to be and remains a SEC. 4. REVISIONS TO PROGRAM TO FACILITATE THE WARSAW INITIATIVE.—Effective 60 days defensive military organization whose mem- TRANSITION TO NATO MEMBERSHIP. after the date of enactment of the NATO bers have never contemplated the use of, or (a) ESTABLISHMENT OF PROGRAM.—Sub- Participation Act Amendments of 1995, no used, military force to expand the borders of section (a) of section 203 of the NATO Par- funds authorized to be appropriated under its member states. ticipation Act of 1994 (title II of Public Law any provision of law may be obligated or ex- (5) While the immediate threat to the secu- 103–447; 22 U.S.C. 1928 note) is amended to pended for activities associated with the rity of the United States and its allies has read as follows: Partnership for Peace program or the War- been reduced with the collapse of the Iron ‘‘(a) ESTABLISHMENT OF PROGRAM.—The saw Initiative until the President has des- Curtain, new security threats, such as the President shall provide expanded security as- ignated at least one country to participate situation in Bosnia and Herzegovina, are sistance and other related assistance to in the transition program established under emerging to the shared interests of the mem- countries designated under subsection (d) to subsection (a).’’. facilitate their transition to full NATO ber countries of NATO. (2) CONFORMING AMENDMENTS.— (6) NATO remains the only multilateral se- membership.’’. (A) Subsections (b) and (c) of section 203 of (b) ELIGIBLE COUNTRIES.— curity organization capable of conducting ef- such Act are amended by striking ‘‘countries (1) ELIGIBILITY.—Subsection (d) of section fective military operations to protect West- described in such subsection’’ each of the 203 of such Act is amended to read as follows: ern security interests. two places it appears and inserting ‘‘coun- ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.— (7) NATO has played a positive role in de- tries designated under subsection (d)’’. ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.— fusing tensions between NATO members and, Within 60 days of the enactment of the NATO (B) Subsection (e) of section 203 of such Act as a result, no military action has occurred Participation Act Amendments of 1995, the is amended— between two NATO member states since the President shall transmit to the Congress an (i) by striking ‘‘subsection (d)’’ and insert- inception of NATO in 1949. evaluation of Poland, Hungary, the Czech ing ‘‘subsection (d)(2)’’; and (8) NATO is also an important diplomatic Republic, and Slovakia as well as Estonia, (ii) by inserting ‘‘(22 U.S.C. 2394)’’ before forum for the discussion of issues of concern Latvia, Lithuania, Slovenia, Bulgaria, Ro- the period at the end. to its member states and for the peaceful mania and Albania in accordance with the (C) Section 204(c) of such Act is amended resolution of disputes. criteria in paragraph (3) and specifically des- by striking ‘‘any other Partnership for Peace (9) America’s security, freedom, and pros- ignate one or more of these countries to be country designated under section 203(d)’’ and perity remain linked to the security of the eligible to receive assistance under the pro- inserting ‘‘any country designated under sec- countries of gram established in subsection (a). The tion 203(d)(2)’’. Europe. President shall provide a report of the coun- (c) TYPES OF ASSISTANCE.—Section 203(c) of (10) Any threat to the security of the newly try-by-country evaluation as well as an eval- such Act is amended— emerging democracies in Europe would pose uation of each designated country’s progress (1) by redesignating paragraphs (1) through a security threat to the United States and toward conformance with criteria for full (4) as subparagraphs (A) through (D), respec- its European allies. NATO membership. tively; and (11) The admission to NATO of European ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING (2) by inserting after subparagraph (D) (as countries that have been freed from Com- FROM COMMUNIST DOMINATION.— redesignated) the following new subpara- munist domination and that meet specific ‘‘(A) In addition to the country or coun- graphs: criteria for NATO membership would con- tries designated pursuant to paragraph (1), ‘‘(E) Assistance under chapter 4 of part II tribute to international peace and enhance the President may designate other European of the Foreign Assistance Act of 1961 (relat- the security of the region. countries emerging from communist domina- ing to the Economic Support Fund). (12) A number of countries have expressed tion. The President may make such a des- ‘‘(F) Funds appropriated under the ‘Non- varying degrees of interest in NATO mem- ignation in the case of any such country only proliferation and Disarmament Fund’ ac- bership, and have taken concrete steps to if the President determines, and reports to count’’. demonstrate this commitment. the designated congressional committees, ‘‘(G) Assistance under chapter 6 of part II (13) Full integration of Central and East that such country meets the criteria speci- of the Foreign Assistance Act of 1961 (relat- European countries into the North Atlantic fied in paragraph (3). ing to peacekeeping operations and other Alliance after such countries meet essential ‘‘(3) CRITERIA.—The criteria referred to in programs).’’. criteria for admission would enhance the se- paragraph (2) are, with respect to each coun- ‘‘(H) Authority for the Department of De- curity of the Alliance and, thereby, contrib- try, that the country— fense to pay excess defense articles costs for ute to the security of the United States. ‘‘(A) has made significant progress toward countries designated for both grant lethal (14) The expansion of NATO can create the establishing— and nonlethal excess defense articles. stable environment needed to successfully ‘‘(i) shared values and interests; ‘‘(I) Authority to convert FMF loans to complete the political and economic trans- ‘‘(ii) democratic governments; grants, and grants to loans, for eligible coun- formation envisioned by European states ‘‘(iii) free market economies; tries.’’. emerging from communist domination. ‘‘(iv) civilian control of the military, of the (3) by inserting ‘‘(1)’’ immediately after (15) In recognition that not all countries police, and of intelligence services; ‘‘TYPE OF ASSISTANCE.—’’; and which have requested membership in NATO ‘‘(v) adherence to the values, principles, (4) by adding at the end the following new will necessarily qualify at the same pace, the and political commitments embodied in the paragraphs: accession date for each new member will Helsinki Final Act of the Organization on ‘‘(2) For fiscal years 1996 and 1997, in pro- vary. Security and Cooperation in Europe; and viding assistance under chapter 5 of part II (16) The provision of NATO transition as- ‘‘(vi) more transparent defense budgets and of the Foreign Assistance Act of 1961 for the sistance should include those countries most is participating in the Partnership For Peace countries designated under subsection (d), ready for closer ties with NATO, and should defense planning process; the President shall include as an important be designed to assist other countries meeting ‘‘(B) has made public commitments— component of such assistance the provision specified criteria of eligibility to move for- ‘‘(i) to further the principles of NATO and of sufficient language training to enable ward toward eventual NATO membership. to contribute to the security of the North military personnel to participate further in (17) The evaluation of future membership Atlantic area; programs for military training and in de- in NATO for countries emerging from com- ‘‘(ii) to accept the obligations, responsibil- fense exchange programs. munist domination should be based on the ities, and costs of NATO membership; and ‘‘(3) Of the amounts made available under progress of those nations in meeting criteria ‘‘(iii) to implement infrastructure develop- chapter 5 of part II of the Foreign Assistance for NATO transition assistance and evolving ment activities that will facilitate participa- Act of 1961 (relating to international mili- NATO criteria, which require enhancement tion in and support for NATO military ac- tary education and training), $5,000,000 for of NATO’s security and the approval of all tivities; fiscal year 1996 and $5,000,000 for fiscal year NATO members. ‘‘(C) is not ineligible for assistance under 1997 should support— SEC. 3. UNITED STATES POLICY. section 563 of Public Law 103–306, with re- ‘‘(A) the attendance of additional military It should be the policy of the United spect to transfers of equipment to a country personnel of Poland, Hungary, the Czech Re- States— the government of which the the Secretary public, and Slovakia at professional military (1) to join with the NATO allies of the of State has determined is a terrorist gov- education institutions in the United States United States to redefine the role of the ernment for purposes of section 40(d) of the in accordance with section 544 of such Act; NATO Alliance in the post-Cold War world; Arms Export Control Act; and and S 11116 CONGRESSIONAL RECORD — SENATE August 1, 1995 ‘‘(B) the placement and support of United Public Law 103–447; 22 U.S.C. 1928 note), as other provision of law available for providing States instructors and experts at military redesignated by section 5(1) of this Act, is assistance for counternarcotics purposes; educational centers within the foreign coun- amended— ‘‘(B) facilitating military-to-military con- tries designated under subsection (d) that (1) by inserting ‘‘annual’’ in the section tact, training (including chapter 5 of part II are receiving assistance under that chap- heading before the first word; of this Act), or humanitarian or civic assist- ter.’’. (2) by inserting ‘‘annual’’ after ‘‘include in ance projects; SEC. 5. ASSISTANCE FOR NATO PARTICIPATION the’’ in the matter preceding paragraph (1); ‘‘(C) peacekeeping and other multilateral ACT DESIGNEES. (3) in paragraph (1), by striking ‘‘Partner- operations (including chapter 6 of part II of The President is authorized to obligate and ship for Peace’’ and inserting ‘‘European’’; this Act, relating to peacekeeping) or any expend $60,000,000 from funds made available and provisions of law available for providing as- under the Foreign Assistance Act of 1961 in (4) by striking paragraph (2) and inserting sistance for peacekeeping purposes, except support of countries designated to receive instead the following new paragraph: that any lethal military equipment provided transition assistance under section 203(a) of ‘‘(2) In the event that the President deter- under this subparagraph shall be provided on the NATO Participation Act, as follows: mines that, despite a period of transition as- a lease or loan basis only and shall be re- (1) Poland: $20,000,000. sistance, a country designated under section turned upon completion of the operation for (2) Czech Republic: $10,000,000. 203(d) has not, as of January 10, 1999, met cri- which it was provided; or (3) Hungary: $5,000,000. teria for NATO membership set forth by the ‘‘(D) antiterrorism assistance (including (4) Slovakia: $5,000,000. North Atlantic Council, the President shall chapter 8 of part II of this Act, relating to (5) Other European countries designated transmit a report to the designated congres- antiterrorism assistance) or any other provi- under subsection (d)(1) or subsection (d)(2): sional committees containing an assessment sion of law available for antiterrorism assist- $20,000,000. of the progress made by that country in ance purposes. SEC. 6. TERMINATION OF ELIGIBILITY. meeting those standards.’’. ‘‘(3) The restrictions of this subsection Section 203(f) of the NATO Participation SEC. 8. DEFINITIONS. shall continue to apply to contracts for the Act of 1994 (title II of Public Law 103–447; 22 The NATO Participation Act of 1994 (title delivery of F–16 aircraft to Pakistan. U.S.C. 1928 note) is amended to read as fol- II of Public Law 103–447; 22 U.S.C. 1928 note), ‘‘(4) Notwithstanding the restrictions con- lows: as amended by this Act, is further amended tained in this subsection, military equip- ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The by adding at the end the following new sec- ment, technology, or defense services, other eligibility of a country designated under sub- tion: than F–16 aircraft, may be transferred to section (d) for the program established in ‘‘SEC. 207. DEFINITIONS. Pakistan pursuant to contracts or cases en- subsection (a) shall terminate 60 days after ‘‘For purposes of this title: tered into before October 1, 1990.’’; and the President makes a certification under ‘‘(1) NATO.—The term ‘NATO’ means the (2) by adding at the end the following new paragraph (2) unless, within the 60-day pe- North Atlantic Treaty Organization. subsections: riod, the Congress enacts a joint resolution TORAGE OSTS ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT- ‘‘(f) S C .—The President may disapproving the termination of eligibility. TEES.—The term ‘designated congressional release the Government of Pakistan of its ‘‘(2) Whenever the President determines committees’ means— contractual obligation to pay the United that the government of a country designated ‘‘(A) the Committee on International Rela- States Government for the storage costs of under subsection (d)— tions, the Committee on National Security, items purchased prior to October 1, 1990, but ‘‘(A) no longer meets the criteria set forth and the Committee on Appropriations of the not delivered by the United States Govern- in subsection (d)(2)(A); House of Representatives; and ment by virtue of the application of sub- ‘‘(B) is hostile to the NATO alliance; or ‘‘(B) the Committee on Foreign Relations, section (e) and may reimburse the Govern- ‘‘(C) poses a national security threat to the the Committee on Armed Services, and the ment of Pakistan for any such amounts paid, United States, Committee on Appropriations of the Senate. on such terms and conditions as the Presi- then the President shall so certify to the ap- ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM dent may prescribe, if such payments would propriate congressional committees. COMMUNIST DOMINATION.—The term ‘Euro- have no impact on the scoring of United ‘‘(3) Nothing in this Act shall affect the eli- pean countries emerging from Communist States budget authority or outlays. gibility of countries to participate under domination’ includes, but is not limited to, ‘‘(g) RETURN OF MILITARY EQUIPMENT.—The other provisions of law in programs de- Albania, Bulgaria, Czech Republic, Estonia, President may return to the Government of scribed in this Act.’’. Hungary, Latvia, Lithuania, Moldova, Po- Pakistan military equipment paid for and (b) CONGRESSIONAL PRIORITY PROCE- land, Romania, Slovakia, Slovenia, and delivered to Pakistan and subsequently DURES.—Section 203 of such Act is amended Ukraine.’’. transferred for repair or upgrade to the Unit- by adding at the end the following new sub- ed States but not returned to Pakistan by section: virtue of the application of subsection (e). ‘‘(g) CONGRESSIONAL PRIORITY PROCE- BROWN AMENDMENT NO. 2040 Such equipment or its equivalent may be re- DURES.— (Ordered to lie on the table.) turned to the Government of Pakistan if the ‘‘(1) APPLICABLE PROCEDURES.—A joint res- President determines and so certifies to the Mr. BROWN submitted an amendment olution described in paragraph (2) which is appropriate congressional committees that introduced in a House of Congress after the intended to be proposed by him to such equipment or equivalent neither con- date on which a certification made under amendment No. 1950 proposed by him stitutes nor has received any significant subsection (f)(2) is received by Congress shall to the bill S. 908, supra; as follows: qualitative upgrade since being transferred be considered in accordance with the proce- At the appropriate place in the bill, add to the United States.’’. dures set forth in paragraphs (3) through (7) the following new section: f of section 8066(c) of the Department of De- SEC. 510. CLARIFICATION OF RESTRICTIONS fense Appropriations Act, 1985 (as contained UNDER SECTION 620E OF THE FOR- HELMS AMENDMENT NO. 2041 in Public Law 98–473 (98 Stat. 1936)), except EIGN ASSISTANCE ACT OF 1961. that— (a) IN GENERAL.—Section 620E of the For- Mr. HELMS proposed an amendment ‘‘(A) references to the ‘resolution described eign Assistance Act of 1961 (22 U.S.C. 2375) is to the bill S. 908, supra; as follows: in paragraph (1)’ shall be deemed to be ref- amended— At the end of the bill, add the following: erences to the joint resolution; and (1) in subsection (e)— SEC. . SENSE OF CONGRESS REGARDING CON- ‘‘(B) references to the Committee on Ap- (A) by striking ‘‘No assistance’’ and insert- SOLIDATION AND REINVENTION OF propriations of the House of Representatives ing ‘‘No military assistance’’; FOREIGN AFFAIRS AGENCIES. and to the Committee on Appropriations of (B) by striking ‘‘in which assistance is to (a) FINDINGS.—The Congress finds that it is the Senate shall be deemed to be references be furnished or military equipment or tech- necessary in order to make the Government to the Committee on International Relations nology’’ and inserting ‘‘in which military as- more efficient and to realize significant of the House of Representatives and the sistance is to be furnished or military equip- budgetary savings for the American tax- Committee on Foreign Relations of the Sen- ment or technology’’; payer— ate. (C) by striking ‘‘the proposed United (1) to consolidate and reinvent foreign af- ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint States assistance’’ and inserting ‘‘the pro- fairs agencies of the United States within resolution under this paragraph is a joint posed United States military assistance’’; the Department of State; resolution the matter after the resolving (D) by inserting ‘‘(1)’’ immediately after (2) to provide for the reorganization of the clause of which is as follows: ‘That the Con- ‘‘(e)’’; and Department of State to maximize efficient gress disapproves the certification submitted (E) by adding at the end the following new use of resources eliminate redundancy in by the President on llllll pursuant to paragraph: functions, and improve the management of section 203(f) of the NATO Participation Act ‘‘(2) The prohibitions in this subsection do the Department of State; of 1994.’.’’. not apply to any assistance or transfer pro- (3) to assist congressional efforts to bal- SEC. 7. REPORTS. vided for the purposes of— ance the Federal budget by the year 2002; (a) ANNUAL REPORT.—Section 206 of the ‘‘(A) international narcotics control (in- (4) to ensure that the international affairs NATO Participation Act of 1994 (title II of cluding chapter 8 of part I of this Act) or any budget function shoulders an appropriate August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11117 share of the reductions in United States Gov- (C) the authority of United States ambas- Government of the Republic of Croatia ernment spending necessary to eliminate the sadors over all United States Government upon— $4,800,000,000,000 budget deficit; and personnel and resources located in United (1) determining the Government of the Re- (5) to strengthen— States diplomatic missions, in order to en- public of Croatia is actively interfering with (A) the coordination of United States for- hance the ability of the ambassadors to de- the transhipment of arms deliveries to the eign policy; ploy those resources to the best effect that Government of Bosnia and Herzegovina, and (B) the leading role of the Secretary of will attain the President’s foreign policy ob- (2) reporting in writing to the President State in the formulation and articulation of jectives; and pro tempore of the Senate and the Speaker United States foreign policy; (D) the United States Foreign Service, as of the House of Representatives that he has (C) the authority of United States ambas- the forward deployed civilian force of the determined the Government of the Republic sadors over all United States Government United States Government, through renewed of Croatia is actively interfering with the personnel and resources located in United emphasis on the original principles which transhipment of arms deliveries to the Gov- States diplomatic missions, in order to en- undergird the distinct Foreign Service per- ernment of Bosnia and Herzegovina, the hance the ability of the ambassadors to de- sonnel system. These include worldwide basis for his determination, and the meas- ploy those resources to the best effect that availability, assignments based on the needs ures the United States has taken to mini- will attain the President’s foreign policy ob- of the service, rank in person, and merit- mize such interference. jectives; and based advancement. (c) DEFINITION.—As used in this section, (D) the United States Foreign Service, as the terms ‘‘United States arms embargo of (b) SENSE OF CONGRESS.—It is the sense of the forward deployed civilian force of the Congress that the President should— the Government of the Republic of Croatia,’’ United States Government, through renewed (1) consolidate and eliminate, such duplica- and ‘‘United States arms embargo of the emphasis on the original principles which tive, overlapping, or superfluous personnel, Government of Bosnia and Herzegovina’’ undergird the distinct Foreign Service per- functions, goals, activities, offices, and pro- mean the application to the Government of sonnel system. These include worldwide grams that the United States Arms Control the Republic of Croatia and the Government availability, assignments based on the needs and Disarmament Agency, the United States of Bosnia and Herzegovina, respectively, of of the service, rank in person, and merit- Information Agency, and the Agency for the policy adopted July 10, 1991, and pub- based advancement. International Development have in common lished in the Federal Register of July 19, 1991 (b) SENSE OF CONGRESS.—It is the sense of (58 FR 33322) under the heading ‘‘Suspension Congress that the President should— with the Department of State in order to re- alize a budgetary savings to the American of Munitions Export Licenses to Yugoslavia. (1) consolidate within the Department of ’’ State, or eliminate, such duplicative, over- taxpayer of at least $3,000,000,000 during fis- lapping, or superfluous personnel, functions, cal years 1996 through 1999; goals, activities, offices, and programs that (2) encourage the United States foreign af- BOND AMENDMENT NO. 2045 the United States Arms Control and Disar- fairs agencies to maintain a high percentage (Ordered to lie on the table.) mament Agency, the United States Informa- of the best qualified, most competent Amer- Mr. BOND submitted an amendment tion Agency, and the Agency for Inter- ican citizens serving in the United States intended to be proposed by him to the Government while downsizing significantly national Development have in common with bill S. 908, supra; as follows: the Department of State in order to realize a the total number of people employed by On page 24 line 3, strike all after the word budgetary savings to the American taxpayer these agencies; and ‘‘The’’ through the word ‘‘Committee’’ on of at least $3,000,000,000 during fiscal years (3) ensure that all functions of diplomacy line 14, and insert in lieu thereof the follow- 1996 through 1999; be subject to recruitment, training, assign- ing: (2) encourage the United States foreign af- ment, promotion and egress based on com- ‘‘Attorney General shall conduct a study fairs agencies to maintain a high percentage mon standards and procedures, with maxi- to develop, in consultation with the Sec- of the best qualified, most competent Amer- mum interchange among the functions. retary of State, the Secretary of Commerce, ican citizens serving in the United States the Secretary of Treasury, the Director of Government while downsizing significantly HATCH (AND OTHERS) Central Intelligence, the Securities and Ex- the total number of people employed by AMENDMENT NO. 2043 change Commission, the United States Trade these agencies; and Representative, the Overseas Private Invest- (3) ensure that all functions of diplomacy (Ordered to lie on the table.) ment Corporation, the Trade and Develop- be subject to recruitment, training, assign- Mr. HATCH (for himself, Mr. MOY- ment Agency, and the Export-Import Bank ment, promotion and egress based on com- NIHAN, Mr. JEFFORDS, Mr. PELL, Mr. of the United States, proposals to end the mon standards and procedures, with maxi- HARKIN, and Mr. CAMPBELL) submitted discrimination against United States exports mum interchange among the functions. an amendment intended to be proposed that result from bribery and corruption in by them to the bill S. 908, supra; as fol- international business transactions. HELMS AMENDMENT NO. 2042 lows: ‘‘(d) REPORT.—The Attorney General, in Mr. HELMS proposed an amendment On page 84, stroke lines 23 and 24. consultation with the agencies and agency to amendment No. 2041 proposed by On page 85, line 1, strike ‘‘(2)’’ and insert heads listed in subsection (c), shall submit a report containing the proposals developed him to the bill S. 908, supra; as follows: ‘‘(1)’’. On page 85, line 3, strike ‘‘(3)’’ and insert under subsection (c) to the Committee on Strike all after the word ‘‘SEC.’’ and insert Banking, Housing and Urban Affairs and the following: ‘‘(2)’’. On page 85, line 4, strike ‘‘(4)’’ and insert the’’. . . SENSE OF CONGRESS REGARDING CONSOLI- ‘‘(3)’’. DATION AND REINVENTION OF FOR- EIGN AFFAIRS AGENCIES. On page 85, line 6, strike ‘‘(5)’’ and insert KASSEBAUM AMENDMENT NO. 2046 ‘‘(4)’’. (a) FINDINGS.