March 5, 1993 CONGRESSIONAL RECORD-SENATE 4293 SENATE-Friday, March 5, 1993

(Legislative day of Wednesday, March 3, 1993)

The Senate met at 8:45 a.m., on the will now be a period for the transaction be those who seem to believe that the expiration of the recess, and was called of morning business, not to extend be­ defense budget can bear all of the budg­ to order by the Honorable J. JAMES yond the hour of 9:20 a.m. with Sen­ et cuts, and that we can get the deficit EXON , a Senator from the State of ators permitted to speak therein for under control if only we would cut the Nebraska. not to exceed 5 minutes. cold war defense budget. The Chair is pleased to recognize the I am astounded when I hear people PRAYER Senator from Georgia [Mr. NUNN] to talk as if the defense budget has not The Chaplain, the Reverend Richard speak for up to 30 minutes. been cut, because they obviously do C. Halverson, D.D., offered the follow­ The Senator from Georgia. not know the facts. The Defense De­ ing prayer: partment is in the midst of a massive Let us pray: build down. The defense budget has Gracious Father in Heaven, this THE CLINTON ADMINISTRATION DEFENSE BUDGET been cut steadily since 1985. Back in morning we pray for our families. The the summer of 1990, as the Warsaw psalmist writes, "God setteth the soli­ Mr. NUNN. Mr. President, I thank Pact was collapsing, Congress and the tary in families * * *." (Psalm 68:6) In the Chair. I am particularly pleased Bush administration entered into a every culture, the family is the basic this morning that the Chair is occupied long series of discussions on future lev­ unit of the social order. As goes the by the Senator from Nebraska who is a els of defense spending. The defense family, so goes society. In this day of key member of the Senate Armed Serv­ budget was cut sharply at that time, the dysfunctional family, infuse leader­ ices Committee and a key member of and since then, it has been cut even ship with a strong sense of obligation the Senate Budget Committee, because more during the Bush administration. to their families. the subject I will address this morning, Mr. President, I ask unanimous con­ So often, Lord, the family is hostage Mr. President, relates to the defense sent to have printed in the RECORD at to the Senate schedule. Spouses and budget and its overall role in deficit re­ this point a chart showing the 5-year children far too often suffer the ab­ duction. sence of the one in leadership. The des­ reductions from the defense budget Mr. President, I have tremendous re­ since the budget summit agreement in tiny of children is determined by the gard for the C-SPAN audience, having family, and this is preeminently true 1990. communicated with many of them over There being no objection, the mate­ when outside interests take priority to a period of time and, with that high re­ family concerns. Grant, dear Father, rial was ordered to be printed in the gard, I want to start off this morning RECORD, as follows: that the Senators will find time for by issuing what I would call a parental family this weekend. May it be a time guide bulletin. This speech is going to FISCAL YEAR 1993-97 5-YR DEFENSE SPENDING for healing and reconciliation. be dry, horing, and uninteresting. It is REDUCTIONS FROM BUDGET SUMMIT BASELINE We pray in His name who is Incar­ going to be important, very important, [Budget authority in billions of dollars] nate Love. Amen. but it is going to be boring. 5-yr fiscal So to all those who may be listening, year 1993-97 APPOINTMENT OF ACTING it may be time to switch your dial to Total reduction from PRESIDENT PRO TEMPORE " Mr. Rogers' Neighborhood" or some baseline The PRESIDING OFFICER. The other program. But this is an impor­ Pre-budget summ it ba seline (last cold war base- tant subject. It -is enormously impor­ line) Ju ly, 1990 ...... $1 ,810 ...... :::'325 clerk will please read a communication Budget summit agreement ...... 1.485 to the Senate from the President pro tant, and I think it has to be addressed. Bush budget proposals .. ... 1.425 -386 Mr. President, 2 weeks ago President Clinton 1994 budget proposal ...... 1.301 -509 tempore [Mr. BYRD]. Clinton delivered his economic address The assistant legislative clerk read Mr. NUNN. Mr. President, for the 5- the following letter: to a joint session of the Congress and to the American public. I have com­ year period fiscal year 1993 through fis­ U.S. SENATE, cal year 1997, the defense budget was PRESIDENT PRO TEMPORE, mended the President for his courage Washington, DC, March 5, 1993. in sending us a budget that, for the being cut by $386 billion by the Bush To the Senate: first time in years, honestly faces up to administration. President Clinton's Under the provisions of rule I, section 3, of the threat we face in this country with budget proposals would cut it an addi­ the Standing Rules of the Senate, I hereby the massive budget deficits that lie be­ tional $123 billion. We need to have this appoint the Honorable J. JAMES EXON, a Sen­ fore us. I believe Americans share the in mind as the starting point and the ator from the State of Nebraska, to perform President's conviction that a fair shar­ context for our analysis. The defense the duties of the Chair. ing of sacrifice is an acceptable price budget is being cut sharply. Those who ROBERT C. BYRD, claim that Defense has not been sub­ President pro tempore. to pay to bring these deficits under control. President Clinton is willing to stantially reduced since the end of the Mr. EXON thereupon assumed the cold war are flat out wrong. chair as Acting President pro tempore. be candid with the American people, and we all have to play a responsible DEFENSE IS ONLY PART OF BUDGET CARRYING role in developing a comprehensive so­ ITS FAIR SHARE OF BUDGET SUMMIT CUTS RESERVATION OF LEADER TIME lution to our collective budgetary Mr. President, I believe that defense The ACTING PRESIDENT pro tem­ problems. must contribute its fair share to deficit pore. Under the previous order, the NATIONAL DEFENSE PORTION OF THE BUDGET reduction, consistent with the threats leadership time is reserved. REQUEST that we now face in the world. No The defense budget, based on changes doubt these threats are diminished. in the world, has been and will con­ But for the last several years, defense MORNING BUSINESS tinue to play a big role in deficit reduc­ has been the only part of the budget The ACTING PRESIDENT pro tem­ tion, at least for the next several where we have achieved any significant pore. Under the previous order, there years. Unfortunately, there continue to deficit reduction.

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 4294 CONGRESSIONAL RECORD-SENATE March 5, 1993 The budget summit agreement in 1990 overall reduction of $122.6 billion. I am cut out a total of $7.4 billion below the was supposed to produce $500 billion in going to take a few minutes this morn­ Bush baseline for fiscal year 1993. We deficit reductions by 1995. But the re- ing to discuss each of them. thought last year that this $7.4 billion cession was deeper and held on much PRESIDENT CLINTON's PLAN cut was to be part of the $60 billion re­ longer than we thought. We not only The first and largest reduction is the duction proposed for the 5-year period. failed to reduce the deficit by $500 bil- President's plan to cut out $60 billion As a matter of fact, some of us strug­ lion, but the deficit is expected to actu- as outlined in the Presidential cam­ gled hard to make that cut, because we ally increase by $500 billion during this paign last year. Again, I remind every­ thought that would contribute to the period. Most of that is attributable to one that this $60 billion cut is in addi­ $60 billion cut that Governor Clinton the recession. tion to the $50 billion President Bush proposed during the campaign. Despite this, the defense budget was proposed to eliminate. All this is cu­ The administration is not counting cut just as planned at the summit. All mulative. What is the impact of an ad­ this fiscal year 1993 reduction of $7.4 the defense cuts were made as planned, ditional $60 billion cut from a $1.4 tril­ billion against the $60 billion campaign but the rest of the savings have not lion 5-year plan? pledge, so this brings the cuts from $60 materialized. As was the case with previous admin- to $67 billion. The discretionary part of the budg- istrations at this stage of the process, DOD SHARE OF THE GOVERNMENTWIDE PAY et-because it includes both defense we do not know now which programs FREEZE and nondefense spending-has delivered are being cut to achieve this $60 billion Mr. President, the third item in the its fair share of the savings. None of cut. All we have is a total funding list of cuts is the DOD share of the gov­ the other categories of the budget sum- number. The President had proposed ernmentwide pay freeze recommended mit-entitlements, interest payments earlier to eliminate 200,000 military by the President in his speech last or revenues, all of which were affected personnel in addition to the Bush re­ week. The administration recommends when the recession hung on longer, ductions. Some people may believe freezing Federal pay in 1994, and then have met their share of the savings re- · that this will save $60 billion, but this cutting 1 percentage point off the rec­ quired by the budget summit. It is cut saves only about one-fourth of the ommended pay adjustments after 1994. clear, Mr. President, that the discre- $60 billion. So we have to go further. I want to point out to my colleagues tionary category is meeting its share Which weapon systems will be that nearly 7 out of every 10 Govern­ only because defense spending has been stretched out or terminated? What will ment employees works for DOD, either cut more than originally planned. The be the resulting force structure? We as a civilian or in uniform. The Office discretionary category includes defense simply cannot answer these questions of Management and Budget calculates and nondefense programs. This cat- at this point. that the total savings from the pay egory has met the budget summit plan Mr. President, the answer to these freeze saves $26 billion, Government­ because defense has met its plan. important questions will not come wide, and $18 billion of the total is in CLINTON ADMINISTRATION PROPOSALS FOR until later this year, because DOD at the Defense Department. DEFENSE REDUCTIONS this stage is deferring any review of Mr. President, of this $18 billion, part Mr. President, the public needs to un- the details beyond a narrow treatment comes from freezing pay in 1994 and derstand that this is the starting point of adjustments to fiscal year 1994. part comes from adjusting pay raises as we evaluate the administration's We really will not know all the ele­ downward by 1 percent each succeeding proposals for additional reductions in ments of this $60 billion, even when we year. The OMB budget currently as­ the defense budget. I believe that the receive the budget amendment, be­ sumes that pay will increase by 3 per­ Defense Department is certainly carry- cause the budget amendment will deal cent in 1995, 2.7 percent in 1996, and 2.6 ing its fair share of the sacrifice to- only with 1994. We will not receive this percent in 1997. But that is before you ward putting our fiscal house in order. amendment until later this year. subtract the annual 1-percent reduc­ Last year Governor Clinton proposed So we will have to decide on defense tion proposed in the budget. to cut $60 billion from President Bush's numbers that entail very large cuts The result of these two things-the budget plans for 1993 through 1997. The without knowing the elements of those new lower pay assumptions and the Clinton administration's budget pro- cuts and without knowing how we are freeze and minus-1-percent adjust­ posal this year calls for cuts of $122.6 going to make those cuts. ment-means that in 1994 there is no billion over this same period. How does I am sometimes puzzled when some of pay raise, in 1995 there is a 2-percent this budget proposal relate to the us-not very many-but when some of pay raise, in 1996 a 1. 7-percent pay raise President's plans outlined last year? us propose entitlement cuts, and oppo- and in 1997 there is a 1.6-percent pay Mr. President, I ask unanimous con- nents say, "Wait a minute. What pro­ raise. sent to have inserted in the RECORD at grams are you going to cut? Give us Mr. President, I know that the ad­ this point a table showing the reduc- the details of those cuts. How can we ministration does not consider this to tions to the Bush baseline and the var- vote on this amendment if we don't be a defense cut. It is a pay freeze on ious elements that make up that reduc- know which programs will be cut?" all Government workers, irrespective tion. Well, that is precisely how we will of place of employment. I understand There being no objection, the mate- vote on defense. We will make big, big the logic. But it is important to note rial was ordered to be printed in the cuts in the defense budget without that the DOD budget has already been RECORD, as follows: knowing the elements being cut. The cut by $18 billion, under the assump­ Reduction from Bush baseline to Clinton 1994 next time we have an entitlement de- tion that Congress will support this budget proposal bate and I hear my colleagues say, pay freeze. This brings the total 5-year 5 year 1993_1997 "How can we cut or put a cap on enti- Clinton cuts to $85 billion. Total Reduction...... -122.6 tlements without knowing what pro- OFFSET FOR SHORTFALLS IN BUSH BUDGET grams are being cut?", well, the answer Mr. President, the fourth area of re­ Clinton program reductions ...... -60.0 is, we do it all the time in the defense ductions to the Bush baseline is some­ FY93 Congressional reduction ..... -7.4 budget and it does not seem to bother DOD share of government-wide thing for which the Clinton adminis­ pay freeze ...... -18.0 anybody. tration deserves a lot of credit. Few Offset for Bush program under- FISCAL YEAR 1993 REDUCTIONS people know that one of the things funding ...... -10.0 The second item on this chart con­ that the Bush administration did in its Adjustments to Bush budget cerns cuts that Congress made last last defense budget was assume that baseline...... -27.0 year to the defense budget. Congress management efficiencies would result (Mr. FEINGOLD assumed the chair.) understood that additional defense cuts in savings of $70 billion. DOD was also Mr. NUNN. The table shows that were coming no matter who won the assuming that base closures would save there are five major elements of this election. We scrubbed the budget. We $6 billion over this period. I support March 5, 1993 CONGRESSIONAL RECORD-SENATE 4295 management changes. We need them in COMPARISON OF PAY AND INFLATION ASSUMPTIQNS budget today for the inflation it ex­ the Defense Department. I hope very BETWEEN BUSH BASELINE AND CLINTON BUDGET pects will occur over the next 7 years. much that they produce the $70 billion [Percent increase over previous year) By contrast, if the estimate of the in savings and that the base closures year-by-year costs of domestic pro­ save $6 billion. My experience, how­ Fiscal year- grams like child immunization or Head ever, tells me these savings, when they 1994 1995 1996 1997 Start-both very important programs-­ occur, will be realized over a longer pe­ Pay raise: is wrong, we can update the budget for riod than the next 3 or 4 years. Original Bush baseline ...... 4.7 4.5 3.5 3.5 them in subsequent years if inflation But no one at DOD could assure us Revised Bush baseline ...... 2.2 3.0 2.7 2.6 assumptions change. then or now that they are indeed going Clinton revisions ...... -1.5 - 0.5 -0.8 -0.9 If OMB and CBO make a mistake and Inflation rate: to achieve those savings. We have Original Bush baseline ...... 3.3 3.3 3.2 3.2 underestimate inflation, the Navy will heard from a lot of people, including Revised Bush baseline ...... 2.4 2.3 2.3 2.2 not have enough money to complete GAO, who say that they doubt that Clinton revisions ...... - 0.9 - 1.0 -0.9 -1.0 the aircraft carrier project. It will have those savings will be fully realized and to request more money to complete the could reach only half the goal. That re­ Mr. NUNN. Mr. President, by updat­ carrier, and that will look like a cost mains to be seen. Everyone should ing the budget assumptions to reflect overrun down the line, which is fre­ work hard to achieve these savings. In the economic conditions that exist quently reported in the media. This is addition there are some costs--such as now, compared to what OMB was fore­ just one example, but it applies to all environmental clean up costs--that casting last year, a total of $41.8 billion DOD programs that run for more than GAO and others point out are not fully from 1994 through 1997 was removed 1 year. This problem affects DOD more included in the budget. Obviously, if from the defense budget. OMB decided than any other department, because you can't achieve the savings, you have to use nearly $15 billion of that to pay DOD buys capital equipment, unlike to cut defense programs or personnel to for some increasing cost estimated in most other agencies of the Govern­ make up for the shortfall. DOD, including the shortfall in man­ ment. Secretary Aspin has recognized this agement savings I discussed above. Mr. President, I should point out that problem and has appointed a biparti­ This left a net reduction in the defense the administration's own budget al­ san, objective panel to examine the budget of nearly $27 billion. ready demonstrates an inflation prob­ books to find out if the management Mr. President, in theory this is an lem for the Defense Department. The savings and base closure savings are economic adjustment that does not cut OMB document called "Vision of real. This panel headed by Phil Odeen anything real if the lower inflation Change for America" which accom­ will also determine whether other numbers are accurate. It only assumes panied the President's State of the costs--such as environmental clean up that things will not cost as much in Union speech contains a table showing costs--have been fully budgeted. I the future as we thought last year they the economic effect of adopting the think that this panel is a good idea. would cost. Unfortunately, we have a President's budget. That table shows The administration has assumed that sad history when it comes to forecast­ that inflation will be somewhat higher DOD may not get $70 billion in savings ing inflation. than the budgeting baseline if the assumed by President Bush and will I do not believe that this is phony President's program is adopted as pro­ only get $60 billion instead. The admin­ budgeting. Both OMB and the Congres­ posed. But the Defense Department is istration has said that they will cut an sional Budget Office are forecasting allowed to budget only the lower infla­ additional $10 billion to make up for roughly the same number. I hope that tion level, not the level that OMB be­ that shortfall. This seems to me to be inflation bottoms out at 2.4 percent lieves will occur if their policies are a prudent step, though I fear the short­ and stays there for the next 5 years. adopted. This difference amounts to fall will be substantially larger. This But I must put down a marker that I over $16 billion from 1994 through 1997. am skeptical. If the economy performs like OMB $10 billion adjustment brings the total Both OMB and CBO are making these 5-year Clinton cuts to $95 billion. thinks it will-and not as DOD is al­ projections as we are emerging from a lowed to budget for-DOD is already ADJUSTMENTS TO THE BUSH BASELINE 3-year-long recession. Of course infla­ facing a $16 . billion shortfall that will The fifth item that accounts for the tion looks low right now. And with to­ have to be made up by cutting defense $122.6 billion in cuts is a $27 billion ad­ day's perspective, it looks like it will programs. I am not calling this $16 bil­ justment to the Bush budget baseline. stay low forever. But in truth, both lion a cut at this stage. But if OMB is Mr. President, 1 year has elapsed since OMB and CBO forecast only 2 years correct it will clearly be a cut over the time President Bush submitted his into the future and then assume that these 5 years unless the administration 5-year plan and President Clinton pre­ identical conditions will prevail for the revises its inflation number and adds pared his. The recession has hung on next 3 years. Only the first 2 years is a this back to defense. longer than President Bush predicted. forecast-the other years are projec­ To recap, the Clinton administration Interest rates and inflation rates are tions. This is standard practice in long­ cut out a total of $27 billion from lower. In short, the economic assump­ term forecasting, but those of us vot­ changed assumptions for pay and infla­ tions in the Bush budget, which the ad­ ing on the budget resolution and the tion, and that brings the total to $122.6 ministration used as its defense base­ defense number need to know the im­ billion. line, are out of date and need to be re­ plication of this assumption. We have EFFECT OF NEW ENERGY TAX ON THE DEFENSE vised. Because of the lower interest and to recognize that there will be a seri­ BUDGET inflation rates, the Bush baseline can ous impact if inflation is higher for the Mr. President, these are the items be reduced and, in theory, we will be 5 years than now projected. that make up the cuts in the defense able to buy the same program for less Accuracy in budgeting for inflation budget proposed by the administration. money. does not matter as much for any other But there are two additional items I ask unanimous consent to have part of the Federal Government as that could produce even deeper cuts in printed in the RECORD at this point a much as it does for defense. Let me defense that are not included in the chart summarizing the inflation rate give you an example. When DOD buys a total $122.6 billion. and pay rate assumptions that were in weapon system it uses the so-called full As all of my colleagues know, the ad­ the original Bush baseline and are in funding principle. If the Navy were to ministration is proposing a new energy the current Clinton budget documents buy an aircraft carrier today, it has to tax based on the energy content of the under the revised Bush baseline. include in the budget this year the en­ fuel, or the so-called Btu content. The There being no objection, the table tire cost of the carrier, even though it Defense Department is the single larg­ was ordered to be printed in the will be built gradually over the next 7 est consumer of energy in the Federal RECORD, as follows: years. That means the NavY has to Government-petroleum products, nat- 4296 CONGRESSIONAL RECORD-SENATE March 5, 1993 ural gas, and electricity. Anything ment is trying to cut out for 1994. So the management savings forecast by that increases the price of energy di­ this is something I hope the Budget the Bush administration will be real­ rectly and immediately affects the cost Committee will address and take into ized. But if the savings fall far short of of defense operations. account in a fair and objective way. the goal-or if other savings do not ma­ Defense Department officials are still KEY QUESTIONS THAT NEED TO BE ADDRESSED terialize on schedule, such as the base trying to determine the impact of the Mr. President, let me wrap up my closure. savings-will the administra­ administration's proposed Btu tax on comments today first with an observa­ tion and Congress stop and reevaluate the defense budget. DOD is currently tion and then with a number of key the situation or will defense programs exempt from many of the Federal ex­ questions that I believe must be ad­ be cut even further? cise taxes on petroleum products, so I Mr. President, again, I have been as­ dressed. sured by the administration that DOD hope that the administration will care­ The Defense Department in the past fully examine the possibility of ex­ will not be penalized if it turns out-as few years has carried more than its I