—The Congress finds that it is (Ordered to lie on the table.) necessary in order to make the Government Mrs. KASSEBAUM submitted an more efficient and to realize significant HATCH (AND ABRAHAM) amendment intended to be proposed by budgetary savings for the American tax- AMENDMENT NO. 2044 her to the bill S. 908, supra; as follows: payer— (1) to consolidate and reinvent foreign af- (Ordered to lie on the table.) On page 108 strike lines 13 through 25, and fairs agencies of the United States within Mr. HATCH (for himself and Mr. on page 109 strike lines 1 through 3. the Department of State; ABRAHAM) submitted an amendment in- (2) to provide for the reorganization of the tended to be proposed by them to the FEINGOLD (AND SIMPSON) Department of State to maximize efficient bill S. 908, supra; as follows: AMENDMENT NO. 2047 use of resources, eliminate redundancy in functions, and improve the management of On page 124, after line 20, add the follow- (Ordered to lie on the table.) the Department of State; ing: Mr. FEINGOLD (for himself and Mr. (3) to assist congressional efforts to bal- SEC. 618. TERMINATION OF THE UNITED STATES SIMPSON) submitted an amendment in- ance the Federal budget by the year 2002; ARMS EMBARGO APPLICABLE TO tended to be proposed by them to (4) to ensure that the international affairs THE GOVERNMENT OF THE REPUB- amendment No. 1916 submitted by Mr. budget function shoulders an appropriate LIC OF CROATIA. HELMS to the bill S. 908, supra; as fol- share of the reductions in United States Gov- (a) TERMINATION.—Subject to subsection ernment spending necessary to eliminate the (b), the President shall terminate the United lows: $4,800,000,000,000 budget deficit; and States arms embargo of the Government of Strike all and in lieu of the matter in- (5) to strengthen— the Republic of Croatia at such time that the tended to be inserted, insert the following: (A) the coordination of United States for- United States terminates the United States On page 124, after line 20, insert the follow- eign policy; arms embargo of the Government of Bosnia ing: (B) the leading role of the Secretary of and Herzegovina. SEC. . UNITED NATIONS POPULATION FUND. State in the formulation and articulation of (b) RESUMPTION.—The President may re- (a) AVAILABILITY OF FUNDS.—Of the United States foreign policy; sume the United States arms embargo of the amounts made available to carry out part I S 11118 CONGRESSIONAL RECORD — SENATE August 1, 1995 of the Foreign Assistance Act of 1961, of goods and services between Israel and other provision of law available for providing $35,000,000 shall be made available for each of Gaza while increasing security between the assistance for counternarcotics purposes; fiscal years 1996 and 1997 to the United Na- two areas. ‘‘(B) facilitating military-to-military con- tions Population Fund (UNFPA). (c) AUTHORIZATION.—There are authorized tact, training (including chapter 5 of part II (b) PROHIBITION.—None of the funds made to be appropriated $10,000,000 for the rapid of this Act), or humanitarian or civic assist- available under this section may be made development of a prototype industrial park ance projects; available for activities in the People’s Re- in Gaza and/or the West Bank, notwithstand- ‘‘(C) peacekeeping and other multilateral public of China. ing sections 513 and 545 of the FY1995 Foreign operations (including chapter 6 of part II of (c) CONDITION.—Funds made available Operations, Export Financing and Related this Act, relating to peacekeeping) or any under this section to the UNFPA shall be Programs and FY1994 Supplemental Appro- provisions of law available for providing as- provided only on the condition that such priations Act (P.L. 103–306) or similar provi- sistance for peacekeeping purposes, except funds are maintained in a separate account sions. that any lethal military equipment provided and are not commingled with any other under this subparagraph shall be provided on funds. AMENDMENT NO. 2049 a lease or loan basis only and shall be re- turned upon completion of the operation for (d) REPORTS.— In lieu of the matter proposed to be in- (1) Not later than February 1, 1996, and which it was provided; or serted by the amendment, insert the follow- February 1, 1997, the Secretary of State shall ‘‘(D) antiterrorism assistance (including ing: submit to the Committees on Appropriations chapter 8 of part II of this Act, relating to and Foreign Relations of the Senate and the SEC. . REIMBURSEMENT FOR MARGINAL COSTS. antiterrorism assistance) or any other provi- Committees on Appropriations and Inter- (a) For all agricultural commodities trans- sion of law available for antiterrorism assist- national Relations of the House of Rep- ported under sections 901(b) and 901b of the ance purposes. resentatives a report indicating the amount Merchant Marine Act of 1936 as part of any ‘‘(3) The restrictions of this subsection that the UNFPA plans to spend in the Peo- United States Government-administered pro- shall continue to apply to contracts for the ple’s Republic of China during the fiscal year gram of food assistance to foreign countries, delivery of F–16 aircraft to Pakistan. ‘‘(4) Notwithstanding the restrictions con- in which the report is submitted. the United States is authorized to reimburse tained in this subsection, military equip- (2) If the amount indicated in a report sub- carriers above the international market rate ment, technology, or defense services, other mitted under paragraph (1) exceeds $7,000,000, as determined by the Secretary of Agri- than F–16 aircraft, may be transferred to then the amount made available to the culture only to the extent of the differential Pakistan pursuant to contracts or cases en- UNFPA shall be reduced by $7,000,000. cost incurred by U.S. shippers necessary to comply with U.S. health, safety, labor and tered into before October 1, 1990.’’; and other U.S. standards that are not required (2) by adding at the end the following new BROWN AMENDMENTS NOS. 2048– for non-U.S. vessels. subsections: ‘‘(f) STORAGE COSTS.—The President may 2052 (b) REPORT.—The Secretary of Transpor- release the Government of Pakistan of its tation shall submit a report 90 days after the (Ordered to lie on the table.) contractual obligation to pay the United enactment of this Act and annually there- Mr. BROWN submitted five amend- States Government for the storage costs of after to the appropriate committees of Con- items purchased prior to October 1, 1990, but ments intended to be proposed by him gress detailing the U.S. health, safety, labor not delivered by the United States Govern- to amendments submitted by him to and other standards and their differential ment by virtue of the application of sub- the bill S. 908, supra; as follows: cost to U.S. shippers of agricultural com- section (e) and may reimburse the Govern- AMENDMENT NO. 2048 modities under sections 901(b) and 901b of the ment of Pakistan for any such amounts paid, Merchant Marine Act of 1936. In lieu of the matter proposed to be in- on such terms and conditions as the Presi- serted by the amendment, insert the follow- dent may prescribe, if such payments would AMENDMENT NO. 2050 ing: have no impact on the scoring of United SEC. . AUTHORIZATION FOR AN INDUSTRIAL In lieu of the matter to be proposed to be States budget authority or outlays. PARK ON THE BORDER BETWEEN inserted by the amendment, insert the fol- ‘‘(g) RETURN OF MILITARY EQUIPMENT.—The THE TERRITORIES AND ISRAEL. lowing: President may return to the Government of (a) FINDINGS.—The Congress finds that: SEC. . LIMITATION ON CARGO PREFERENCE. Pakistan military equipment paid for and (1) Extremists in Hamas and Islamic Jihad For all agricultural commodities trans- delivered to Pakistan and subsequently who reject the gains made since the signing ported under sections 901(b) and 901b of the transferred for repair or upgrade to the Unit- of the Declaration of Principles have used Merchant Marine Act of 1936 as part of any ed States but not returned to Pakistan by terrorist tactics to force the closing of the United States Government-administered pro- virtue of the application of subsection (e). territories; gram of food assistance to foreign countries, Such equipment or its equivalent may be re- (2) These terrorist acts have exacerbated the United States shall not reimburse car- turned to the Government of Pakistan if the existing problems and Gaza is now experienc- riers more than 25 percent above the inter- President determines and so certifies to the ing staggering unemployment nearing 50%, national market rate, as determined by the appropriate congressional committees that increasing chaos and a downward spiral of Secretary of Agriculture. such equipment or equivalent neither con- dashed hopes and deeping poverty; stitutes nor has received any significant (3) Israel’s legitimate security concerns ne- AMENDMENT NO. 2051 qualitative upgrade since being transferred cessitate creative new methods of ensuring to the United States.’’. continued economic opportunity for the Pal- In lieu of the matter proposed to be in- serted by the amendment, insert the follow- estinians; and AMENDMENT NO. 2052 ing: (4) The development of industrial parks In lieu of the matter proposed to be in- along the border between Gaza, the West SEC. 510. CLARIFICATION OF RESTRICTIONS serted by the amendment, insert the follow- Bank and Israel sponsored by individual na- UNDER SECTION 620E OF THE FOR- EIGN ASSISTANCE ACT OF 1961. ing: tions provides an important means of provid- ll ing both development for Palestinians while (a) IN GENERAL.—Section 620E of the For- TITLE —NATO PARTICIPATION ACT maintaining border security. eign Assistance Act of 1961 (22 U.S.C. 2375) is AMENDMENTS OF 1995 (b) SENSE OF CONGRESS.—It is the sense of amended— SECTION 1. SHORT TITLE. Congress that: (1) in subsection (e)— This title may be cited as the ‘‘NATO Par- (1) The United States should take prompt, (A) by striking ‘‘No assistance’’ and insert- ticipation Act Amendments of 1995’’. visable action before the coming election in ing ‘‘No military assistance’’; SEC. 2. FINDINGS. Gaza and Jericho that promises hope and (B) by striking ‘‘in which assistance is to The Congress makes the following findings: jobs to Palestinians; be furnished or military equipment or tech- (1) Since 1949, the North Atlantic Treaty (2) The rapid development of an industrial nology’’ and inserting ‘‘in which military as- Organization (NATO) has played an essential park, closely coordinated with private sector sistance is to be furnished or military equip- role in guaranteeing the security, freedom, investors, will provide a clear sign of oppor- ment or technology’’; and prosperity of the United States and its tunity resulting from peace with Israel; (C) by striking ‘‘the proposed United partners in the Alliance. (3) The decision to site the industrial park States assistance’’ and inserting ‘‘the pro- (2) NATO has expanded its membership on should give special consideration to the ex- posed United States military assistance’’; three different occasions since 1949. tremely difficult economic conditions in (D) by inserting ‘‘(1)’’ immediately after (3) The sustained commitment of the mem- Gaza; ‘‘(e)’’; and ber countries of NATO to mutual defense of (4) The President should appoint a Special (E) by adding at the end the following new their security ultimately made possible the Coordinator to coordinate the rapid develop- paragraph: democratic transformation in Central and ment of an industrial park in Gaza and to ‘‘(2) The prohibitions in this subsection do Eastern Europe and the demise of the Soviet begin the recruitment of U.S. investors; and not apply to any assistance or transfer pro- Union. (5) The Secretary of State should direct a vided for the purposes of— (4) NATO was designed to be and remains a short-term review and implement of U.S. as- ‘‘(A) international narcotics control (in- defensive military organization whose mem- sistance plans to assist in speeding the flow cluding chapter 8 of part I of this Act) or any bers have never contemplated the use of, or August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11119 used, military force to expand the borders of ticipation Act of 1994 (title II of Public Law any provision of law may be obligated or ex- its member states. 103–447; 22 U.S.C. 1928 note) is amended to pended for activities associated with the (5) While the immediate threat to the secu- read as follows: Partnership for Peace program or the War- rity of the United States and its allies has ‘‘(a) ESTABLISHMENT OF PROGRAM.—The saw Initiative until the President has des- been reduced with the collapse of the Iron President shall provide expanded security as- ignated at least one country to participate Curtain, new security threats, such as the sistance and other related assistance to in the transition program established under situation in Bosnia and Herzegovina, are countries designated under subsection (d) to subsection (a).’’. emerging to the shared interests of the mem- facilitate their transition to full NATO (2) CONFORMING AMENDMENTS.— ber countries of NATO. membership.’’. (A) Subsections (b) and (c) of section 203 of (6) NATO remains the only multilateral se- (b) ELIGIBLE COUNTRIES.— such Act are amended by striking ‘‘countries curity organization capable of conducting ef- (1) ELIGIBILITY.—Subsection (d) of section described in such subsection’’ each of the fective military operations to protect West- 203 of such Act is amended to read as follows: two places it appears and inserting ‘‘coun- ern security interests. ‘‘(d) DESIGNATION OF ELIGIBLE COUNTRIES.— tries designated under subsection (d)’’. (7) NATO has played a positive role in de- ‘‘(1) PRESIDENTIAL REVIEW AND REPORT.— (B) Subsection (e) of section 203 of such Act Within 60 days of the enactment of the NATO fusing tensions between NATO members and, is amended— Participation Act Amendments of 1995, the as a result, no military action has occurred (i) by striking ‘‘subsection (d)’’ and insert- President shall transmit to the Congress an between two NATO member states since the ing ‘‘subsection (d)(2)’’; and evaluation of Poland, Hungary, the Czech inception of NATO in 1949. (ii) by inserting ‘‘(22 U.S.C. 2394)’’ before Republic, and Slovakia as well as Estonia, (8) NATO is also an important diplomatic the period at the end. Latvia, Lithuania, Slovenia, Bulgaria, Ro- forum for the discussion of issues of concern (C) Section 204(c) of such Act is amended mania and Albania in accordance with the to its member states and for the peaceful by striking ‘‘any other Partnership for Peace criteria in paragraph (3) and specifically des- resolution of disputes. country designated under section 203(d)’’ and ignate one or more of these countries to be (9) America’s security, freedom, and pros- inserting ‘‘any country designated under sec- eligible to receive assistance under the pro- perity remain linked to the security of the tion 203(d)(2)’’. countries of gram established in subsection (a). The President shall provide a report of the coun- (c) TYPES OF ASSISTANCE.—Section 203(c) of Europe. such Act is amended— (10) Any threat to the security of the newly try-by-country evaluation as well as an eval- uation of each designated country’s progress (1) by redesignating paragraphs (1) through emerging democracies in Europe would pose (4) as subparagraphs (A) through (D), respec- a security threat to the United States and toward conformance with criteria for full NATO membership. tively; and its European allies. (2) by inserting after subparagraph (D) (as (11) The admission to NATO of European ‘‘(2) OTHER EUROPEAN COUNTRIES EMERGING FROM COMMUNIST DOMINATION.— redesignated) the following new subpara- countries that have been freed from Com- graphs: munist domination and that meet specific ‘‘(A) In addition to the country or coun- tries designated pursuant to paragraph (1), ‘‘(E) Assistance under chapter 4 of part II criteria for NATO membership would con- of the Foreign Assistance Act of 1961 (relat- tribute to international peace and enhance the President may designate other European ing to the Economic Support Fund). the security of the region. countries emerging from communist domina- ‘‘(F) Funds appropriated under the ‘Non- (12) A number of countries have expressed tion. The President may make such a des- proliferation and Disarmament Fund’ ac- varying degrees of interest in NATO mem- ignation in the case of any such country only count’’. bership, and have taken concrete steps to if the President determines, and reports to ‘‘(G) Assistance under chapter 6 of part II demonstrate this commitment. the designated congressional committees, of the Foreign Assistance Act of 1961 (relat- (13) Full integration of Central and East that such country meets the criteria speci- ing to peacekeeping operations and other European countries into the North Atlantic fied in paragraph (3). programs).’’. Alliance after such countries meet essential ‘‘(3) CRITERIA.—The criteria referred to in ‘‘(H) Authority for the Department of De- criteria for admission would enhance the se- paragraph (2) are, with respect to each coun- curity of the Alliance and, thereby, contrib- try, that the country— fense to pay excess defense articles costs for ute to the security of the United States. ‘‘(A) has made significant progress toward countries designated for both grant lethal (14) The expansion of NATO can create the establishing— and nonlethal excess defense articles. stable environment needed to successfully ‘‘(i) shared values and interests; ‘‘(I) Authority to convert FMF loans to complete the political and economic trans- ‘‘(ii) democratic governments; grants, and grants to loans, for eligible coun- formation envisioned by European states ‘‘(iii) free market economies; tries.’’. emerging from communist domination. ‘‘(iv) civilian control of the military, of the (3) by inserting ‘‘(1)’’ immediately after (15) In recognition that not all countries police, and of intelligence services; ‘‘TYPE OF ASSISTANCE.—’’; and which have requested membership in NATO ‘‘(v) adherence to the values, principles, (4) by adding at the end the following new will necessarily qualify at the same pace, the and political commitments embodied in the paragraphs: accession date for each new member will Helsinki Final Act of the Organization on ‘‘(2) For fiscal years 1996 and 1997, in pro- vary. Security and Cooperation in Europe; and viding assistance under chapter 5 of part II (16) The provision of NATO transition as- ‘‘(vi) more transparent defense budgets and of the Foreign Assistance Act of 1961 for the sistance should include those countries most is participating in the Partnership For Peace countries designated under subsection (d), ready for closer ties with NATO, and should defense planning process; the President shall include as an important be designed to assist other countries meeting ‘‘(B) has made public commitments— component of such assistance the provision specified criteria of eligibility to move for- ‘‘(i) to further the principles of NATO and of sufficient language training to enable ward toward eventual NATO membership. to contribute to the security of the North military personnel to participate further in (17) The evaluation of future membership Atlantic area; programs for military training and in de- in NATO for countries emerging from com- ‘‘(ii) to accept the obligations, responsibil- fense exchange programs. munist domination should be based on the ities, and costs of NATO membership; and ‘‘(3) Of the amounts made available under progress of those nations in meeting criteria ‘‘(iii) to implement infrastructure develop- chapter 5 of part II of the Foreign Assistance for NATO transition assistance and evolving ment activities that will facilitate participa- Act of 1961 (relating to international mili- NATO criteria, which require enhancement tion in and support for NATO military ac- tary education and training), $5,000,000 for of NATO’s security and the approval of all tivities; fiscal year 1996 and $5,000,000 for fiscal year NATO members. ‘‘(C) is not ineligible for assistance under 1997 should support— SEC. 3. UNITED STATES POLICY. section 563 of Public Law 103–306, with re- ‘‘(A) the attendance of additional military It should be the policy of the United spect to transfers of equipment to a country personnel of Poland, Hungary, the Czech Re- States— the government of which the the Secretary public, and Slovakia at professional military (1) to join with the NATO allies of the of State has determined is a terrorist gov- education institutions in the United States United States to redefine the role of the ernment for purposes of section 40(d) of the in accordance with section 544 of such Act; NATO Alliance in the post-Cold War world; Arms Export Control Act; and and (2) to actively assist European countries ‘‘(D) is likely, within five years of the de- ‘‘(B) the placement and support of United emerging from communist domination in termination of the President under para- States instructors and experts at military their transition so that such countries may graph (1) or (2), to be in a position to further educational centers within the foreign coun- eventually qualify for NATO membership; the principles of the North Atlantic Treaty tries designated under subsection (d) that and and to contribute to its own security and are receiving assistance under that chap- (3) to work to define the political and secu- that of the North Atlantic area. ter.’’. rity relationship between an enlarged NATO ‘‘(4) PROHIBITION ON FUNDING FOR PARTNER- SEC. 5. ASSISTANCE FOR NATO PARTICIPATION and the Russian Federation. SHIP FOR PEACE ACTIVITIES OR ON FUNDING FOR ACT DESIGNEES. SEC. 4. REVISIONS TO PROGRAM TO FACILITATE THE WARSAW INITIATIVE.—Effective 60 days The President is authorized to obligate and TRANSITION TO NATO MEMBERSHIP. after the date of enactment of the NATO expend $60,000,000 from funds made available (a) ESTABLISHMENT OF PROGRAM.—Sub- Participation Act Amendments of 1995, no under the Foreign Assistance Act of 1961 in section (a) of section 203 of the NATO Par- funds authorized to be appropriated under support of countries designated to receive S 11120 CONGRESSIONAL RECORD — SENATE August 1, 1995 transition assistance under section 203(a) of ‘‘(2) In the event that the President deter- heading ENERGY SUPPLY, RESEARCH the NATO Participation Act, as follows: mines that, despite a period of transition as- AND DEVELOPMENT ACTIVITIES— (1) Poland: $20,000,000. sistance, a country designated under section ‘‘(1) not less than $4,500,000 shall be avail- (2) Czech Republic: $10,000,000. 203(d) has not, as of January 10, 1999, met cri- able for solar building technology research; (3) Hungary: $5,000,000. teria for NATO membership set forth by the ‘‘(2) not less than $78,929,000 shall be avail- (4) Slovakia: $5,000,000. North Atlantic Council, the President shall able for photovoltaic energy systems; (5) Other European countries designated transmit a report to the designated congres- ‘‘(3) not less than $28,443,000 shall be avail- under subsection (d)(1) or subsection (d)(2): sional committees containing an assessment able for solar thermal energy systems; $20,000,000. of the progress made by that country in ‘‘(4) not less than $55,300,000 shall be avail- SEC. 6. TERMINATION OF ELIGIBILITY. meeting those standards.’’. able for biofuels of which no less than half Section 203(f) of the NATO Participation SEC. 8. DEFINITIONS. shall go toward the BIOMASS ELECTRIC Act of 1994 (title II of Public Law 103–447; 22 The NATO Participation Act of 1994 (title PROGRAM; U.S.C. 1928 note) is amended to read as fol- II of Public Law 103–447; 22 U.S.C. 1928 note), ‘‘(5) not less than $42,000,000 shall be avail- lows: as amended by this Act, is further amended able for wind energy systems; ‘‘(f) TERMINATION OF ELIGIBILITY.—(1) The by adding at the end the following new sec- ‘‘(6) not less than $8,000,000 shall be avail- eligibility of a country designated under sub- tion: able for international solar energy programs; ‘‘(7) not less than $9,000,000 shall be avail- section (d) for the program established in ‘‘SEC. 207. DEFINITIONS. able for hydrogen research;’’. subsection (a) shall terminate 60 days after ‘‘For purposes of this title: the President makes a certification under ‘‘(1) NATO.—The term ‘NATO’ means the paragraph (2) unless, within the 60-day pe- North Atlantic Treaty Organization. BUMPERS (AND OTHERS) riod, the Congress enacts a joint resolution ‘‘(2) DESIGNATED CONGRESSIONAL COMMIT- AMENDMENT NO. 2055 disapproving the termination of eligibility. TEES.—The term ‘designated congressional ‘‘(2) Whenever the President determines committees’ means— Mr. BUMPERS (for himself, Mr. that the government of a country designated ‘‘(A) the Committee on International Rela- INHOFE, Mr. KERRY, Mr. FEINGOLD, and under subsection (d)— tions, the Committee on National Security, Mr. BRADLEY) proposed an amendment ‘‘(A) no longer meets the criteria set forth and the Committee on Appropriations of the to the bill H.R. 1905, supra; as follows: in subsection (d)(2)(A); House of Representatives; and Strike lines 22–23 on page 20 and insert in ‘‘(B) is hostile to the NATO alliance; or ‘‘(B) the Committee on Foreign Relations, lieu thereof the following: ‘‘$2,793,324,000 to ‘‘(C) poses a national security threat to the the Committee on Armed Services, and the remain available until expended. Provided United States, Committee on Appropriations of the Senate. that, no more than $7,500,000 of such funds then the President shall so certify to the ap- ‘‘(3) EUROPEAN COUNTRIES EMERGING FROM shall be used for the termination of the Gas propriate congressional committees. COMMUNIST DOMINATION.—The term ‘Euro- Turbine-Modular Helium Reactor program.’’ ‘‘(3) Nothing in this Act shall affect the eli- pean countries emerging from Communist gibility of countries to participate under domination’ includes, but is not limited to, other provisions of law in programs de- Albania, Bulgaria, Czech Republic, Estonia, ABRAHAM (AND OTHERS) scribed in this Act.’’. Hungary, Latvia, Lithuania, Moldova, Po- AMENDMENT NO. 2056 (b) CONGRESSIONAL PRIORITY PROCE- land, Romania, Slovakia, Slovenia, and Mr. ABRAHAM (for himself, Mr. DURES.—Section 203 of such Act is amended Ukraine.’’. GRAMS, Mr. KYL, and Mr. ASHCROFT) by adding at the end the following new sub- f section: proposed an amendment On page 41, between lines 12 and 13, insert ‘‘(g) CONGRESSIONAL PRIORITY PROCE- THE ENERGY AND WATER DEVEL- the following: DURES.— OPMENT APPROPRIATIONS ACT, SEC. 510. MAGNETIC FUSION ENERGY ENGINEER- ‘‘(1) APPLICABLE PROCEDURES.—A joint res- 1996 olution described in paragraph (2) which is ING. introduced in a House of Congress after the Section 7 of the Magnetic Fusion Energy date on which a certification made under Engineering Act (42 U.S.C. 9396) is repealed. subsection (f)(2) is received by Congress shall REID AMENDMENT NO. 2053 SEC. 511. REPEAL OF REPORT ON VERIFICATION be considered in accordance with the proce- Mr. DOMENICI (for Mr. REID) pro- TECHNIQUES FOR PRODUCTION OF dures set forth in paragraphs (3) through (7) PLUTONIUM AND HIGHLY ENRICHED posed an amendment to the bill (H.R. URANIUM. of section 8066(c) of the Department of De- 1905) making appropriations for energy Section 3131 of the National Defense Au- fense Appropriations Act, 1985 (as contained and water development for the fiscal thorization Act for Fiscal Year 1991 (Public in Public Law 98–473 (98 Stat. 1936)), except year ending September 30, 1996, and for Law 101–510; 104 Stat. 1839) is amended by that— striking out subsection (c). ‘‘(A) references to the ‘resolution described other purposes; as follows: in paragraph (1)’ shall be deemed to be ref- On page 24, line 7, strike ‘‘135(a)(2), 135(d), erences to the joint resolution; and 135(e). 141(g), 145’’ and insert ‘‘135(d), 135(e),’’. DORGAN (AND OTHERS) ‘‘(B) references to the Committee on Ap- AMENDMENT NO. 2057 propriations of the House of Representatives JEFFORDS (AND OTHERS) Mr. DORGAN (for himself, Mr. KOHL, and to the Committee on Appropriations of AMENDMENT NO. 2054 the Senate shall be deemed to be references Mr. FORD, Mr. ROBB, Mr. BREAUX, Mr. to the Committee on International Relations Mr. JEFFORDS (for himself, Mr. HARKIN, Mr. BRADLEY, and Mr. of the House of Representatives and the ROTH, Mr. GRAMS, Mr. WELLSTONE, Mr. WELLSTONE) proposed an amendment to Committee on Foreign Relations of the Sen- HARKIN, and Mr. LEHY) proposed an the bill H.R. 1905, supra; as follows: ate. amendment to the bill H.R. 1905, supra; At the appropriate place in the bill, insert ‘‘(2) TEXT OF JOINT RESOLUTION.—A joint as follows: the following: resolution under this paragraph is a joint On page 20, line 23 insert the following: SEC. . SENSE OF THE SENATE ON THE CON- resolution the matter after the resolving FERENCE ON S. 4, THE LINE ITEM clause of which is as follows: ‘That the Con- SEC. . FUNDING FOR ENERGY SUPPLY, RE- SEARCH AND DEVELOPMENT AC- VETO ACT. gress disapproves the certification submitted TIVITIES RELATING TO RENEWABLE (a) FINDINGS.—The Senate finds that— by the President on llllll pursuant to ENERGY SOURCES. (1) the line item veto was a major plank in section 203(f) of the NATO Participation Act ‘‘(a) REDUCTION IN APPROPRIATION FOR DE- the House majority’s ‘‘Contract with Amer- of 1994.’.’’. PARTMENTAL ADMINISTRATION.—Notwith- ica’’ and has received strong bipartisan sup- SEC. 7. REPORTS. standing any other provision of this Act, the port in the 104th Congress; (a) ANNUAL REPORT.—Section 206 of the amount appropriated in title III of this Act (2) the House of Representatives on Feb- NATO Participation Act of 1994 (title II of under the heading DEPARTMENTAL AD- ruary 6, 1995, passed H.R. 2, the Line Item Public Law 103–447; 22 U.S.C. 1928 note), as MINISTRATION is hereby reduced by Veto Act, on a vote of 294–134; redesignated by section 5(1) of this Act, is $37,000,000. (3) the Senate on March 23, 1995, passed S. amended— ‘‘(b) INCREASE IN APPROPRIATION FOR EN- 4, the Separate Enrollment and Line Item (1) by inserting ‘‘annual’’ in the section ERGY SUPPLY, RESEARCH AND DEVELOPMENT Veto Act of 1995, on a vote of 69–29; heading before the first word; ACTIVITIES.—Notwithstanding any other pro- (4) the House passed S. 4, with the text of (2) by inserting ‘‘annual’’ after ‘‘include in vision of this Act, the amount appropriated H.R. 2 inserted, by voice vote on May 17, 1995, the’’ in the matter preceding paragraph (1); in title III of this act under the heading EN- 50 days after passage by the Senate; (3) in paragraph (1), by striking ‘‘Partner- ERGY SUPPLY, RESEARCH AND DEVEL- (5) notwithstanding the failure of the ship for Peace’’ and inserting ‘‘European’’; OPMENT ACTIVITIES is hereby increased House to request a conference, the Senate and by $37,000,000. disagreed with the House amendments, re- (4) by striking paragraph (2) and inserting ‘‘(c) AVAILABILITY OF FUNDS.—Of the funds quested a conference and appointed conferees instead the following new paragraph: appropriated in title III of this Act under the on S. 4 on June 20, 1995; August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11121 (6) the papers for S. 4 have been held at the LAUTENBERG (AND BRADLEY) BOXER (AND BAUCUS) desk of the Speaker of the House for 42 days, AMENDMENT NO. 2060 AMENDMENT NO. 2065 and the Speaker of the House has not yet moved to appoint conferees; Mr. JOHNSTON (for Mr. LAUTEN- Mr. JOHNSTON (for Mrs. BOXER, for (7) with the passage of time it increasingly BERG, for himself and Mr. BRADLEY) herself and Mr. BAUCUS) proposed an appears that the Congress may pass and send proposed an amendment to the bill amendment to the bill H.R. 1905, supra; to the President not only the appropriations H.R. 1905, supra; as follows: as follows: bills for fiscal year 1996 but also the rec- On page 20, lines 22 and 23, after ‘‘ex- On page 9, line 24, insert ‘‘(including the onciliation bill required by H.Con.Res. 67 pended’’ insert ‘‘, of which amount within Committee on Environment and Public (the concurrent resolution setting forth the available funds $56,000,000 may be available Works of the Senate and the Committee on congressional budget for fiscal years 1996, to continue operation of the Tokamak Fu- Transportation and Infrastructure of the 1997, 1998, 1999, 2000, 2001, and 2002) without sion Test Reactor (for which purpose, the House of Representatives)’’ after ‘‘Congress’’. first passing and sending to the President a Secretary may use savings from reducing line item veto bill; and general administrative expenses in accord- (8) the House majority leadership has pub- ance with the Department of Energy’s stra- HUTCHISON AMENDMENT NO. 2066 licly cast doubt on the prospects for a con- tegic alignment and downsizing effort, but Mr. DOMENICI (for Mrs. HUTCHISON) ference on S. 4 this year. none of the savings used for this purpose proposed an amendment to the bill (b) SENSE OF THE SENATE.—It is the sense shall come from programmatic accounts H.R. 1905, Supra; as follows: of the Senate that— within this title)’’. On page 13 insert the following new section (1) the Speaker of the House should move after line 23: to appoint conferees on S. 4 immediately, so DASCHLE AMENDMENT NO. 2061 SEC.—.‘‘(a) The Secretary of the Army is that the House and Senate may resolve their authorized to accept from a non-Federal differences on this important legislation; Mr. JOHNSTON (for Mr. DASCHLE) proposed an amendment to the bill sponsor an amount of additional lands not to H.R. 1905, supra; as follows: exceed 300 acres which are contiguous to the GRAMS (AND OTHERS) Cooper Lake and Channels Project, Texas, On page 15, line 17, add: ‘‘provided further, authorized by the River and Harbor Act of AMENDMENT NO. 2058 within available funds, $300,000 is for the 1965 and the Water Resources Development completion of the feasibility study of alter- Mr. GRAMS (for himself, Mr. Act of 1986, and which provide habitat value natives for meeting the drinking water needs at least equal to that provided by the lands MCCAIN, and Mr. FEINGOLD) proposed on the Cheyenne River Sioux Reservation an amendment to the bill H.R. 1905, authorized to be redesignated in subsection and surrounding communities.’’ (b). supra; as follows: ‘‘(b) Upon the completion of subsection (a), On page 32, line 13, strike ‘‘$182,000,000’’ and BAUCUS AMENDMENT NO. 2062 the Secretary is further authorized to redes- insert ‘‘$142,000,000.’’ ignate an amount of mitigation land not to Mr. JOHNSTON (for Mr. BAUCUS) pro- exceed 300 acres to recreation purposes. posed an amendment to the bill H.R. ‘‘(c) The cost of all work to be undertaken BINGAMAN AMENDMENT NO. 2059 1905, supra; as follows: pursuant to this section, including but not On page 20, lines 22 and 23, after ‘‘ex- limited to real estate appraisals, cultural Mr. JOHNSTON (for Mr. BINGAMAN) pended’’ insert ‘‘Provided further, That within proposed an amendment to the bill and environmental surveys, and all develop- the amount for Indian Energy Resource ment necessary to avoid net mitigation H.R. 1905, supra; as follows: projects, $2,000,000 may be made available losses, to the extent such actions are re- At the appropriate place, insert the follow- fund the Crow energy resources programs quired, shall be borne by the donating spon- ing: under title XXVI of the Energy Policy Act of sor. 1992 (25 U.S.C. 3501 et seq.)’’. SEC. . ENERGY SAVINGS AT FEDERAL FACILI- TIES. GRAMS (AND WELLSTONE) (a) REDUCTION IN FACILITIES ENERGY BYRD AMENDMENT NO. 2063 AMENDMENT NO. 2067 COSTS.—The head of each agency for which Mr. JOHNSTON (for Mr. BYRD) pro- Mr. DOMENICI (for Mr. GRAMS, for funds are made available under this Act shall posed an amendment to the bill H.R. take all actions necessary to achieve during himself and Mr. WELLSTONE) proposed fiscal year 1996 a 5 percent reduction, from 1905, supra; as follows: an amendment to the bill H.R. 1905, fiscal year 1995 levels, in energy costs of the At the appropriate place in the bill (sug- supra; as follows: gest page 12, after line 16) insert the follow- facilities used by the agency. On page 6, after line 11, add: ‘‘; For Mar- ing: (b) USE OF COST SAVINGS.—An amount shall, Minnesota, $850,000;’’. equal to the amount of cost savings realized SEC. . The project for flood control for Pe- by an agency under subsection (a) shall re- tersburg, West Virginia, authorized by sec- main available for obligation through the tion 101(a)(26) of the Water Resources Devel- WARNER AMENDMENT NO. 2068 opment Act of 1990 (P.L. 101–640, 104 Stat. end of fiscal year 1997, without further au- Mr. DOMENICI (for Mr. WARNER) pro- thorization or appropriation, as follows: 4611) is modified to authorize the Secretary of the Army to construct the project at a posed an amendment to the bill H.R. (1) CONSERVATION MEASURES.—Fifty per- total cost not to exceed $26,600,000, with an 1905, supra; as follows: cent of the amount shall remain available estimated first Federal cost of $19,195,000 and for the implementation of additional energy On page 6, between line 11 and line 12 insert an estimated first non-Federal cost of conservation measures and for water con- the following: ‘‘Virginia Beach Erosion Con- $7,405,000. servation measures at such facilities used by trol and Hurricane Protection, Virginia, the agency as are designated by the head of $1,100,000;’’. the agency. FEINGOLD AMENDMENT NO. 2064 (2) OTHER PURPOSES.—Fifty percent of the Mr. JOHNSTON (for Mr. FEINGOLD) pro- BROWN AMENDMENTS NOS. 2069– amount shall remain available for use by the posed an amendment to the bill H.R. 2070 agency for such purposes as are designated 1905, supra; as follows: by the head of the agency, consistent with Mr. DOMENICI (for Mr. BROWN) pro- applicable law. On page 38, lines 1 and 2, after ‘‘$110,339,000, posed two amendments to the bill H.R. to remain available until expended’’ insert (c) REPORT.— 1905, supra; as follows: ‘‘Of the funds appropriated under this head- (1) IN GENERAL.—Not later than December AMENDMENT NO. 2069 ing, not more than $25,000,000 may be ex- 31, 1996, the head of each agency described in pended for the Tennessee Valley Authority On page 33, strike line 5 and insert the fol- subsection (a) shall submit a report to Con- Environmental Research Center in Muscle lowing: Commission, as authorized by law (75 gress specifying the results of the actions Shoals, Alabama, in the event that the Cen- Stat. 716), $440,000, Provided: that the U.S. taken under subsection (a) and providing any ter expends less than $25 million, such Commissioner (Alternate Federal Member) recommendations as to how to further re- amount not expended shall be returned to shall not be compensated at a level higher duce energy costs and energy consumption in the U.S. Treasury and the Tennessee Valley than General Schedule level 15. the future. Authority appropriation reduced accordingly (2) CONTENTS.—Each report shall— and the Tennessee Valley Authority shall AMENDMENT NO. 2070 (A) specify the total energy costs of the fa- take steps to obtain funding from other On page 37, strike line 14 and insert the fol- cilities used by the agency; sources so as to reduce appropriated funding lowing: $280,000, Provided: that the U.S. Com- (B) identify the reductions achieved; and in the future and, not later than January 1, missioner (Alternate Federal Member) shall (C) specify the actions that resulted in the 1996, submit to Congress a preliminary plan not be compensated at a level higher than reductions. securing funding from other sources. General Schedule level 15. S 11122 CONGRESSIONAL RECORD — SENATE August 1, 1995 CRAIG (AND KEMPTHORNE) take such actions as are necessary to obtain tee on Commerce, Science, and Trans- AMENDMENT NO. 2071 and maintain an elevation of 977 feet above portation be allowed to meet during sea level in Lake Traverse, South Dakota Mr. DOMENICI (for Mr. CRAIG, for the Tuesday, August 1, 1995 session of and Minnesota. the Senate for the purpose of conduct- himself and Mr. KEMPTHORNE) proposed (b) LIMITATION.—No action taken under an amendment to the bill H.R. 1905, subsection (a) shall result in flooding at Mud ing a hearing on the future of the De- supra; as follows: Lake, South Dakota and Minnesota. partment of Commerce. Page 26, line 16, insert the following before The PRESIDING OFFICER. Without the period: ‘‘: Provided, that within available WELLSTONE AMENDMENT NO. 2076 objection, it is so ordered. funds, $4,952,000 is provided for electrical and Mr. WELLSTONE proposed an COMMITTEE ON FOREIGN RELATIONS utility systems upgrade, Idaho Chemical amendment to the bill H.R. 1905, supra; Mr. HELMS. Mr. President, I ask Processing Plant, Idaho National Engineer- unanimous consent that the Commit- ing Laboratory, project number 96–D–463’’. as follows: At the appropriate place in title V, insert tee of Foreign Relations be authorized the following: to meet during the session of the Sen- PRESSLER (AND DASCHLE) SEC. . WATER LEVELS IN RAINY LAKE AND ate on Tuesday, August 1, 1995, at 9:00 AMENDMENT NO. 2072 NAMAKAN LAKE. a.m. Mr. DOMENCI (for Mr. PRESSLER, for (a) FINDINGS.—Congress finds that— The PRESIDING OFFICER. Without (1) the Rainy Lake and Namakan Reservoir himself and Mr. DASCHLE) proposed an Water Level International Steering Commit- objection, it is so ordered. amendment to the bill H.R. 1905, supra; tee conducted a 2-year analysis in which pub- COMMITTEE ON FOREIGN RELATIONS as follows: lic comments on the water levels in Rainy Mr. HELMS. Mr. President, I ask At the appropriate place in title I, insert Lake and Namakan Lake revealed signifi- unanimous consent that the Commit- the following: cant problems with the current regulation of tee on Foreign Relations be authorized SEC. 1 . WATER LEVEL IN LAKE TRAVERSE, water levels and resulted in Steering Com- SOUTH DAKOTA AND MINNESOTA. mittee recommendations in November 1993; to meet during the session of the Sen- (a) IN GENERAL.—Subject to subsection (b), and ate of the Senate on Tuesday, August 1, notwithstanding any other law, the Sec- (2) maintaining water levels closer to those 1995, at 11 a.m. retary of the Army, acting through the Chief recommended by the Steering Committee The PRESIDING OFFICER. Without of Engineers of the Army Corps of Engineers will help ensure the enhancement of water objection, it is so ordered. and using funds made available under this quality, fish and wildlife, and recreational SUBCOMMITTEE ON CLEAN AIR, WETLANDS, Act, shall, to the greatest extent practicable, resources in Rainy Lake and Namakan Lake. PRIVATE PROPERTY AND NUCLEAR SAFETY take such actions as are necessary to obtain (b) DEFINITIONS.—In this section:— and maintain an elevation of 977 feet above (1) EXISTING RULE CURVE.—The term ‘‘exist- Mr. HELMS. Mr. President, I ask sea level in Lake Traverse, South Dakota ing rule curve’’ means each of the rule unanimous consent that the Sub- and Minnesota. curves promulgated by the International committee on Clean Air, Wetlands, Pri- Joint Commission to regulate water levels in (b) LIMITATION.—No action taken under Rainy Lake and Namakan Lake in effect as vate Property and Nuclear Safety be subsection (a) shall result in flooding at Mud granted permission to conduct an over- Lake, South Dakota and Minnesota. of the date of enactment of this Act. (2) PROPOSED RULE CURVE.—The term ‘‘pro- sight hearing Tuesday, August 1, at 2:00 posed rule curve’’ means each of the rule p.m. on title V of the Clean Air Act. DOLE (AND KASSEBAUM) curves recommended by the Rainy Lake and The PRESIDING OFFICER. Without AMENDMENT NO. 2073 Namakan Reservoir International Steering objection, it is so ordered. Committee for regulation of water levels in Mr. DOMENICI (for Mr. DOLE, for Rainy Lake and Namakan Lake in the publi- SUBCOMMITTEE ON THE CONSTITUTION, himself and Mrs. KASSEBAUM) proposed cation entitled ‘‘Final Report and Rec- FEDERALISM AND PROPERTY RIGHTS an amendment to the bill H.R. 1905, ommendations’’ published in November 1993. Mr. HELMS. Mr. President, I ask supra; as follows: (c) WATER LEVELS.—The dams at Inter- unanimous consent that the Sub- On page 5 insert the following between national Falls and Kettle Falls, Minnesota, committee on the Constitution, Fed- lines 16 and 17: ‘‘Arkansas City flood control in Rainy Lake and Namakan Lake, respec- eralism and Property Rights of the project, Kansas, $700,000, except that for the tively, shall be operated so as to maintain water levels as follows: Committee on the Judiciary, be au- purposes of the project, section 902 of Public thorized to meet during the session of Law 99–662 is waived;’’. (1) COINCIDENT RULE CURVES.—In each in- stance in which as existing rule curve coin- the Senate on Tuesday, August 1, 1995 cides with a proposed rule curve, the water at 9:00 a.m., to hold a hearing on H.R. HATFIELD AMENDMENT NO. 2074 level shall be maintained within the range of 660, Older Americans Act. such coincidence. Mr. DOMENICI (for Mr. HATFIELD) The PRESIDING OFFICER. Without (2) NONCOINCIDENT RULE CURVES.—In each proposed an amendment to the bill instance in which an existing rule curve does objection, it is so ordered. H.R. 1905, supra; as follows: not coincide with a proposed rule curve, the SUBCOMMITTEE ON IMMIGRATION On page 13, insert the following after line water level shall be maintained at the limit Mr. HELMS. Mr. President, I ask 23: of the existing rule curve that is closest to unanimous consent that the Sub- SEC. . Using funds appropriated herein the the proposed rule curve. committee on Immigration, of the Secretary of the Army, acting through the (d) ENFORCEMENT.— Chief of Engineers, is authorized to under- (1) IN GENERAL.—The Federal Energy Regu- Committee on the Judiciary, be au- take the Coos Bay, Oregon project in accord- latory Commission shall enforce this section thorized to meet during the session of ance with the Report of the Chief of Engi- as though the provisions were included in the Senate on Tuesday, August 1, 1995 neers, dated June 30, 1994, at a total cost of the license issued by the Commission on De- at 11:00 a.m., to hold a hearing on an- $14,541,000, with an estimated Federal cost of cember 31, 1987, for Commission Project No. nual refugee consultation. $10,777,000 and an estimated non-Federal cost 5223–001. The PRESIDING OFFICER. Without of $3,764,000. (2) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to require the objection, it is so ordered. Commission to alter the license for Commis- SUBCOMMITTEE ON INTERNATIONAL TRADE PRESSLER AMENDMENT NO. 2075 sion Project No. 5223–001 in any way. Mr. HELMS. Mr. President, I ask (e) SUNSET.—This section shall remain in Mr. DOMENICI (for Mr. PRESSLER) unanimous consent that the Sub- proposed an amendment to the bill effect until the International Joint Commis- sion review of and decision on the Steering committee on International Trade of H.R. 1905, supra; as follows: Committee’s recommendations are com- the Committee on Finance be per- At the appropriate place in title I, insert pleted. mitted to meet Tuesday, August 1, 1995, the following: f beginning at 10:00 a.m. in room SD–215, SEC. . WATER LEVEL IN LAKE TRAVERSE, to conduct a hearing on Cambodia and SOUTH DAKOTA AND MINNESOTA. AUTHORITY FOR COMMITTEES TO Bulgaria most-favored-nation status, (a) IN GENERAL.—Subject to subsection (b), MEET the renewal of the Generalized System notwithstanding any other law, the Sec- retary of the Army, acting through the Chief COMMITTEE ON COMMERCE, SCIENCE, AND of Preferences Program, and Trade of Engineers of the Army Corps of Engineers TRANSPORTATION Agency Budgets for fiscal year 1996. and using funds made available under this Mr. HELMS. Mr. President, I ask The PRESIDING OFFICER. Without Act, shall, to the greatest extent practicable, unanimous consent that the Commit- objection, it is so ordered. August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11123 ADDITIONAL STATEMENTS Then we came home to start once more Daniel Anziska, Matthew Cross, Hoping there’d not be another war. Cheryl Glickler, Stacey Goldberg, Jes- We went to college or learned a skill sica Lappin, Michael McGinn, Jim WHO ARE THE VETERANS OF Thinking never again we’d have to kill. Papa, Daniel Preister, Elizabeth Ross, WORLD WAR II? We married, had children and that was nice Jeffrey Rotenberg, Jessica Ruthizer, But like everything else we had paid a Peter Sims, Rina Schiff, and Zachery ∑ Mr. COATS. Mr. President, I rise price. today to present a poem, ‘‘Who Are the Stillerman.