suspect it will-that the Clinton ad­ empting DOD from the Btu tax, but share of sacrifice for lowering the defi­ that may be difficult depending on how ministration has inherited erroneous cit. Indeed, the Defense Department or phony savings estimates from the the tax is structured. seems to be the only part of the Fed­ According to DOD officials, there is Bush administration. I have been as­ eral Government that has carried its sured that the Clinton administration no allowance in the administration's fair share. Yet I hear calls from some current defense budget to pay the in­ is committed to increase the overall on Capitol Hill who say defense should defense budget rather than make DOD creased costs of the Btu tax. Under the be cut deeper, in spite of the fact that administration's current proposal, the abs?rb large additional assumed phony the defense cuts proposed by the ad­ savmgs that they inherited from the tax would be phased in beginning July ministration make up 85 percent of all 1, 1994, so the impact on DOD in fiscal Bush administration. of the net spending outlay reductions THIRD QUESTION: INFLATION ESTIMATES year 1994 would be minimal. However, in the budget proposal. the full costs of this Btu tax on DOD Third, I am concerned about the low Mr. President, there are a number of inflation estimates in the budget. I would be substantial in the outyears questions that I believe we all have to possibly as much as $700 million pe; hope inflation is licked and we do not consider in making our judgments on have a problem. But even OMB's own year when fully phased in. I am not the budget resolution. adding this potentially large number to calculations show they do not believe FIRST QUESTION: PAY FREEZE inflation will be as low as we are put­ the administration cuts at this time, ting in the budget. Since the adminis­ but they would be in addition to the First, the defense budget is being cut $18 billion to pay for the pay freeze pro­ tration mechanically lowered the de­ $122.6 billion outlined above. fense budget because of lower inflation If the administration decides not to posal. I understand the administra­ tion's position that they do not con­ estimates, it is my hope and expecta­ exempt DOD from their proposed en­ tion that . the administration will me­ ergy tax, there will be additional cuts sider this a defense cut but a Govern­ mentwide pay freeze. However, I seri­ ?hanically increase Defense spending in defense programs and personnel un­ m future years if inflation proves to be less the administration increases fu­ ously question whether Congress will freeze military and civilian pay in 1994 higher than projected in this year's ture defense budget levels to accommo­ budget. date this increased cost. and then pay half the rate of inflation for the following 4 years at the same I have been assured that the adminis­ BUDGET SUBMISSION EXCEEDS DISCRETIONARY tration will not permit higher inflation SPENDING CAPS time that all military retirees, retired civil servants and all Social Security in the future to damage our defense ca­ Mr. President, the final item I want pability. Of course, this will be a Gov­ to discuss is a problem of outlays in recipients receive full cost of living ad­ justments each and every year. In ernmentwide problem if inflation turns the overall budget proposal. As my col­ out to run higher than OMB currently leagues know, the budget summit back other words, we will be treating there­ tired community on a different basis assumes. But the administration un­ in 1990 established spending ceilings on derstands the exceptional problem it various categories in the Federal budg­ than active duty military personnel out in the field every day. We will have presents to the Defense Department. et. The so-called discretionary cat­ It is very important that my col­ egory includes defense spending. to look at this issue very carefully. To me, the question is this: Since the pay leagues in Congress have an apprecia­ The problem is that the administra­ tion for this problem and share a com­ tion's proposed budget exceeds the al­ freeze proposal was not intended to cut mitment to insuring Defense is not lowable spending ceiling on discre­ defense, if Congress rejects or amends punished by underestimating inflation. tionary spending for fiscal year 1994. I the freeze, should not the defense budg­ This is an item which I hope and expect have been assured by the administra­ et be increased rather than force DOD the Budget Committee to clarify. to cut more programs or fire more peo­ tion that they are aware of this. I am FOURTH QUESTION: BTU ENERGY TAX informed that this may be a $3 to $4 ple? Mr. President, I have had several de­ Fourth, what is the administration's billion problem in fiscal year 1994. I plan for accommodating the Btu tax in have been assured by the administra­ tailed conversations with senior people the Defense Department? Can the im­ tion that defense spending is not the in the administration. They assure me pact of the Btu tax be credited to the cause of the problem and that the ad­ that if Congress rejects the Govern­ $60 billion program cuts outlined by ministration does not believe the De­ mentwide pay freeze proposal, the de­ the administration, or will it be added fense Department should have to pay fense budget should be increased. If to those cuts? to fix it. I know there are people in Congress decides to exempt DOD alone In this area the administration is Congress who will try to take the easy or the military alone, however, the ad­ aware of the problem and·is continuing way out and lay that problem at the ministration believes that DOD should to evaluate it. The Department of De­ Pentagon's doorstep. I would strongly cut other programs to pay for the pay fense must assume responsibility for oppose imposing yet additional cuts on raise. I hope that the Budget Commit­ insuring that the administration is the 1994 defense budget because the tee keeps this clearly in mind when it aware of the special problems and re­ proposed nondefense discretionary starts to mark up a budget resolution. quirements of the Defense Department spending plans exceed the allowable All committees of jurisdiction should as the details of the Btu tax are being spending ceilings. keep this in mind when deciding on developed. It is my hope and expecta­ If the defense budget had to pay for Government pay, including military tion either that Defense would be ex­ this entire fix in 1994 in outlays, a total pay. empted from the tax, or that the 5-year of $9 to $10 billion in budget authority SECOND QUESTION: MANAGEMENT SAVINGS defense budget will be increased to would have to be cut. That is double Second, the administration has been avoid further defense cuts to pay this the amount that the Defense Depart- responsible in assuming that not all tax. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4297 FIFTH QUESTION: EXCEEDING THE Mr. President, next week the Budget Mr. EXON. Whatever is the wish of DISCRETIONARY SPENDING CAPS Committee will begin to mark up a the Whip I will certainly agree with. Fifth, as I have pointed out the ad­ budget resolution for fiscal year 1994. I Mr. President, will he be good enough ministration's budget submission in have one additional concern I must to spare me 5 minutes? the discretionary accounts exceeds the outline. I have noticed a consistent Mr. FORD. Mr. President, I certainly caps set in law. The question is this: pattern in Congress. Congress agrees to will. How does the administration plan to a spending level in a budget resolution, get under the discretionary spending but each successive step in the legisla­ cap for fiscal year 1994? DEFENSE SPENDING PROPOSED BY tive process whittles away at that THE CLINTON ADMINISTRATION Again, I have been assured, Mr. number in the DOD budget. Congress President, that the administration agrees on a spending level for defense, Mr. EXON. Mr. President, I have lis­ knows that defense is not the cause of but that level erodes through succes­ tened carefully to the remarks of Sen­ the problem, and the solution should sive steps in the process. Some is di­ ator NUNN, chairman of the Armed not involve additional cuts in the De­ verted in the allocation process and Services Committee. Once again, he fense Department. I hope and expect other funds are diverted within the De­ has demonstrated his usual insightful my colleagues on the Budget Commit­ fense appropriation process by ear­ understanding of the workings of the tee to work with OMB to insure that marking funds to go to nondefense pro­ Defense Department and the possible defense spending is not cut for this rea­ grams. I strongly believe that the final implications of precipitous cuts in son, when Defense has had absolutely defense number in the budget resolu­ spending. Senator NUNN is second to no nothing to do with this problem. tion must be not only a ceiling but also one in this body in his commitment to In summary, Mr. President, I have a floor, and I will be fighting for that. a strong defense. His objective, thor­ the following concerns and questions Mr. President, President Clinton, ough approach to the drawdown in on the defense budget: Vice President GORE, Secretary Aspin, military spending, and I will remind First, I am concerned that DOD not and Director Panetta and their staffs all, once again, that drawdown is now be penalized if the Clinton administra­ have worked diligently on the overall is its eighth consecutive year, has en­ tion inherits phony assumed savings budget. I appreciate the considerable sured that our Armed Forces remain from its predecessor administration. I attention they have given to these de­ ready and capable of meeting any chal­ have been assured by the Clinton ad­ fense budget questions I have raised. I lenge to our security interests. The ministration that if the savings short­ look forward to continuing to work Senate and the Nation as a whole owe fall in the Bush funding for defense ex­ with the administration and with the a great deal to the chairman for his ex­ ceeds $10 billion, which is the hedge Budget Committees to reduce the defi­ emplary work. I do not always agree that is in this budget, the defense cit while maintaining the essential completely with my great friend and budget will be fully protected. I have mEitary strength we must have to pro­ close colleague from Georgia but I have been assured of that. tect our Nation's security. always found him worth listening to. Second, I am concerned that if the Mr. President, I yield the floor. President Clinton is to be congratu­ Congress rejects the call for a pay Mr. EXON addressed the Chair. lated for what I believe is honest budg­ freeze on Government employees, in­ The PRESIDING OFFICER. The eting. It is a new experience for us. cluding military active duty, in whole Chair recognizes the Senator from Ne­ But when President Clinton and Sec­ or in part during the next 5 years, the braska. retary Aspin announced the proposed Defense Department would have to Mr. EXON. Mr. President, I have lis­ defense budget for the upcoming fiscal make compensating programmatic re­ tened very carefully to the remarks of year and set forth funding targets for ductions. I have been assured by the the Senator from Georgia, the chair­ future years through 1998, the Senate Clinton administration that if the pay man of the Armed Services Committee. was presented with a dilemma. The ab­ freeze is rejected or amended on a Gov­ Once again, Senator NUNN has dem­ sence of a detailed specific budget to ernmentwide basis, the defense budget onstrated his unusual insight. support the 1994 request of $264 billion will be fully protected. Mr. FORD. Mr. President, will the makes it impossible for the Senate to Third, I am concerned that some will Senator from Nebraska tell me how pass a budget resolution with an appre­ try to cut the defense budget in fiscal long he is going to take because he is ciation of where cuts are being pro­ year 1994 because the administration's now into the time for the managers of posed and not proposed. By placing the budget exceeds the allowable budget the bill. budget resolution cart before the budg­ caps for discretionary spending. I have Mr. EXON. I will simply advise that et horse, the Senate is forced to re­ been assured by the administration I understood we were in morning busi­ spond like a horse with blinders: do not that defense did not cause this problem ness. Is that not accurate? I understood look around, just charge ahead, and the administration is opposed to we could speak for 5 minutes in morn­ straight ahead. Though we understand defense cuts solving the problem. ing business until a certain hour. Will the personnel and programmatic spe­ Fourth, I am concerned that a me­ the Chair please clarify the position of cifics of the previous Bush baseline chanical downward adjustment to the the Senate? · budget from which reductions are being defense budget because of lower infla­ The PRESIDING OFFICER. The reg­ proposed, the only information as to tion may not be reversed if we subse­ ular order is that we are to proceed to where cuts are to be made and why has quently determine inflation rates ex­ the consideration of the motor-voter come from press speculation and re­ ceed the budget assumptions. I hope legislation. ported Pen tagon leaks. As a result, the and expect that the administration and Mr. FORD. I will be more than will­ President has asked us to make a leap the Congress will mechanically adjust ing to allow the Senator to have some of faith. the defense budget upward if inflation time. I just want to know how much With the markup of the budget reso­ rates exceed the current budget as­ because I have some speakers who want lution looming in the near future, the sumptions. to speak before 9:40, which is the time question each Senator must answer is Fifth, I am concerned that the De­ for the vote. how much can be taken out of the Bush fense Department will be forced to ab­ Mr. EXON. I was planning on 8 min­ baseline budget for 1994 and beyond sorb the Btu tax in addition to the $60 utes. If that is not possible-- without cutting into the muscle of our billion program cuts it will be making. Mr. FORD. Mr. President, will the Armed Forces? And more importantly, I hope and expect the administration Senator try to limit it to 5 so I can what are the outyear implications of and the Congress either to exempt DOD allow other speakers? That will only these cuts? Pink slips to our dedicated from the Btu tax, or to increase the de­ give me 5 minutes for some other service personnel? I think not, and I fense budget to offset the effect of this speakers. We are taking up too much hope not. I think such action would not tax. time now. be supported by the Senate. 4298 CONGRESSIONAL RECORD-SENATE March 5, 1993 As a member of both the Budget and Mr. President, are the cuts draconian which will benefit Defense Department Armed Services Committees, I under­ or ill-advised? It all depends upon one's people all around the world. stand the complementary role each view in the particular programs con­ plays along with the Appropriations tained in the defense budget and Committee in formulating the defense whether the details of the Clinton plan, WHAT WILL HISTORY SAY? budget. when finally revealed, will show cuts Mr. WELLSTONE. It may be that Last year when President Bush pro­ that are workable or misguided. Sen­ others have spoken on the floor on this posed a very generous Pentagon spend­ ator NUNN has hoisted the storm warn­ question, which I think is a compelling ing plan for 1993, and then threw down ing flag. Let us heed it. Proceed with question of our times. But, if not, I the gauntlet of not a penny less, I un­ caution. would like to do so. dertook to show that such bravado was I thank the Chair. First, I ask unanimous consent that a charade. I presented to the Budget I yield the floor. two op-ed pieces-one by Anthony Committee a detailed line-item by line­ Lewis that appeared in the New York item analysis of the proposed 1993 de­ Times, titled "On Bended Knee?", the fense budget that concluded that an ad­ TYPHOID VACCINES AND LES other that appeared in the Washington ditional $8.8 billion in savings could be ASPIN'S RECENT ILLNESS Post today by Stephen S. Rosenfeld, found without taking an additional Mr. MACK. Mr. President, I noted "Mercy Flights, Merciless Results," be penny out of the military personnel ac­ that the illness which recently landed printed in the RECORD in their entirety. count of cutting the 30 most expensive Secretary of Defense Les Aspin in the There being no objection, the articles weapons programs. hospital appears to have been brought were ordered to be printed in the Rather, by simply freezing a large on after he was inoculated for typhoid. RECORD, as follows: number of minority procurement pro­ While I am delighted that Les appears [From the Washington Post, Mar. 5, 1993] cedures and projects and research and to have come through his ordeal with MERCY FLIGHTS, MERCILESS RESULTS development growth items in 1992 flying colors, I fear that the difficulties (By Stephen S. Rosenfeld) spending levels, freezing, not cutting which he faced could, perhaps, have To Bill Clinton's first round of humani­ been avoided had the Department of tarian airdrops, intended to relieve distress mind you, nearly S9 billion in cuts and boost peace, Bosnia's Serbs responded by could be found, although this is a mod­ Defense and the Senate Armed Services stealing what they could of the supplies and, est proposal. Although it only failed by Committee only gone forward with the ·reportedly, massacring, intended bene­ one vote in the Budget Committee and proposal I made last year to have the ficiaries by the hundreds in Muslim villages. five votes on the floor, the facts are Pentagon shift to a new oral typhoid Eyewitnesses describe the survivors as "cry­ that the final defense numbers passed vaccine, which has none of the side ef­ ing for help and begging to be taken out by the Congress and signed by the fects which apparently affected him. alive." President was only $2 billion above A company in my State, Berna Prod­ To which some in the West now respond by ucts, has developed this typhoid vac­ averting their gaze and advising the United that level. I advocated early in the States to lean harder on the "intractable" spring that we could do this and it cine, which can be taken in capsule Muslims to accept a United Nations peace came to pass. This proves I maintain form. This new oral vaccine eliminates plan that Muslims regard as sealing a na­ that my proposed reductions were at­ most of the side effects associated with tional disaster. Didn't after all, Washington tainable and were entirely reasonable the old parenteral vaccine, while pro­ undertake to do just that when it recruited despite President Bush's unrealistic viding both speedier effectiveness and Russia to join it in consummating the U.N. not a penny less threat. longer protection. Moreover, DOD it­ plan? self contributed over $1 million in re­ In fact, the Muslims could not face a cru­ This year, however, such an analysis eler choice. They can fight on as best they is not possible due to the lack of budg­ search funding for the vaccine's devel­ can in the hope that changing military or etary specifics. Only time will tell opment. Despite the obvious merits of political odds will give them a better bargain whether the Armed Services and the the new vaccine and the cooperation at the peace table. Or they can cut their Appropriations Committees, once more between Berna and DOD, problems staggering losses and preserve what they can details become available, will be able have continued to inhibit the Armed of their sundered national life behind the to reach a consensus. But the Budget Forces' purchasing the new vaccine in wall of a U.N. plan guaranteed, as this one is Committee and the full Senate will not bulk. supposed to be, by American participation in In fact, the Armed Forces Epidemiol­ a peace-keeping force. have the luxury of time. We are being It is clear that some Muslims will try to asked to make a leap of faith without ogy Board recommended phasing-in the fight on. But it is also clear that overwhelm­ any specifics. new vaccine in 1991, and the Army Sur­ ing pressure to make a deal is being gen­ When the Clinton administration in­ geon General's Office has issued in­ erated by the lethal combination of Serb herited the Bush budget, it correctly structions for units to start using it. power and international-Muslim as well as concluded that we can and must spend Even so, while DOD has already ap­ Western-abandonment. less, but how much less? And in what proved an agreement which allows indi­ Many Americans, of course, take these de­ vidual bases to purchase the vaccine di­ velopments as vindication of their earlier program? National defense must al­ cautions about the United States sinking ways be reviewed in specifics to prop­ rectly from Berna, so far, no action has into a Bosnia quagmire. But what nags at me erly weigh the impact of our final deci­ been taken by the Pentagon to make is the fear that Washington is giving a green sion. I am concerned that the Clinton the new oral vaccine the worldwide light to conduct the sort of unchecked and administration has gone too far too standard. relatively cost-free ethnic cleansing that quickly. During the campaign, Presi­ I can see no good reason that the oral could become the global political AIDS of dent Clinton pledged defense cuts of $60 vaccine should not become the stand­ the 1990s. ard for all our men and women in uni­ The proposed international peace-keeping billion below the Bush baseline from force that the United States would join in 1994 through 1997. Though these are far­ form, as well as other DOD personnel Bosnia is being touted in some quarters as reaching, I might have bought that. in need of immunization. Even though the redeeming end of this unhappy cycle, as Now President Clinton to his credit this new vaccine has minimal side ef­ a problem-solving model applicable else­ has recognized that the Bush adminis­ fects and no one can say with absolute where. But it looks to me more like an inter­ tration underfunded the outyear by at certainty whether it would have pre­ national blessing for an act of aggression at least $10 billion in expected savings vented Secretary Aspin's present dif­ once savage and potentially contagious in an from smoke and mirrors, acquisition ficulties, his case demands that we ask ethnically riven post-Cold War world. Bosnia is turning out to make a dubious streamlining and procurement. . the question. foreign policy start for the Clinton adminis­ So the plot and the pot of money Again, I am extremely pleased with tration. Yes, this crisis was dumped boiling thickens or thins depending on how Les' speedy recovery, and now hope and hissing on a new president, but he is re­ each Senator approaches his or her de­ that some good can come from his ex­ sponsible for his own showing, and it is dis­ cision and perspective. perience, by forcing a,. vaccine change appointing so far. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4299 Clinton, showing a feeble grasp on history, When starving Muslims in the Cerska area Serbian forces used the airdrops as a cover bet on a certain Serb moderation and readi­ came out of their villages to collect the few for a major offensive against the Cerska en­ ness for compromise. But the Serbs have relief bundles that had fallen anywhere near clave. They overran it, and according to re­ shown a fierce paranoia and arrogance. They them, Serbs shelled them. ports from the area, killed hundreds of civil­ are working single-mindedly to build a Serbian forces used the airdrops as a cover ians. A United Nations official called it a greater Serbia housing all of the old Yugo­ for a major offensive against the Cerska en­ "massacre." slavia's Serbs, continuing military oper­ clave. They overran it and, according to re­ We have in Minnesota a torture cen­ ations and spitting in Washington's face. ports from the area, killed hundreds of civil­ ter. It is probably very well known The president gambled by bringing Russia ians. A United Nations official called it a around the country. I wish there was into negotiations. The early results indicate "massacre." no need for it. And we have men and that the Serbs are being as contemptuous of Dr Radovan Karadzic, self-styled President their traditional friends in Moscow as of of the Serbs in Bosnia, issued an "open letter women who came from other countries their new political adversaries in Washing­ to the American people" from the United Na­ who come to this center so they can ton. The provisional verdict must be that tions in New York. In it he denounced the try to recover and rebuild their lives Russian entry has made it harder not easier airdrops, saying that land relief routes were from the torture that they have experi­ to negotiate the U.N. plan, let alone to im­ "perfectly adequate"-though his forces enced. prove it from a Muslim viewpoint. have continually blocked them. He said: I met with a woman who is a psychia­ Meanwhile, Clinton, having ruled out more "The tragic and deplorable terrorist inci­ trist who just came back from Serbia. vigorous forms of aid, launched a relief mis­ dent at the World Trade Center is fresh testi­ mony to the extraordinary volatility and im­ She spent time with women who have sion that itself has become an instrument of been raped in the rape camps. the ethnic cleansing it was meant to pre­ mediate dangers of direct foreign involve­ ment." I do not know quite what to say on vent. Muslims venturing out from cover to There cannot have been many threats as the floor of the U.S. Senate today-! haul in far-flung pallets are having their brazen as Dr. Karadzic's. He as good as throats cut by Serb soldiers. This for an op­ once read from a book called "The warned the United States to stop even hu­ Abandonment of the Jews"-except to eration inexplicably hailed in Washington, manitarian help to his victims or face Ser­ by Defense Secretary Les Aspin, as a "great say this. I speak first as a U.S. Senator bian terrorist attacks in this country. (Yes­ from Minnesota. I speak second of all success." The United States, advertising its terday he "retracted" the threat, blaming a hesitancy at every step, simply was unpre­ poor translation of his letter. That was as as an American Jew. pared for the unhesitant Serbs, who seemed honest as most of his statements.) I sometimes wonder whether or not determined to demonstrate that for every Dr. Karadzic was at the U.N. for negotia­ we have learned anything in the world foreign effort to preserve life in Bosnia, they tions on the Vance-Owen plan for a political in the last 40 years. I think there would deal out death. settlement in Bosnia. But his statement, and comes a time when silence is betrayal, In this way has the United States muddied the depravities carried out at his orders, what is the leading new foreign policy ques­ and I think we have had too much si­ showed how the supposed peace process has lence in the U.S. Congress over this tion posed by the Bosnia crisis-how to bring been used by the aggressors. force effectively to bear in a humanitarian The Cerska area overrun by Serbian forces issue. and political intervention in a sovereign is assigned by the Vance-Owen plan to a can­ I told my wife, Sheila, the other day: state. Not everyone was prepared for an ar­ ton with a Muslim majority. Indeed, it is a I do not want to be self-righteous about duous test, but the Clinton attempt to find crucial part of the plan, designed by Lord it. I have been part of that silence. an answer on the cheap is being confounded. Owen and Cyrus Vance to prevent Bosnian A long time ago, I called for some The Serbs took a good case-the failure of Serbs from linking up to Serbia itself, to the kind of military action, arguing that the breakaway republics, including Bosnia, east, in a Greater Serbia. between doing nothing and protracted to offer a proper political place to their Serb But while the negotiations have gone on, ground warfare there surely ·were other minorities-and turned it into a mockery by the Serbs have eaten away at the territory, the military operations and human rights military options. But yet and still, I carrying out "ethnic cleansing" to remove really worry that historians are going violations that go on to this day. The U.N. Muslims by terror and murder. Can anyone peace plan makes an effort to deal with both believe they will quietly leave the Cerska to write about me and others, and that considerations-Serb rights, Serb mis­ area if and when the peace plan is accepted? what they are going to say is: They conduct-but the Serbs extend the mis­ The United Nations looked pathetic in this were too busy; they had campaign re­ conduct, and the United Nations merely pro­ week's tragic events. The Security Council form to work on, health care reform to nounces itself "appalled." Why does it not condemned the Serbs, but they know the work on, budgets to work on. beef up its Bosnian forces and save lives? strong words will only be words. How can we turn our gaze away from President Clinton's honor is really at what is happening? Ethnic cleansing, [From the New York Times, Mar. 5, 1993) stake. The Serbs took him for a weakling. rape camps, the systematic slaughter ON BENDED KNEE? Seeing the deferential terms of his airdrop of people? I just do not feel like we (By Anthony Lewis) policy, they read it as conveying anything but resolution. They treated it-treated Bill have spoken up. I think the standard BOSTON.-How far will Bill Clinton bend his Clinton and the United States-with con­ that historians are going to use to knee to the murderous thugs who lead Ser­ tempt. measure us is who spoke up and who bian aggression in Bosnia? How far can they The truth is that Dr. Karadzic and his col­ did not. push him without a response that preserves leagues understand only one thing: force. If American honor? I hope that committees in the U.S. the aim is to stop the Bosnian tragedy, the Senate will start hearings, and I hope Those questions have to be asked after the United States should be dropping bombs on first disastrous application of the new Clin­ that here on the floor of the Senate his forces and his headquarters instead of ap­ and the floor of the House of Rep­ ton policy toward the conflict in Bosnia. peasing him. If that is not the aim, it would Consider what the President did to defer to be more honest to admit our impotence. resentatives, Representatives and Sen­ Serbian sensibilities-and what he got back. It is a question of political will. I have not ators will come to the floor and speak Instead of more vigorous action to stop been an admirer of Margaret Thatcher or about what it is they believe should be Serbian aggression, as he promised during Ronald Reagan, but I know beyond any done. I must tell you, I am not proud. the campaign, Mr. Clinton made a purely hu­ doubt that Radovan Karadzic would not have manitarian move: to airdrop food and medi­ I am not proud of the European coun­ got away with his lies and aggression if they tries, and I am not proud right now of cine to besieged civilians in eastern Bosnia. were in office. Instead we have had John To avoid offending the aggressors, the our very timid response. Major, who makes Neville Chamberlain look I think we have turned our gaze away President said relief supplies would go to all like a man ·or steel, and the immobile George parties-to the attacking Serbs as well as Bush. from a slaughter, from a slaughter of their victims. And President Clinton? Where will he be people, from ethnic cleansing, from the Lest the U.S. cargo planes carrying out the counted when the reckoning of Bosnia is murder of people, from the rape camps. operation provoke Serbian antiaircraft gun­ made? I do not think we can be silent any ners, the planes were kept over 10,000 feet. And they were not accompanied by fighters, Mr. WELLSTONE. Madam President, longer. I do not believe we can turn our as they were in the highly successful low­ Tony Lewis said: backs on this any longer. And I believe level airdrops to Kurds in northern Iraq. When starving Muslims in the Cerska area there has to be some kind of strong To that deferential policy, the Serbian ag­ came out of their villages to collect the few international response. gressors replied with these among other ac­ relief bundles that had fallen anywhere near Madam President, I hope next week I tions: them, Serbs shelled them. will have more to say, more to say in 4300 CONGRESSIONAL RECORD-SENATE March 5, 1993 specifics. But, like many Senators, I what President Clinton said in his happens to be a significant employer in am going home this weekend, back to State of the Union Address. The Office the State of Washington, which is Minnesota. And I just did not want to of Management and Budget said it will American Airlines. I know the airline leave this week without saying some­ cost $320 a year for a family of four. industry in the State of Washington is thing about this. Private sources tell me it is going to be struggling right now. much closer to $475 a year for a family The airline industry estimates that of four. I happen to agree with the the direct fuel cost increases from the THE ECONOMY higher amounts. I will explain that energy tax would cost $2.8 billion a Mr. NICKLES. Mr. President, all of during this discourse. year. Airplanes just cannot fly without our colleagues, I think, are concerned Under the President's budget pro­ consuming fuel. It takes aviation fuel about the economy and what is happen­ posal, he said he is going to raise $71 that comes out of oil. The energy tax ing in the economy. We did have some billion. That is actually $71 billion in on aviation fuel would range anywhere good news today: Unemployment rates net Federal revenues. The impact of from 8 cents per gallon on up. Amer­ have dropped from 7.1 percent to 7 per­ the tax, for people who do not follow it ican Airlines, just to mention one com­ cent. That is good news. We have an closely, and I will also say these fig­ pany, happens to be the largest private additional 380,000 new jobs which were ures came from the administration, on employer in my State of Oklahoma. created last month. I think that is very gasoline is going to increase gasoline They happen to be the largest carrier positive. We are glad to hear that news. at least 7.5 cents to 8 cents a gallon. in the United States. I asked them how I might mention that at this rate, For residential natural gas, you are much would this tax cost? They said it the current economy will exceed in just going to have an increase of about 4 would cost them anywhere from $160 2 months the goal of creating 500,000 percent. For residential electric bills, million per year to $320 million a year, jobs over the next 2 years under Presi­ you are going to have an increase of at depending on what the allocation of dent Clinton's so-called stimulus pack­ least 3 percent. And for home heating the tax by the refineries would be on age. I might also mention his package oil, you are going to have an increase aviation fuel. It will be at least 8 cents was going to cost taxpayers in excess of about 8.3 cents a gallon, or about 8 a gallon. It could be more. of $55,000 per job. I urge President Clin­ percent. Let us take that $160 million a year ton to not promote, not push, the so­ So everyone in America who has figure. Let us be conservative. Can called stimulus package that will only home heating oil, is buying gasoline or American Airlines just pass it on so we increase the deficit. buying diesel fuel, or pays an electric are going to be paying higher prices for I might also add that we do have bill should know they are going to have our tickets? Maybe they can, but I some figures that I hope my colleagues energy cost increases of 3, 4, maybe 8 doubt it. Last year, American Airlines, and the American people will pay some percent or more. So it is going to cost unfortunately, lost $985 million. It was attention to, concerning President consumers a lot of money. a terrible year. We have heard their Clinton's economic package. The Con­ How much money does this energy President, Robert Crandall, say they gressional Budget Office yesterday tax raise? OMB says it is going to raise are having a reduction, they are letting came out with figures that said that, in $71 billion. I might mention that is a people go, they are reducing the num­ analyzing his proposal, President Clin­ net figure because OMB knows that ber of flights. This energy tax increase ton's package would raise taxes $267 corporations, when they pay these en­ is going to accelerate that reduction. It billion over the next 5 years. It also ergy tax bills, get to deduct that from is going to cost jobs. Those are good said he would have net spending cuts of their income taxes. And so the IRS jobs, high paying jobs. We are putting $55 billion over the next 5 years. really has to raise a lot more money people out of work and no one can say I will say that ratio is not propor­ than $71 billion. Treasury actually esti­ this tax increase is not going to put tionate. It means we would raise taxes mates that they are going to raise $95 people out of work. $4.85 for every $1 of spending reduction. billion in gross energy taxes. This So the tax increase for a company It do not think that is rational. I do number is from Treasury, $95 billion that lost almost a billion dollars is not think it is sound. I do think it is collected so they can net $71 billion. going to be probably a couple hundred very detrimental to the economy. Madam President, $95 billion over a 5- million dollars or more per year. That President Clinton's package of tax year period of time may not sound like is going to put a lot of people out of increases would put people out of work. too much money to those of us who are work. They employ thousands of people I want to talk specifically about the working in Congress. We spend a lot of in my State. I do not want those people energy tax proposal in President Clin­ money pretty quick and it is "only" losing a job because of an ill-conceived ton's recommendation to Congress. He $95 billion that we are raising taxes. energy tax proposed by the Clinton ad­ calls his package an economic plan. I I might point out how much money ministration. would call it an unemployment plan. this tax collects, what the impact is on This energy tax will hurt agriculture, He is going to put people out of work. low-income people. It is kind of an in­ a vital industry in Oklahoma and in Let us talk about it. teresting comparison. The personal in­ the States of most of my colleagues. He has recommended a Btu tax. We come tax paid by the bottom 50 percent The Farm Bureau estimates the Btu invited President Clinton and Vice of all taxpayers is $125 billion. So this tax on a typical 430-acre Midwest grain President GoRE to join us for lunch. proposed energy tax increase almost farm would cost $800 per year. That is They both graciously accepted, . and I equals the income tax that is paid by only counting direct cost increases for appreciate that. A question came up the bottom half of all taxpayers in the gasoline, diesel fuel, and propane. Fer­ about the so-called energy tax. It is a United States. This energy tax is a tilizer costs are going to go way up, Btu tax; in other words, it is applied to massive tax increase-a massive tax in­ too. So will pesticides and the cost of all forms of energy. The tax is kind of crease-and it is a tax increase that is machinery. And you just go on and on confusing. Most people in America do going to adversely impact the economy and on. not know what a Btu is. They do not in many, many different ways in every General Motors happens to be an­ know how that is going to impact single industry. I will just give a cou­ other big employer in my State. Last them. They do know, though, their en­ ple of examples. year their car and truck division lost ergy costs are going to go up. What will be the impact of this tax $4.5 billion and they reduced their em­ The figures that have been used, I increase? It is going to cost jobs. It is ployment last year in these 2 divisions might mention, have been a little bit going to put people out of work. I have by 27,000 jobs. GM estimates their di­ misleading. President Clinton, in his asked some industries to give me some rect cost for energy use would be $68 State of the Union Address said his tax facts and some figures and I will use million a year and they would incur would only cost about $17 a month. first, Madam President, as an example significant increases in their indirect That is equal to $204 a year. That is in my State, our largest employer also costs because they would have to pay March 57 1993 CONGRESSIONAL RECORD-SENATE 4301 higher prices for steel, glass and other are a lot of negative economic con­ mists know an energy tax is going to parts. GM estimates the energy tax sequences. As a matter of fact, the Na­ have a negative impact so Treasury will increase their direct and indirect tional Association of Manufacturers es­ will make the gross amount. Actually, costs a total of $270 million to $340 mil­ timated that the job loss because of the what goes into the Federal Govern­ lion per year. Keep in mind again that energy tax, when fully implemented, ment in the end is much less, signifi­ General Motors lost money in its car will be over 600,000. This could be a cantly less. and truck division, and yet we are conservative estimate. For example, So my comment is that this is a very going to mandate higher prices for the American Petroleum Institute esti­ heavy tax, a very punitive tax, a very them to pay. Are we not paying enough mates the loss of jobs at 700,000. regressive tax that is only going to net for automobiles now? Are we just going I do not know who is right, but I do the Government maybe about $38 bil­ to increase our difficulties in compet­ know that the job loss is going to be in lion, or about half of what the Treas­ ing with overseas competitors? That is the hundreds of thousands, when you ury estimators were saying. They are exactly what this tax is going to do, calculate the destructive effects this going to have to raise more money and this tax, again, is going to cost tax will have on the economy; when than they anticipate or they are going jobs in this industry. you calculate the fact that the Depart­ to end up with a whole lot less than $71 In the steel industry, the large do­ ment of Defense is going to have to pay billion. But with this energy tax pro­ mestic integrated steel manufacturers more now for its petroleum; when you posal, Treasury will end up raising in estimate the Btu tax will cost them ap­ calculate the fact that we are going to net dollars maybe only $38 billion or proximately $400 million per year. And inflate a lot of goods and services in $40 billion. again you might say, that is fine, they this economy. Congress is going to But wait a minute. The energy tax is are just going to pass it on. Wait a have to pay more money for COLA's for a regressive tax. To cushion its impact, minute, they all lost money last year. senior citizens because we are going to the administration increased spending I ran a manufacturing plant in Okla­ create inflation because of this energy in a lot of areas. The administration homa and we lost money last year. I tax. I mentioned those industries that increased spending for the low-income will tell you, if we were having a good can pass it on will pass it on. And how energy assistance program by $2.9 bil­ year and our energy costs go up, we are do they pass it . on? They increase lion; they increased food stamps by $12 going to make a rate of return on that. prices. When you have this kind of billion, and they increased the earned We are going to increase our prices and magnitude, a gross revenue estimate of income tax credit by $26.8 billion. That Pa$S it on, if we can. My point is, we $95 billion per year, you are going to is a total increase in spending of $42 have major industries that are signifi­ have a lot of prices going up to pay billion to cushion the impact of a very cantly negatively impacted by this en­ that. regressive energy tax. ergy tax that cannot pass it on. That So when you have a lot of prices So, in other words, we have a tax and means they are going to lose jobs. You going up, you are going to have infla­ spend program. We are going to raise may even push them over the cliff. You tion going up. That means the taxes on everybody, on manufacturers, may force them out of business and Consumer Price Index will rise and so we are going to put people out of work permanently lose a significant number will COLA's for veterans pensions and in steel, airlines, farming, autos, and of jobs. It may be the straw that will Social Security pensions. So our Fed­ the chemical industry. We are going to break the camel's back. I hope that eral outlays will also go up. Our out­ put a lot of those people out of work, does not happen. lays will go up to pay unemployment and we are going to raise the tax bur­ I will tell you it is going to happen. compensation for hundreds of thou­ den of consumers not only on the en­ There are economic consequences to sands of people who lose their jobs. ergy they buy, but on everything they what we do in Congress regardless of None of that was computed by Treas­ buy from food to appliances. You name what some people may pretend is not ury. Treasury forgot to consider the it, we are going to raise their taxes. the case. You can put too much of a dynamic impact of what this will do to Then President Clinton's proposal is burden in many sectors, and I am the economy. This energy tax will slow to cushion the impact. Well, let us afraid that is exactly what this energy down the economy. Ask any economist. cushion it. We are going to have a big tax is going to do. I happen to think If you had that significant of a price increase in food stamps, we are going that a $475 cost on a family of four is increase-$3.47 per barrel of oil-I to have an increase in low-income en­ too much. Maybe we can afford it in might tell my colleagues, when you ergy assistance, and, even better than Congress, maybe other people can in have that kind of price increase that, we are going to have a massive Washington, DC, but there are a lot of throughout the economy, it is going to increase in the earned income tax cred­ people out in rural Washington, or in cost jobs. No economist can say it it. We are going to write checks to peo­ rural Oregon, or maybe living in the would not cost jobs. It is in the hun­ ple who have low-paying jobs to make suburbs who cannot afford a 3-percent dreds of thousands of jobs. sure we balance this energy tax out. increase in their electric bill or a 4-per­ When you figure the increases in un­ In other words, we are going to raise cent increase in their natural gas bill, employment compensation, when you a lot of taxes on everybody and inflate or an 8 cent increase in their gasoline figure the fact we have to increase out­ the economy, and turn around with the and home heating oil. lays to the Department of Defense and other hand and give out the money, $42 I might mention, too, that President increase outlays to cover the COLA's billion. Clinton campaigned and said he was and so on, actually it turns out the Wait a minute. I thought this was a not going to raise gasoline taxes, yet Government does not net $71 billion deficit reduction exercise. You might this energy tax proposal is going to from this tax. We have had economists remember we only raised a net of $38 raise gasoline taxes 8 cents a gallon. I at the National Association of Manu­ billion. You take the $38 billion that think we should hold people account­ facturers estimate that the net amount we raised and you put it on the $42 bil­ able for what they say in campaigns. of revenue going to the Federal Gov­ lion, and this is a money-losing pro­ They should be consistent. Frankly, ernment is only $38 billion. This is in gram. The Government is going to lose they are not. spite of the fact that the gross amount $4 billion by this so-called exercise. Madam President, let me just touch is $95 billion. And their analysis makes I think it is an exercise in futility. I on a couple of other things. sense. think it is an exercise not in deficit re­ The overall economic impact. Let us look at it. If you own a cor­ duction; it is an exercise in increasing Treasury has stated that they will poration and your electric bill or your unemployment. I heard so many times raise in gross revenue $95 billion so gasoline bill goes up and you write that people say during the campaign it is they can net out $71 billion. We had off, you get a deduction for it. And "the economy, stupid." "We have to testimony before the Energy Commit­ your expenses go up, your income taxes really. emphasize the economy. We do tee last week, and it showed that there go down. That makes sense. Econo- not really care about the peripheral is- 4302 CONGRESSIONAL RECORD-SENATE March 5, 1993 sues that garnered so much attention money, and it will be different because mately leads to paralysis and death. from the media. It is really on the we will eliminate these very expensive There is also no known treatment, economy.'' taxes that will hurt the economy. We though clinical trials are underway on Again, I would just· like to tell my want a budget that we can afford. We a new drug that may hold promise for colleagues that the economy is impor­ want a budget that will bring the defi­ ALS patients and their families. tant. We need to watch the economy, cit down and not a budget that will Research is ongoing at the NIH and and we need to make sure we do not do only increase spending and increase its National Institute of Neurological anything that has an adverse impact taxes. Disorders and Stroke, and in labora­ on the economy. This income tax pro­ Madam President, I yield the floor. tories across the Nation. I am much en­ posal will cost jobs. It will cost hun­ couraged by a report in yesterday's dreds of thousands of jobs. It will cost IRRESPONSIBLE CONGRESS? HERE Washington Post, which indicates that jobs in the airline industry in Washing­ IS TODAY'S BOXSCORE researchers have "identified a gene de­ ton State, Madam President. fect that occurs in some cases" of ALS. Madam President, we want to create Mr. HELMS. Mr. President, the Fed­ This is an important development for a jobs. We want to increase employment. eral deb~run up by the U.S. Con­ disease that has mystified scientists I would like to reemphasize the fact gress-stood at $4,197,837,887,209.44 as of for so many years. that in February we increased jobs by the close of business on Wednesday, A particularly sensitive article on 380,000. March 3. this subject was written by a gallant The economy is growing. Anybody remotely familiar with the Rhode Island columnist and friend of In the last quarter, which ended in U.S. Constitution is bound to know mine for the Providence Journal, Brian December, the gross domestic product that no President can spend a dime of Dickinson. I believe this piece would be grew at 4.8 percent, the highest it has the taxpayers' money that has not first of interest to all of us and I ask unani­ been in years. The quarter before it been authorized and appropriated by the Congress of the United States. mous consent that it be placed in the was 3.4 percent. The economy is really RECORD. starting to move. It is doing well, I will Therefore, no Member of Congress, There being no objection, the article tell my colleagues. House or Senate, can pass the buck as was ordered to be printed in the I urge us not to pass such a punitive to the responsibility for this long-term and shameful display of irresponsibil­ RECORD, as follows: tax that will put people out of work. SLEUTHS GAIN IN SEEKING HELP FOR DAMAGED Let us allow this economy to grow. Let ity. The dead cat lies on the doorstep of the Congress of the United States. NERVES us build a positive economic base. If we During the past fiscal year, it cost (By Brian Dickinson) pass an economic package that has al­ the American taxpayers $286,022,000,000 I find myself embarked on a trip that I most $5 in tax increases for every dol­ merely to pay the interest on reckless would rather not have undertaken. It is a lar in spending cuts, we are not going Federal spending, approved by Con­ trip to the frontiers of medicine, a search for to help the economy; we are going to ways to understand the causes-and the pos­ gress-spending of the taxpayers' sible therapies-for that mysterious family suffocate the economy. We are going to money over and above what the Fed­ stifle any possibility for significant of diseases that attack people where they eral Government has collected in taxes move and think: in the nervous system. economic expansion. We will probably and other income. This has been what This is a large family of disorders, includ­ repeat the mistake that was made in is called deficit spending, but it's real­ ing as it does Alzheimer's disease, multiple 1990 and really aggravate a depressed ly a form of thievery. Averaged out, sclerosis, Parkinson's disease and any num­ economy. this astounding interest paid on the ber of other ailments, most of them distin­ Right now we have a growing econ­ Federal debt amounts to $5.5 billion guished by nasty habit and effect. They tend omy-until Congress tries to fix it. We every week, or $785 million every day­ to be unpredictable, irreversible and (so far) do not need the stimulus program, we largely immune to treatment. just to pay, I reiterate for the purpose But medical science is stepping up its fight do not need $16 billion in new spending of emphasis, the interest on the exist­ to try to pump it up in government against these neurological wreckers, and ex­ ing Federal debt. perts say these efforts show exciting prom­ make-work jobs that will cost $55,000 Looking at it on a per capita basis, ise. Specialists in several of the fastest-mov­ per job. We do not need to make those every man, woman, and child in Amer­ ing medical fields, especially genetics, bio­ kinds of foolish mistakes. I urge my ica owes $16,342.97, thanks to the big technology and immunology, report notable colleagues to look at the facts, to look spenders in Congress for the past half gains in understanding them. at the details in these programs that century. The interest payments on this No one is proclaiming cures or "magic bul­ are proposed by President Clinton and lets" for any of the nerve diseases just yet. massive debt, average out to be Given the complexity of the nervous system, then let us make a judicious decision. $1,127.85 per year for each man, woman, Madam President, I think it is to­ and the exacting challenges of discovering and child in America. Or, looking at it exactly how a nerve cell can go wrong, any­ tally inappropriate for the Budget still another way, for each family of thing resembling actual cures may be a long Committees to be marking up a budget four, the tab-to pay the interest way off. Yet research has been galvanized by next week. I hope that that is not the alone, mind you-comes to $4,511.40 per the possibilities of dramatic advances, and case. I hope we do not make that mis­ year. this may encourage the millions afflicted take. We do not have the budget, I Does this prompt you to wonder what with a nerve disorder. might tell my friend and colleague America's economic stability would be Exploring the mysteries of nerve science is from Oregon. We do not have the de­ like today if, for the past five or six a far cry from the current affairs that form tails yet in defense. We do not have the this writer's usual diet. But my interest in decades, there had been a Congress this side of medicine was excited a couple of numbers. We have an outline. We have with the courage and the integrity to months ago when doctors diagnosed me as a document that is 100 pages but it maintain a balanced Federal budget? having a nerve disease called amyotrophic does not really give the details. We The arithmetic speaks for itself. lateral sclerosis (or ALS), widely known as need to have the figures. Lou Gehrig's disease, after the famous New I also will tell my colleagues who York Yankee slugger of the 1930s, whose ca­ say, "Where is the Republican alter­ LOU GEHRIG'S DISEASE reer the disease ended tragically and early. native?" We would like to see the Mr. PELL. Mr. President, amyo The diagnosis stunned me, for I knew just President's budget. I will tell you that trophic lateral sclerosis [ALS], also enough about ALS to be scared. The disease, which afflicts perhaps 30,000 Americans, at­ we will have significant amendments, known as Lou Gehrig's disease, is a tacks nerve cells (neurons) in the brain and if not a complete alternative, and it particularly devastating disease. Its spinal cord, causing muscles to weaken and will be significantly different than the most recent victim in the Senate was waste away. The cause of the disease re­ President's budget, different in two our colleague Jack Javits. mains unknown. Historically, it has been de­ areas. It will be different because we At this time, there is no known cure fined as degenerative, incurable and inevi­ will spend a lot less money, a lot less for this nerve disorder, which ulti- tably fatal. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4303 In my own case, to date, the right leg has TRIBUTE TO ROBERT J. WILLIAMS the people to take back politics, the weakened and I limp rather emphatically, need to make self-government a re­ walking with the aid of a cane to ward off Mr. BUMPERS. Mr. President, I rise today to pay tribute to Robert J. Wil­ ality, the need for participation by the the occasional risk of falls. There is almost people in dealing with the problems of no pain, however, and on most days I drive liams, one of the Federal agents re­ myself to work. cently killed near Waco, TX. the people, I think we cannot begin it So much for setting the scene. What has Robert J. Williams was one of five too soon. given rise to considerable hope is news that Little Rock, AR-based Bureau of Alco­ When I think of the message of the ALS researchers are moving fast on several hol, Tobacco and Firearms agents as­ last election which was that the people new drugs, drugs that in tests have shown signed to the raid on the cult leader's want to reclaim politics in this coun­ promise in slowing or even halting the de­ compound last week in Texas. try from the vested interests and from generation of those nerve cells, known as This young man, gunned down 1 day the auction block, when I think of the motor neurons, that control muscle· move­ meaning of America, which is self-gov­ ment. shy of his 27th birthday, is indicative of the type of dedicated public servant ernment in the fullest sense, I say we It was last· December, just after my own cannot begin it too soon. ALS was confirmed, that I began to learn of that we find in Government service. Mr. President, this bill is an impor­ the remarkable gains that research is record­ Noted by his superiors as always tant first step in the direction of the ing in this field. The story is an increasingly "more than willing to fall out of bed at political reform the people are calling dramatic one, with implications of potential 2 a.m. and give a hand if you needed as­ for. They are talking to us in town help for people afflicted with several dif­ sistance," Robert J. Williams joined ferent nerve diseases. meetings, and by telephone and by BATF in 1988 when he was assigned to messages to an extent I have never Two years ago, a team of neurologists re­ Little Rock. ported finding the gene believed to cause the seen before in my lifetime. But the He prepared himself for a career in first way for the people to talk, to inherited strain of ALS. In other laboratory law enforcement by completing a de­ tests, mice with the animal form of ALS speak the truth to people in power is showed better mobility after treatment with gree in criminology at Florida State by the power of the ballot. There are an experimental drug. Still other researchers University. Though he spent most of all kinds of obstacles to that ballot. We have discovered that ALS patients lack a his life in Mississippi, he shared his tal­ saw them in Pennsylvania and we took crucial brain molecule that helps soak up a ents with the people of Arkansas and action to try to open voter registration powerful chemical called glutamate; when it our region. accumulates to excessive levels between in employment offices, welfare offices, I join scores across Arkansas and this and public buildings, and we removed brain cells, motor neurons are believed to Nation in offering condolences to his weaken and die. some of those barriers. But this bill wife, Cindy, and his other family mem­ goes much further and dramatically re­ Such minutiae, normally of only passing bers. concern to the healthy, becomes of intense moves the barriers to America becom­ interest to one who finds himself ailing. Robert J. Williams was a dedicated ing what America should be. When doctors told me in December that I public servant. He considered public So when I think of how we have pro­ might be able to take part in a nationwide service a high calling and he gave his moted democracy around the world, study of a promising new ALS drug, I was life in the service of his fellow man. It promoting democracy today, we should greatly cheered. This test, involving about is incumbent upori all of us to work to be promoting democracy around the 700 ALS patients nationally, is being spon­ eliminate the climate where situa­ world, when I think of that, and I look sored by a well-regarded biotechnology com­ tions, such as the one that he encoun­ at this bill and what it would do to pany, Regeneron Pharmaceuticals of tered, exist in our society today. Tarrytown, N.Y. Like a competitor, bring that principle back home to Synergen Inc., of Boulder, Colo., Regeneron America, the fundamental principle of has synthesized a large protein molecule CONCLUSION OF MORNING democracy, I say as to this penny that with the mind-bending name of "ciliary BUSINESS has come back, "brown penny, brown neutrotrophic factor," or CNTF. If the Food penny, we cannot begin it too soon." and Drug Administration approves testing The PRESIDING OFFICER. Morning I yield the floor. this drug, as is shortly expected, I and my business is closed. The PRESIDING OFFICER. Who fellow guinea pigs will be receiving an in­ yields time? The time will be deducted jected dose every other day for the next nine equally from both sides. months, perhaps longer. NATIONAL VOTER REGISTRATION ACT OF 1993 Mr. FORD. Mr. President, my col­ What makes CNTF so fascinating is that it league is not here to use his time. I do is just one of many substances, known as The Senate resumed consideration of not know what the parliamentary pro­ factors, that promote cell growth. If nerve the motion to proceed. growth factors can be introduced into the cedure will be. I think I may have 45 body of an ALS patient, the reasoning goes, The PRESIDING OFFICER. The Sen­ seconds left. they may show success in combating the ate will now resume consideration of The PRESIDING OFFICER. The Sen­ worst effects of the disease. Similarly, some the motion to proceed to S. 460, with ator has 1 minute. researchers suggest that other nerve dis­ the time between now and 9:40 a.m. to Mr. FORD. Mr. President, we have eases, such as Alzheimer's, may some day re­ be equally divided and controlled be­ made and heard all of the arguments, spond to nerve-factor treatment. tween the Senator from Kentucky [Mr. pro and con on this piece of legislation. I suppose I should be a bit spooked to con­ FORD] and the Senator from Kentucky We have heard the argument that it template taking shots full of fat protein mol­ [Mr. MCCONNELL]. would not benefit, we would force peo­ ecules (and to foresee doing this every other Mr. FORD. Mr. President, I yield 3 ple to vote. The point is that they are day for months on end, at that). But I am minutes of my time to the distin­ eligible and they are registered and not at all alarmed by the prospect. If any­ thing, I find myself encouraged, challenged guished Senator from Pennsylvania. they can vote. and even excited, in an odd way, to be taking The PRESIDING OFFICER. The Second, we have heard a lot about part in a clinical trial of a new drug for ALS. Chair recognizes the Senator from fraud. That fraud statement has been Doctors tell me that the Regeneron drug is Pennsylvania. refuted time and time again by those by far the most promising product yet de­ Mr. WOFFORD. Mr. President, my who participate at the grassroots level. vised for controlling the effects of ALS. friend, the junior Senator from Ken­ We have heard about the increased We shall test the accuracy of this pre­ tucky, referred to the motor-voter bill cost. That has been refuted particu­ diction. But one thing already is sure in my as a "bad penny which keeps coming larly by the large State of Texas where mind: At a time when President Clinton is back." Mr. President, I want to re­ they instituted the motor-voter, did assailing the drug industry for excessive profits, it is encouraging to remember that spond with a line from a Yeats poem: not increase the appropriations, and drug companies are putting immense efforts "Ah, penny, brown penny, brown have already since they just started I into seeking products that could bring about penny, we cannot begin it too soon." think the first of the year registered life-saving breakthroughs. There are those of Mr. President, when I think of the almost an additional 50,000 people who us who cannot help but admire their efforts. needs of our country, and the need for are eligible to vote. 4304 CONGRESSIONAL RECORD-SENATE March 5, 1993 We hear that it may help one party CALL OF THE ROLL NOT VOTING-12 or the other. There are 27 States that The PRESIDING OFFICER. By unan­ Bennett Johnston Rockefeller have some sort of motor-voter and 17 of Breaux Krueger Sasser imous consent, the quorum call has Craig Leahy Thurmond those States are represented by Repub­ been waived. Gregg Packwood Wallop licans. So I do not understand why the Re­ The PRESIDING OFFICER. On this publican side of the aisle is so vehe­ vote, the yeas are 52, the nays are 36. mently opposed to allow-as the sec­ Three-fifths of the Senators duly cho­ retary of state of California said, let VOTE sen and sworn not having voted in the the people reconnect with their govern­ The PRESIDING OFFICER. The affirmative, the motion is rejected. ment. question is, is it the sense of the Sen­ Mr. FORD. Madam President, I sug­ So I can give you all these States and ate that the debate on the motion to gest the absence of a quorum. how many Republican Senators rep­ proceed to S. 460, the National Voter The PRESIDING OFFICER. The resent each State and all of those. But Registration Act of 1993, shall be clerk will call the roll. the arguments I think are valid in brought to a close? The assistant legislative clerk pro­ favor of this legislation this morning. The yeas and nays are automatic ceeded to call the roll. We probably will not be able to get clo­ under the rule, and the clerk will call Mr. BRADLEY. Madam President I ture, but we will be very close. I think the roll. ask unanimous consent that the order the handwriting will be on the wall. The legislative clerk called the roll. for the quorum call be rescinded. Mr. FORD. I announce that the Sen­ The PRESIDING OFFICER. Without The Republicans are saying for some objection, it is so ordered. reason if you are not registered to ator from Louisiana [Mr. BREAUX], the Senator from Louisiana [Mr. JoHN­ Mr. BRADLEY. Madam President, I vote, too bad, it was your fault Mr. regret the action that the Senate has Citizen. It was your fault, it i~ not STON], the Senator from Texas [Mr. KRUEGER], the Senator from Vermont just taken on this bill. I think that it ours, Mr. Citizen. · is time that we realize that the way we The issue is not cost. It is not un­ [Mr. LEAHY], the Senator from West Virginia [Mr. ROCKEFELLER], and the now organize voter registration in this funded mandates. It is not fraud. It is country denies access to the ballot to whether Government should make the Senator from Tennessee [Mr. SASSER], are necessarily absent. 40 percent of the voting-age population. voter registration system simple, more It is pretty difficult to hold your head convenient and more accessible to the Mr. SIMPSON. I announce that the Senator from Utah [Mr. BENNETT],' the high and lead the world as a democracy citizenry. when 40 percent of your voting-age pop­ I yield the floor. Senator from Idaho [Mr. CRAIG], the Senator from New Hampshire [Mr. ulation could not vote if they wanted Mr. McCONNELL addressed the to vote. Chair. GREGG], the Senator from Oregon [Mr. PACKWOOD], the Senator from South They cannot vote, Madam President, The PRESIDING OFFICER. The jun­ because obstacles are placed in the ior Senator from Kentucky controls Carolina [Mr. THURMOND], and the Sen­ ator frOJ? Wyoming [Mr. WALLOP], are path of them registering to vote. I be­ the time between now and 9:40. lieve that it is a real test of both par­ Mr. MCCONNELL. Mr. President, we necessarily absent. I further announce that, if present ties, it is a real test of our democracy are going to be debating this for some generally, to remove these obstacles. days ahead. As I said yesterday, this is and voting, the Senator from Wyoming [Mr. WALLOP] and the Senator from If there is a history in this country essentially a solution in search of a South Carolina [Mr. THURMOND] would that we can all be proud of-and there problem. It is remarkably easy to reg­ vote "nay." are many aspects of our history that ister to vote in every State in the The PRESIDING OFFICER (Mrs. we can be proud of-certainly the his­ United States today. The fundamental tory of broadening of access to the bal­ question is whether we want to follow BOXER). Are there any other Senators in the Chamber who desire to vote? lot is one of them. President Clinton's advice and try to On the day in which we cast a vote to move away from unfunded mandates The result was announced-yeas 52, nays 36, as follows: deny such a simple reform as motor­ requiring States to do things they can­ voter, it is important to reflect upon not afford and providing them with the [Rollcall Vote No. 25 Leg.] the fact that when the Constitution marvelous opportunity of particularly YEAS-52 was written the only people who could picking up the tab for it. That is what Akaka Feinstein Mikulski vote were white males with property. this bill is all about. I am confident Baucus Ford Mitchell Bid en Glenn Moseley-Braun It was not until the 1830's that white that we will still be discussing it next Bingaman Graham Moynihan males without property could vote. week, and I will be happy to yield back Boren Harkin Murray It was not until the 1860's that black whatever few moments I have remain­ Boxer Hatfield Nunn males could vote. Bradley Heflin Pell ing. Bryan Hollings Pryor It was not until 1920 that women of The PRESIDING OFFICER. The hour Bumpers Inouye Reid whatever color could vote. of 9:40 a.m. having arrived, under the Byrd Kennedy Riegle It was not until the 1960's that some Campbell Kerrey Robb previous order, the clerk will report Conrad Kerry Sarbanes of the obstacles to the participation of the motion to invoke cloture. Daschle Kohl Shelby people of color were removed in the The assistant legislative clerk read DeConcin! Lautenberg Simon voting process·. Dodd Levin ·Wellstone And it was not until the 1970's people as follows: Dorgan Lieberman Wofford CLOTURE MOTION Ex on Mathews over the age of 18 were allowed to vote. We, the undersigned Senators, in accord­ Feingold Metzenbaum I think it is important that we keep ance with the provisions of rule :xxn of the NAYS-36 that tradition in mind and put that tradition in the context of triumph for Standing Rules of the Senate, hereby move Bond Duren berger Mack to bring to a close the debate on the motion Brown Faircloth McCain liberal democracy worldwide when we to proceed to S. 460, the motor-voter bill: Burns Gorton McConnell reflect on what we have done