∑ We struggled as we tried to build a career Veterans of World War II,’’ that Dr. And many a night shed a silent tear. f Jack Gren, a Fort Wayne, IN, native, Some attitudes changed it was hard to un- GOOD OL’ BOYS’ ROUNDUP has written to pay tribute to the veter- derstand ans of World War II. It reflects his ex- Why certain people didn’t appreciate this ∑ Mr. ABRAHAM. Mr. President, I periences during possibly the most his- land. would like to take a few moments to toric war of this century. When other wars started and some people comment on the so-called Good ol’ As a young man, Dr. Gren volun- fled Boys’ Roundup that was recently the teered for the Air Force and flew the We remembered the ones who fought and subject of a Senate Judiciary Commit- Hump in the China-Burma-India thea- bled. tee hearing. During that hearing, I and ter of operations. He has since been in- Then along came those who defiled our flag other committee members heard testi- volved with several speaking engage- They spit on it burned it and called it a mony about reprehensible acts of rac- ments and seminars detailing his life rag. ism that took place at the roundup. experiences. They called it ‘‘free expression,’’ That it was In my view, incidents like the round- Mr. President, I ask that the poem be their right up paint all law enforcement officials— Something given to them without struggle printed in the RECORD. or fight. not just the ATF and the FBI—with The poem follows: the coarse brush of racism and dis- They insulted the veterans who came home WHO ARE THE VETERANS OF WORLD WAR TWO? lame crimination. I do remain confident that Who are the veterans of World War Two? For their outrageous actions they ought to the attitudes and biases displayed at People proud of the red, white and blue. feel shame. the roundup are not, in fact, represent- When the war broke out we got right in And some people still try to get a free ride ative of the views of law enforcement Knowing somehow we’d eventually win. It’s through self achievement that we earn officials generally. But incidents like The average age was twenty-six our pride. the roundup cannot help but erode citi- But there certainly was a full range mix. Now our children are grown and out on there zens’ confidence in what the 14th Some were the old guys at thirty-five own amendment calls the equal protection Fighting to keep our country alive. And once again we’re alone. of the laws. A few of us were kids, still in our teens If we’re lucky we still have a loving wife When citizens have occasion to won- Sincere and eager and full of dreams. It’s really been an interesting life. der whether the law is being enforced Joined the Air Force, Army, Marines and We’ve seen the world change and its hard to evenhandedly, they sometimes cannot Navy too explain help but look with suspicion upon the There was an important job we had to do. Why there are wars, turmoil and pain. actions of the officers involved in a We took all the training and it was rough When will people heed the message from particular case. As a result, trials in But that’s what taught us how to be tough. above criminal cases often focus more on the Yes, we were tough when we had to be And learn to live in peace and love. actions of the police than on those of But only out of necessity. Yes, World War II was long ago the defendant. Adhering to the maxi- The rest of the time we were gentle and kind Will the veterans forget it, the answer is mum that the best defense is a good of- no. Just winning the war was first in our mind. fense, defense attorneys in criminal We fought all over the world day by day For some old guys in the war, their journey cases, in effect, put the police on trial, And every night found time to pray. is done They lived a good life and the battles were just as the prosecutor puts the defend- We fought in Europe with all our might won. ant on trial. The upshot, then, is that We knew that we had to make things right. We who were kids, then still in our teens racist events like the roundup erode The battles were fierce in the Africa cam- Are now in our sixties and accomplished the effectiveness not only of the agen- paign our dreams. cies whose officers were involved, but And even there we did sustain. We attend military reunions, reminisce with also of police departments across the We fought throughout the Pacific Islands the guys country. From jungle swamps up to the highlands. And occasionally a thought brings tears to Mr. President, we must, therefore, re- We fought in China, Burma and India as well our eyes. double our efforts to ensure that rac- Now that was a real living hell. We look around, observe and it’s easy to see ism is not present in the law enforce- We thought about our loved ones way back There aren’t as many of us left as there ment community. Officers who engage home used to be. in racist activities should be severely And sometimes felt so terribly alone. But if a terrible war came, heaven forbid disciplined. Moreover, officers who do We cared for our buddies quite a bit We’d probably do the same thing as we not themselves take part in racist ac- And it tore us apart when they got hit. once did. tivities must understand that they Casualties occurred in many different ways We’d join in the fray with all our might cannot passively stand by while others Sometimes it put us in kind of a daze. And do what we could to make things engage into racist behavior, without It was difficult seeing wounded in terrible right. regard to whether they are on or off pain For we still love this country, the red white duty. The no-tolerance policy for rac- And no way to help was hard to explain. and blue ism must extend from the highest to And that by God, is the best we can do. But worse was to see friends lie dying ∑ the lowest ranks of our law enforce- It was all we could do to keep from crying. f ment community. Only by this kind of Whether killed in a plane, a ship or tank vigilance, Mr. President, can we ensure It was then we thought the whole world IN PRAISE OF SUMMER INTERNS that the promise of the 14th amend- stank. ∑ Mr. MOYNIHAN. Mr. President, I rise ment is kept.∑ But that was the way it had to be in recognition of my summer intern And we kept on fighting till the world was staff. f free. These fine young men and women FRANCIS HIPP: SOUTH CAROLINA’S Yes, we did our duty and did it with pride volunteered their time and energy this Some of us lived while others died. summer, and did a most outstanding CIVIC LEADER Then came the year of ’45 job. Mr. President, in recognition of a ∑ Mr. HOLLINGS. Mr. President, I rise The war was over and we were alive. job well done, I ask that a list of their today to remember a true friend and First Victory in Europe, then VJ Day names be printed in the RECORD: South Carolina patriot—Francis M. Thank You, God, we knelt to pray. The list follows: Hipp. Last week at age 84, my friend S 11124 CONGRESSIONAL RECORD — SENATE August 1, 1995 and colleague passed away in Green- change and the culmination of a 72- a past Governor of Florida and now a ville. year battle for the right to vote. U.S. Senator representing Florida, I Francis Hipp, a native of Newberry, On this occasion, we are reminded of have a profound pride for our State’s and his brothers took over Liberty Life the tremendous strides made by women system of community colleges. These Insurance Co. from their father in 1943. in the last century. Just 75 years ago, schools. located throughout our State, Over the next three decades, he pushed women could not vote. Today, women give real meaning to the sometimes the company, now named Liberty are actively involved in our political fleeting goal of ‘‘access to higher edu- Corp., to spectacular business heights system, organizing campaigns, running cation.’’ Community colleges are close as it blossomed into a major insurer as candidates, and voting on policy in to the students they serve and afford- and broadcaster. city councils and State legislatures able. But the innovative and intelligent across the country and in the U.S. Con- Community colleges are in the com- way that Francis ran his company is gress. Indeed, two women now rep- munity and of the community. Bob not what I most remember him for. resent California in the U.S. Senate. McCabe is a tribute to that inter-con- That memory is reserved for the kind, What remarkable change in such a nection between education and commu- caring way that he volunteered to help short time. And in every other area of nity, making multiple contributions to his State. our society, women have proven them- a greater south Florida. He helped es- Francis Hipp was a civic leader selves to be gifted and able leaders. tablish the New World School of Arts extraordinare. He played a key role in But at this special time, we are also and the New World Symphony, and moving South Carolina from a agricul- reminded of the many challenges that worked with Miami’s ‘‘We Will Re- tural and textile State into a diversi- lie ahead. Currently, women earn only build’’ after Hurricane Andrew in 1992. fied national and international busi- 76 cents for every dollar earned by Bob McCabe’s dedication to higher ness powerhouse. In 1959 when I became men. A ‘‘glass ceiling’’ still prevents education earned him the 1988 Distin- Governor, I appointed Francis to head many women from occupying top man- guished Graduate Award from the Uni- the newly reorganized State Develop- agement positions in the work force. versity of Miami and a MacArthur Fel- ment Board. Under his leadership, And our elected Government still does lowship in 1992. This year, he received Francis jump-started economic growth not reflect the tremendous diversity of the prestigious American Association in the Palmetto State. our society. of Community Colleges Leadership Francis Hipp is the reason for today’s As we observe this anniversary, we Award for his outstanding work on be- prosperity in South Carolina. What we must renew our commitment to creat- half of community colleges. needed in the early 1960’s was a suc- ing equality for women at every level For an active person with a creative cessful businessman who could talk to of our society. And we must always re- mind like Bob McCabe’s, retirement is successful businessmen. Francis trav- member—every time we exercise our perhaps a misnomer. As we mark this eled tirelessly telling the South Caro- right to vote—the great gift bestowed milestone in his career, we salute his lina story. He brought investment. He on us by the brave and selfless women leadership knowing the our community brought industry. He brought the jobs. of the suffrage movement.∑ and our Nation will reap the benefits Mr. President, without the devotion, f hard work and caring of Francis Hipp, from his efforts into the next century.∑ South Carolina would not have today’s TRIBUTE TO DR. ROBERT H. f successful business environment. It is MCCABE THE ROUGH AND READY ENGINE with a profound sense of loss that we ∑ Mr. GRAHAM. One of the founda- CO., NO. 5 mourn his passing. With Francis’ tions of our democracy is our edu- ∑ Mr. CHAFEE. Mr. President, it is death, South Carolina has lost its cation system, which has the high call- with great pleasure that I rise today to greatest civic leader.∑ ing of passing knowledge for one gen- pay tribute to the Rough and Ready f eration to the next, of preparing our Engine Co., No. 5 of Warren, RI on the young people for the future and teach- occasion of its 50th annual clambake, THE 75TH ANNIVERSARY OF ing us about the past. WOMEN SUFFRAGE Mr. President, in the United States, which will occur on August 6, 1995. Declared ‘‘Rough and Ready Clam- ∑ Mrs. BOXER. Mr. President, this our great tradition of public education bake Day’’ by the Warren Town Coun- month, across our Nation, Americans is personified by Dr. Robert H. McCabe, cil, this day commemorates both the are coming together to celebrate the president of Miami-Dade Community 75th anniversary of one of the most im- College. professional and charitable work of the portant events in our history—the pas- After more than three decades of Roughs, as they have been fondly nick- sage of the 19th amendment to the U.S. service to the college, Bob McCabe will named by the town. Part of the fire Constitution, guaranteeing women the retire, leaving a legacy that would in- company’s charter ‘‘* * * To assist in right to vote. spire Socrates and Jefferson. A fun- the extinguishing of fires, the protec- As we commemorate this momentous damental principle of our education tion of life and property and to en- anniversary, we pay tribute to the re- system is that knowledge shall not be hance the general welfare of the com- markable women of the suffrage move- bounded by race or class or religion, munity * * *’’ is also the Roughs’ ment, whose determination and cour- that in a truly free society all people motto. age have inspired and empowered have access to learning. The Rough and Ready Clambake countless Americans. These visionary For some, that principle is an aca- commemorates 50 years of charitable leaders—Susan B. Anthony, Elizabeth demic precept. For Bob McCabe, it is a work with the State of Rhode Island. Cady Stanton, Julia Ward Howe, Lucy lifelong passion. He lives that principle In 1994 and 1995, over 10 organizations Stone, and so many more—endured dis- every day. and charitable institutions within the crimination and scorn as they fought Miami-Dade Community College is community have benefited from dona- to extend a basic right to American the latest of its kind in America, a na- tions totaling over $3,000. The Roughs women. tionally recognized institution which have sponsored a Little League base- On August 26, 1920, the 19th amend- makes a consistent vital contribution ball team and a youth soccer team. ment to the Constitution of the United to our future. Three residents of Warren were given States took effect. It is hard to imag- Thousands of Floridians—productive, the opportunity to attend Camp ine today that the passage of this employed, having an immeasurable Stonetower, a camp for children with amendment, with its modest declara- positive impact on America—got their mental disabilities. During the Christ- tion of equality, was so hard-fought start in higher education at Miami- mas season, the Roughs annually pre- and divisive. It reads simply: Dade Community College. For them, pare dinner baskets for distribution The right of citizens of the United States the community college was a door to through local churches to those in need to vote shall not be denied or abridged by the the future, and Bob McCabe made sure within the community. United States or any state on account of sex. that door was open to everyone. I ask my colleagues in the Senate to But to the women of America, these As a native of Florida, as a former join with me and all Rhode Islanders in simple words represented profound member of the Florida Legislature, as commending the members of the Rough August 1, 1995 CONGRESSIONAL RECORD — SENATE S 11125 and Ready Engine Co., No. 5 for their passion for people with AIDS and a gust 5, 1995, they, their families, and as many acts of generosity and good will commitment to the public’s health. many citizens as can fit in the Four within their community, and in wish- Finally, the Ryan White CARE Act States Fair Entertainment Center will ing them continued health and prosper- makes economic sense. Cost-effective celebrate their well-deserved victory. ity.∑ delivery of care keeps AIDS patients As they do, I would once again like to f out of costly emergency rooms. The offer my congratulations on a job well public funds provided by Ryan White done.∑ AMENDMENT NO. 1854 TO THE have been leveraged in my State with f RYAN WHITE CARE ACT. private dollars to provide a network of cost-effective services to the HIV-in- WAIVING PROVISIONS OF THE ∑ Mr. LIEBERMAN. Mr. President, I fected population. If we shut off Fed- LEGISLATIVE REORGANIZATION rise in support of the Ryan White eral funds to community-based provid- ACT OF 1970 CARE Act. The purpose of the act is to ers because there is a question of provide health care services in a cost Mr. DOMENICI. Mr. President, I ask whether or not the nature of their serv- unanimous consent that the Senate effective way to people with HIV and ices indirectly promotes homosexual- AIDS. The Ryan White CARE Act is proceed to the immediate consider- ity, then we will undermine efforts to ation of House Concurrent Resolution working in my State and throughout limit the spread of AIDS and will shift the Nation. I am very concerned about 89 just received from the House. the burden of caring for people with The PRESIDING OFFICER. Without any amendment that would undermine AIDS on to our already over-burdened the effectiveness of this program. Sen- objection, it is so ordered. public hospitals.∑ ate HELMS’ amendment 1854 would pro- The clerk will report. (At the request of Mr. DOLE, the fol- The legislative clerk read as follows: hibit the use of Federal funding to lowing statement was ordered to be A concurrent resolution (H. Con. Res. 89) ‘‘promote or encourage, directly or in- printed in the RECORD.) directly, homosexual activities or in- waiving provisions of the Legislative Reor- f jection drug use.’’ Senator HELMS’ ganization Act of 1970 requiring adjournment of Congress by July 31. amendment could be broadly applied CONGRATULATIONS TO RED RIVER and therefore potentially undermine ARMY DEPOT COMMUNITY The PRESIDING OFFICER. Is there objection to the immediate consider- one of the most cost effective Federal Mr. GRAMM. Mr. President, I want ∑ ation of the concurrent resolution? programs we have. to commend the efforts of the people of There being no objection, the Senate Under the Helms amendment, it northeast Texas and southwest Arkan- proceeded to consider the concurrent would be difficult to determine what sas for the excellent job they did mak- resolution. services provided by a clinic would be ing the case to save Red River Army Mr. DOMENICI. I ask unanimous considered to ‘‘promote or encourage Depot. As you know, in each of the last consent that the concurrent resolution homosexual activities or injection drug three base closure rounds, the Defense be agreed to, the motion to reconsider use.’’ In particular, prevention pro- Department recommendations have be laid on the table, and any state- grams that discuss sexual behaviors been approved by the Base Closure ments relating to the concurrent reso- that contribute to the spread of AIDS Commission 85 percent of the time. The lution appear at appropriate place in might be judged to promote homo- fact that Red River Army Depot over- the RECORD. sexual activities. Prevention programs came those odds is a testament to the The PRESIDING OFFICER. Without that discuss and advocate clean needles dedicated efforts of everyone in the objection, it is so ordered. for drug addicts might be judged to community, and particularly those So the concurrent resolution (H. Con. promote injection drug use. Although members of the Red River Defense Res. 89) was agreed to. the Ryan White Act does not pay for Committee: Deldon Brewer, Judge preventive services, clinics that deliver James Carlow, Linda Crawford, Dr. f Ryan White-funded health services Phillip Duvall, Hubert Easley, Bob often have prevention programs. If MEASURE INDEFINITELY Embrey, John Henson, Dr. K.C. Hillis, POSTPONED—S. 617 these clinics which provide comprehen- Edward Holly, Bill Hubbard, Hoyt sive care to people with AIDS are con- Johnson, R.E. ‘‘Swede’’ Lee, Dennis Mr. DOMENICI. Mr. President, I ask sidered to indirectly promote homo- Lewis, John ‘‘Wimpy’’ McCoy, Fred unanimous consent that calendar No. sexuality, then these programs could Milton, Robert Mountz, Dee Reese, 39, S. 617, be indefinitely postponed. lose funding. That means denying life- Eldridge Robertson, Don Ruggels, The PRESIDING OFFICER. Without saving medical services for people with George Shackelford, Horace Shipp, objection, it is so ordered. HIV and AIDS. James Stokes, Scotty Taylor, and f Mr. President, doctors, nurses and Steve Wiggs. Even in a community as other health professionals cannot talk unified, dedicated, and active as theirs, ORDERS FOR WEDNESDAY, about a sexually transmitted disease these individual efforts stood out. AUGUST 2, 1995 without also talking about the sexual Mr. President, the Red River Defense Mr. DOMENICI. Mr. President, I ask behaviors that will prevent its spread. Committee saved Red River because unanimous consent that when the Sen- It is unclear if this amendment would they had the facts on their side and ate completes its business today, it allow professionals serving the HIV-in- they worked together as a team. Each stand in recess until the hour of 9 a.m. fected population to talk about sexual committee member volunteered count- on Wednesday, August 2, 1995; that fol- behaviors. The ambiguous language of less hours to work on the Red River lowing the prayer, the Journal of the this amendment could damage the pro- briefing, often traveling to Washington proceedings be deemed approved to tection of public health. to gather information or meet with the date, the time for the two leaders be Again, let me remind my colleagues Base Closure Commission. They orga- reserved for their use later in the day, that the purpose of this bill is to pro- nized massive public demonstrations of and that the Senate immediately turn vide health care to individuals suffer- support, raised money, and took pre- to the consideration of S. 1026, the De- ing from a terrible, terminal disease. cious time away from their families partment of Defense authorization bill. The bill reflects not a moral consensus and jobs to dedicate themselves to sav- The PRESIDING OFFICER. Without about homosexuality but a shared com- ing the depot. On this Saturday, Au- objection, it is so ordered. S 11126 CONGRESSIONAL RECORD — SENATE August 1, 1995 PROGRAM RECESS UNTIL 9 A.M. TOMORROW NOMINATIONS Mr. DOMENICI. For the information Mr. DOMENICI. If there is no further Executive nominations received by of all Senators, the Senate will begin business to come before the Senate, I the Senate August 1, 1995: the DOD authorization bill at 9 a.m. ask unanimous consent that the Sen- MISSISSIPPI RIVER COMMISSION Amendments are expected to the bill. ate stand in recess under the previous REAR ADM. JOHN CARTER ALBRIGHT, NATIONAL OCE- ANIC AND ATMOSPHERIC ADMINISTRATION, TO BE A Therefore, Members can expect rollcall order. MEMBER OF THE MISSISSIPPI RIVER COMMISSION, VICE REAR ADM. WESLEY V. HULL. votes throughout Wednesday’s session There being no objection, the Senate, THE JUDICIARY of the U.S. Senate. at 8:43 p.m., recessed until Wednesday, BRUCE W. GREER, OF FLORIDA, TO BE U.S. DISTRICT August 2, 1995, at 9 a.m. JUDGE FOR THE SOUTHERN DISTRICT OF FLORIDA, VICE JAMES W. KEHOE, RETIRED. August 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1571 EXTENSIONS OF REMARKS

CABLE AMENDMENT consumers by the end of the year is pure fan- Another anticompetitive provision in the bill tasy. The high tech hype has confronted engi- is the repeal of prohibitions on predatory pric- HON. EDWARD J. MARKEY neering reality. The phone companies are still ing. OF MASSACHUSETTS figuring out how to make the technology work. Not only does H.R. 1555 prematurely de- regulate cable monopolies, it contains provi- IN THE HOUSE OF REPRESENTATIVES To pretend, as H.R. 1555 does, that 15 months from now, this world will have sud- sions that would snuff out fledging competitors Monday, July 31, 1995 denly changed to one of widespread delivery before they can take wing in a community. It Mr. MARKEY. Mr. Speaker, the Nation's of commercially competitive cable service from would allow cable monopolies to target unfairly cable monopolies are trying to persuade the a telephone company, is sheer folly. a new competitor's customers for temporary Congress to dismantle the rate regulation As in any industry, the cable world has its lower prices and special offers. These lower rules that have saved consumers over $3 bil- share of bad actors. They will see their un- prices and special offers to undercut a com- lion since 1993. regulated monopoly opportunities, and they petitor would not be available to all subscrib- They are trying to break free from consumer will take them. ers in the cable systems' franchise areas. protection rules before competition arrives to The blindly deregulatory provisions in the Rather, other subscribers would subsidize offer Americans an affordable marketplace pending telecommunications bills will take us lower rates to undercut competitors. In this choice. back to the recent past where from 1986 to way, cable monopolies can crush competition Cable consumers should be on red alert. 1989 the U.S. General Accounting Office in its cradle. What's in store for the American public if Con- found that, on average, the price of basic Nascent competitors, such as wireless cable gress goes along? cable services rose more than 40 percentÐ3 systems and direct broadcast satellite [DBS] What is the cable industry offering consum- times the rate of inflation over that time. systems, would suffer greatly from this anti- ers? Free remotes? Special discounts? Unlim- As most of you know, things got so bad that competitive provision. H.R. 1555 would signifi- ited channels? in 1992 Congress had to act. The current law cantly thwart the ability of consumers to reap No. Although we might wish it were other- already stipulates that when a cable company the benefits of competition in the form of wise, without effective competition to give con- faces effective competition the cable compa- greater choice, higher quality, and lower price, sumers a real choice, the cable industry is ny's rates are deregulated. if section 202(g) is retained in the bill. going to give us reruns. I believe we should stick with a competition- Not content simply to deregulate monopolies Reruns of the hyper-inflationary rate hikes based telecommunications policy. Competition before competition arrives, H.R. 1555 frus- that were the norm before Congress reined in offers consumers choice. Competition will trates, rather than promotes, the emergence of the monopolies. bring lower prices. Competition will drive infra- a competitive market. The current cable provi- Reruns of the exorbitant prices charged for structure development and innovation. sions constitute a glaring flaw in a bill whose equipment. The Markey-Shays amendment will correct ostensible purpose is to promote competition A rerun of the same horror story for the many of the anticonsumer, anticompetitive in the telecommunications marketplace. American consumer. cable provisions of H.R. 1555. The Markey-Shays amendment will retain That's right. If cable consumers have a TV The Markey-Shays amendment will allow the uniform pricing rules on cable operators. clicker in one hand, they better be holding cable operators flexibility in the rates they Finally, the Markey-Shays amendment will onto their wallets with the other because the charge for cable programming services, but scale back the sweeping definition of small telecommunications bill moving through Con- will restrain operators from engaging in rate cable system contained in the bill. gress is going to raise cable rates. gouging. The Markey-Shays amendment says As I have mentioned before, the bill The House bill would lift all rate regulation that until a cable operator faces effective com- deregulates rates for cable programming serv- on cable programming, either immediately on petition in the marketplace, that operator must ices for so-called ``small cable systems'' imme- small systemsÐrepresenting about 30 percent charge reasonable rates. diately upon enactment. These are systems of consumersÐor 15 months after the date of Rates will be deemed unreasonable if they which largely serve rural America. enactment for the rest of the country. exceed, on a per channel basis, the percent- As a result, it will be consumers in rural And when they're deregulated the cable mo- age annual increase in the Consumer Price America who see their cable rates rise first. nopolists will return to past practice and con- Index. H.R. 1555 deregulates any cable system sumers will be forced to relive that past again. Again, these limitations on how high cable which has less than 1 percent of all cable sub- Many cable operators will use their new- rates can go are temporary provisions. The scribers (approximately 600,000 subscribers) found freedom to charge exorbitant rates. Cable Act of 1992 already has put provisions and is not affiliated with an entity that earns in The new 18-inch Direct Broadcast Satellite in the law that state that when a competitor excess of $250 million in gross annual reve- dishes will not hold them back as long as it's reaches 50 percent of the homes in a fran- nues. a $700 alternative. chise area and 15 percent take that alter- According to the FCC, this provision would And the telephone companies won't hold native, the incumbent cable operator's rates deregulate cable systems affecting 28.8 per- back cable rate hikes until they show up and are deregulated. cent of all cable subscribers. start delivering the goods. And the cold reality H.R. 1555 also modifies the complaint The Markey-Shays amendment would de- is that no telephone company is currently of- threshold that must be met to review cable fine small cable systems as those that directly fering cable service on a commercial basis in rates charged to ascertain whether they ex- serve fewer than 10,000 cable subscribers in competition with a cable company. ceed legal limitations. The legislation requires its franchise area and have in aggregate less In fact, a recent front page story in the Wall that 10 consumers or 5 percent of all subscrib- than 250,000 subscribers. Street Journal made it clear that the phone ers of a cable system, whichever is greater, I believe that the cable provision of H.R. companies aren't coming soon. The article must complain to the FCC to induce a rate 1555 go far astray of a competition-based stated that the Bell companies are unlikely to proceeding. In other words, H.R. 1555 would telecommunications policy. They are opposed reach 25 percent of the country with a com- require that in a cable system of 200,000 sub- by the administration. They are opposed by peting video service until well after the year scribers, that 10,000 consumers would have to consumer groups. They should be amended to 2000. The chairman of one of the Bell compa- complain. protect consumers until competition arrives to ny's multimedia group stated that simply aim- This is absurd. Moving the complaint level offer an affordable marketplace choice. ing at the 25 percent mark in the next 7 years to 5 percent of subscribers is a clear attempt MARKEY BROADCAST AMENDMENT would be ``very optimistic.'' to create an impossibly high threshold in order The drastic and indiscriminate elimination of The hooplah many of us heard as recently to insulate cable companies from provisions mass media ownership rules proposed by this as a few months ago about a video world with originally designed in the Cable Act of 1992 bill would eviscerate the public interest prin- over 500 channels being offered to millions of for consumer protection and empowerment. ciples of diversity and localism. Instead, H.R.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 1572 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1995 1555 will concentrate great wealth and media merge back together again after a 50-year hia- Television broadcasters today rely upon so- power in the hands of a few. It allows for the tus. This ill-advised proposal will lead to less called must carry rules to ensure their carriage concentration of television, radio, cable and choice, less diversity, less competition. on local cable systems. These rules are cur- newspaper properties in a way that will make On the local level, powerful conglomerates rently subject to litigation in the courts. Citizen Kane look like an underachiever. in the 1960's and 1970's were amassing mul- If the court invalidates these rules, the The mass media provisions of H.R. 1555, tiple ownership of media outlets. At the time, broadcast-cable crossownership repeal con- which were adopted in the form of an amend- in the top 50 television markets (comprising 75 tained in H.R. 1555 could have adverse con- ment offered by Mr. Stearns (R-FL), are percent of the Nation's television homes), 30 sequences. For example, if a cable company sweeping in scope. The network duopoly rule markets had one of the local TV stations has a financial interest in one of the TV sta- is repealed. The broadcast-cable owned by a major newspaper in the same tions within the local market (or 2 TV stations crossownership rule is repealed. The network- market. By 1967, some 76 communities had if it is one of the new local duopolies permitted cable crossownership rule is repealed. The only one AM radio station and only one daily by H.R. 1555), some or all of the remaining broadcast rule is repealed. The broadcast- newspaper, with cross-ownership interests be- broadcasters may be refused carriage or dis- newspaper crossownership rule is repealed. tween the two. Fourteen communities had one criminated against in such carriage. Without National limits on radio station ownership are AM radio station, one television station, and safeguards, repeal of this rule would allow a repealed. Limits on local ownership of radio only one daily newspaper, all commonly local cable system-local television combination stations are also eliminated. The one-to-a- owned. Moreover, in 1968 it was reported that to utilize the bottleneck of cable system ac- market rule is repealed, allowing for the cre- the infant cable industry was already seeing a cess to stifle media voices and distort the ad- ation of television duopolies in local markets. trend toward media concentration, with 30 per- vertising market. Finally, the national audience reach limitation cent of cable systems controlled by broad- Yet even without any judicial decision with for television networks is allowed to double casters. respect to the status of must carry obligations, from 25 percent of the country to 50 percent. Across the country, media moguls were as- repeal of this rule will have anticompetitive The aggregate effect of these changes are sembling what was called a Royal Flush: one consequences. H.R. 1555 does not extend to move telecommunications policy back to the person or company would own a local tele- must carry rights to any new channels offered 1930's. They will encourage the rapid consoli- vision station, an FM station, an AM station, by broadcasters. In developing new section dation of mass media ownership in this coun- the daily newspaper and the cable system. 336 of the Communication Act of 1934, the try and the elimination of diverse sources of And who stepped in to implement rules to authors of H.R. 1555 stipulate that if the Com- opinion and expression. They are a powerful prevent the unhealthy accumulation of media mission decides to award additional licenses toxin to democracy and a death knell for com- power? Why, it was the Nixon and Ford Ad- for advanced television services, the supple- munity control of its own media. ministrations that found the trend so disturbing mentary services or channels that a broad- H.R. 1555 will ensure that mass media out- they decided to take action. The Republican- caster may develop utilizing digital compres- lets increasingly became beholden to policies led FCC in that era, reflecting main street, sion are not granted must carry rights on and programming originating in New York and small town sensibility on media concentration cable systems. Hollywood. issues, adopted restrictions on mass media Although numerous broadcasters in a local- ity might be using digital compression tech- The bill encourages the hoarding of media ownership to further the twin goals of diversity nology to create 3, 4, or 5 additional TV chan- power to truly nightmarish proportions; in a and competition. particular town one large company could con- Now who is threatened by the communica- nels each, the cable system is not obligated to trol 2 TV stations, an unlimited number of tions cannibalism in media properties that carry these additional channels. This is a com- radio stations, the only newspaper in town, the would be unleashed by the current House pro- petitively neutral provision only if all the local television stations are treated by the cable town's only cable system, and in small towns posal? Local television affiliates and independ- system in similar fashion. the local phone company. Such control over ent TV stations, small radio stations with inno- With repeal of the broadcast-cable the local media marketplace would give the vative but niche programming formats, family- crossownership rule, however, the local cable owner a huge advantage in dictating the terms run newspapers struggling to remain inde- system could immediately favor the television for advertising. More importantly, it also fur- pendent are endangered species in a new dig- station in which it had a financial interest. The nishes this local media potentate with dramatic ital Darwinism where only the communications cable system could do this simply by carrying power to influence coverage and public opin- colossi can survive. the additional or supplementary channels and ion on hundreds of issues of concern to the Every local town and hamlet runs the risk of services of that TV station and denying such citizens of that local community. becoming real life Pottersville, the mythical opportunity to the other broadcasters within The bill repeals local media cross-ownership town that Jimmy Stewart prevented from exist- the same community. rules between television stations, cable sys- ing in the 1946 classic ``It's a Wonderful Life.'' tems and newspapers, allows for unlimited AM The House bill would allow for the aggrega- DEREGULATION OF THE NATIONAL TV AUDIENCE REACH LIMITATION and FM radio ownership on both the national tion of mass media power that far exceeds the The bill would lift the current cap limiting tel- and local levels, allows the national television Royal Flush in local markets. Such a historic evision networks to 25-percent coverage of networks to consolidate and to double their public policy reversal poses grave repercus- the Nation to 35 percent immediately. It would audience reach, and permits people to own 2 sions for democratic government. Since the then be lift the cap to 50 percent 1 year later. television stations within a community. Rather time of Jefferson, access to a diversity of in- I believe that the relationship between net- than promoting a forward-looking media policy formation and opinions on the important is- works and television affiliates has served our for a 21st century economy, these provisions sues of the day was considered essential to country well. H.R. 1555 does more than tip the return us to the 1930's-era when there were the workings of democracy. balance between TV networks and their affili- very few media owners in most communities. In an era when we are searching for ways ates toward the networks. It completely dis- The current rules, which have successfully to break down monopolies and provide con- rupts that balance. created a level of media diversity in this coun- sumers with greater choice, the telecommuni- Local broadcasters in communities across try that is the envy of the world, were not the cations bill returns us to a bygone era and the country are fighting to remain local broad- sole creation of liberals. They were imple- resurrects the possibility that the emerging casters in this legislation. Increasing the na- mented on a bipartisan basis by both liberals multimedia milieu will be dominated by a few tional audience caps to 50 percent puts local- and conservatives, Democrats and Repub- communications cartels. ism in jeopardy. The doubling of the audience licans, to mitigate against media concentration My amendment addresses two key issues in cap will hurt diversity. and to promote competition and diversity. the bill. The nature of the network-affiliate relation- Such media concentration was not a theo- REPEAL OF THE BROADCAST-CABLE CROSSOWNERSHIP ship today is that networks must count on their retical possibility. During the 1930's, NBC had RULE affiliates to air national programming while af- a Red and a Blue television network. In 1941, This rule prevents TV-cable combinations filiates count on the networks to provide na- the FDR administration barred dual network within local markets. Adopted by the FCC dur- tional news, sports and entertainment to add ownership and required NBC to divest itself of ing the Nixon administration, this rule helps to to a mix of local news and independently-pro- its Blue network. That network became the protect fair competition in the local media mar- duced programming. tilting the balance too American Broadcasting Co. After waiting dec- ketplace and safeguards diversity in mass much toward the networks will create a con- ades for the emergence of a fourth competing media outlets within local communities. Simply centration of nationally-produced programming network (FOX), the House bill would allow put, this rule prevents a cable system from ac- and a corresponding loss of locally-oriented FOX to buy CBS and permit NBC and ABC to quiring a local TV station in the same city. programming. August 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1573 If networks can own stations that cover the firmed by painful numbers. Over 5 million HONORING DR. CARL E. WHIPPLE largest markets in the country, we lose the tra- Americans were mobilized for the Korean ditionÐand the capabilityÐof having local af- warÐ103,000 were wounded in battle, 52,000 HON. WILLIAM F. CLINGER, JR. filiates pre-empt network programming to bring gave their lives and 8,000 prisoners of war are OF PENNSYLVANIA viewers important local news, public interest still unaccounted for. There are still over IN THE HOUSE OF REPRESENTATIVES programming, and local sports. As Ed Reilly, 140,000 Korean war veterans in New Jersey, Tuesday, August 1, 1995 president of McGraw Hill Broadcasting Co. 12,400 of them in the 11th Congressional Dis- said in testimony before the Committee: A net- trict. Mr. CLINGER. Mr. Speaker, I rise today to honor Dr. Carl E. Whipple for a quarter cen- work-owned station almost never pre-empts a Today, as I speak, thousands of American network program to cover a local sports event tury of service to the Housing Authority of troops work together with South Korean forces Warren County, PA. or to air a local charity telethon. to maintain the fragile peace that their grand- Because American society is built upon A native Pennsylvanian, Dr. Whipple dedi- parents fought and died for along the 38th local community expression, the policy favor- cated himself to educating and encouraging parallel. For 42 years now, they have stood ing localism is fundamental to the licensing of others to achieve their goals. He began his watch. Ever vigilant, ever brave, they continue broadcast stations. Localism permits broad- career as a teacher, subsequently earning to guard what has become a thriving democ- casters to tailor their programming to the masters and doctoral degrees in education. racy and a vibrant culture. So, while a threat needs and interests of their communities. Following a naval tour aboard the aircraft car- still looms from the north, our Nation's commit- Moreover, as trends toward national homog- rier U.S.S. Ranger, Dr. Whipple continued his enization of the media growÐfor example, ment to defend the principles of liberty remain devotion to education during a year mission to cable channels and direct broadcast satellite steadfast. India. serviceÐlocalism increases in importance. Ex- The legacy of the soldiers who fought in the Many regions across Pennsylvania also pansion of national media outlets increases frozen hills of the Korean Peninsula is evident benefited from Dr. Whipple's lifelong commit- the need for local media outlets with the lo- today in the stark contrast of a nation's people ment to community service. As a teacher, prin- cally ubiquitous reach of broadcast television still divided. The morning before the memorial cipal and superintendent of several schools, stations. was dedicated, South Korea's President, Kim Dr. Whipple actively pursued improvement of In short, relaxation of the national audience Yong-sam, addressed a joint session of the the public school system. caps is an anti-competitive proposal. Deregu- United States Congress as the leader of a free In addition to his career as an educator, Dr. lation of the audience cap will intensify con- and democratic nation while Kim Il Jung of Whipple will long be remembered for the real- centration in the hands of the vertically-inte- North Korea still shrouds his people in the ization of one of his dreams. Following retire- grated, national television networks. Once they cloak of communism. ment from Warren County Schools, Dr. Whip- ple while traveling on a family visit to Califor- are permitted to gobble up additional local sta- The Korean War Veterans Memorial serves nia, viewed for the first time a public housing tions, these mega-networks will have an in- as a reminder to the United States, South complex for senior citizens. Upon return to creased ability to sell national advertising by Korea, and the rest of the world that freedom Pennsylvania, Dr. Whipple led the charge to controlling local distribution. has a price and we ought never to forget establish a similar program in Warren County. No one will argue that, in general, it is not those who paid it. more efficient to simply make local broadcast Not only did Dr. Whipple play an instrumental stations passive conduits for network trans- f role designing the housing authority, he also missions from New York. Localism is an ex- served as chairman of the board of directors pensive value. We believe it is a vitally impor- THE HAMPTON CLASSIC for 25 years. tant value, however, and like universal service, From his first job as a high school teacher, it is a principle of communications policy root- and throughout his participation in the Penn- ed in the Communications Act of 1934. It HON. MICHAEL P. FORBES sylvania Retired Public School Employees As- should be preserved and enhanced as we re- OF NEW YORK sociation, the Rotary Club, and the Northern Allegheny Conservation Association, Dr. Whip- form our laws for the next century. IN THE HOUSE OF REPRESENTATIVES f ple continuously demonstrated the depth of his Tuesday, August 1, 1995 commitment to mankind. TRIBUTE TO AMERICA’S KOREAN I am proud to recognize Dr. Carl E. Whipple WAR VETERANS Mr. FORBES. Mr. Speaker, I rise today to for his outstanding accomplishments and ex- proclaim August to be Hampton Classic traordinary dedication to public service in War- HON. RODNEY P. FRELINGHUYSEN Month. On August 27, I will join with tens of ren County and throughout the world. We, in OF NEW JERSEY thousands of admirers in Bridgehampton, northwest Pennsylvania, are fortunate to have IN THE HOUSE OF REPRESENTATIVES Long Island, NY, in celebration of the 20th an- such an individual who serves as a shining ex- Tuesday, August 1, 1995 niversary of the Hampton Classic. In addition ample of what community service is all about. to being one of the Nation's most superb f Mr. FRELINGHUYSEN. Mr. Speaker, today, horseshows, it is also an outstanding fundrais- I rise to pay tribute to our Nation's Korean war ing event. Thanks to the classic's program of A SALUTE TO JAZMIN BROOKS veterans. Last week, the Korean War Veter- charitable giving, the public's support of this ans Memorial was dedicated to their honorÐ wonderful event also makes possible a gener- HON. PATSY T. MINK and it's about time. These men and women osity that otherwise might not be available. OF HAWAII have waited too long to be recognized for their IN THE HOUSE OF REPRESENTATIVES sacrifices. They fought, and many died, for ``a Since the inaugural show in 1976, South- Tuesday, August 1, 1995 country they never knew and a people they ampton Hospital has received more than never met,'' as reads an inscription on one of $500,000 thanks to patrons of the Hampton Mrs. MINK of Hawaii. Mr. Speaker, I would the memorial's sculptures. Classic. In addition, Mr. Speaker, the classic like to take this opportunity to salute an out- The Korean War Veterans Memorial is a produces significant annual revenues for the standing young women from my congressional somber yet powerful monument to those who Nassau-Suffolk Chapter of Juvenile Diabetes district, Ms. Jazmin Brooks. Jazmin was re- served in what is often referred to as ``the for- Foundation and the U.S. Equestrian Team, cently named a national winner of the ``Voice gotten war'' of the 20th century. Many heroes sponsors of our Olympic and other inter- of Democracy'' broadcast scriptwriting contest of the Korean war have spent the last 40 national riding teams. which is sponsored by the Veterans of Foreign years lost in the shadows of the triumphant Mr. Speaker, I join with all our neighbors, Wars of the United States and its Ladies Aux- victory in World War II and the national divi- friends, and visitors to the east end in extend- iliary. The competition requires high school siveness sparked by the war in Vietnam. Yet, ing heartiest congratulations and sincere students to write an essay on a specified patri- the Korean war was critical because it was the thanks to everyone in the Hampton Classic otic theme. In 1995, over 126,000 students first test of the post-World War II order; our family whose selfless devotion to this tremen- participated. Jazmin was sponsored by VFW Nation's commitment to defend liberty and to dous undertaking have made it a success. Post 2875, VFW Post 94, Ship's Post 2432 arrest the growing threat of tyranny were The Hampton Classic is a truly extraordinary and its Ladies Auxiliary. All are located in being directly challenged. event and, on behalf of a grateful community, Honolulu HI. This year's theme was entitled, Carved in stone on the memorial are the I extend my sincere appreciation to all who ``My Vision for America'' and I am pleased to words, ``Freedom is Not Free''Ða truism con- support it. share Jazmin's award winning entry with you. E 1574 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1995 MY VISION FOR AMERICA DEPARTMENTS OF VETERANS AF- With one in four Americans living within 4 (By Jazmin Brooks) FAIRS AND HOUSING AND URBAN miles of a Superfund national priorities list site, DEVELOPMENT, AND INDEPEND- this funding cut will have a severe impact on The date: October 12, 1492. The Man: Chris- ENT AGENCIES APPROPRIATIONS millions of people. topher Columbus. A time in which the seas ACT, 1996 Besides the environmental impacts, these were an open book waiting to be written. A cuts will result in 3,500 lost contractor jobs time in which the skies were the naviga- SPEECH OF and further delays in returning Superfund sites tional tools for all explorers to seek. A time in urban areas to productive economic use. in which the new land was like a canvas an- HON. ROBERT A. BORSKI In Pennsylvania, cleanup construction is set ticipating an artist’s touch. One of these art- OF PENNSYLVANIA ists was Columbus. His painting was the to begin at the site of a former scrap wire re- IN THE HOUSE OF REPRESENTATIVES Americas. covery site. The ground water, sediments, sur- Thursday, July 27, 1995 face water, and soil are contaminated with the With one small stroke, Columbus began volatile organic compounds and heavy metals, the drawing. This drawing would contain The House in Committee of the Whole including lead. wars, revolutions, and many a rivers of tears. House on the State of the Union had under But this drawing was the beginning of hope, consideration of the bill (H.R. 2099) making The cleanup at this site will help protect the freedom, and liberty. Had this Italian man appropriations for the Departments of Veter- 52,000 people who live nearby. ans Affairs and Housing and Urban Develop- known the ‘‘door’’ he had just unlocked for Construction cleanup would begin at this ment, and for sundry independent agencies, the future of the most dominant of all na- site in the coming months if we provide ade- boards, commissions, corporations, and of- quate funds for the Superfund Program. tions? Could he have ‘‘envisioned’’ what the fices for the fiscal year ending September 30, future possessed? . . . 1996, and for other purposes. H.R. 2099 does not provide the needed funds. Vision is a common word we perceive as Mr. BORSKI. Mr. Chairman, I wish to ex- being connected with the action of eyesight. It would leave the people who live near this press my support for the important amend- site and many others like it waiting for many This is true, but it alone is not the only ele- ment by the gentleman from Michigan to re- ment to its significance. From where I stand more months and years for cleanup to begin. store the needed funding for the cleanup of The Dingell amendment would provide the I see three other essentials necessary to the Nation's hazardous waste sites. funds for these cleanups to move forward. truly project and set forth the future which The Dingell amendment is absolutely essen- you desire. I urge passage of the amendment. tial for our Nation's environment. One: a mind that is as open and free as the The funding level in this bill is totally inad- f air soaring through the wings of the master- equate for a program that will protect the IN MEMORY OR ELMER CERIN ful American eagle, knowledgeable, tena- health and environment of the American peo- cious, and wishing to teach all those who ple. gather. Two: a heart stout enough to with- In the Water Resources and Environment HON. CAROLYN B. MALONEY stand the mightiest of all blows, yet gentle Subcommittee we have had six hearings on OF NEW YORK enough to concern and reach out for those Superfund where I have attempted to question IN THE HOUSE OF REPRESENTATIVES less providential. Three: a lordly soul bear- virtually every witness about how the program ing the load of the mind, heart, and body, to Tuesday, August 1, 1995 should be funded. guide and lead the way to utmost success. Reducing cleanups is not an acceptable an- Mrs. MALONEY. Mr. Speaker, Congress The mind, the heart, and the soul are the swer. has lost one of its most precious resources. keys to which many great leaders have found Without exception, there has been no wit- On Monday, July 24, Elmer Cerin passed themselves and their futures. Learn from nesses who has given a credible answer on away. I join with many of my colleagues, our them, observe their past and present deeds to replacing the revenue that would be lost if we staff, and others whose lives intersect with better yourself. We all share a trace of igno- repeal retroactive liability, which some in Con- our's on Capital Hill to mourn Elmer's death rance and therefore must thrive off one an- gress want to do. and to take a moment to celebrate his life. other to move forward. It starts with one We now have a $3 billion annual program Unlike many of Elmer's admirers, I only small step . . . a dream and a vision. with half the funds appropriated and half re- knew him for a short time. When I arrived in I envision the future of America thirty covered through liability procedures. Washington in January 1993, I began, of years from now. I see a dividend of lifestyles This bill proposes a drastic reduction in the course, to meet the Hill's personalities. I met between micro-computers and the ‘‘Jetsons.’’ appropriated funds for cleanup. If we add in the Speaker. I met powerful Senators. I met I see the animals being able to equally share the repeal of Retroactive Liability, the Hazard- important Ambassadors. And I met Elmer. the land with humans. I see no pollution due ous Waste Cleanup Program in this country Bounding into my office 1 day with a huge to the fact we can now change it into lovely will grind to a halt. smile on his face and a stack of Dear Col- household pottery! I see no vandals, gangs, I do not believe it is acceptable to the Amer- leagues under his arm, I first laid eyes on this guns, or drugs—these people overdosed to ican people to halt the cleanup of hazardous their death in their own self-pity and anger. incredible man, on this Capitol Hill institution. waste from their communities. I see no diseases, decaying, or unwanted One of my staff members, who had known If our goal is a Superfund Program that will pain. I see wholesome lives, unlocked doors, Elmer for several years, filled me in. Elmer and nightly jogs because people are no longer show real progress in cleaning up hazardous was a volunteer lobbyist for a number of im- afraid. I see racial harmony, with acknowl- waste sites, we must pass the Dingell amend- portant causes, including health care, religious edgement and acceptance of the past, and a ment. freedom, and pro-Israel issues. Although he ‘‘ready foot’’ to move forward . . . united! The funding level in the bill is a cut of $416 had reached the age of 80, he had the energy million from last year's level. of the interns a quarter his age with whom he This is all that I see. This is my dream. I This budget level put a halt to the start of constantly bantered. He was kind and funny, I have that mind, that heart, and that soul to 120 construction projects. make this real. I may not do it alone, but it Superfund projects would not be allowed to was told, but also incredibly persistent and will be done. It may not be now, but it will move to the next phase, meaning that those persuasive. With the force of his personality be soon. And I will be that leader who shall communities that are waiting for construction and his shoeleather, Elmer won many more be looked upon as a true scholar. Young legislative battles than he lost. adults who will be entering the ‘‘real world’’ to begin are simply out of luck. This funding level tells the people of Amer- Elmer had a long and distinguished career with little experience, but lots of energy just before he ever began his lobbying crusades. looking for a light to guide them through. I ica who are threatened by Superfund sites to live with it. He served in the administrations of Presidents will be one of those lights burning brightly Roosevelt and Truman, and also worked for for hereafter. This cut will affect cleanups in more than 40 StatesÐa truly national reduction in environ- the Postal Service for over 20 years. Subse- mental protection. quently, Elmer was a successful attorney in It means that more Superfund trust fund private practice. money, taxes which are being paid by the When Elmer's beloved wife, Sylvia, was di- American people and by American busi- agnosed with ALSÐLou Gehrig's diseaseÐin nesses, will remain in the trust fund. 1977, he began the phase of his life that put The money in the trust fund should be used him in contact with so many on the Hill. Elmer for the purpose for which it was intendedÐ began a personal effort to lobby for more re- cleanups. search funds for ALS. Over the years, he took August 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1575 on additional health issues including breast Unlike most FEMA floodplain maps for ur- In addition to being the husband of my be- cancer, smoking, and NIH funding. For many banized areas, the proposed FIRM's for Stock- loved deceased sister, Inadene, Judge Tatum years, he worked out of the office of our col- ton do not indicate flood depths. Such infor- is a mentor of mine. He is a brother-in-law league HENRY WAXMAN, who spoke eloquently mation is critical to determine insurance pre- who is as close to me as a brother. He in- last week at Elmer's funeral. mium rates and building code requirements. spired me to become a lawyer, to engage in Elmer also had a desk in Steve Solarz's of- Because FEMA did not provide this informa- politics and to muster the self-confidence to fice where he worked with Steve on human tion during its most recent flood insurance stand for Congress. rights and Jewish issues. I'm told that he study, the city and county can only estimate We confer frequently about issues of the helped Representative Solarz pass the famous flood depths, thereby assuming liability for in- day, as well as our latest golf scoresÐsuch as yarmulke billÐwhich allowed Jewish service- accurate estimates, in addition to its individual they areÐand I value his advice. men to wear religious head coverings while on property owners incurring the costs of deter- Saturday, his four children and their dutyÐby recounting to Members and staff the mining the appropriate flood depths. In order spouses, many grandchildren, other family and fact that Elmer himself wore his yarmulke to minimize this cost to property owners, the scores of friends are gathering to wish Lloyd while parachuting behind enemy lines in World city and county have stepped forward to fully a joyous birthday. War II. finance the necessary flood depth study. This I hope that through his life, I can inspire just Together with his second wife, Shoshana necessary study is expected to be completed a fraction of the great number of people who Riemer, herself an activist, Elmer was very in- in 2 years. The legislation we are adopting have been inspired and encouraged by Lloyd volved in a host of civic and community af- today will suspend FEMA's maps and ensuing Tatum. fairs. He was legendary for his continuous vigil process, at least for 1 year, while the study is I wish for him many more productive years in front of the Soviet Embassy during the dark conducted. and thank him for all he means to me, my days of oppression of Soviet Jews. He and FEMA's draft maps also contain significant family, and hundreds of friends and admirers. Shoshana were charter sponsors of the Holo- errors. Processing has already been delayed Happy birthday, Lloyd. caust Museum. by FEMA because of omissions and inclusions f In a New York Times profile about Elmer that were not part of the initial draft. The city written in 1986, Elmer said, ``During my life- and county have already hired an engineering CONGRATULATIONS TO TERRY time, if I can reduce suffering in this world a firm to review the maps, and numerous other JAMES MCCOY little bit, I will be more than rewarded for all errors have been found. Despite the fact that my efforts.'' Sadly, Elmer's life has come to an the city and county are moving rapidly to re- HON. CHARLES H. TAYLOR end. But he did indeed succeed in helping view the proposed FIRM's, the 90-day appeal OF NORTH CAROLINA many, many people. And he enriched and in- period allowed by FEMA is insufficient time IN THE HOUSE OF REPRESENTATIVES spired those he left behind. The poet Thomas considering the vast area that has been Tuesday, August 1, 1995 Campbell wrote, ``To live in the hearts we remapped. My provision contained in the ap- leave is not to die.'' By this measure, Elmer propriations bill is intended to prevent the ap- Mr. TAYLOR of North Carolina. Mr. Speak- will live on in all who knew and loved him. peal period from expiring while more accurate er, it is with great pleasure that I offer my con- f data is collected and eventually provided to gratulations to Terry James McCoy of Frank- FEMA. lin, NC, who has been named a national win- DEPARTMENTS OF VETERANS AF- Mr. Speaker, FEMA has praised the city and ner in the 1995 Voice of Democracy broadcast FAIRS AND HOUSING AND URBAN county for the initiative they have exercised to scriptwriting contest. DEVELOPMENT, AND INDEPEND- respond to these maps and the potential for The program was started 48 years ago and ENT AGENCIES APPROPRIATIONS future flooding. Since being notified last No- since 1958 has been sponsored each year by ACT, 1996 vember, that nearly the entire metropolitan the Veterans of Foreign Wars of the United States and its Ladies Auxiliary. SPEECH OF area was being redesignated as a floodplain, the local governments have already estab- Students competing in the contest write and HON. RICHARD W. POMBO lished a joint powers authority [JPA], retained record a 3-to-5-minute essay on a patriotic OF CALIFORNIA engineering and public finance consultants, theme. This year more than 126,000 second- IN THE HOUSE OF REPRESENTATIVES and appropriated more than $2 billion. The city ary school students nationwide participated in Thursday, July 27, 1995 and county JPA plans to construct the needed the contest competing for the 54 national flood protection improvements without Federal scholarships. The House in Committee of the Whole McCoy, a recent graduate of Franklin High House on the State of the Union had under financial assistance in order to expedite com- consideration the bill (H.R. 2099) making ap- pletion of the project. The JPA has already es- School, was named the North Carolina State propriations for the Departments of Veter- tablished a fast-track schedule that begins winner for his script, ``My Vision for America,'' ans Affairs and Housing and Urban Develop- constructions in May 1996 and expects com- and was awarded the $2,000 Jesse A. Lewis ment, and for sundry independent agencies, pletion before the end of 1998. We must now Memorial Scholarship Award. boards, commissions, corporations, and of- ensure that FEMA's administrative actions as- I congratulate Terry on an outstanding ac- fices for the fiscal year ending September 30, sist rather than impede this effort. complishment and ask that his script be 1996, and for other purposes: f placed in the RECORD. Mr. POMBO. Mr. Chairman, I rise today to MY VISION FOR AMERICA address the section of H.R. 2099, the fiscal JUDGE LLOYD TATUM, A GREAT (By Terry James McCoy) year 1996 VA±HUD appropriations bill, that AMERICAN The United States of America was, and is, will prevent the Federal Emergency Manage- an experiment. In its brief two hundred and ment Agency [FEMA] from spending any fur- HON. HAROLD ROGERS eighteen years as an independent nation, America has stood the test of destruction ther taxpayer dollars for work on flood insur- OF KENTUCKY ance rate maps [FIRM] for the city of Stockton many times. Every time this nation is en- IN THE HOUSE OF REPRESENTATIVES and San Joaquin County, CA. I have worked gaged in a battle, it is tested. Every time with this appropriations subcommittee to see Tuesday, August 1, 1995 America experiences a lapse in its economy, that language is included in this bill that would it is tested. When American citizens burn the Mr. ROGERS. Mr. Speaker, this Saturday, symbol of this great land, it is tested. ensure that these inaccurate and deficient August 5, 1995, Judge Lloyd Tatum of Hen- The Civil War was possibly this nations maps are not prematurely imposed on the derson, TN, will celebrate his birthday, match- greatest trial. Descension among citizens has Stockton metropolitan area. This Congress ing the Biblical age of three score and ten. never been this high. As states began to se- must ensure that FEMA is a partner with the Judge Tatum is a highly respected west cede, hatred towards one another began to city and county in providing accurate and com- Tennessee lawyer, known throughout Ten- grow. Many were declaring this, ‘‘the end of plete information on the risk of flooding and to nessee legal circles for having served many democracy, and this nation.’’ How fortunate, assist in coordinating the completion of im- years as a member of the Tennessee Criminal that from the fields of Illinois there came a tall, powerful man. This man has vision for provements to the existing levee system. Such Court of Appeals. Upon his retirement from America. He could see past the hatred and a coordinated effort will more rapidly restore the active bench several years ago, he re- the violence. He saw America as it should an adequate level of flood protection and en- sumed private practice in Henderson with his have been. Abraham Lincoln led a nation out hance, rather than threaten, the regional, and son, Lloyd Rogers Tatum, while continuing to of its greatest test and left it far better than State's economy. serve as a reserve judge. he found it. E 1576 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1995 The Great Depression is yet another poten- After the implementation of the Medicare the draft in 1917, and served valiantly in the tially disastrous predicament that America Program, the death rates for all causes de- 77th Division in World War I. He incurred a has had to face. The United States’ economy creased dramatically. From 1960 to the temporary disability during the war due to poi- was in shambles. It was not only an eco- present, the number of deaths for Americans nomic depression but a social depression as sonous gas, and was discharged from the well. Unemployment was at an all time high. ages 65 to 74 has decreased by over a quar- Army in 1919. Originally a farmer, Vail was Yet again there were those who said that, ter of a millionÐ275,000Ðand for those over unable to continue that occupation because of ‘‘capitalism has failed, its the end of this na- the age of 85 the number of deaths has de- his disability. He decided to follow his interest tion.’’ Children were starving, families were creased by nearly half millionÐ427,000. in automobiles which began at the age of destroyed, and American citizens were with- With good medical care, the live expectancy eight. out hope. Through the midst of this terrible for Americans had increased by 6.1 years, in- Through a combination of hard work, dedi- time, a great leader cam to the forefront. He creasing from 69.7 years prior to Medicare, to cation, skill, and timing, Carl Vail built up his showed the American people that there was 75.8 years today. car dealerships from a single carÐthe Wal- hope. He promised them that America could In spite of Medicare's proven success in tham, Massachusetts war-babyÐto a multi- pull through this evil beast, called the Great prolonging elderly Americans' independence, Depression. Franklin Delano Roosevelt had a million dollar business. His success never tar- vision for America. Roosevelt knew that and its success in improving their quality of nished his reputation for honesty and fairness. America could quickly become the worlds life, the Republicans have been steadfast in When the United States entered World War II, largest economic and militaristic super their commitment to kill the Medicare Program. Vail again volunteered to serve his country. power. Franklin Roosevelt never saw the day Since day 1, they have attacked the Medicare His wartime responsibilities included service when America became what he dreamed it to Program from all anglesÐlabeling it as social- on a civilian Army ordnance team that raised be. His vision is still very much alive in this ized medicine, unnecessary, and ill-conceived. 2,200 men and officers for the regular Army country and will continue to be alive as long Thirty years after the establishment of the as American citizens are students of its his- ordnance. He was also eastern Long Island di- Medicine Program, the Republican assault had vision captain in charge of Coast Guard Tem- tory. not only continued, but as escalated and be- These two men contributed more to this porary Reserve with 200 men on part-time come even more mean spirited. Today, the nation than we will ever realize. Their vi- duty. sions are still very much a part of this coun- GOP seeks to destroy the Medicare Program Aside from being a successful businessman try. However, their visions are not the only through the budget process. The Republican- and a national patriot, Carl Vail is also com- visions that have influenced America. Every passed budget resolution cuts $270 billion out munity-minded and a dedicated patriarch of citizen of this nation has had a vision for of the Medicare Program, threatening the the Vail family. His spirit of voluntarism lead America’s future. For example, Susan B. An- health of millions of American elderly. him to actively participate in promoting auto- thony had a very simple vision. It was a vi- While the Republicans have never sup- motive safety and driver education on eastern sion in which all Americans had the right to ported the Medicare Program, their decision to vote. gut the program's funding in order to give a Long Island. He was also a founder and past Henry Ford had a vision in which all the tax cut to the wealthy is one of their most cal- commander of Raymond Cleaves Post, Amer- people of this country could afford and own ican Legion, Mattituck. Over the years, Carl their own car. The Wright brothers dreamed lous actsÐnot only against the Medicare Pro- gramÐbut more importantly, against the elder- Vail has been a dutiful husband, father, and of an America in which people could travel grandfather. He has 3 children, 8 grand- through the air to get to their destinations. ly citizens served by the program. These visions for America were not just fan- The American people must not tolerate the children, and 11 great grandchildren. tasies that only existed in these dreamer’s Republicans' blatant disregard for the health Once again I extend my best wishes and heads, but they were attainable ideals that care needs of the elderlyÐthe GOP's assault congratulations on 100 successful years to many other American’s shared with them. on the elderly is unconscionable and inhu- Carl Everett Vail, Sr. He is a man whose life What is my vision for America? It is one of mane. is an inspiration to us all. idealism, but attainable idealism. I see an Mr. Speaker, when President Johnson f America in which citizens can put faith in signed the Medicare Program into law, he those that govern them. I see an America in IN RECOGNITION OF NATIONAL stated: which if you destroy the United States Flag, FORGE CO., IRVINE, PA the very symbol of our freedom and our No longer will older Americans be denied pride, not only will you be breaking a federal the healing miracle of modern medicine . . . law but you will be directly defying the no longer will illness crush and destroy the HON. WILLIAM F. CLINGER, JR. United States Constitution. My vision for savings that they have so carefully put away OF PENNSYLVANIA America is one in which we stand proud of over a lifetime so that they might enjoy dig- IN THE HOUSE OF REPRESENTATIVES those that have served this nation so well, nity in their later years . . . and, no longer both in military service and civilian service. will this Nation refuse the hand of justice to Tuesday, August 1, 1995 I foresee a nation where school children are those who have given a lifetime of service Mr. CLINGER. Mr. Speaker, I rise today in no longer afraid of violence in their own and wisdom and labor to the progress of this proud recognition of the new employee-own- progressive country. schools. I dream of the day when the people ers of National Forge Co. in Irvine, PA. On of this nation can once again stroll the Mr. Speaker, I ask my colleagues to join me June 29, 1995, these men and women pur- streets in safety. I look forward to an Amer- in paying tribute to the Medicare Program on chased the company's assets and those of a ica where people are proud of it and its rich its 30th anniversary, and to pledge ourselves history. This is my vision for America. subsidiary in Manchester, England. In so to making its absolutely clearÐthat we will not f doing, they married the dignity of hard work allow the Republican Party to make our Na- with the passion of self-investment. A TRIBUTE TO THE MEDICARE tion's elderly their pawn in the Republican-tax An internationally competitive producer of PROGRAM’S 30TH ANNIVERSARY give away scheme for the rich. precision machined steel components, the f company has thrived on a reputation for excel- HON. LOUIS STOKES CONGRATULATIONS AND HAPPY lence in quality and productivity. From its OF OHIO 100TH BIRTHDAY CARL EVERETT founding in 1915 by Clinton E. Wilder to its IN THE HOUSE OF REPRESENTATIVES VAIL, SR. most recent days under the leadership of his son, Robert O. Wilder, National Forge has Tuesday, August 1, 1995 grown steadily, continuously seizing new op- Mr. STOKES. Mr. Speaker, I rise to pay trib- HON. MICHAEL P. FORBES portunities and enhancing its operations. ute to the 30th anniversary of the Medicare OF NEW YORK National Forge is a northwest Pennsylvania ProgramÐthree decades of commitment, serv- IN THE HOUSE OF REPRESENTATIVES success story, but it is also a company of na- ice, and dedication to providing for the health Tuesday, August 1, 1995 tional significance. An exporter to customers care needs of our Nation's elderly citizens. Mr. FORBES. Mr. Speaker, I rise today to around the world, it is a source of our coun- Signed into law on July 30, 1965, by President give my most heart-felt congratulations to Mr. try's global competitiveness. The award-win- Johnson, the Medicare Program has a rich Carl Everett Vail, Sr., on the occasion of his ning service and products of National Forge history that all Americans can be proud of. 100th birthday. Mr. Vail was born August 12, also contribute to our national defense. In Prior to Medicare only 46 percent of the el- 1895, the son of Floyd Wiggins, a farmer and times of needÐfrom the world wars through derly had health care coverage, as a result of market hunter, and Elizabeth Genin Penny. the gulf warÐthe company was a key supplier Medicare, today 97 percent of the Nation's el- Mr. Vail has served both Long Island and to our Armed Forces, and it remains one derly have health care coverage. this Nation for many years. He volunteered for today. August 1, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 1577 Now, National Forge takes another bold taining to active duty military, veterans and Instrumental in fighting against subse- step forward. the employees look forward to retirees. The Association’s lobbyists began quent military pay reductions and helping the future with a new sense of vigor, and appearing before congressional committees, attain pay raises. defending endangered benefits and support- Influential in getting the Coast Guard’s op- stand ready to face the challenges of the 21st ing progressive programs. erating budget raised. century. During the 1980’s, the Association’s mem- The first military association to provide a I appreciate this opportunity to recognize the bership and influence grew dramatically. network of accredited Veterans Services Of- people of National Forge. With their skill, dedi- NCOA members were now all around the ficers (VSOs) outside the nation’s capital. cation, and confidence they are pursuing the world, in more than 200 chapters. In Wash- The first organization to open a veterans American dream, and I wish them all of the ington, D.C., NCOA lobbyists had become service office on a military installation. best. well known. Based on their list of legislative The first military association to present achievements, NCOA had earned the respect its veterans affairs goals to a congressional f of congressmen and senators. Perhaps one of panel. Instrumental in preserving reemployment CONGRATULATIONS TO NCOA IN their greatest accomplishments came in the mid-1980s, when President Ronald Reagan rights and retired pay eligibility for federal CELEBRATING ITS 35-YEAR ANNI- signed a bill (that had been passed unani- civilian employees who perform extended re- VERSARY mously by both houses of Congress) that serve duty in the Armed Forces. granted a federal charter to NCOA. NCOA’s A major player in getting the Senate to ac- HON. BOB STUMP federal charter was at that time only the cept an increase in coverage for participants 79th authorized by the U.S. Congress. in Servicemen’s Government Life Insurance OF ARIZONA Today, NCOA has members and chapters (SGLI) and Veterans’ Government Life In- IN THE HOUSE OF REPRESENTATIVES worldwide. It employs a full-time team of surance (VGLI). Tuesday, August 1, 1995 registered lobbyists in Washington and pro- In the 1990s, NCOA has: vides a national network of service centers. Successfully fought for enlisted widows to Mr. STUMP. Mr. Speaker, I rise today to NCOA’s job placement assistance and vet- receive benefits equal to officers’ widows congratulate the Non-Commissioned Officers eran service programs have proven to be val- under the Dependency and Indemnity Com- Association of the United States of America uable assets to its members. Through the As- pensation program. [NCOA] in celebrating its 35-year anniversary. sociation’s Certified Merchant Program, Helped persuade Congress to expand the DoD family dental plan. I have enjoyed working with the members of members save dollars through consumer ben- efits and discounts. Successfully pursued legislation that pro- the NCOA and wish them the very best in the tects retirement benefits for NCOs and POs NCOA membership encompasses the entire years to come. I want to share with my col- who have completed 18 years of service, thus enlisted force—active duty, reservists, Na- extending to enlisteds a benefit previously leagues the following article which chronicles tional Guardsmen, veterans and retirees enjoyed only by officers. the history of the association: from all branches of the U.S. armed services. Requested and received the introduction of NCOA CELEBRATES 35 YEARS OF SERVICE TO Moreover, NCOA has committed itself to im- the first enlisted involuntary separation pay MILITARY PERSONNEL, VETERANS, AND RE- proving the lives of others. For instance, proposals considered by Congress, which sub- TIREES chapter members continue to support causes sequently became law. such as Special Olympics, Muscular Dys- SAN ANTONIO, TX, July 29, 1995.