today. Wendell Ford, Tom Daschle, Bob .Kerrey, Chafee Gramm Murkowski Over the last decade, billions of peo­ Harlan Mathews, Harris Wofford, Pat­ coats Grassley Nickles ple have thrown off the yoke of non­ ri?k J. Leahy, Daniel K. Akaka, Jeff Cochran Hatch Pressler Bmgaman, Dale Bumpers, Russell D. Cohen Helms Roth democratic regimes in favor of demo­ Feingold, Carol Moseley-Braun, Bob Coverdell Jeffords Simpson cratic government. D'Amato Kassebaum Smith As the apex of this worldwide tri­ Krueger, Howard M. Metzenbaum, John Danforth Kempthorne Specter Glenn, Joseph Lieberman, Don Riegle, Dole Lott Stevens umph, it is very difficult for us to Paul Wellstone, George Mitchell. Domenici Lugar Warner claim world leadership if, while these March 5, 1993 CONGRESSIONAL RECORD-SENATE 4305 events are taking place, we, in the Sen- will not be able to exercise their rights We thought, a couple of years ago, ate, are voting not even to expand the as Americans. that we had stopped the importation of right to participate slightly. I regret the decision the Senate took assault weapons in this country. If I Madam President, I hope that my today. I hope there will be some Mem­ am not mistaken, George Bush issued friends on the other side of the aisle bers on the other side of the aisle who an executive order to do it because the understand that their party is a party will see beyond the immediate par­ pressure was mounting. And the pres­ that has a deep tradition and a moral tisanship of this issue-and it is a bla­ sure in this country is mounting daily responsibility on two issues-a tradi- tant kind of partnership, there is no about the gun culture of this Nation. tion that flows from the origins of the question about that-who will see be­ Yesterday morning, I picked up the Republican Party from the time of yond this partisanship to the larger paper and read this feature story in the Abraham Lincoln. If our colleagues on question which is the future of our de­ Washington Post that the Chinese are the other side of the aisle want to con- mocracy and the future of our leader­ exporting mostly their version of the tinue to claim the tradition of Lincoln, ship in the world. If they see that, they AK-47, 2 million a year, into this coun­ they cannot do so at the same time will change their vote on this issue. try. they are denying people the right to We are always talking about China, How can a nation consider itself civ­ participate in the process. how repressive China is. Or we are al- ilized and stand idly by and watch this It is self-evident what this vote ways talking about this country or sort of thing happen? means. It means that the party of Lin- that country that does not have de­ Last year, a majority of the Members coin does not want to give access to mocracy. We are not authoritarian. of this body voted to ban the sale of the process to those who now do not But placing obstacles in the path of nine military assault weapons. I was yet have it. voter registration is a way to accom- one of those who voted for that. And And who are the 40 percent of the . plish relatively similar results. until this moment, nothing has been voting-age population that now could People always say, in America only done. The House would not go along not vote if they wanted to vote? They 60 percent were registered to vote. So a with it. The President would not sign are disproportionately poor, minority, very high percent of those registered the bill. You cannot even get a Brady and young. We get laws that reflect our do vote. bill passed. voting population. It is an illusion to I personally believe it is our moral The Pakistani who did the killing believe that we are going to be able to obligation to widen the franchise, to out at the CIA slipped through the meet the challenges of the 21st century take a historic step in broadening the cracks of the Maryland gun law and without meeting the challenges of that pageant of participation in our democ­ was able to buy that AK-47. I forget ex­ part of our population that is dis- racy. And it is beyond me, why the actly what the little glitch in the law proportionately poor, young, and mi- other side cannot come along. We have was there about that, but I think it nority. Therefore, the only answer is to had this vote early in the first couple was this. I think that the waiting pe­ make the franchise more available to weeks of the new term with a new ad­ riod of 3 days in Maryland to buy a people to encourage them to partici- ministration. I hope we might revisit weapon did not apply to assault weap­ pate so that the decisions that are this issue, and that there are people on ons; it only applied to handguns. Now, made in the Congress reflect the full the other side of the aisle who will look here is a weapon that is 10 times more makeup of our country and to just 60 a little longer term and change their lethal than any handgun, and it was percent of the voting-age population. votes, so we can make this modest re- not included in the waiting period The number of Latino-Americans in form. under Maryland law. So he just walks the last decade has increased 50 per- Again, this is really not fully what in and buys it and goes out to the CIA cent; the number of Asian-Americans we should be doing. We should be doing and starts shooting. in the last decade doubled. We have an much more. This is a very modest re­ Have you noticed that all of these increasingly diverse society. We also form. mass murders almost invariably in­ have a society where there is an in- Madam President, I did rise simply to volve those assault weapons? That creasing gap between the wealthy and share those thoughts with the Senate compound in Waco, TX, I am going to the poor. We play with fire if at the on a day when I think the Senate could be interested to see how many of these same time these demographic and in- have been better. I hope my colleagues military assault weapons they find come statistics stare us in the face, we on the other side of the aisle recognize when they go in there. continue to say: No, we are not even their place in history with this vote. Madam President, I have always said, going to open up this process a sliver, I yield the floor. and I really believe this, the American we are not even going to open up this The PRESIDING OFFICER. The Sen- people are entitled to be wrong occa­ process so that when you go in and get ator from Arkansas. sionally. We were wrong in the South a drivers license, you will be able to Mr. BUMPERS. I thank the Chair. because we defended slavery. We were register to vote. Or when you go into a (The remarks of Mr. BUMPERS per- wrong in the South because we de­ public building to get Social Security taining to the introduction of S. 517, S. fended segregation. The Nation is or welfare, you will be able to register 518, S. 519, and S. 520 are located in to­ wrong, it was wrong in the 1980's to to vote there. day's RECORD under "Statements on In- believe you could cut taxes There are some places in this country troduced Bills and Joint Resolutions.") exponentially, triple defense spending, where, if you want to vote, you have to and balance the budget. Sheer lunacy. go to the clerk's office between 10 and So we have a right to be wrong occa­ 2 in the afternoon. That is great unless CHINESE ASSAULT WEAPONS sionally. But I can tell you, you give you work. If you and your wife work, Mr. BUMPERS. Madam President, I the American people good information, how are you going to get to the clerk's perhaps should not say this, but Sen­ and they will come to a good conclu­ office? ator KASSEBAUM, Senator PRYOR, and I sion. Let there be no mistake. The other were talking this morning about offer­ Harry Truman-! have told this story side of the aisle, by casting this vote, is ing an amendment at the earliest pos­ on the Senate floor a half dozen endangering their ability to claim the sible time to stop what can only be times-told me one time, he said: "Sen­ tradition of Lincoln. I do not think considered as one of the most bizarre ator, put your faith in the people." that is good for this democracy. I think things going on in the country that That was a thing I admired about Bill everybody should participate; let the was revealed to me yesterday for the Clinton's State of the Union Address. people vote. But do not short circuit first time, and that is the Chinese ex­ He did not try to finesse it. He did not the process at the beginning by saying porting 2 million assault weapons for try to say we are going to balance the we are going to put obstacles in the retail sale in the United States every budget with rhetoric. He said we are process of registration so that some year. going to raise your taxes, we are going 4306 CONGRESSIONAL RECORD-SENATE March 5, 1993 to cut spending, and we are going to al­ them, such as the superconductor super save over $300 million next year and ienate an awful lot of people. To sug­ collider, such as the space station. I as- fund those programs we are talking gest we can get out of the mess we are sume today the Senator is talking about? Why is that not a legitimate ar- in and make everybody happy at the about even more than that. gument? same time would be the height of hy­ I urge that the Senator give consider- Mr. DOMENICI. It is a legitimate ar- pocrisy. And the thing about the ation to doing what will be needed to gument. What I am saying is, if you speech was that he said I am trusting see that those kinds of savings that the have a cap-let me just pick a num­ you to be told the unpleasant truth­ Senator is trying to accomplish actu- ber-on total discretionary spending we are in a heap of trouble. ally save the taxpayers of America the that .is $256 billion. What I am saying is My God, I have waited for 12 years to dollars he claims we are going to cut. that while you take out $500 million hear that speech. So when people start The Senator from Arkansas might and increase WIC or one of the other saying, "I just hate that plan; ·it is quickly say it is obvious if we cut the programs, the rest of the appropria­ going to raise my taxes," this, that, space station we save money. To my tions process will fill in the gaps and and· the other, I say, well, at least give friend, I say it is not so obvious. In go right back up to that $256 billion. him credit for something that politi­ fact, it will not happen unless, as part That happens all the time. When we cians cannot find it in their hearts to of that, he finds a way to support an think we are cutting the deficit, it gets do anymore-trust the people with the enforceable cap on domestic spending, filled in right up to that cap. truth. One of the reasons almost in­ or he will save in one place and spend That is the subject that I raise with stantly the polls showed people favored it all in another place. You cannot help the Senator today. I am not suggesting the Clinton plan was because they it, because Congress will spend right up that we do that with the exact 1-for-1 knew that no politicians tell them to the existing caps allowed. So you · perfection. I am suggesting it is very things like that unless it is absolutely think you are saving but you are not similar to what is happening in the essential that they do it. No politicians unless you reduce the threshold of al- President's budget. What I am discuss­ want to bring unpleasant truths to lowable discretionaries. ing is happening there because the their constituents. I do not want to take a lot of time on President has found that we should Harry Truman said, "Son, you will go it. This is not said by way of criticism. spend more money than we are spend­ a long way if you trust the people; just This is merely an observation of one ing. He has said we have to spend more tell them the truth as best you can and who has been at it for a long time. I be- on domestic programs than we are now they will handle it." lieve I shared that with the Senator spending. And he then provides for So Bill Clinton did that. And I am privately the last time he made a very cuts. But the problem is that the saying, not only in this case can we say serious speech on that subject. I did spending exceeds the cuts. to the American people it is not pleas­ not do it on the floor. I think I did it So, if you are interested in the defi­ ant; you do not like Congress and you as we walked down the hall. I truly be- cit, you do not affect the deficit. In may like us even less when we get lieve that we have to find a way, if he fact, I can tell you CBO's numbers as of through, but our duty is not only to were taking it out of domestic pro- yesterday say that we are only going to protect and defend the Constitution of grams, a way to save and, when we cut expenditures on the total appro­ the United States, it is to save the take it out, we do not spend it some- priations side, including defense, over United States. place else. the next 5 years $55 billion. We have So we have solemn duties around Having said that, I want to speak to heard all kinds of big numbers. We here. We have solemn duties socially as another subject. heard we are cutting defense $112 bil- well as economically. To allow 2 mil­ Mr. BUMPERS. Will the Senator lion. We heard we are cutting 150 pro- lion assault weapons to come into the yield for a personal remark? grams on the domestic side. But the United States from China every year is Mr. DOMENICI. Indeed. problem is that we are now spending absolutely unacceptable, Madam Presi­ Mr. BUMPERS. I think I understand more than we cut. We are even spend­ dent. what the Senator is saying. Let me ask ing a huge portion of the defense cuts Madam President, I yield the floor. this question: For example, President for more domestic programs. The Con­ Mr. DOMENICI. Madam President, Clinton, as the Senator knows, has gressional Budget Office now says that what is the parliamentary situation? considerable spending increases in his there are net spending cuts of $55 bil- Do I need consent to give a speech as if program. lion and net new taxes of $267 billion. in morning business? Mr. DOMENICI. Correct. I am not suggesting that there is any The PRESIDING OFFICER. The Sen­ Mr. BUMPERS. Let me take one, misrepresentation. I am not suggesting ator may proceed, without objection. WIC. I am very familiar with that be- that the President is not asking that Mr. DOMENICI. I thank the Chair. cause I am chairman of the Agriculture we pay a lot more taxes and sacrifice, I say to my friend Senator BUMPERS, Subcommittee on Appropriations, and because he is. I compliment him on fo­ from Arkansas, if what he has said we have jurisdiction over WIC and food cusing on the deficit. I compliment about assault weapons from China is stamps. Interestingly enough, about 57 him 1 ·million percent for doing that, true-! do not doubt it-let me assure percent of our budget has nothing to do focusing on the deficit. But I think it him he will get a lot of support, he and with agriculture. But here is my point. bears telling the public that most of others that he spoke of, in trying to If I can save money-first of all, let the deficit reduction-in fact, $4.80 of see that does not continue. I thank him us assume that the Senator and I agree all the deficit reduction is taxes and $1 for bringing it to our attention today. that the WIC program needs increased is net spending reductions. As I said, a lot of these things get by funding. We are only serving 55 percent So even in that budget we are seeing without people knowing about it. We of the women in the country who need a cut in a program and fill it in with wake up and find out what we tried to assistance. Let us assume we need the another one. We have to find a way to do did not happen. I, too, thought they $300 million or maybe $500 million in- decide whether we want to do that be­ were banned, whether they were from crease in childhood immunization. Let cause that is a pretty different situa­ China or anywhere. So I compliment us assume there are other programs tion than most people understand. him on that part of the statement. I do that are meritorious that nobody I do not believe the distinguished not know that I agree with all of the would quarrel with. Senator from Arkansas, knowing what rest. Is it not, No. 1, reasonable to expect he knows about waste in Government But I will share a notion with him us to increase funding in those pro- and programs, which he feels to his before I go to my remarks. I am aware grams and, No. 2, is it not reasonable soul should not continue, and he offers that the Senator is offering and has of­ to say why are we building this solid to cut them~some of it not very popu­ fered in the past proposals that would rocket motor which NASA does not lar, I will agree, and some not popular cut existing programs or eliminate need and does not want and we could with his friends here. But I do not be- March 5, 1993 CONGRESSIONAL RECORD-SENATE 4307 lieve that the Senator from Arkansas Mr. BUMPERS. If I may make a final the fiscal policy plan that we are going would say that Government is being comment, and I think you will agree to vote on. Senator BUMPERS just made asked to sacrifice when Government with me on this. The thing that makes the case that it is the entitlement pro­ has been growing, growing, growing, that doubly troubling, when you talk grams, led by health care costs, that when we only ask that Government about putting a cap on domestic discre­ have really created this burgeoning take a $55 billion hit and the taxpayers tionary spending, the Senator has dealt deficit . .And I must say that if you look take a $267 billion hit by way of new with-he has been chairman of the at the President's budget and fiscal taxes. I think he would say let us cut Budget Committee and ranking mem­ plan, this new tax that you are going some more on that $55 billion side. In ber since 1986, so he is well versed in to ask your taxpayers to pay, be it the fact, I think that is what the Senator these things. But I remember our wealthy, the medium wealthy, or ev­ is saying. chairman of the Appropriations Com­ erybody, on the Btu tax, all of that tax Mr. BUMPERS. I need to say let us mittee, Senator BYRD, last year and is being applied to a deficit with the cut some more or not spend so much or the year before, made much of the fact idea of getting it under control. both. that over the preceding 10 years prior I must tell you that the only signifi­ Mr. DOMENICI. Exactly. to 1992, that defense spending over that cant real cuts are on the discretionary Mr. BUMPERS. But the question I 10-year period had gone up something appropriations side of the budget, be­ want to ask: Is that a CBO report that like 125 percent; entitlements, which tween defense and domestic; that is it. just came out? And a lot of the defense is being used Mr. DOMENICI. Yes, yesterday. includes Social Security, and I do not Mr. BUMPERS. I intend to get that think it is fair to social security recipi­ for more domestic. The point of it is because that is a very alarming set of ents to call it entitlements-- that we are not going to have the defi­ figures the Senator has just given. I am Mr. DOMENICI. What was that? cit anywhere close to being under con­ just like him. I do not intend to tell Mr. BUMPERS. Social Security trol after we put all of this new tax on. the taxpayers of Arkansas that they spending in that same period had I know the President has a problem are expected to pick up $4.80 for taxes began-entitlements had gone up well with this, because he has said so during for every dollar we cut in spending. It over 100 percent. Foreign aid, which his campaign, and every time I heard was originally dollar for dollar. shocks everybody, has actually gone it, as a Republican, I lauded him for Mr. DOMENICI. Yes, indeed. We un­ down a half a point. When you go to knowing facts. He said that unless we derstand they have put on the tax side your town hall meetings, everybody is control health care costs, we cannot what they believe are taxes. So let us­ saying: why can you not stop all that get the deficit under control. I was for starters, there is a $30 billion new giveaway spending to foreigners? If thrilled that somebody that could talk tax being imposed on senior citizens in that were the big problem-- to all Americans regularly, instead of going to the new level of 85 percent Mr. DOMENICI. In the scheme of small groups like I do, was able to when they are earning over $25,000. You things, it is about S20 billion out of a come to that conclusion and say it. But see in the President's proposal, that $1.7 trillion budget, and steady. the problem is we are putting on all was counted as a spending cut. But Mr. BUMPERS. I understand it was this new tax, and we have not yet ad­ CBO does not count it as a spending closer to $15 billion, but maybe you are dressed the real enemy in terms of cut. right. In any event, the fourth cat­ costs. So it concerns me as to where we Mr. BUMPERS. How would you count egory of spending, domestic discre- . are really going. that as a spending cut? tionary spending, had stayed static, I want to get back to the subject that Mr. DOMENICI. It is a long story. I counting inflation. I think it had de­ brought me to the floor. Amidst all of am not going to say there is no ration­ clined three-fourths of 1 percent maybe the talk about new programs, all of the ality for it. But what I am saying is the during that same period of time. talk about stimulating the American public thinks it is a tax increase. CBO, What is domestic discretionary economy, let me report here on the Congressional Budget Office, the neu­ spending? That is what we spend on floor what the Department of Com­ tral scorekeeper, the referee, put it in ourselves for health care, education, merce of the United States has found the tax increase side. That is not the and highways to make ourselves a with reference to the American econ­ whole reason for this big ratio of 4.8-1. great nation. That is the area of spend­ omy and jobs. The gross domestic prod­ But I just give one example. ing that got slighted more than any uct growth in the fourth quarter is Mr. BUMPERS. First of all, I want to other in the 1980's. It did not get in­ bearing fruit. The unemployment rate thank the Senator for yielding to me creases. fell again. It is now 7 percent in Feb­ and engaging in this little colloquy. Mr. DOMENICI. It is not health care, ruary, and 365,000 jobs were created, But let me say that I intend to go to though, Senator. the biggest 1-month increase since my office right now and get that CBO Mr. BUMPERS. Take that one out. 1989---365,000 new jobs, added to 106,000 report and look it over. We will con­ Mr. DOMENICI. Entitlements are in January. If my arithmetic is right, tinue this discussion either on the floor mandatories. January and February, the American or in private later. Mr. BUMPERS. That is the thing economy responded and produced as Mr. DOMENICI. I might say to my that shot entitlements off the map. many new jobs-that is almost 500,000- friend, the Congressional Budget Office You and I both understand that. I am as the President's proposals to spend was asked to do this by four commit­ talking about things like education, Federal money creating jobs and to tees, leadership of the Appropriations student loans, and highways. give businesses tax breaks to create Committee, upon which you and I both Mr. DOMENICI. The National Insti­ jobs. For he says, "do that for Amer­ serve, the leadership of the Budget tutes of Health. ica, and it will create 500,000 jobs." Committee, and I am the ranking Mr. BUMPERS. Absolutely, immuni­ Well, it is not cheap. The American member, and our counterparts in the zation is not an entitlement. That is taxpayer will pay $16 to $18 billion, if House, sent a letter to Dr. Bob part of the program. It is in that area the plan works, to create Government­ Reischauer saying: would you run Con­ we should have been spending money to type jobs and spend Government gressional Budget Office numbers on make ourselves a better people, more money to create jobs. To state the the President's package, as we now educated, productive, and more crime­ numbers precisely, 365,000 jobs were know it? Of course, they did tell us-so free people. We slighted ourselves created in February. That is almost you will know-and they said: we can­ there. I thank the Senator for the four-fifths of the jobs that the Presi­ not tell you the total effects, because time. dent says we should create with Gov­ we do not have a budget. But they did Mr. DOMENICI. I thank the Senator ernment action. these, how much taxes, how much real for his observations. Let me go through the optimistic reduction in expenditures, and I think To fill in that gap, Madam President, numbers one more time and suggest that is what they have concluded. that is one of the disturbing aspects of that the American economy, while not

69- 059 0-97 Vol. 139 (Pt. 3) 43 4308 CONGRESSIONAL RECORD-SENATE March 5, 1993 producing as many jobs as we would from 7.1 percent to an even 7 percent, be at the front of the line with real like, is the most vibrant economy in and those numbers also mean that the spending cuts in hand. the free industrial world today. We are Bush recovery is steaming ahead. Let ANOTHER LOOK AT THE PRESIDENT' S PROGRAM adding more jobs than Germany ever me repeat that-the Bush recovery is Yesterday morning, I had a chance to thought of, or than Japan is even steaming ahead. Inflation is down. In­ glance through the Congressional thinking of; they are worried about a terest rates are down. Jobs are up. Budget Office's preliminary analysis of recession, both of them. England is in Consumer confidence is up. Home sales the Clinton economic plan. Last night, recession; they are not creating new are surging in many areas, all thanks I took a little longer, and I learned a jobs. The American economy created to the Bush recovery. little more. 365,000 new jobs in February. The un­ In fact, U.S. economic growth was It seems CBO has the same problem employment rate has fallen seven­ the best of any major industrial nation with the Clinton plan that the Repub­ tenths of a percent in 8 months. in 1992, with fourth-quarter growth last licans do. The report says: It is now 7 percent back to the level year a robust 4.8 percent. Because the [President's] April budget is in 1992. So I submit that there is no So, the Bush recovery goes on, and likely to modify or clarify some of the ad­ need to spend more of our taxpayers' it's just the latest reason why we don't ministration's proposals, CBO's analysis money to increase the deficit by $16 to need a $16 billion spending stimulus for must be viewed as preliminary. $18 billion in new expenditures, and I an economy that is already recovery­ Let me underscore CBO's use of the hope that everybody understands when the Bush recovery. word "preliminary." Not even the dis­ they are asking us to reduce the deficit DEMOCRAT L IP SERVICE ON THE DEFICIT tinguished chairman of the Senate of the United States that we ought to Earlier this week, my colleagues on Armed Services Committee, Senator think carefully about whether we the other side of the aisle flunked the SAM NUNN, can explain the single larg­ ought to spend $16 to $18 billion on new first deficit test of the 1993 season. By est spending cut in the Clinton eco­ programs that are supposed to create voting unanimously against Repub­ nomic plan-$112 billion in new defense jobs to help the economy, new tax lican efforts to finance a $5.8 billion ex­ cuts-in any detail. And those cuts are breaks for business which is supposed tension of unemployment benefits with in addition to $75 billion in cuts that to help them create jobs. cuts in other programs, the Democrats Congress approved last year. What I believe the best thing we could do is showed us their true priorities. Forget weapons systems are we eliminating? stay on a solid path of cutting the ex­ the deficit, Government programs must How many bases do we plan to close penditures of the Federal Government get that urgently needed funding boost and where are they? These are impor­ over time, do not raise the tax burden today. tant questions. on business while this recovery is be­ Spending cuts? We can talk about And I do not think that the distin­ ginning to reach full bloom and have those tomorrow. guished chairman of the Finance Com­ its steam pushing ahead. Do not put Round 2 began yesterday with the mittee, Senator MOYNlllAN, can tell us $360 billion in new taxes on business motor-voter bill. This time, instead of how the earned income tax credit will and the American people. If anything, sending the bill to our children with be implemented. This is the proposal it is this Senator's genuine heartfelt higher deficits, we are talking about that the administration claims will off­ opinion that to put those taxes on passing the buck to the States with an set the regressi vi ty of their energy tax. American business and the American expensive new unfunded mandate. How does it work? What a novel idea. The Federal Govern­ people will do more harm to this recov­ THE CLINTON NUMBERS DO NOT ADD UP ery which is taking place than the good ment already has a $4 trillion debt, so let us create a new Federal program, Even with the limited information that will be done by spending addi­ that is available. The preliminary CBO tional money for stimulus and cutting and make the States pay for it. STRONG-ARM TACTICS analysis makes one point very clear­ the budget in a very small way which I the numbers in the Clinton plan do not have just told the Senate is about $55 The next major issue on the Senate Calendar will be the budget resolution add up. billion in reduction over the next 5 We should not forget that PreRident years, not very much when compared to implement the President's program. This one has an unprecedented twist. Clinton himself urged us to use the with $360 billion in new taxes. independent Congressional Budget Of­ So, I come to the floor hoping that The administration and the Democrat leadership in Congress do not want us fice to evaluate his plan. President once again we will move a little slower Clinton also said: with this budget resolution, if the rea­ to confuse the American people with son to take it up next week is so we the facts. Instead, we are told that we This budget plan * * * will by 1997 cut S140 can follow it up immediately with a must vote before we get to see the billion in that year alone from the deficit. spending package, which I gather is President's budget. Not according to this new analysis. now the real reason to move expedi­ Then, once we set the budget resolu­ CBO says that the Clinton plan over­ tiously, soon as we pass a budget reso­ tion out of the way, we are told that we estimates the amount of revenue lution we are going to turn right will vote on $16 billion for so-called brought in by its new tax proposals around and add $16 billion to $18 billion stimulus spending. This political stim­ while exaggerating the savings in its to the taxpayer's burden by spending ulus is paid for by waving a magic spending cuts. As a result, the Clinton that amount of money all in the name wand, shouting emergency and increas­ plan will only reduce the deficit by $116 of getting the economy going. ing our record deficit by another $16 billion in fiscal year 1997. So, the cam­ I thank the Chair, and thank the billion. paign promise to cut the deficit in half Senate for the time, and I yield the Mr. President, look at what is going in 4 years has now been watered down floor. on here. It is time for the American to cutting $116 billion from the deficit people to wake up, grab Uncle Sam's in 5 years. charge card, and cut it into little The vaunted "vision of change for BUSH RECOVERY STEAMS AHEAD pieces. And don't give it back. And do America" claimed that the President's Mr. DOLE. Mr. President, there was not sign on to any new taxes, until plan would reduce the deficit by $473 more good news on the economic front Congress antes up with real spending billion by 1998. CBO's analysis now says today with the announcement from the cuts. the plan will generate 25 percent less Labor Department that the economy Let me add that when it comes to the deficit reduction-only $355 billion-by produced 365,000 new jobs in February, budget, Republicans are ready, willing, 1998. So I suppose we should start call­ the biggest monthly increase in 4 and able to fulfill our part of the bar­ ing the Clinton plan "deficit reduction years. gain. Give us an opportunity to find lite." Those numbers mean that the Na­ out what it is we are being told to vote But the third, and perhaps most im­ tion's unemployment rate dropped on, and you can expect Republicans to portant, point this new CBO analysis March 5, 1993 CONGRESSIONAL RECORD- SENATE 4309 raises is this: By 1998 the Clinton plan Iowa County Officers Association are renewal offices, at many Stat e govern­ raises a net $267 billion in taxes and putting extreme pressure on the State ment offices, at our universities, cuts spending by just over $55 billion. legislature not to pass unfinanced through the mail, including registra­ That is almost $5 in new taxes-$4 .82 to State mandates on to local govern­ tion forms provided in the tax returns, be exact-for every dollar of spending ments to fulfill, because our State gov­ and in telephone directories, and var­ cuts. Take away all the new tax breaks ernment has imposed a freeze on mu­ ious other ways too numerous for me in the Clinton plan, and the ratio of nicipal and county budgets for the next to mention. tax hikes to spending cuts jumps to 3 years, due to rapidly rising costs. The According to the Congressional Re­ more than 6 to 1. first thing we have to consider is search Service report entitled " Voter CONCLUSION whether this is a proper thing for us to Turnout in the Presidential Election of There are a lot of things we still do be doing at the Federal level; and sec­ 1992: The States," dated January 26, not know about P resident Clinton's ond, if it is a proper thing, is it right 1993, voter turnout in the 1992 elect ion economic plan. But we do know this: fo r us to expect already strained State increased by 5.2 percentage points t o a The more we learn about t he Clint on and local budgets to pay for something 55.3-percent level over the same figure plan, t he harder it becomes to justify t hat we are willing to pass as a matter in 1988. its price tag-$360 billion in higher of public policy but we are not willing Maine ranked highest with 71.98 per­ taxes. to pay for. You understand why we are cent t urnout. Hawaii ranked lowest not paying for this, because we cannot with 41.94 percent turnout. Fully 31 afford any more new programs when we States had m ore than 55 percent of reg­ NATIONAL VOTER REGISTRATION have a $350 billion deficit. istered voters voting in this election ACT OF 1993 The Congressional Budget Office esti­ for a national average. MOTION TO PROCEED mates that during fiscal year 1994 I ask unanimous consent that the The Senate continued to consider the through 1998, this legislation will cost CRS chart labeled table 1 be printed in motion to proceed. taxpayers $18 million at the Federal the RECORD at the end of my remarks. The PRESIDING OFFICER. The level and $105 million at the State The PRESIDENT pro tempore. With­ Chair recognizes the Sen a tor from level. out objection, it is so ordered. Iowa. That, of course, I believe is a low es­ (See exhibit 1). Mr. GRASSLEY. Madam President, timate, because already we have had 10 In light of State efforts to register are we in morning business or on the States that have estimated the cost of people to vote and the record breaking bill? this bill to be $88 million for their 10 turnout in the November elections, The PRESIDING OFFICER. The Sen­ States. I have heard from just one Iowa why do we need the motor-voter bill? ate is on the motion to proceed to the State government agency that informs Granted, apart from this past elec­ national voter registration bill. me that it will cost $366,000 per year. tion, voter turnout has been lower in Mr. GRASSLEY. Madam President, I That translates into $1.8 million from recent elections; however, should this want to speak on the motor-voter bill, fiscal year 1994 through 1998 for just be attributed to the difficulty of reg­ and I will take about 7 or 8 minutes for one agency in just one State, my own istering to vote as proponents of the the benefit of the Senator from Min­ State of Iowa. bill suggest? With extensive availabil­ nesota who is waiting to speak, I am I know that there is a keen and sin­ ity of voter registration in 30 States, sure. cere interest on the part of the pro­ perhaps the lower turnout in recent Madam President, this bill, S. 460, ponents of this legislation that we years should be attributed to other the National Voter Registration Act, I must do much more to get individuals . things. think is another prime example of the to vote. Registration is a necessary Could it be attributed to the growing unwillingness of Congress to halt the part of that process because we need disgust that our constituents have with waste of taxpayers' dollars. In this in­ more voter turnout, which in turn is the political system? stance, this is not the waste of Federal obviously going to strengthen the in­ Could it be that our constituents are dollars. This is a forced duplication by frastructure of our democratic system. tired of their Federal leaders living Federal mandate upon present State But this past November, voter turn­ above the law? They see Congressmen voter registration procedures. And it out records improved dramatically. passing laws that apply to everyone will have the result of forcing upon the More people voted than ever before in but themselves. States the expenditure of State and the last 32 years, so why does Congress Or maybe it is the salary hikes and local money for voter registration want to force taxpayers to spend more perks galore that political leaders re­ which the States do not have any more hard-earned money to increase voter ceive while the deficit is selling the fu­ than we at the Federal Government participation? ture of our children. have. What then is really driving the sup­ If we want to see higher voter turn­ Maybe even worse is that we at the port for this bill? out, perhaps we need to work toward Federal level by passing this legisla­ Madam President, an Omaha World greater accountability for Government tion, if it does pass, and I hope it does Herald editorial from September 29, officials. not pass, will be creating a Federal 1992, commented on this. And in the If the election of 1992 told us any­ mandate and then not even following process of commenting on this they thing, it was that Americans are tired through with Federal money to help complimented me for being the only of the same old way of doing things. States administer the program. It Iowa or Nebraska Senator who voted They want change and they want that would be one thing to pass a mandate, against the override of the motor-voter change to come at the leadership level regardless of how bad it might be as a veto. The editorial raised several key that we in the Senate and the Presi­ matter of public policy, if we were issues that I think my colleagues dent are examples of. I recently re­ going to have the Federal money to should consider. ceived a letter from the Iowa Depart­ pay for it. But it is quite another thing Voter registration has traditionally ment of Employment Services on the to pass good or bad public policy at the been a State issue. Some of us think cost of this legislation. I will quote Federal level and then just leave it to that it should stay a State issue. More from the letter: the States and local communities to than 30 States already offer vast oppor­ The voter registration bill, called the have to find money in their already tunities to register to vote, such as motor-voter bill, would require us to provide assistance in completing voter registration tight budgets to carry out a Federal registering by mail, or at various State forms, accept and forward those forms to the mandate. agencies. proper authorities, or require the individual I · know in Iowa, the State and local Iowa is one of the States that has nu­ to certify that they decline to register each budgets are so tight, that even our merous opportunities for registration. time they file a claim for unemployment Local League of Municipalities and our Examples are: at our driver's license benefits, which is biweekly in Iowa. 4310 CONGRESSIONAL RECORD-SENATE March 5, 1993 The legislation will give unemployed indi­ timated is for the department of em­ ods but they are required to provide at viduals the impression their political affili­ ployment services alone. least the methods established in the ation or unwillingness to register to vote This estimate is based on spending bill. If we started adding the numbers might affect their eligibility for benefits. Re­ quiring people to certify that they decline to approximately 4 minutes per individ­ for each of these programs, the expense register each time t hey file a claim appears ual, biweekly, in the 67 unemployment becomes even greater. And, as we view coercive. Any hint one's eligibility for bene­ offices in the State. It is ironic that it against the budget conditions of our fits is tied to one's political affiliation or the very week we pass legislation to States and our local governments, it participation in the political process could give extended unemployment to people, seems to me to be astronomical. irreparably damage t he unemployment com­ we are considering a bill that will Madam President, I simply do not be­ pensation program. make it more difficult on the very lieve that we can justify the costs Also, no funds are provided to administer agency trying to assist those individ­ when we consider the active and im­ the costs associated with registering. In uals. proved involvement of our States in Iowa alone we anticipate an additional cost registering people to vote; and also of $366,000 at a minimum each year. Since This $366,000 does not include the cost our funding for employment service pro­ to other departments administering when connected with the increased grams has been cut 18 percent over the last Federal assistance programs. Run the turnout, as evidenced by this 55.3 per­ 8 years and none of our Federal grant mon­ numbers for other Federal programs centage points increase in the turnout eys can legally be spent for this purpose, you which would be affected by this bill and in the last Presidential election from can understand our reluctance to take on you obviously get even higher costs that of the 1988 election. new responsibilities without the financial re­ yet. I simply cannot justify these costs sources. There is the WIC Program, which and I feel that this is an unnecessary Mr. President, as a followup to this sees approximately 30,000 adults each Federal mandate. letter, I contacted the department of month. Then there are the vocational Madam President, thank you, and I employment services to verify the rehabilitation offices. The States are yield the floor. facts in this letter. The $366,000 cost es- not precluded from using other meth- E XHIBIT 1 TABLE I.-TURNOUT AS THE PERCENTAGE OF PERSONS OF VOTING AGE WHO VOTED FOR PRESIDENT IN 1992

Vot ing age Total Presi ­ Turnout Cl inton Bush Perot Other (percent Rank population dential vote VAP)

State : Alabama ...... 3,056,000 690 ,080 804,283 183,1 09 10,588 1,688,060 55.24 29 Alaska ...... 395,000 78 ,294 102,000 73 ,481 4,731 258,506 65.44 9 Arizona ...... 2,749 ,000 543,050 572 ,086 353,741 18,098 1,486,975 54 .09 33 Arkansas ...... 1,768,000 505 ,823 337,324 99,132 8,374 950,653 53.77 34 Ca liforn ia ...... 22,668,000 5,121.325 3,630,575 2,296 ,006 83,816 11 ,131,722 49 .11 48 Colorado ...... 2,501 ,000 629 ,681 562,850 366,010 10,639 1,569,180 62.74 17 Connect icut ...... 2,535,000 682 ,318 578,313 348 ,771 6,930 1,616,332 63.76 13 Delaware ...... 525,000 126 ,054 102,313 59 ,213 2,155 289,735 55.19 31 District of Columbia ...... 459,000 192,619 20 ,698 9,681 4,574 227 ,572 49.58 46 Florida ...... 10,586,000 2,071 ,651 2,171,781 1,052,481 15,306 5,311,219 50.17 43 4,950,000 1,008,966 995 ,252 309,657 7,250 2,321,125 46 .89 49 ~:~! ~ia .:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.. :: ...... :::::::::::::::::::::::...... ::::::::: :::::::::::::::: 889,000 179,310 136,822 53,003 3,707 372 ,842 41.94 51 Idaho ...... 740,000 137 ,013 202,645 130,395 12,089 482,142 65.15 II Illinois ...... 8,568,000 2,453 ,350 1,734,096 840 ,515 22,196 5,050,157 58 .94 26 lndia·na ...... 4,176,000 848,420 989 ,375 455 ,934 12,142 2,305,871 55 .22 30 Iowa ...... 2,075 ,000 586 ,353 504 ,891 253,468 9,895 1,354,607 65 .28 10 Kansas ...... 1,836 ,000 390,434 449,951 312 ,358 4,493 1.157,236 63.03 16 2,779 ,000 665 ,104 617,178 203,944 6,674 1,492,900 53.72 35 ~~~~i~~a ·:: :: :: ::::::: :::: :::::::::::::::::::::::::::::::::::::::: :::::: ::::::::::::::::::::::::::::::::::::::: .. :::::::::::::::::::::::::::::::::::: ...... 2,992,000 815,971 733,386 211,478 29,182 1,790,017 59.83 24 Maine ...... 944 ,000 263 ,420 206,504 206 ,820 2.755 679,499 71.98 I Maryland ...... 3,719 ,000 988 ,571 707,094 281 ,414 7,967 1,985,046 53.38 36 Massachusetts ...... 4,607,000 1,318,639 805,039 630 ,731 19,255 2,773,664 60 .21 22 Michigan ...... 6,923 ,000 1,871 ,182 1,554,940 824 ,813 23,738 4,274,673 61.75 20 Minnesota ...... 3,278,000 1,020 ,997 747 ,841 562 ,506 16,603 2,347,947 71.63 2 Mississippi ...... 1,861 ,000 400 ,258 487,793 85,626 8,116 981,793 52.76 38 MISSOUri ...... 3,858,000 1,053 ,873 811 ,159 518,741 7.792 2,391,565 61.99 19 Montana ...... 586,000 154,507 144,207 107,225 4,672 410,611 70 .07 3 Nebraska ...... 1,167,000 216 ,864 343,678 174,104 2,900 737,546 63.20 14 Nevada ...... 1,013,000 189,148 175,828 132,580 8,762 506,318 49 .98 45 New Hampshire ...... 852,000 209,040 202,484 121,337 5,082 537 ,943 63.14 IS New Jersey ...... 5,943,000 1,436 ,206 1,356,865 521 ,829 28,694 3,343 ,594 56.26 28 New Mexico ...... 1,104,000 261 ,617 212,824 91 ,895 3,650 569 ,986 51.63 41 New York ...... 13,609 ,000 3,444 ,450 2,346,649 1,090,721 197,612 7,079,432 52 .02 40 North Carolina ...... 5,217 ,000 1,114 ,042 1,134,661 357 ,864 5,283 2,611,850 5il.06 44 North Da kola ...... 458,000 99,168 136,244 71,084 1,637 308,133 67 .28 6 Ohio ...... 8,146,000 1,984 ,919 1,894,248 1,036,403 24,289 4,939,859 60.64 21 Oklahoma ...... 2,328,000 473 ,066 592,929 319,878 4,486 1,390,359 59.73 25 Oregon ...... 2,226,000 621 ,314 475,757 354,Q91 9,916 1,461 ,078 65 .64 8 Pennsylvania ...... 9,129,000 2,239,164 1,791 ,841 902 ,667 26 ,138 4,959,810 54 .33 32 Rhode Island ...... 776 ,000 213,299 131,601 105,045 3,420 453,365 58.42 27 South Carolina ...... 2,672,000 479,514 577 ,507 119,257 6,634 1,182,912 44.27 50 South Dakota ...... 502 ,000 124,888 136,718 73,295 1,353 336 ,254 66.98 7 Tennessee ...... 3,783 ,000 933 ,521 841 ,300 199,968 7,849 1,982 ,638 52.41 39 Texas ...... 12,524 ,000 2,281.815 2,496,071 1,354,781 21,351 6,154,018 49.14 47 Utah ...... 1,142,000 183,429 322,632 203,400 34,538 743,999 65.15 12 Vermont ...... 429,000 133 ,592 88,122 65 ,991 1,996 289,701 67 .53 5 Virginia ...... 4,842 ,000 1,038,650 1,150,517 348,639 20 ,859 2,558,665 52.84 37 Washington ...... 3,818,000 993 ,037 731,234 541,780 22,179 2,288,230 59.93 23 1,350,000 331,001 241 ,974 108,829 1,873 683 ,677 50.64 42 :f~o~~i~ini.~ .. :::::::::::::::::::::::::::::: :::: ::::::·:::::::::::: .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::: ...... 3,669,000 1,041 ,066 930,855 544 ,479 14,714 2,531,114 68.99 4 Wyoming ...... 322 ,000 68,160 79,347 51,263 1,836 200 ,606 62.30 18 Total ...... 189,044,000 44 ,908,233 39,102,282 19,721 ,433 820,788 104,552,736 55.31 Source: For the vote for President, Federal Election Commission. 55 .9 Percent Turnout in 1992 Presidential Election , Highest Since 1968. Press release, Federal Election Commission , January 14, 1993. For the voting age population for November 1992, U.S. Dept. of Commerce. Bureau of the Census. Projections of the Voting-Age Population , for States: November 1992. Current Population Reports, Series P- 25, No. 1085, April 1992. p. 5-10.