—In 1960, Supported the subsequent enactment of trophy Association, the NCOA Medical Trust several retired U.S. servicemembers founded voluntary separation pay for enlisted Fund, the NCOA Scholarship Fund and the the Non-Commissioned Officers Association servicemembers and was successful in efforts NCOA Disaster Relief Fund. (NCOA) as a vehicle for enlisted veterans and to have these benefits extended to the Coast ‘‘NCOA certainly has come a long way in military retirees to discuss military issues. Guard, National Guard and military re- just three and one-half decades,’’ says Jack- Today, the San Antonio-based association serves. has members around the world and is re- son. ‘‘And we have lived up to our motto, Supported the creation of mail-order phar- garded as one of the most influential mili- ‘Strength in Unity,’ by fighting for macies and health care options to serve re- tary organizations in America. servicemembers’ benefits, helping them with tirees at base closure sites. ‘‘NCOA’s lobbyists have successfully de- problems, supporting important programs Successfully supported the creation of the fended military and veterans entitlements and providing unparalleled camaraderie. Si- Troops to Teachers and the Leadership Em- while striving to improve the quality of life multaneously, through our commitment to ployment for Armed Services Personnel for enlisted personnel and their families,’’ benevolent acts, we have made a significant (LEAP) programs to assist veterans and re- says NCOA President Charles R. Jackson, contribution to the civilian community,’’ tirees in gaining employment. MCPO, USN (Ret). ‘‘Additionally, NCOA Jackson adds. ‘‘NCOA also remains the only f members, located on nearly every military national organization exclusively dedicated installation in the U.S. and overseas, have to representing enlisted servicemembers of all branches of the military.’’ IN MEMORY OF WILLIAM ‘‘BOONE’’ made lasting contributions to their commu- DARDEN nities.’’ NCOA’s legislative highlights through the Thirty-five years ago, Army Sergeant years: Major Orville L. Vickers broadened the scope In the 1970s, NCOA was: HON. ALCEE L. HASTINGS of the original vision of NCOA. SGM Vickers The only military association to appear be- OF FLORIDA included active duty enlisteds from all five fore the Veterans Affairs Committee to seek IN THE HOUSE OF REPRESENTATIVES branches in the organizational composition. increases in veterans’ compensation and DIC The new association, SGM Vickers declared, rates. Tuesday, August 1, 1995 would have four primary purposes: fraternal, The first military association to appear be- Mr. HASTINGS of Florida. Mr. Speaker, on social, educational and patriotic. It would fore the House Budget Committee on behalf also provide some commercial benefits and of military personnel (to seek increased sea July 22, Florida lost one of its finest citizens. employment services. pay). I rise today to commemorate the life of com- On September 20, 1960, just three days after One of only two military/veterans organi- munity leader William Darden. Affectionately NCOA’s charter was issued by the state of zations testifying in opposition to law that known as Boone, Mr. Darden had a long and Texas, SGM Vickers officially created NCOA. barred persons in receipt of military retired distinguished career in law enforcement and As the Association’s first president, SGM pay from collecting unemployment com- public service. His career culminated in being Vickers paid his $12 membership dues and pensation. named police chief in his hometown of Riviera the dues of four NCOs who would form the The first military association to suggest Beach, becoming the first African-American board of directors. He also deposited $100 and testify for the opening of individual re- into NCOA’s brand-new bank account. tirement accounts to active duty personnel, police chief of a major city in Florida. Membership grew slowly for the first year which later became law. Born in Atlanta, Mr. Darden began his serv- or two, and was confined primarily to the The first organization to seek a new GI ice to his country as a military policeman in San Antonio area. But within just a few Education Bill for members of the Armed World War II. Following the war, he became years, the word got out about NCOA and the Forces. A bill authored by NCOA was the one of the first African-American policemen Association began to build a sizable member- first of its kind to be introduced in 1979 in hired by the West Palm Beach Police Depart- ship throughout the U.S. and the world. Congress. ment. Throughout his life, he continued open- The 1960s was a period of growth and self- The only military association actively sup- ing doors closed to minorities. When he rose examination for NCOA. Emphasis was placed porting increases in veterans’ burial allow- on public relations, membership recruitment ances, which subsequently became law. to the position of lieutenant, he became the and an exploration of which goals and issues In the 1980s, NCOA was: highest ranking African-American police officer the Association should pursue. Successfully recommended a 17 percent in the South. In 1971, he was called in by Riv- By the 1970s, NCOA had taken its place as targeted pay raise for noncommissioned and iera Beach city leaders to help quell the dev- a leading advocate of personnel issues per- petty officers in 1981. astating violence and calm the atmosphere of E 1578 CONGRESSIONAL RECORD — Extensions of Remarks August 1, 1995 anger created by the integration of public DISENFRANCHISING TENS OF MIL- and low income Americans. Surely, it is im- schools. Using his considerable mediation LIONS OF ELDERLY AND LOW-IN- possible to contemplate implementing posi- skills, Mr. Darden single-handedly brought COME AMERICANS tive reforms such as are envisioned in the peace to his fractured community. He was Committee’s new proposal in the face of such reductions. promptly named police chief of Riviera Beach HON. FORTNEY PETE STARK and set to work cleaning up and revitalizing f OF CALIFORNIA the chaotic police force which at the time was IN THE HOUSE OF REPRESENTATIVES a symbol of racial division. TRIBUTE TO TEMPLE SHIR A model of goodwill and a hero to many Af- Tuesday, August 1, 1995 SHALOM rican-American youth, he was reknown for his Mr. STARK. Mr. Speaker, on July 25, the community work with troubled children. His president of the National Association of Public HON. SANDER M. LEVIN popularity spread across Florida and was Hospitals, Larry Gage, testified before the widely regarded as a major force in State poli- Ways and Means Subcommittee on Health on OF MICHIGAN tics. He was the vice chair of the State Demo- the pending Medicare cuts. IN THE HOUSE OF REPRESENTATIVES cratic Affirmative Action Committee and sub- I'd like to reprint here two paragraphs from Tuesday, August 1, 1995 sequently rose to hold a seat on the national his outstanding statementÐa statement that executive committee of the Democratic Party. every Member should read before voting on Mr. LEVIN. Mr. Speaker, I rise today to rec- Having close ties to the Carter White House, the excessive, destructive Medicare and Med- ognize the dedication of a new home for Tem- Mr. Darden participated in a diplomatic trip to icaid cuts proposed by the budget resolution: ple Shir Shalom of West Bloomfield, MI. Tem- Algeria at the behest of President Carter. After Despite rhetoric to the contrary, these pro- ple Shir Shalom was founded in June 1988 a remarkable rise from patrolman to chief, Mr. grams have achieved their results for the with just 30 committed families. For the past 7 Darden retired in 1983 to devote his time to most part efficiently and economically. Med- years, congregants worshiped in rented space his family. As well as being a respected com- icare in particular has seen provider pay- in an office building at the same time promot- munity leader, Mr. Darden was a devoted fam- ments capped at a growth rate less than in- ing and planning for a permanent home. ily man, and he is survived by his wife, Rose, flation for most of the last decade. And cur- his daughter, Kimberly, two sons, William, Jr., rent projections for growth in the Medicaid Today Temple Shir Shalom is the proud and Darell; and a grandchild, Dominique. program are largely due to demand for long congregation of 650 members, and their new A pioneer, peacemaker, and a dear friend, term care and the growth in the number of home reflects the commitment and diligence of Boone Darden was an exceptional man. Mr. recipients, with the poor elderly being a the entire congregationÐthe clergy, the staff, Speaker, Florida has lost one of its great citi- major factor on both fronts. and the congregants. I commend them on For these reasons, it is simply impossible zens with the passing of William ``Boone'' Dar- their achievement of reaching the day they for most analysts to imagine reducing spend- had looked forward to for so long. den. His courageous life is an inspiration to all ing in these two programs by almost half a of us, and a blueprint of the American dream. trillion dollars over the next seven years To everyone at Temple Shir Shalom, I ex- We can only hope that his life emboldens without destroying both programs and tend every good wish for many, many fruitful those that face their own mountains to climb. disenfranchising tens of millions of elderly years ahead. Tuesday, August 1, 1995 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate passed Energy and Water Appropriations, 1996. House passed Bosnia and Herzegovina Self-Defense bill. Senate (6) Johnston (for Bingaman) Amendment No. Chamber Action 2059, to reduce the energy costs of Federal facilities. Routine Proceedings, pages S11043–S11126 Pages S11093±94 Measures Introduced: Three bills were introduced, (7) Johnston (for Lautenberg/Bradley) Amendment as follows: S. 1099–1101. Page S11107 No. 2060, to provide for the use of funds for the Measures Passed: Tokamak Fusion Test Reactor. Pages S11093±95 (8) Johnston (for Daschle) Amendment No. 2061, Energy and Water Appropriations, 1996: Senate to provide funds for the completion of the feasibility passed H.R. 1905, making appropriations for energy study of alternatives for meeting the drinking water and water development for the fiscal year ending needs on the Cheyenne River Sioux Reservation and September 30, 1996, after agreeing to committee surrounding communities. Pages S11093±95 amendments, and taking action on amendments pro- (9) Johnston (for Baucus) Amendment No. 2062, posed thereto, as follows: Pages S11068±99, S11101±05 Adopted: to provide $2 million for Crow Indian energy re- (1) Domenici (for Reid) Amendment No. 2053 (to source projects. Pages S11093±95 committee amendment on page 23, line 7), relating (10) Johnston (for Byrd) Amendment No. 2063, to the expansion of a facility for the storage of ura- to provide for the revising of a cost ceiling relating nium. Page S11069 to the flood control project for Petersburg, West (2) Jeffords Amendment No. 2054, to increase Virginia. Pages S11093±95 funds for energy research and development of solar (11) Johnston (for Feingold) Amendment No. and renewable energy technologies. Pages S11071±72 2064, to limit funding for the Tennessee Valley Au- Subsequently, the amendment was modified. thority Environmental Research Center. Page S11073 Pages S11093±97 (3) By 62 yeas to 38 nays (Vote No. 347), Bump- (12) Johnston (for Boxer/Baucus) Amendment No. ers Amendment No. 2055, to provide for the termi- 2065, to require the Secretary of the Army to sub- nation of the Gas Turbine-Modular Helium Reactor mit the plan to reduce the number of division offices program. Pages S11073±78 within the Army Corps of Engineers to the Senate (4) Abraham Amendment No. 2056, to repeal au- Committee on Environment and Public Works and thorizations for the Technical Committee on Ver- the House of Representative Committee on Trans- ification of Fissile Material and Nuclear Warhead portation and Infrastructure. Pages S11093±97 Control and the Technical Panel on Magnetic Fu- (13) Domenici (for Hutchison) Amendment No. sion. Pages S11079±80 2066, to provide for the donation of land to the (5) By 83 yeas to 14 nays, 1 responding present Army Corps of Engineers, the development of a (Vote No. 348), Dorgan Amendment No. 2057, to recreation center, and the designation of land for express the sense of the Senate that the Speaker of mitigation. Pages S11097±98 the House should move to appoint conferees on S. (14) Domenici (for Grams/Wellstone) Amendment 4, Line Item Veto immediately, so that the House No. 2067, to provide funds for the Marshall, Min- and Senate may resolve their differences. nesota flood control project. Pages S11097±98 Pages S11080±84 D 959 D 960 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1995 (15) Domenici (for Warner) Amendment No. the United Nations Fourth World Conference on 2068, to provide funds for Virginia Beach erosion Women, to be held in Beijing, China, should pro- control and hurricane protection. Pages S11097±98 mote a representative American perspective on issues (16) Domenici (for Brown) Amendment No. of equality, peace and development. Page S11050 2069, to limit the use of funds for the Delaware Pending: River Basin Commission. Pages S11097±98 Dole Amendment No. 2025, to withhold certain (17) Domenici (for Brown) Amendment No. funds for international conferences if funds were ex- 2070, to limit the use of funds for the Susquehanna pended for U.S. participation in the United Nations River Basin Commission. Pages S11097±98 Fourth World Conference on Women while Harry (18) Domenici (for Gregg/Kempthorne) No. 2071, Wu was being detained in China. Page S11049 to provide funds for electrical and utility systems Helms Amendment No. 2031, to authorize re- upgrade, Idaho Chemical Processing Plant, Idaho duced levels of appropriations for foreign assistance National Engineering Laboratory. Pages S11097±98 programs for fiscal years 1996 and 1997. Page S11049 (19) Domenici (for Pressler/Daschle) Amendment Kerry (for Boxer) Amendment No. 2032 (to No. 2072, to require the Army Corps of Engineers Amendment No. 2025), to express the sense of the to take such actions as are necessary to obtain and Senate regarding the arrest of Harry Wu by the maintain a specified elevation in Lake Traverse, Government of the People’s Republic of China. South Dakota and Minnesota. Pages S11097±99 Page S11049 (20) Domenici (for Dole/Kassebaum) Amendment Helms Amendment No. 2041, to express the No. 2073, to provide funds for the Arkansas City sense of Congress regarding the consolidation and flood control project, Kansas. Pages S11097±99 reinvention of the foreign affairs agencies of the (21) Domenici (for Hatfield) Amendment No. United States. Pages S11049±66 2074, to provide funds to undertake the Coos Bay, Helms Amendment No. 2042 (to Amendment No. 2041), in the nature of a substitute. Oregon project. Pages S11097±99 (22) Wellstone Amendment No. 2075, to estab- Pages S11058±66 lish interim water levels in Rainy Lake and During consideration of the bill today, the follow- ing also occurred: Namakan Lake, Minnesota. Pages S11097±S11110 By 55 yeas to 45 nays (Vote No. 345), three-fifths Rejected: of those Senators duly chosen and sworn not having Grams Amendment No. 2058, to reduce the level voted in the affirmative, Senate failed to close further of funding for the Appalachian Regional Commis- debate on the bill. Pages S11049±50 sion by $40 million. (By 60 yeas to 38 nays (Vote By 55 yeas to 45 nays (Vote No. 346), three-fifths No. 349), Senate tabled the amendment.) of those Senators duly chosen and sworn not having Pages S11088±92 voted in the affirmative, Senate again failed to close Senate insisted on its amendments, requested a further debate on the bill. Page S11067 conference with the House thereon, and the Chair Subsequently, the bill was returned to the Senate appointed the following conferees: Senators Domen- calendar. Page S11068 ici, Hatfield, Cochran, Gorton, McConnell, Bennett, Burns, Johnston, Byrd, Hollings, Reid, Kerrey, and Measure Indefinitely Postponed: Murray. Page S11105 Supplemental Appropriations/Rescissions, 1995: Waiving Congressional Adjournment: Senate Senate indefinitely postponed further consideration of agreed to H. Con. Res. 89, waiving provisions of the S. 617, making additional supplemental appropria- Legislative Reorganization Act of 1970 requiring ad- tions and rescissions for the fiscal year ending Sep- journment of Congress by July 31. Page S11125 tember 30, 1995. Page S11125 Department of State Authorizations: Senate con- Messages From the President: Senate received the tinued consideration of S. 908, to authorize appro- following messages from the President of the United priations for the Department of State for fiscal years States: 1996 through 1999 and to abolish the United States Transmitting the report on the national emer- Information Agency, the United States Arms Control gency with Iraq; referred to the Committee on Bank- and Disarmament Agency, and the Agency for Inter- ing, Housing, and Urban Affairs. (PM–71). national Development, taking action on amendments Pages S11105±06 proposed thereto, as follows: Nominations Received: Senate received the follow- Pages S11049±66, S11067±68 ing nominations: Adopted: Rear Admiral John Carter Albright, National Hutchison Amendment No. 2033 (to Amendment Oceanic and Atmospheric Administration, to be a No. 2025), to express the sense of the Congress that Member of the Mississippi River Commission. August 1, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 961 Bruce W. Greer, of Florida, to be United States Air Act of 1990 (P.L. 101–549), relating to Federal District Judge for the Southern District of Florida. operating permits which require industries to com- Page S11126 ply with certain pollution control requirements, after Messages From the President: Pages S11105±06 receiving testimony from Mary Nichols, Assistant Administrator, Office of Air and Radiation, and Ste- Messages From the House: Pages S11106±07 ven Herman, Assistant Administrator, Office of En- Measures Referred: Page S11107 forcement and Compliance Assurance, both of the Statements on Introduced Bills: Pages S11107±09 Environmental Protection Agency; David Hawkins, Natural Resources Defense Counsel, Washington, Additional Cosponsors: Pages S11109±10 D.C.; Paul J. Eisele, Masco Corporation, Taylor, Amendments Submitted: Pages S11110±22 Michigan, on behalf of the American Furniture Asso- Authority for Committees: Page S11122 ciation; Richard Wimbish, Techform, Incorporated, Additional Statements: Pages S11123±25 Mount Airy, North Carolina, on behalf of the Soci- ety of the Plastics Industry, Inc.; Jeff Saitas, Texas Record Votes: Five record votes were taken today. Natural Resource Conservation Commission, Austin; (Total–349) Robert Hodanbosi, Ohio Environmental Protection Pages S11049±50, S11067, S11078, S11084, S11091±92 Agency, Columbus; and Dan V. Bartosh, Jr., Dallas, Recess: Senate convened at 9:30 a.m., and recessed Texas, on behalf of Texas Instruments Corporation at 8:43 p.m., until 9 a.m., on Wednesday, August and the Air Implementation Reform Coalition. 2, 1995. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s RECORD on INTERNATIONAL TRADE ISSUES page S11126.) Committee on Finance: Subcommittee on International Trade held hearings to examine various international Committee Meetings trade issues, focusing on granting most-favored-na- tion (MFN) tariff status to Cambodia and the perma- (Committees not listed did not meet) nent extension of MFN tariff status to Bulgaria, pro- BUDGET REVIEW posed legislation to authorize funds for the General- Committee on the Budget: Committee concluded hear- ized System of Preferences program, and the Admin- ings on the mid-session review of the 1996 budget, istration’s fiscal year 1996 budget requests for the focusing on the Administration’s proposal to reduce Office of the United States Trade Representative, the the Federal deficit and facilitate economic growth, United States International Trade Commission, and after receiving testimony from Alice M. Rivlin, Di- the United States Customs Service, receiving testi- rector, Office of Management and Budget. mony from Senator McCain; Charlene Barshefsky, Deputy United States Trade Representative; Vincette DEPARTMENT OF COMMERCE FUTURE L. Goerl, Assistant Commissioner, Office of Finance, Committee on Commerce, Science, and Transportation: and Chief Financial Officer, United States Customs Committee concluded hearings to examine the future Service, Department of the Treasury; Peter S. Wat- of the Department of Commerce, after receiving tes- son, Chairman, United States International Trade timony from Ronald H. Brown, Secretary of Com- Commission; William J. Cunningham, AFL–CIO, merce; Edward Hudgins, CATO Institute, and Su- Washington, D.C.; Ronald L. Parrish, Tandy Cor- zanne Iudicello, Center for Marine Conservation, poration, Forth Worth, Texas; and John L. Smith, both of Washington, D.C.; Sergio Mazza, American Amsurco Incorporated, Mendham, New Jersey. National Standards Institute, New York, New York; Hearings were recessed subject to call. Richard Gowen, South Dakota School of Mines and Technology, Rapid City; Robert W. Cross, NOMINATIONS Nanophase Technologies Corporation, Burr Ridge, Illinois; and Gary W. Jones, FED Corporation, Committee on Foreign Relations: Committee concluded Hopewell Junction, New York. hearings on the nominations of William H. Courtney, of West Virginia, to be Ambassador to OPERATING PERMITS PROVISIONS OF the Republic of Georgia, James F. Collins, of Illi- CLEAN AIR ACT nois, to be Ambassador at Large and Special Advisor Committee on Environment and Public Works: Sub- to the Secretary of State for the New Independent committee on Clean Air, Wetlands, Private Prop- States, Joseph A. Presel, of Rhode Island, for the erty, and Nuclear Safety concluded oversight hear- rank of Ambassador during his tenure of service as ings on the implementation of Title V of the Clean Special Negotiator for Nagorno-Karabakh, Stanley T. D 962 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1995 Escudero, of Florida, to be Ambassador to the Re- ANNUAL REFUGEE CONSULTATION public of Uzbekistan, and Lee F. Jackson, of Massa- Committee on the Judiciary: Subcommittee on Immi- chusetts, to be United States Director of the Euro- gration concluded hearings to examine the Presi- pean Bank for Reconstruction and Development, dent’s fiscal year 1996 budget request for refugee ad- after the nominees testified and answered questions missions, after receiving testimony from Peter in their own behalf. Mr. Collins was introduced by Tarnoff, Undersecretary of State for Political Affairs. Senator Simon. WHITEWATER HOUSING FOR OLDER PERSONS ACT Special Committee to Investigate the Whitewater Develop- Committee on the Judiciary: Subcommittee on Constitu- ment Corporation and Related Matters: Committee re- tion, Federalism, and Property Rights concluded sumed hearings to examine issues relative to the hearings on H.R. 660, to amend the Fair Housing President’s involvement with the Whitewater Devel- Act to modify the exemption from certain familial opment Corporation, focusing on certain events fol- status discrimination prohibitions granted to housing lowing the death of Deputy White House Counsel for older persons, after receiving testimony from Sen- Vincent Foster, receiving testimony from Deborah L. ator Kyl; Stuart Ishimaru, Counsel to the Assistant Gorham, Assistant to Associate Counsel to the Presi- Attorney General on Civil Rights, Department of dent, former Executive Assistant to the Deputy Justice; Sara K. Pratt, Director of Investigations, Of- Counsel to the President; Linda R. Tripp, Deputy fice of Fair Housing and Equal Opportunity, Depart- Director, Joint Civilian Orientation Conference, ment of Housing and Urban Development; Vice United States Department of Defense, former Execu- Mayor Laurie