Mr. WELLSTONE addressed the Mr. WELLSTONE. Madam President, been a real watchdog when it comes to Chair. first of all, let me say I always take se­ Government waste. The PRESIDING OFFICER. The riously the comments of Senator When I was a teacher in Minnesota, I Chair recognizes the Senator from Min­ GRASSLEY from Iowa: First, because he always appreciated the role he played, nesota. is a good populist and cares about regu­ especially in relation to some of the lar people, and second, because he has waste in Pentagon contracting. •• .---- 1 w • • • :-.-· -- ...------• I • •,....-: ----- • ••-.-... ~ • L • •

March 5, 1993 CONGRESSIONAL RECORD-SENATE 4311 But, Madam President, I have to dis­ age and enable more citizens to take part in These are not additional costs, added agree with him on a number of dif­ their government. onto what States already do. States ferent counts. Sincerely, are involved in the voter registration ELAINE BAXTER, Let me first of all start out by asking work. My point, however-to respond Secretary of State. to the question of the Senator from unanimous consent that a letter from Mr. WELLSTONE. I will not read the Elaine Baxter, secretary of state from Iowa about what do we need nation­ whole letter, but just a couple of rel­ ally-is that when the Senator talked Iowa, sent to the Honorable WENDELL evant sections. It reads: FoRD, dated March 3, 1993, be printed in about CRS figures, the 55-percent turn­ DEAR SENATOR FORD: I am writing in sup­ the RECORD. out, that is of the voting-age popu­ port of the National Voter Registration Act lation. Among those citizens that reg­ There being no objection, the letter of 1993 (known as the motor-voter bill). As ister, it is an 85-percent turnout; 85 was ordered to be printed in the Secretary of State, it has been my goal to percent of those citizens who were reg­ RECORD, as follows: make voter registration available to every eligible Iowan. As you know, we already istered turn out to vote. STATE OF IOWA, Thus, the obstacle that we should be Des Moines, March 3, 1993. have many of the features of this legislation in Iowa. concerned about in a democracy, I say Hon. WENDELL FORD, One feature of the National Voter Reg­ to the Senator from Iowa, is the one of Russell Senate Office Building, Washington, istration Act is voter registration as part of being able to register to vote. DC. driver's license application. Iowa does an excellent job. Min­ DEAR SENATOR FORD: I am writing in sup­ nesota has motor-voter, agency-based port of the National Voter Registration Act Then she goes on to describe the way of 1993 (known as the motor-voter bill). As this works. And I will just read the registration, and we have same-day Secretary of State, it has been my goal to concluding part: registration. Not surprisingly, we are make voter registration available to every I heartily endorse the National Voter Reg­ at the very top in terms of turnout, as eligible Iowan, As you know, we already istration Act, because these measures have is Maine, as is Wisconsin, as is North have many of the features of this legislation allowed thousands of Iowa voters to partici­ Dakota, that does not even require reg­ in Iowa. pate in the process. Making it easier to reg­ istration at all. One feature of the National Voter Reg­ ister has not resulted in complaints of fraud­ But, I say to my colleague from Iowa, istration Act is voter registration as part of ulent registrations or illegal voting as some this is the problem. There are about 70 driver's license application. Since 1987, people feared. million people in this country-70 mil­ Iowans have had the opportunity to register They go on to talk about the impor­ lion people-who were not registered to to vote while applying for a driver's license. tance of opening up this registration vote. And if you ask the question why, Local officials do not keep a record of how many citizens register to vote at a driver's process. I would suggest that what we do not license station, but it is fair to say that I have written to the Iowa Congressional want to do is blame the victim and say: many thousands of Iowans have the oppor­ delegation and asked them to take into ac­ Well, they suffer from exotic diseases tunity to register while getting a driver's li­ count how well these measures have worked like apathy and alienation. So if they cense each year. in Iowa when considering the National Voter do not want to register to vote, what is Registration Act of 1993. I wish you the best Another feature of the proposed federal law the problem? of luck in passing this bill that will encour­ This is the problem: In many States is registration by mail. Iowa first allowed age and enable more citizens to take part in registration by mail in 1974. Since that time their government. you cannot even register by postcard; the process has been streamlined and sim­ you have to go figure out where to reg­ plified. Now, Iowa's mail registration re­ Mr. GRASSLEY. Will the Senator ister to vote. If it is a rural county­ quirements are similar to those in the Na­ yield for a friendly comment? and no other Senator in this U.S. Sen­ tional Voter Registration Act. More than Mr. WELLSTONE. If it is a friendly ate knows more about rural America 80% of voter registration in Iowa occurs on comment, I will yield. postcard forms. than Senator GRASSLEY-all too often Mr. GRASSLEY. I think that the it is only one location. You have to The proposed federal law also includes hard work and progress that our sec­ "agency registration", the availability to drive a long distance-not open noon­ retary of state has made in Iowa and time, and not open weekends--difficult register to vote at other government depart­ also the 29 other States that have done ments, such as, libraries, schools, fishing/ for working people to do. hunting license bureaus, job services, and so­ a very good job of voter registration Even in those States where you can cial services offices. This legislation passed are evidence that there is great register by postcard, they are not read­ and the service has been available in Iowa progress being made in the States. It ily available; they are not readily since 1987. may be slower than you think it should available in public places. So you do I heartily endorse the National Voter Reg­ move but it is probably within the fi­ not know quite how to even figure out istration Act, because these measures have nancial capability of the States. Thus how to get them. allowed thousands of Iowa voters to partici­ we do not need to pass this motor-voter If you combine those two features pate in the process. Making it easier to reg­ bill. with one other feature, which is you ister has not resulted in complaints of fraud­ Now, I want to compliment our sec­ have Byzantine rules and regulations ulent registrations or illegal voting as some retary of state. Some of these ideas, so that ordinary citizens do not know people feared. like putting registration in the phone whether you have to register 32 days By opening up the registration process, books and in the tax forms, have been more citizens will be able to take part in before or 22 days before or 17 days be­ government. Groups all across the political her ideas and she has been a leader in fore, we have a system right now which spectrum have called for increased involve­ this area. depresses voting participation. ment in, and greater access to, the political But I think it substantiates the point The governments are involved one system. I made in my statement that States way or the other. Either State govern­ Last year marked the reversal of several are doing well out there without Fed­ ments are involved or the Federal Gov­ decades of declining participation in the eral interference. ernment is involved in such a way as electoral process. There were a number of Mr. WELLSTONE. There are two we discourage voter registration, we factors motivating more people to vote, but points I want to make. One is that this depress participation, and by the way, convenient voter registration laws, like piece of legislation builds on models in not with neutral effect, but imposing those passed in Iowa in the last few years, Iowa and Minnesota. undue hardships on working people and certainly made it easier for people to partici­ This is the way it looks, Madam pate in the election. low- and moderate-income people-or President. Combined with the driver's we play an affirmative role in making I have written to the Iowa Congressional license form, you have the voter reg­ delegation and asked them to take into ac­ sure, as we should in a democracy, that count how well these measures have worked istration card. It is right there. It can every citizen is able to register and in Iowa when considering the National Voter be done as part of the infrastructure as vote. Registration Act of 1993. I wish you the best a public service. It is done in a scru­ It is a civil rights issue. That is why of luck in passing this bill that will encour- pulously nonpartisan way. we introduced this bill in the U.S. Sen- 4312 CONGRESSIONAL RECORD-SENATE March 5, 1993 ate; that is why I think we will vote I served as a commissioner on the U.S. SENATE, cloture; and that is why I think we will Port Authority of New York and New Washington, DC, February 26, 1993. pass this legislation. Jersey. We had offices on the 67th Hon. WARREN CHRISTOPHER, Mr. HATFIELD addressed the Chair. Secretary of State, Department of State, Wash­ floor. This was a building that ington, DC. The PRESIDING OFFICER. The harbored life. There was all kinds of ac­ DEAR SECRETARY CHRISTOPHER: Enclosed is Chair recognizes the Senator from Or­ tivity at the center, and people from a letter I have circulated in the Senate ex­ egon. all over the world work there. It is the pressing support for your reported decision Mr. HATFIELD. I thank the Chair. core of the world's financial and mone­ to include the activities of Hamas in the (The remarks of Mr. HATFIELD per­ tary systems. It seems impossible that State Department's annual report on terror­ taining to the introduction of S. 525 are someone could violate the tranquility, ist organizations. located in today's RECORD under The letter also urges the State Department the business, the activity there in such to ,include the activities of other violent Is­ "Statements on Introduced Bills and a horrible way. Joint Resolutions.") lamic fundamentalist organizations in the Mr. LAUTENBERG addressed the Nevertheless, this building, built like Middle East and recommends that the report a fortress-and I visited the site-was address a number of specific issues. Chair. I hope the State Department's report will The PRESIDING OFFICER (Mr. torn apart, in some ways like a paper bag. Floors of steel and concrete were respond to the issues we have addressed in WELLSTONE). The Senator from New this letter. I look forward to working with Jersey is recognized. just demolished. Cars were flipped over you in the future on this and other issues of on their roof, as if they were on a spit, mutual interest. because there was no room to turn. It Sincerely, BOMBING OF THE WORLD TRADE is a miracle that not more than the FRANK R. LAUTENBERG. CENTER five already identified were killed. One Mr. LAUTENBERG. Mr. President, of them was from New Jersey. They U.S. SENATE, like all Americans, I was enormously were from all parts of the region. It Washington, DC, February 25, 1993. encouraged with the news last night was a devastating act, and just to see Hon. WARREN CHRISTOPHER, Secretary of State, Department of State, Wash­ that· Federal, State, and local law en­ the damage sent a chill up and down ington, DC. forcement officials had moved so one's spine. DEAR SECRETARY CHRISTOPHER: We are quickly, so professionally, to appre­ It's a reminder that an ocean, no writing to express our support for your re­ hend the suspect in the bombing of the matter how vast, and that separates us ported decision to include the activities of World Trade Center. from the Middle East, does not nec­ Hamas in the State Department's annual re­ The breathtaking pace with the ar­ essarily protect us against violence. If port on terrorist organizations. We also be­ rest of this individual is a testament to terrorism can rip our financial center lieve the State Department report should in­ their skill and courage, and it rein­ clude the activities of other extremist Is­ apart, bring this premier city to its lamic fundamentalist groups, also supported forces what we know about our law en­ knees, then it can bite, wound and kill by Iran, which use violent tactics and have forcement people-that they are, in Americans anywhere. increased in strength in the Middle East in fact, the best in the world. I am con­ Mr. President, in light of this arrest, the last year. fident that should they find that others and the evidence suggesting a possible It is important to obtain a better under­ were involved in this terrible deed, standing of Hamas, which opposes the Middle link between the suspect and a violent East peace process, and other violent Islamic they will move just as swiftly to iden­ Islamic movement, it is doubly impor­ tify and apprehend them. fundamentalist groups, which are destabiliz­ tant for Federal criminal authorities ing forces in the region. When the report is Mr. President, the judicial process to step up the investigation of violent has begun in relation to this case, and issued in April we believe it should address a Islamic fundamentalist groups in the number of important issues. this suspect, as with all suspects, is United States. We need to ensure that First, in light of recent news reports that due his day in court. However, I am fundraising operations that exist in fund-raising for Hamas may be taking place disturbed at credible reports that the this country of this and other Islamic in the United States, we believe the report individual charged with participating should include a thorough review of the or­ fundamentalist groups like Hamas are ganization's activities and operations-in­ in this crime, Mohammed Saloma, a not supporting terrorist activities. We resident of Jersey City, NJ, is believed cluding fund-raising-in the United States. need to ensure that command and con­ Such review should be carried out by the ap­ to be connected with violent Moslem trol operations of terrorist groups and propriate domestic law enforcement agen­ fundamentalist groups that advocate groups like Hamas are not being exer­ cies. the violent overthrow of the govern­ cised in this country. Second, we believe the report should in­ ments of Egypt, Israel, and other Mid­ clude information on the level of financial dle Eastern nations. Mr. President, terrorists cannot exist assistance and other support Hamas and These reports must serve as a clarion in a vacuum. They need money, sup­ other violent Islamic fundamentalist organi­ call for the concerted effort, in con­ plies, and safe houses in which to hide, zations receive from foreign governments, junction with other nations, to inves­ and to train people to perpetrate their particularly Iran. heinous crimes. To stop terrorism in Third, we believe the report should include tigate, to identify, and to root out information on the level of assistance and groups who, under the banner of Islam, its tracks and to protect American lives, we have to cut off their sources, support provided to Hamas and other violent perpetrate violence throughout the Islamic fundamentalist organizations by world and operate as enemies of peace resources, their funding and ruthlessly non-governmental organizations and individ­ and stability. Clearly, the majority of root out those who support and bank­ uals in foreign countries, such as Jordan, Moslems in the United States reject roll terrorist operations from our own Iran, Syria, Saudi Arabia, and Sudan. this cult of terrorists. One's religion is shores. I recently wrote to Secretary of Fourth, we believe the report should in­ State Christopher, commending the clude an analysis of the location of the com­ no mark of one's politics. The Moslems mand and control of Hamas and other vio­ of this Nation certainly do not support State Department's decision to include Hamas, a violent terrorist organization lent fundamentalist Islamic organizations, violence against fellow Americans and and an overview of military and training op­ others. dedicated to the overthrow of Israel in erations both inside Israel and elsewhere in Mr. President, this brutal bombing its annual report on terrorist organiza­ the Middle East. against innocent American civilians, tions. Finally, we would appreciate receiving on U.S. territory, makes one thing I ask unanimous consent that the supplementary reports on Hamas and other crystal clear: If the long arm of Middle letter I sent, and a letter signed by violent Islamic fundamentalist organiza­ many of my colleagues be printed in tions. It is important for the Congress and East terrorist groups can strike at the public to have a fuller understanding of Americans hard at work on the hun­ the RECORD . these newly emerging groups which support dredth floor of the World Trade Center There being no objection, the letters violence and terrorism. in Manhattan, then no American is were ordered to be printed in the The militant Islamic Hamas, which sup­ safe. RECORD, as follows: ports violent tactics, is a dangerously desta- March 5, 1993 CONGRESSIONAL RECORD-SENATE 4313 bilizing force in the Middle East. It is clear ist Islamic fundamentalist groups rak of Egypt. They will not tolerate in that this group rejects the peace process and which use violent tactics and which Egypt this kind of violent activity. supports violence. The Hamas covenant threaten America and our allies, Israel, If these people are indeed operating reads "* * * There is no solution to the Pal­ and other Middle Eastern governments. and fundraising here to support vio­ estinian problem except by Jihad. The initia­ tives, proposals, and International Con­ The group that, according to the press lence, we have to stop it as quickly as ferences are but a waste of time, an exercise reports and investigators, may be con­ we can. in futility." nected with the World Trade Center I call on the Justice Department and Additionally, the group is irrevocably op­ bombing, appears to fall into that cat­ the State Department to redouble their posed to Israel's existence. Numerous Israe­ egory. Hamas and other violent groups efforts in this area, and to work with lis have been brutally killed by Hamas ter­ of that ilk support violence as a means peace-loving nations around the world rorists and the group claims responsibility of achieving their goals. They are also to similarly deal with this threat. for the recent kidnapping and murder of completely opposed to the peace proc­ Mr. President, I have here a copy of Moshe Toledano, a civilian border patrol­ ess and are committed to wiping Israel a book, "Patterns on Global Terror­ man. When Hamas recently took responsibil­ ity for the brutal killing of two Israeli sol­ off of the face of the Earth. ism." It is issued each year. And one of diers, Hamas issued a statement saying They are committed to establishing the things that we asked for is to make "* * * Hamas and its armed wing 'Izz-al-din Islamic fundamentalist groups sure that Hamas and other violent fun­ al-Qassam will continue to wage a merciless throughout the Middle East. damentalist groups are included in this war until the total liberation of all the land I had occasion to see a Hamas char­ list. of Palestine." ter recently. I recently appeared on a I ask unanimous consent that the Israel is not the only country that is CNN program with Larry King about cover page of this publication be print­ threatened by the increasing support from Hamas. The image that is portrayed in ed in the RECORD to confirm a point of militant Islamic fundamentalist groups the press of the Hamas people who are reference. similar to Hamas which use terrorist tactics. in Lebanon is of a group of innocents Violent fundamentalist Islamic organiza­ There being no objection, the mate­ tions are a destabilizing force throughout suddenly swept from their homes, de­ rial was ordered to be printed in the the Middle East. In the last year, these ported, and held in confinement with­ RECORD, as follows: groups have grown in strength in the region, out food or medicine. But when the in­ [United States Department of State, April particularly in Egypt, Algeria, and Tunisia. dividual representing Hamas was asked 1992] Like Hamas, these groups are supported by by Larry King whether or not the sec­ PA'ITERNS OF GLOBAL TERRORISM: 1991 Iran, are committed to overthrowing govern­ tions of the Hamas charter that com­ ments across the region, and raise the spec­ mits Hamas to kill every Jew, that Mr. LAUTENBERG. Mr. President, it ter of destabilization in the region. commits Hamas to make Palestine an is very obvious that there was a great We believe that including Hamas and simi­ Islamic fundamentalist state were deal of satisfaction in the detection lar Islamic fundamentalist groups that use true, he would not say no. and the arrest of the suspect who may violent tactics in the annual report on ter­ Those kinds of violent groups have have committed or been partially re­ rorist organizations is a useful step which sponsible, for this crime. And as I said, will provide a greater understanding of the no place anywhere in the world. But problems these groups pose in the Middle particularly they ought not to be en­ everyone is entitled to his day in court. East. Ultimately, other governments and couraged or able to support terrorist This individual is as well. That a sus­ their citizens must be discouraged from pro­ activities in this, our country. pect is charged so quickly is again a viding financial support for organizations Violent Islamic fundamentalist orga­ testament to the quality of the work of which foster terrorist activities. We encour­ nizations are committed to overthrow­ the law enforcement groups involved. age you to work toward that end. The United ing governments and establishing Is­ Our heart goes out to those who lost States and the international community lamic fundamentalist governments family members and friends. It goes must be vigilant in efforts to rid the world of throughout the Middle East region. out ~o those who were frightened be­ terrorism. yond imagination in elevators, 50-some We look forward to working with you on Whether it is Algeria, Tunisia, or this vital matter, and appreciate your atten­ Egypt, it does not matter; they want to stories in the air. Our heart goes out to tion to this request. overthrow those governments. They do the youngsters and their teachers who Sincerely, not want the democratic process to be were jammed in the elevator, in dark­ Chuck Grassley, Edward M. Kennedy, working. As such, Hamas and other ness, for hours. The children were Jay Rockefeller, Conrad Burns, Alfonse violent groups are a dangerous, desta­ brave, and they summoned up courage D'Amato, Larry Pressler, Slade Gor­ bilizing force in the Middle East and because their teachers helped inspire ton, Arlen Specter, Phil Gramm, could become a potent force of terror­ them to do so. Frank R. Lautenberg, Chris Dodd, Paul But there are many people who are Simon, Herb Kohl, Patty Murray, Russ ism here in America, as we have seen. Feingold, Dale Bumpers, Daniel In the last year, violent Islamic fun­ still afraid. Inouye, Tom Harkin. damentalist groups have grown in So, Mr. President, while again we are Connie Mack, Bob Smith, Malcolm Wal­ strength in the region, particularly in delighted and pleased with the response lop, Dan Coats, Don Nickles, Bob Pack­ the countries that I named before: of law enforcement, the fact is that we wood, Jesse Helms, Orrin Hatch, Ernest Egypt, Tunisia, and Algeria. Israelis must do everything we can in this free Hollings, Kent Conrad, Dennis DeCon­ have been brutally killed by Hamas Nation of ours to stamp out these ter­ cini, Barbara Mikulski, Daniel Akaka, terrorists. And like Hamas, these affili­ rorists, to cut off their funding, and to Daniel Moynihan, Richard Bryan, ated groups are supported by Iran and eliminate their ability to perpetrate Harry Reid, Claiborne Pell, Carl Levin, are committed to overthrowing govern­ violence. Paul Sarbanes, Donald W. Riegle. Carol Moseley-Braun, Joseph Lieberman, ments across the region. And now it I yield the floor. John C. Danforth, Dirk Kempthorne, appears that they want to strike us Mr. President, I suggest the absence Larry E. Craig, Chuck Robb, Richard here at home. of a quorum. Shelby, Harris Wofford, Kit Bond, J. Mr. President, we cannot afford to The PRESIDING OFFICER. The Bennett Johnston, wait until violent Islamic fundamen­ clerk will call the roll. Barbara Boxer, Howard M. Metzenbaum, talist organizations or compatriot or­ The assistant legislative clerk pro­ Dianne Feinstein, Hank Brown, Mitch ganizations strike again in the United ceeded to call the roll. McConnell, John McCain, Bob Kerrey, States or in Egypt or in Israel, or any­ Mr. PRYOR. Mr. President, I ask Dick Lugar, Bill Bradley. where else in the world. And strike unanimous consent that the order for Mr. LAUTENBERG. The World Trade again they will, unless we stop them. the quorum call be rescinded. Center bombing indicates that our We have to cut them off at the knees, The PRESIDING OFFICER. Without Government must go further. To that starve them from funding, and clean objection, it is so ordered. end, I urge the State Department in them out of our land. Mr. PRYOR. Mr. President, I want to my letter to investigate the activities If you read today's Washington Post, thank the Chair for recognizing me. I and sources of funding of other extrem- you saw comments by President Muba- ask unanimous consent that I may be 4314 CONGRESSIONAL RECORD-SENATE March 5, 1993 allowed to speak as in morning busi­ Aside from the fact that I question borders, it is totally impossible to ness. why we allow China this luxury, given guarantee that they will not fall into The PRESIDING OFFICER. Without its continued refusal to recognize in­ the wrong hands. objection, it is so ordered. ternal calls for the spread of democ­ My concerns were justified during racy, I question the moral justification the Persian Gulf war, when our Allied THE IMPORTATION OF GUNS of allowing the Chinese military to forces often found themselves battling reap the benefits of a United States Mr. PRYOR. Mr. President, I rise policy that lets them flood our streets against the same weapons that we had today to express my deep concern over today with millions of Chinese weap­ exported to our "friends" overseas. a present policy that I believe should ons. Also, our past concerns were targeted be carefully reviewed. I am speaking Needless to say, these same weapons at loose policies on the exportation of today about our policy that allows the that arrive on the boats from China are U.S. arms. Let me say, Mr. President, massive importation of weapons and continuously linked to so many sense­ that when it comes to arms trade, it guns into our country. less murders that plague our cities definitely cuts both ways. We were My renewed interest in this issue was today. Most recently, we are currently sparked only yesterday while I was sit­ forced to fight against our own ex­ witnessing the hostile standoff in ported weapons in Desert Storm and ting at home reading the Washington Waco, TX, between the Treasury De­ Post. In fact, in the middle of the front currently our ATF agents are engaged partment's Alcohol, Tobacco and Fire­ with cult members who are wielding page I noticed a picture of an AK-47, arms office, and the heavily armed semiautomatic rifle, next to the head­ imported foreign-made arms that were members of the fanatical Branch approved by our own ATF office in line that read "Chinese Army Now Davidian cult. Major U.S. Arms Merchants." Washington. Mr. President, I ask unanimous con­ I should point out also, Mr. Presi­ dent, that it is this very bureau, the I believe that we should be much sent that this article may be printed in more careful and responsible when de­ the RECORD immediately following my Alcohol, Tobacco and Firearms Bureau, that is charged with regulating the termining how many of these weapons, statement. or any at all, enter the streets of the The PRESIDING OFFICER. Without flow of deadly arms that enter the United States of America. This bureau, American