Van Ardale, Hemet, California; Bill tive Assistant to the Counsel to the President; and Williams, Federation of Mobile Home Owners of Robert E. Langston, Chief, Charles W. Hume, Cap- Florida, Inc., Largo, Florida; Kristian Jensen, Jen- tain, and Peter W. Markland, Sergeant, all of the sen’s Incorporated, Southington, Connecticut; and United States Park Police, National Park Service, James B. Morales, National Center for Youth Law, Department of the Interior. San Francisco, California. Hearings continue tomorrow. h House of Representatives H. Res. 207, providing for the consideration of Chamber Action H.R. 1555, to promote competition and reduce reg- Bills Introduced: 11 public bills, H.R. 2148–2158, ulation in order to secure lower prices and higher were introduced. Page H8174 quality services for American telecommunications Reports Filed: Reports were filed as follows: consumers and encourage the rapid deployment of H.R. 1225, to amend the Fair Labor Standards new telecommunications technologies (H. Rept. Act of 1938 to exempt employees who perform cer- 104–223); and tain court reporting duties from compensatory time H. Res. 208, providing for consideration of H.R. requirements applicable to certain public agencies, 2127, making appropriations for the Departments of amended (H. Rept. 104–219); Labor, Health and Human Services, and Education, H.J. Res. 102, disapproving the recommendations and related agencies, for the fiscal year ending Sep- of the Defense Base Closure and Realignment Com- tember 30, 1996 (H. Rept. 104–224). mission (H. Rept. 104–220); Pages H8173±74 H. Res. 206, waiving points of order against the Speaker Pro Tempore: Read a letter from the conference report to accompany H.R. 1854, making Speaker wherein he designates Representative appropriations for the Legislative Branch for the fis- Clinger to act as Speaker pro tempore for today. cal year ending September 30, 1996 (H. Rept. Page H8069 104–221); Recess: House recessed at 9:47 a.m. and reconvened H.R. 1670, to revise and streamline the acquisi- at 10 a.m. Page H8074 tion laws of the Federal Government and to reorga- nize the mechanisms for resolving Federal procure- Bosnia and Herzegovina Self-Defense Act: By a ment disputes, amended (H. Rept. 104–222, Part 1); yea-and-nay vote of 298 yeas to 128 nays, Roll No. August 1, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 963 608, the House passed S. 21, to terminate the Unit- mentation and Enforcement of the Clean Air Act ed States arms embargo applicable to the Govern- Amendments of 1990. Testimony was heard from ment of Bosnia and Herzegovina—clearing the meas- Robert Watson, Associate Director, Environment, ure for the President. Pages H8076±H8122 Office of Science and Technology Policy; Mary D. H. Res. 204, the rule under which the bill was Nichols, Assistant Administrator, Air and Radiation, considered, was agreed to earlier by voice vote. EPA; Ambassador William Milam, Special Nego- Pages H8076±84 tiator, Bureau for Oceans and International Environ- Fair Labor Standards Amendments: House passed mental and Scientific Affairs, Department of State; H.R. 1225, to amend the Fair Labor Standards Act Larry Elworth, Special Assistant Pesticide Policy, of 1938 to exempt employees who perform certain Natural Resources and Environment, USDA; and reporting duties from the compensatory time re- public witnesses. quirements applicable to certain public agencies. OVERSIGHT Pages H8122±23 Agreed to the committee amendment in the na- Committee on Government Reform and Oversight: ture of a substitute. Page H8123 Subcomittee on Government Management, Informa- tion, and Technology held an oversight hearing on Late Report: Committee on Government Reform the Inspector General Act. Testimony was heard and Oversight received permission to have until from the following officials of the President’s Coun- midnight tonight to file reports on H.R. 1670, to cil on Integrity and Efficiency (PCIE): June Gibbs revise and streamline the acquisition laws of the Fed- Brown, Vice Chair and Inspector General, Depart- eral Government, and to reorganize the mechanisms ment of Health and Human Services; Hubert Sparks, for resolving Federal procurement disputes and H.R. Vice Chair, Executive Council and Inspector General, 2108, District of Columbia Convention Center and Appalachian Regional Commission; Valerie Lau, Sports Arena Authorization Act of 1995. Page H8123 Chairman, Audit Committee and Inspector General, Presidential Message—Iraqi National Emergency: Department of the Treasury; and William Esposito, Read a message from the President wherein he re- Chairman, Integrity Committee and Deputy Assist- ports on the developments concerning the national ant Director, Criminal Investigative Division, FBI, emergency with respect to Iraq—referred to Com- Department of Justice; Frank DeGeorge, Inspector mittee of International Relations and ordered printed General, Department of Commerce; and public wit- (H. Doc. 104–106). Pages H8126±27 nesses. Senate Messages: Message received from the Senate OVERSIGHT today appears on page H8075. Committee on Government Reform and Oversight: Sub- Amendments Ordered Printed: Amendments or- committee on Human Resources and Intergovern- dered printed pursuant to the rule and appear on mental Relations and the Subcommittee on National pages H8175–77. Economic Growth, Natural Resources, and Regu- Quorum Calls—Votes: One yea-and-nay vote de- latory Affairs held a joint oversight hearing on veloped during the proceedings of the House today FDA’s Regulation of Medical Devices, including the and appears on pages H8121–22. There were no Status of Breast Implants. Testimony was heard from quorum calls. Representatives Traficant and Ganske; the following Adjournment: Met at 9 a.m. and adjourned at 9:23 officials of the FDA, Department of Health and p.m. Human Services: David A. Kessler, Commissioner; and D. Bruce Burlington, Director, Center for De- vices and Radiological Health; former Representative Committee Meetings Marilyn Lloyd, State of Tennessee; and public wit- TRANSFORMATION OF THE MEDICAID nesses. PROGRAM GOVERNMENT PRINTING REFORMS Committee on Commerce: Subcommittee on Health and Environment concluded hearings on the Trans- Committee on House Oversight: Held a hearing on Gov- formation of the Medicaid Program. Testimony was ernment Printing Reforms. Testimony was heard heard from public witnesses. from Representatives Klug and Dunn of Washing- ton; the following officials of GPO: Michael CLEAN AIR ACT AMENDMENTS— DiMario, Public Printer; and Wayne Kelley, Super- IMPLEMENTATION AND ENFORCEMENT intendent of Documents; Sally Katzen, Adminis- Committee on Commerce: Subcommittee on Oversight trator, Office of Information and Regulatory Affairs, and Investigations continued hearings on the Imple- OMB; and public witnesses. D 964 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1995 EXAMINATION OF THE CIENFUEGOS H.R. 1555, Communications Act of 1995. The rule NUCLEAR PLANT IN CUBA waives section 302(f) (prohibiting consideration of Committee on International Relations: Subcommittee on legislation which exceeds a committee’s allocation of Western Hemisphere Affairs held a hearing to exam- new budget authority) of the Budget Act against ine the Cienfuegos Nuclear Plant in Cuba. Testi- consideration of the bill. The rule makes in order as mony was heard from Representative Deutsch; Rich- an original bill for the purpose of amendment the ard Stratford, Director, Office of Nuclear Affairs, De- amendment in the nature of a substitute rec- partment of State; Keith Fultz, Assistant Comptrol- ommended by the Committee on Commerce and ler General, Resources, Community and Economic provides that the amendment be considered as read. Development, GAO; and public witnesses. The rule waives clause 5(a) of rule XXI (prohibiting OVERSIGHT—WACO appropriations in an authorization bill) and section 302(f) (prohibiting consideration of legislation which Committee on the Judiciary: Subcommittee on Crime exceeds a committee’s allocation of new budget au- and the Subcommittee on National Security, Inter- thority) of the Budget Act against the Committee national Affairs, and Criminal Justice of the Com- amendment. The rule provides first for the consider- mittee on Government Reform and Oversight con- ation, prior to consideration of any other amend- cluded joint oversight hearings on Federal Law En- ment, of the amendment printed in Part 1 of the forcement Actions in Relation to the Branch Rules Committee report; only by a Member des- Davidian Compound in Waco, Texas. Testimony was heard from Janet Reno, Attorney General, Depart- ignated in the report; debatable for 30 minutes, ment of Justice. equally divided between a proponent and an oppo- nent; and provides that the amendment be consid- BUDGET RECONCILIATION ered as read. The rule provides that the amendment RECOMMENDATIONS shall not be subject to amendment or to a demand Committee on National Security: Ordered reported for a division of the question in the House or in the Budget reconciliation recommendations. Committee of the Whole. The rule provides that if BUREAU OF LAND MANAGEMENT that amendment is adopted, the provisions of the TRANSFER bill, as amended, shall be considered as the original bill for the purpose of further amendment under the Committee on Resources: Subcommittee on National five-minute rule. The rule makes in order only those Parks, Forests and Lands held a hearing on H.R. amendments printed in Part 2 of the Rules Commit- 2032, to transfer the lands administered by the Bu- tee report, in the order specified; by Members des- reau of Land Management to the State in which the ignated in the report; debatable for the time speci- lands are located. Testimony was heard from Senator Thomas; Representative Skeen; the following officials fied in the report, equally divided between a pro- of the Department of the Interior: Bonnie Cohen, ponent and an opponent; and provides for amend- Assistant Secretary, Policy Management and Budget; ments to be considered as read. The rule provides John D. Leshy, Solicitor; and Maitland Sharpe, As- that amendments shall not be subject to amendment sistant Director, Resource Assessment and Planning, (except as otherwise specified in the report) or to a Bureau of Land Management; Walter D. Bradley, Lt. demand for a division of the question in the House Gov., State of New Mexico; Jim Magagna, State or in the Committee of the Whole. The rule waives Land Commissioner, State of Wyoming; and public all points of order against amendments printed in witnesses. the report. The rule permits the Chairman of the Committee of the Whole to postpone and cluster CONFERENCE REPORT—LEGISLATIVE votes on amendments. The rule provides one motion BRANCH APPROPRIATIONS to recommit, with or without instructions. Committee on Rules: Granted, by voice vote, a rule The rule provides for the consideration of S. 652 waiving all points of order against the conference re- in the House, waives points of order against the Sen- port to accompany H.R. 1854, making appropria- ate bill and against its consideration. The rule allows tions for the Legislative Branch for the fiscal year for a motion to strike all after the enacting clause ending September 30, 1996, and against its consid- of S. 652 and insert in lieu thereof the provisions of eration. Testimony was heard from Representatives H.R. 1555 as passed by the House, and waives all Packard and Fazio. points of order against that motion. Finally, the rule COMMUNICATIONS ACT OF 1995 allows for a motion that the House insist on its Committee on Rules: Granted, by voice vote, a modi- amendments to S. 652 and request a conference with fied closed rule providing 90 minutes of debate on the Senate. August 1, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 965 LABOR–HHS–EDUCATION eign Operations, DEA, Department of Justice; Jo- APPROPRIATIONS seph Kelly, Director, International Affairs Issues, Committee on Rules: Granted an open rule providing GAO; Harvey G. Pothier, Deputy Assistant Com- one hour of general debate on H.R. 2127, making missioner, Office of Aviation Operations, U.S. Cus- appropriations for the Departments of Labor, Health toms Service, Department of the Treasury; Brian E. and Human Services, and Education, and related Sheridan, Deputy Assistant Secretary, Enforcement agencies, for the fiscal year ending September 30, Policy and Support, Department of Defense; John 1996. The rule provides first for the consideration of Walters, former Deputy Director, Supply Reduction, two (manager’s) amendments printed in part 1 of the Office of National Drug Control Policy; and Wil- Rules Committee report, which are considered as liam Olson, former Deputy Assistant Secretary, De- read, are not subject to amendment or to a division partment of State. of the question, and are debatable for 10 minutes f each divided between the proponent and an oppo- nent. If adopted, the amendments are considered as COMMITTEE MEETINGS FOR part of the base text for further amendment pur- WEDNESDAY, AUGUST 2, 1995 poses. The rule provides for the reading of the bill (Committee meetings are open unless otherwise indicated) by title rather than by paragraph, with each title considered as read. The rule waives clause 2 of rule Senate XXI (prohibiting unauthorized and legislative provi- Committee on Appropriations, Subcommittee on Transpor- sions) and clause 6 of rule XXI (prohibiting reappro- tation, business meeting, to mark up H.R. 2002, making priations) against provisions in the bill. The rule appropriations for the Department of Transportation and provides for consideration at any time during the related agencies for the fiscal year ending September 30, reading of the bill for amendment of amendments 1996, 3:30 p.m., S–128, Capitol. printed in part 2 of the report on the rule if offered Committee on Commerce, Science, and Transportation, Sub- committee on Aviation, to hold hearings to examine pro- by the Member designated. The amendment shall be posals to reform the operation of the Federal Aviation considered as read, debatable for the time specified, Administration (FAA), 2:30 p.m., SR–253. and shall not be subject to amendment, except as Committee on Energy and Natural Resources, business specified in the report, or to a division. The rule meeting, to consider the nomination of John Raymond waives all points of order against amendments print- Garamendi, of California, to be Deputy Secretary of the ed in the report. The rule authorizes the Chair to ac- Interior; to be followed by hearings to discuss leasing of cord priority in recognition to Members who have the Arctic oil reserve located on the coastal plain of the pre-printed their amendments in the CONGRES- Arctic National Wildlife Refuge for oil and gas explo- SIONAL RECORD. Finally, the rule provides one mo- ration and production and the inclusion of the leasing tion to recommit with or without instructions. revenues in the Budget Reconciliation, 9 a.m., SD–366. Committee on Environment and Public Works, business ETHICS INVESTIGATION meeting, to consider pending calendar business, 10 a.m., Committee on Standards of Official Conduct: Met in ex- SD–406. Subcommittee on Clean Air, Wetlands, Private Prop- ecutive session to continue to take testimony regard- erty, and Nuclear Safety, to resume oversight hearings on ing the ethics investigation of Speaker Gingrich. implementation of section 404 (relating to wetlands) of Testimony was heard from Rupert Murdock, Chief the Clean Water Act, 2 p.m., SD–406. Executive, News Corporation; and James Fox, Gen- Committee on Finance, Subcommittee on Social Security eral Counsel, Harper/Collins Publishers, Inc. and Family Policy, to hold hearings on the impact of pri- vatization proposals on the Social Security Old Age and OCEAN SHIPPING REFORM ACT; COAST Survivors Insurance Trust Fund, 9:30 a.m., SD–215. GUARD DRUG INTERDICTION MISSION Committee on Governmental Affairs, to hold hearings on Committee on Transportation and Infrastructure: Sub- the nominations of Jacob J. Lew, of New York, to be committee on Coast Guard and Maritime Transpor- Deputy Director of the Office of Management and Budg- tation approved for full Committee approved for full et, Jerome A. Stricker, of Kentucky, and Sheryl R. Mar- Committee action amended the Ocean Shipping Re- shall, of Massachusetts, each to be a Member of the Fed- form Act of 1995. eral Retirement Thrift Investment Board, William H. LeBlanc III, of Louisiana, to be a Commissioner of the The Subcommittee also held a hearing on the Postal Rate Commission, and Beth Susan Slavet, of Mas- Coast Guard Drug Interdiction Mission. Testimony sachusetts, to be a Member of the Merit Systems Protec- was heard from Lee Brown, Director, Office of Na- tion Board., 9 a.m., SD–342. tional Drug Control Policy; Adm. Robert Kramek, Subcommittee on Post Office and Civil Service, to hold USCG, Commandant, U.S. Coast Guard, Depart- hearings to review the annual report of the Postmaster ment of Transportation; Robert Nieves, Chief, For- General, 9:30 a.m., SD–342. D 966 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1995

Committee on the Judiciary, Subcommittee on Adminis- Committee on National Security, hearing on acquisition trative Oversight and the Courts, to hold hearings on reform, 9:30 a.m., 2118 Rayburn. proposed legislation authorizing funds for the Adminis- Committee on Resources, to mark up the following bills: trative Conference, 9:30 a.m., SD–226. H.R. 1743, to amend the Water Resources Research Act Subcommittee on Constitution, Federalism, and Prop- of 1964 to extend the authorization of appropriations erty Rights, business meeting, to mark up H.R. 660, to through fiscal year 2000; H.R. 238, Ozark Wild Horses amend the Fair Housing Act to modify the exemption Protection Act; H.R. 1745, Utah Public Lands Manage- from certain familial status discrimination prohibitions ment Act of 1995; and H.R. 1508, to require the transfer granted to housing for older persons, 2 p.m., SD–226. of title to the District of Columbia of certain real prop- Committee on Labor and Human Resources, business meet- erty in Anacostia Park to facilitate the construction of ing, to mark up S. 1028, to provide increased access to National Children’s Island, a cultural, educational, and health care benefits, to provide increased portability of family-oriented park, 11 a.m., 1324 Longworth. health care benefits, to provide increased security of Committee on Small Business, Subcommittee on Govern- health care benefits, and to increase the purchasing power ment Programs, hearing to review the efforts of some to of individuals and small employers, S. 593, to authorize promote ‘‘sole source’’ bid requirements in government the export of new drugs, and proposed legislation to au- contracts, 10 a.m., 2359 Rayburn. thorize funds for programs of the Substance Abuse and Subcommittee on Taxation and Finance, to continue Mental Health Services Act, 9:30 a.m., SD–430. hearings on the need to clarify the status of independent Committee on Indian Affairs, to hold oversight hearings on the implementation of the Indian Tribal Justice Act contractors, with discussion of the following bills: H.R. (P.L. 103–176), 9:30 a.m., SR–485. 1972, Independent Contractors Tax Simplification Act of Select Committee on Intelligence, to hold closed hearings on 1995; and H.R. 582, Independent Contractors Tax Fair- intelligence matters, 2 p.m., SH–219. ness Act of 1995, 2 p.m., 2359 Rayburn. Special Committee To Investigate Whitewater Development Committee on Standards of Official Conduct, executive, to Corporation and Related Matters, to continue hearings to consider pending business, 10:30 a.m., HT–2M Capitol. examine issues relative to the President’s involvement Committee on Transportation and Infrastructure, to mark with the Whitewater Development Corporation, focusing up the following: H.R. 2145, Economic Development on certain events following the death of Deputy White Partnership Act of 1995; Ocean Shipping Act of 1995; House Counsel Vincent Foster, 9:30 a.m., SH–216. and H.R. 1788, Amtrak Reform and Privatization Act of 1995, 1 p.m., 2167 Rayburn. House Committee on Veterans’ Affairs, Subcommittee on Edu- Committee on Appropriations, Subcommittee on Interior, cation, Training, Employment and Housing, hearing on on Fish and Wildlife Service Law Enforcement, 9:30 a.m., the following: H.R. 1941, to amend title 38, United B–308 Rayburn. States Code, to make clarifying and technical amend- Committee on Banking and Financial Services, Subcommit- ments to further clarify the employment and reemploy- tee on Financial Institutions and Consumer Credit, hear- ment rights and responsibilities of members of the uni- ing on the financial condition of the Bank Insurance formed services, as well as those of the employer commu- Fund (BIF) and the Savings Association Insurance Fund nity; legislation on the Housing Loan Programs and Vet- (SAIF) and proposals to merge the banking thrift indus- erans Small Business, and a discussion on LVER/DVOP tries, 10 a.m., 2128 Rayburn. (Local Veterans Employment Representative/Disabled Committee on Commerce, to mark up H.R. 1020, Inte- Veterans Outreach Program Specialist), 9 a.m., 334 Can- grated Spent Nuclear Fuel Management Act of 1995, 10 non. a.m., 2123 Rayburn. Committee on Ways and Means, Subcommittee on Trade, Committee on International Relations, hearing on overview to mark up the following: Trade Agreements Authority of U.S. Policy in the Middle East, 10 a.m., 2172 Ray- Act; and technical corrections and miscellaneous trade burn. proposals legislation, 10 a.m., 1100 Longworth. Subcommittee on International Operations and Human Permanent Select Committee on Intelligence, executive, brief- Rights, hearing on the Beijing conference on Women, 2 ing on the Department of Justice Inspector General Re- p.m., 2172 Rayburn. port on Guatemala, 2 p.m., H–405 Capitol. August 1, 1995 CONGRESSIONAL RECORD—DAILY DIGEST D 967

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 4 through July 31, 1995 January 4 through July 31, 1995 Senate House Total Civilian nominations, totaling 312, disposed of as follows: Days in session ...... 124 105 . . Confirmed ...... 157 ′ ′ Time in session ...... 1109 hrs., 20 944 hrs., 10 . . Unconfirmed ...... 153 Congressional Record: Withdrawn ...... 2 Pages of proceedings ...... 11,042 8,068 . . Extensions of Remarks ...... 1,569 . . Public bills enacted into law ...... 11 9 . . Civilian nominations (FS, PHS, CG, NOAA), totaling 1,006, disposed Private bills enacted into law ...... 0 . . . . of as follows: Bills in conference ...... 7 2 . . Confirmed ...... 805 Measures passed, total ...... 172 221 . . Unconfirmed ...... 201 Senate bills ...... 33 14 . . House bills ...... 19 84 . . Senate joint resolutions ...... 2 . . . . Air Force nominations, totaling 10,235, disposed of as follows: House joint resolutions ...... 0 3 . . Confirmed ...... 10,202 Senate concurrent resolutions ...... 5 2 . . Unconfirmed ...... 33 House concurrent resolutions ...... 12 16 . . Simple resolutions ...... 101 102 . . Measures reported, total ...... *141 *206 . . Army nominations, totaling 8,110, disposed of as follows: Senate bills ...... 97 4 . . Confirmed ...... 8,076 House bills ...... 14 120 . . Unconfirmed ...... 34 Senate joint resolutions ...... 3 . . . . House joint resolutions ...... 2 5 . . Senate concurrent resolutions ...... 3 . . . . Navy nominations, totaling 7,233, disposed of as follows: House concurrent resolutions ...... 0 3 . . Confirmed ...... 6,265 Simple resolutions ...... 22 74 . . Unconfirmed ...... 968 Special reports ...... 13 4 . . Conference reports ...... 0 8 . . Measures pending on calendar ...... 108 37 . . Marine Corps nominations, totaling 2,766, disposed of as follows: Measures introduced, total ...... 1,315 2,546 . . Confirmed ...... 2,557 Bills ...... 1,098 2,147 . . Unconfirmed ...... 208 Joint resolutions ...... 37 105 . . Withdrawn ...... 1 Concurrent resolutions ...... 22 89 . . Simple resolutions ...... 158 205 . . Summary Quorum calls ...... 3 14 . . Yea-and-nay votes ...... 344 144 . . Total nominations received this session ...... 29,662 Recorded votes ...... 449 . . Total confirmed ...... 28,062 Bills vetoed ...... 0 1 . . Total unconfirmed ...... 1,597 Vetoes overridden ...... 0 . . . . Total withdrawn ...... 3

* These figures include all measures reported, even if there was no accom- panying report. A total of 125 reports has been filed in the Senate; a total of 218 reports has been filed in the House. D 968 CONGRESSIONAL RECORD — DAILY DIGEST August 1, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, August 2 10 a.m., Wednesday, August 2

Senate Chamber House Chamber Program for Wednesday: Senate will begin consider- Program for Wednesday and the balance of the ation of S. 1026, Department of Defense Authorizations. week: Complete consideration of H.R. 2126, Defense Appropriations for fiscal year 1996; Consideration of H.R. 2127, Labor–HHS–Education Appropriations for fiscal year 1996 (open rule, 1 hour of general debate); and H.R. 1555, Communications Act of 1995 (modified closed rule, 90 minutes of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E1577 Rogers, Harold, Ky., E1575 Levin, Sander M., Mich., E1578 Stark, Fortney Pete, Calif., E1578 Borski, Robert A., Pa., E1574 Maloney, Carolyn B., N.Y., E1574 Stokes, Louis, Ohio, E1576 Clinger, William F., Jr., Pa., E1573, E1576 Markey, Edward J., Mass., E1571 Stump, Bob, Ariz., E1577 Forbes, Michael P., N.Y., E1573, E1576 Mink, Patsy T., Hawaii, E1573 Taylor, Charles H., N.C., E1575 Frelinghuysen, Rodney P., N.J., E1573 Pombo, Richard W., Calif., E1575

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