cities or anywhere else in objection, it is so ordered. our country. (See exhibit 1.) in accordance with our loose policies Mr. PRYOR. Mr. President, quite on arms importation is the office that I am disturbed that in this case, the frankly, I was so shocked I had to read approves the delivery of millions of Chinese military has prospered from this article for the second and the third Chinese weapons into the United the United States policy that allows time to make certain that I was cor­ States. them to flood our cities with deadly rectly interpreting what was on the I became alarmed when I heard re­ firearms. I am also disturbed that the page. The article reported that the ports that the cult members in Waco, lives of young ATF agents were pos­ United States imported almost 2 mil­ TX, are armed with, among other dan­ sibly taken by the same foreign-made lion guns from the Chinese military be­ gerous weapons, many imported AK-47 weapons that our loose arms trade poli­ tween 1989 and 1991, and how in 1992 the semiautomatic rifles. cies allowed in this country. amount of weapons imported from What does surprise me most is that no one has made the connection that Mr. President, earlier today I had the China will surpass the 1991level. privilege of discussing my frustration I was also shocked by this very irre­ the AK-47 is the same rifle that the sponsible trend, and how it developed Chinese military has been delivering to on this issue with my colleague from from our politics of today. We have al­ the United States by the millions since Kansas, Senator KASSEBAUM, my col­ lowed millions of deadly weapons to ar­ 1989. Since the Chinese are the No. 1 league from Arkansas, Senator BUMP­ rive in this country strictly for the supplier of the AK-47 to the United ERS, and other Members of this body. I benefit of the Chinese military. Now, States, it is very possible that inside became very concerned, as I know they how did we allow this to take place? this cult compound in Waco, TX, there did, to find that our policy was so In the past, the United States did not are a number of Chinese-made, AK-47 loose. We discussed the chance of hav­ allow the Chinese to sell such items rifles that are being pointed straight at ing some hearings or perhaps ulti­ into our country. But, in 1987, Presi­ our own Treasury Department ATF mately some legislation to deal with dent Reagan decided that it was OK to agents. this issue at hand. I think that it will allow China to ship its guns and weap­ Is that not ironic, that due to the be very important for all of us, whether ons into the United States. Capitaliz­ past administration's policies the ATF we are Democrats or Republicans, to ing on this initiative, the Chinese mili­ agents today, in Waco, TX, are facing shed more light on the problems that tary quickly became the largest sup­ the same deadly weapons that were ap­ we see today in this massive arms plier of arms to the United States of proved by the ATF office in Washing­ trade that ultimately is flooding Amer­ America. ton, DC? I should say that I do not ica with these weapons that are only At the same time those Chinese fault the ATF Bureau for this problem. for one purpose and that is killing peo­ weapons were being shipped into our Unfortunately they have simply been ple. country, we as a country were also following the policies that were put in After reading the Post article yester­ shipping our weapons over to China, place by past administrations. day, I sent a short note to Secretary of thus allowing t he Chinese military to I might add that one of the four State Christopher and to Treasury Sec­ benefit from our technology and mili­ young ATF agents who was killed in Waco was a 26-year-old citizen, Robert retary Bentsen asking for a review of tary accomplishments. this irresponsible policy. I strongly be­ J . Williams, of Little Rock, AR. When the Tiananmen Square mas­ lieve, Mr. President, that it is unthink­ sacre occurred, we finally decided it Over the past 12 years I have been very outspoken about the dangers of able for us to allow the Chinese mili­ was time to review such policies with tary to benefit from freely supplying China. And in 1989 President Bush man­ sending U.S. weapons overseas. In fact, dated the State Department to stop in 1990 my Governmental Affairs sub­ our streets and cities with millions of selling arms to China. However, at this committee held a hearing about export deadly arms and weapons. I believe time he did not stop us purchasing licensing, and how easy it was to be­ that we should now carefully review arms from China. come an exporter of arms to any coun­ this and other arms trade policies. So what happened? We allowed China try in the world today, based on loose I thank the Chair for recognizing me. to ship millions of weapons and a great State Department arms controls poli­ I see my colleague from the State of number of munitions into the United cies. My criticisms were based on the Kansas on the floor who may want to States. fact that once these weapons leave our add her own comments. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4315

ExHIBIT 1 A firm with ties to China's main internal writes on the Chinese military, said she also CHINESE ARMY NOW MAJOR U.S. ARMS strike force, for example, has been operating has concerns about the firms being used to MERCHANTS near Detroit since March 1989. In 1991, it re­ collect intelligence or obtain restricted tech­ (By John Pomfret) ported annual sales of S4.5 million, mostly in nology here. Chinese weapons and ammunition, according "I do think that there is an intelligence The Chinese armed forces exported close to to financial records. Sales last year appeared facet to this business," she said. "The more 2 million guns to the United States from 1989 to be up. offices these companies open up, the more through 1991 and set up or bought a number According to documents provided by a difficult it will be to control." of companies here in an effort to earn hard source in the Customs Service, the firm, CJA In early 1989, one firm tied to the military, currency and obtain American technology Equipment Import and Export Co., imported China National Aero-Technology Import and for military use, according to U.S. officials 788 tons of ammunition and more than 20,000 Export Corp., or CATIC, bought an American and documents. guns in the first eight months of 1992. aerospace company, Mamco. But in July of Acting aggressively on a 1987 White House Chief among the guns was the SKS semi­ that year, President Bush forced CATIC to decision to allow Chinese arms imports, automatic rifle, a popular collector's item in divest. Mamco, near Seattle, supplied tail Beijing's army already has become the larg­ the United States. During the Vietnam War, and wing assemblies to Boeing, the principal est foreign supplier of small arms to the China shipped vast numbers of the SKS to American aerospace firm. At the time, the American market, according to documents North Vietnam. White House said CATIC's "continued con­ supplied by the Treasury Department's Bu­ The CJA firm does the bulk of its business trol of Mamco might threaten to impair na­ reau of Alcohol, Tobacco and Firearms. with China Jing An Co., which, according to tional security." The move into the United States is indic­ However, several months later, CATIC es­ ative of the growing power and confidence of a U.S. Defense Intelligence Agency report, is the Chinese military, which over decades has owned and controlled by the People's Armed tablished a smaller company in Seattle evolved from a guerrilla army into a well­ Police, China's main anti-riot force. called Queen Tech USA, which also supplies equipped military of 3 million, say special­ CJA's president, Sui Chan, said his com­ airplane parts to Boeing, according to Zhang pany did much business with China Jing An Bishu, Queen Tech's president. ists here. Between 1989 and 1991, according to statis­ Co. but was not owned by it. He declined to Zhang, who confirmed that the company is tics obtained from the Treasury's arms bu­ answer further questions. "We are an inde­ owned by CATIC, said it currently produces reau through a Freedom of Information Act pendent business," he said. in China airplane parts--including vertical request, 1.92 million Chinese weapons and "The main reason the Chinese go into busi­ fins and cargo doors--for Boeing planes and thousands of tons of ammunition were ness in the United States is to make dol­ plans to start production in the United brought into the United States. While com­ lars," said T. Van Magers, a specialist on States "soon." The firm is also seeking to plete 1992 statistics on imported Chinese China and assistant section chief of the invest in the United States, preferably in the weapons are not yet available, they appear FBI's Intelligence Division. "That money high-technology field, he said. to surpass 1991, a record year, U.S. Customs can be used for any number of things--buy­ "We learned our lesson from Mamco," Service sources added. ing restricted technology, importing Mer­ Zhang said. "Next time we will do it better." One of the Chinese-made guns, an AK-47 cedes-Benzes or running operations abroad." According to a Defense Intelligence Agen­ semiautomatic manufactured by a huge de­ The move by Chinese military firms into cy report, China's defense industry is divided fense firm, China North Industries, or the United States-which started in the mid- into two parts: "the uniformed services of Norinco, was used by a gunman to kill two 1980s---has occurred with little or no public the People's Liberation Army under direc­ people and wound three others in front of debate in this country. The United States tion of the Military Commission, and the de­ CIA headquarters on Jan. 25. "Chinese guns began allowing China to sell weapons here in fense-related industrial ministries under di­ are flooding the market," said a high-rank­ 1987 in what officials have described as pri­ rection of the State Council"-China's cabi­ ing official of the Treasury's arms bureau. marily a business decision. net. "They're the K mart of weapons manufactur­ At the time, American firms were selling Firms like China North Industries, which ers." weapons and weapons-related technology to in the 1980s had tank and artillery manufac­ In the United States, businesses owned by China, and the Chinese demand for access to turing plants in Iraq, and CATIC belong to the People's Liberation Army, as China's the U.S. market was seen as fair reciprocity. the former category, while China Jing An armed forces collectively are known, import After the 1989 crackdown on pro-democracy and another firm also active in the United pig iron, basketballs, bicycles, car jacks, demonstrators in China, the Bush adminis­ States, Polytechnologies Inc., belong to the barbells, silk jackets and negligees from fac­ tration stopped U.S. weapons sales to China, latter. tories in China. Additional companies are although it continued to allow Chinese mili­ Linking the two categories is a powerful seeking to buy American businesses, espe­ tary firms to operate and to sell their weap­ organization called the Commission on cially those specializing in high technology. ons in the United States. Science, Technology and Industry for Na­ In a move that has concerned some U.S. " Foreigners have rights to set up compa­ tional Defense. Its director is Deng Nan, the military officials, one firm linked to the nies in this country as long as they function daughter of Deng Xiaoping. military, China National Aero-Technology according to U.S. law," a State Department Among the Chinese defense firms in the Import-Export Corp., established a small air­ official said. "There is not an overriding for­ United States, Norinco appears to have the plane parts manufacturing company near Se­ eign policy interest here." largest operation, which includes at least attle after its attempt to buy a similar but However, some analysts argue that the two wings--one based in New Jersey and the larger firm was stopped by the Bush adminis­ United States should consider whether it other in California. Norinco's glossy 1993 ex­ tration because of security concerns in 1989. wants to be in the position of aiding China's port catalogue hawks tanks and rocket-pro­ FBI agents and private investigators say military modernization. pelled grenades and boasts about the firm's companies owned by China's army-which "The Chinese military is pretty much American connection. are active in at least seven states--are be­ doing anything it can to make money so "China is the inventor of powder and rock­ lieved to be contributing the bulk of their they can get the dollars back to China, so et with long history of ordnance production profits here to China's military moderniza­ they can buy things primarily that the Unit­ and application," it reads, somewhat tion drive. ed States won't sell them," said Wendy ungrammatically. "Norinco has founded a The drive, which aims to turn China into Frieman, a specialist on the Chinese mili­ lot of overseas joint ventures or cooperative Asia's premier power in the next century, tary for a Virginia-based think tank, Science companies as well as exclusively invested en­ was begun by China's senior leader Deng Application International Corp. " Opening terprises through direct investment in such Xiaoping in the 1980s. It recently received a businesses in the United States gives the de­ countries and regions as USA, FRG [Ger­ boost when a leading advocate of a stronger fense firms a window into the United many], UAE [United Arab Emirates], Singa­ military, Gen. Liu Huaqing, took over the States." pore and Hong Kong, etc." important Central Military Commission, While not currently considered a threat to Zhang Xiaochuen, the vice president of the similar to the Joint Chiefs of Staff in the American interests, China is flexing its mus­ New Jersey-based NIC International, a United States. cles in Asia. Within the last year, for exam­ Norinco-owned firm with offices in New York FBI agents and American businessmen ple, Beijing has rekindled a war of words and Seattle, said his firm sells " basketballs, with knowledge· of the companies say profits with Vietnam and other countries bordering truck springs, silk jackets, cotton textiles are also being used by corrupt officers to pad the South China Sea over the disputed own­ and wants to do lots more trading." bank accounts abroad, a common occurrence ership of the Spratly Islands chain, believed " When we get enough money, maybe we'll in China. Other earnings appear earmarked to be rich in offshore oil. And recent reports invest," he said. "We'll probably go high­ to strengthen China's internal security appa­ say China is seeking either to build or pur­ tech. That is a very good market in China." ratus, which, following the massive chase an aircraft carrier. J.L. Chan, a vice president with China prodemocracy demonstrations of 1989, is also June Dreyer, a professor of political Sports, a California-based firm, said his com­ working to upgrade its forces. science at the University of Miami who often pany also is related to Norinco and does a 4316 CONGRESSIONAL RECORD-SENATE March 5, 1993 good business in small-weapons sales, once I would like my colleagues to know our riod for morning business, with Sen­ exporting "several thousand" sporting rifles subcommittee in the Governmental Af­ ators permitted to speak therein. to a "Latin American country" several years fairs Committee held a hearing-! The PRESIDING OFFICER. Without ago. He declined to supply further details. "We recently began shipping Norinco mo­ think I alluded to it-on just how easy objection, it is so ordered. torcycles to Mexico," he said. "It's a good it is to become an arms exporter in our business." country simply by sending the State U.S. Customs documents show that in the Department about 10 bucks or so. Be­ EXECUTIVE SESSION first nine months of 1992, China Sports im­ fore you know it, you are a licensed ported 874 tons of ammunition and about arms exporter. EXECUTIVE CALENDAR 15,000 guns, including handguns and SKS It was so incredible to hear the testi­ semiautomatic rifles. Another firm, PolyUSA, is based in At­ mony of the ease with which people be­ lanta and, according to law enforcement come exporters. It was so incredible DEPARTMENT OF DEFENSE agents, is closely associated with that I did not believe it and I do not Mr. PRYOR. Mr. President, I ask Polytechnologies Inc., a wing of the armed think anyone else believed it. forces, General Political Department. The unanimous consent that the Senate I am now in a sincere state of dis­ proceed to executive session to con­ parent company has been implicated in the belief about the importing business of sale of Silkworm missiles to Iran in the 1980s sider the following nomination, re­ these tremendous numbers of Chinese ported today by the Committee on and is run by He Ping, Deng's son-in-law. weapons that are flooding the cities The Bureau of Alcohol, Tobacco and Fire­ Armed Services and that the Senate arms' statistics show that PolyUSA im­ and the rural area of our country and proceed to its immediate consider­ ported more weapons into the United States are endangering the lives of innocent ation: William J. Perry, to be Deputy from 1989 to 1991 than any other single Chi­ people daily. Secretary of Defense. nese-owned firm: 361,354. Most of these weapons are made over­ Mr. President, I further ask unani­ Mrs. KASSEBAUM addressed the seas and they are being imported into mous consent that the nominee be con­ Chair. our country, huge profits are being firmed; that any statements appear in The PRESIDING OFFICER. The Sen­ made and danger is created each day. It the RECORD as if read; that the motion ator from Kansas is recognized. is a totally irresponsible policy. to reconsider be laid upon the table; Mrs. KASSEBAUM. Mr. President, I I look forward to working with the that the President be immediately no­ will just rise to join in the comments Senator from Kansas and my colleague tified of the Senate's action; and that of the Senator from Arkansas [Mr. from Arkansas and any and all of our the Senate return to legislative ses­ PRYOR] who I believe has spoken elo­ colleagues who share our concern that sion. quently to the problems that we ad­ we must do something about this mat­ The PRESIDING OFFICER. Without dressed earlier on the floor and have ter. It is something that we must ad­ objection, it is so ordered. found we share a great concern. dress now and we cannot wait any The nomination was considered and When I saw the story in the Washing­ longer. confirmed as follows: ton Post, my first thought was I be­ lieved that type of assault weapon had William J. Perry, to be Deputy Secretary been banned under an Executive order CLOTURE MOTION of Defense. of President Bush because AK--47's were Mr. PRYOR. Mr. President, I send to NOMINATION OF WILLIAM J. PERRY of an assault-type weapon that was on the desk a cloture motion on the mo­ Mr. WARNER. Mr. President, if I that list. The difference is there are de­ tion to proceed to S. 460, the motor­ may add a word, I have had the privi­ rivatives now, and unless it is classi­ voter bill. lege of knowing Dr. Perry for many, fied as assault, it cannot be banned for The PRESIDING OFFICER. The clo­ many years. Chairman NUNN and Sen­ import. This was because of derivatives ture motion having been presented ator THURMOND of the Senate Armed designated for sporting purposes. under rule XXII, the Chair directs the Services Committee along with other The sporting purposes, I will argue, clerk to read the motion. members of that Committee had a very Mr. President, are becoming a real The assistant legislative clerk read thorough hearing with this nominee tragedy in this country and many of as follows: this week, at which time all aspects of our larger urban centers are beginning CLOTURE MOTION his career were pro bed carefully. It to look Third World on the streets We, the undersigned Senators, in accord­ was the determination of the com­ when you can see teenagers with as­ ance with the provisions of rule XXII of the mittee that he is eminently qualified sault weapons. Standing Rules of the Senate, hereby move for this post, particularly of those of us I certainly agree that forcing a ban to bring to a close the debate on the motion who, as I say, had the opportunity to on the import of assault weapons is not to proceed to S. 460, the motor-voter bill. work with him through a variety of po­ going to stop crime, and we are awash Wendell Ford, Tom Daschle, Bob Kerrey, sitions, both in Government and in the with these weapons now. But I Clearly Harlan Mathews, Harris Wofford, Pat private sector as well as several foun­ Leahy, Daniel K. Akaka, Jeff Binga­ dations. He has done a lot of work, for believe, Mr. President, we must find a man, Dale Bumpers, Russell D. way to make the letter of the law Feingold, Carol Moseley-Braun, Bob example, for the Aspen Institute, spe­ match the intent of the law. Krueger, Howard Metzenbaum, John cifically on defense, through the years. I look forward to working with Sen­ Glenn, Joseph Lieberman, Don Riegle, And at this time I would like to say ator PRYOR, Senator BUMPERS, and oth­ Paul Wellstone, George Mitchell. that the President as well as Secretary ers who are interested in trying to ad­ Aspin are to be commended for this dress this and perhaps one of the best outstanding choice. He is a man of im­ ways, Mr. President, I suggest to the CALL OF THE ROLL peccable character, a man with exten­ Senator from Arkansas, would be some Mr. PRYOR. Mr. President, I ask sive background, and he will be a great hearings so that we can understand ex­ unanimous consent that the manda­ working partner for the Secretary of actly how these derivatives are des­ tory live quorum, as required under Defense, the Chairman of the Joint ignated, what is the process now in de­ rule XXII, be waived with respect to Chiefs, the members of the Joint Chiefs termining what is allowed and what is this cloture motion. and, of course, a close and valued ad­ not allowed in our import policy. The PRESIDING OFFICER. Without viser to the President of the United I yield the floor, Mr. President. objection, it is so ordered. States. Mr. PRYOR. Mr. President, I want to Again, those of us who have known sincerely thank my good friend from him are confident that he will work Kansas, Senator KASSEBAUM, for lier el­ MORNING BUSINESS closely with the Congress. oquent statement on this issue. I would Mr. PRYOR. Mr. President, I ask I mentioned on the floor exactly a like to say something else; that in 1990, unanimous consent that there be a pe- week ago today, with the distinguished March 5, 1993 CONGRESSIONAL RECORD-SENATE 4317 majority leader present, my concern and move into the private sector of the collider and space station be revisited about consultation between the Presi­ economy. I think Dr. Perry is going to with the thought that either of those dent, the Secretary of Defense, now the be a driving force there. And once programs might be substantially re­ Deputy Secretary, Dr. Perry, and oth­ again, this should be an effort that is duced as they may no longer be in the ers with the Congress at times when it joined in by Republicans and Demo­ interest of our country given the budg­ is in the interest of the United States crats alike. I look forward to working et constraints we have today. But the to commit the men and women of the with the Senator from Virginia as I am President listened very carefully, and Armed Forces into situations where sure do all of my colleagues on this in his responses he carefully stated there is risk. It is not a question of the side of the aisle. those areas in which he had to do some War Powers Act; that is separate, as Mr. WARNER. Mr. President, I thank more homework and needed to learn my distinguished colleague from Ar­ my good friend and colleague. Indeed, more. Those are the sort of very con­ kansas knows. we have enjoyed a friendship and work­ structive impressions that I and others And at lunch this week, President ing partnership on many issues in received from this luncheon. Clinton, when he met with Republican these 14 years, but I would be remiss if I think it is the first time a Presi­ Senators, in his opening remarks said I did not say that this body listens very dent has come to the Capitol this early very straightforwardly that he was carefully when the Senator from Ar­ in any administration to visit with,' going to pursue carefully the consul ta­ kansas addresses the defense issues should we say, the opposition party, for t ion process that his predecessors; particularly as they relate to how we the purposes of sharing in a very namely, Presidents Bush and Reagan, achieve greater cost savings in the friendly, straightforward manner our had established with the Congress. He management area of the Department of views. saw great value in it. He specifically Defense. The two of us have had some Mr. PRYOR. Mr. President, I thank said that perhaps we could have had differences on this issue through the the Senator for the comments he made. more consultation in connection with years, but the Senator's approaches the airdrop and other aspects of the re­ have been well thought out and, in grettable situation in Bosnia. large measure, constructive. I antici­ LEGISLATIVE SESSION So I am very confident of the future pate in the coming year he will have The PRESIDING OFFICER. Under of the Department of Defense now more suggestions in this area. the previous order, the Senate will now being in sound hands with a very expe­ Mr. PRYOR. Mr. President, I want to return to legislative session. rienced Secretary, Secretary As pin, thank my friend from Virginia for and now with the Deputy Secretary of those kind remarks. Defense, Dr. Perry. And they have Mr. President, through the Chair I MESSAGES FROM THE PRESIDENT other, Mr. President, I might mention, will propound a question to my friend, Messages from the President of the very well-qualified individuals coming if I might. He made reference to our United States were communicated to along for confirmation such that I President coming to the Republican the Senate by Mr. Thomas, one of his think the future total team of the De­ meeting on the Hill. That meeting got secretaries. partment of Defense will be experi­ a great degree of publicity and notori­ enced and I hope will do a splendid job. ety. I will have further remarks on the My question is, if I may propound it EXECUTIVE MESSAGES REFERRED budget. through the Chair to my friend from As in executive session the Presiding I commend to all Senators the speech Virginia, did the Senator make the Officer laid before the Senate messages given by the distinguished chairman of comments he made reference to after from the President of the United the Armed Services Committee earlier or before he had eaten that Big Mac States submitting a nomination which today. that the Republicans purchased for was referred to the Committee on The PRESIDING OFFICER. Without him. Banking, Housing, and Urban Affairs. objection, it is so ordered. Mr. WARNER. Mr. President, he in a (The nominations received today are Mr. PRYOR. Mr. President, if I might very careful manner consumed the Big just briefly respond to my good friend, printed at the end of the Senate pro­ Mac in its entirety even though it was ceedings.) the Senator from Virginia [Mr. WAR­ well chilled, not intentionally well NER], with whom I came to the Senate chilled, and a bit flabby. The reason I and have had the privilege of serving know that is I took the one right under MEASURE PLACED ON THE with for some 14 years--! do not know his. I thought about it through the bal­ CALENDAR where those 14 years have gone- it has ance of the afternoon for a variety of been a privilege serving with him. And reasons; it revisited me on several The following measure, previously re­ also I deem it a special honor to have occasions. ceived from the House of Representa­ served with him because of his knowl­ Mr. PRYOR. Yes, I heard, Mr. Presi­ tives, was read the first and second edge of the military and military mat­ dent, that this Big Mac was one of the times and placed on the calendar: ters and military affairs, not only of soggier Big Mac's-- H.R. 904. An act to amend the Airport and our country but across the world. His Mr. WARNER. That is right. Airway Safety, Capacity, Noise Improve­ ment, and Intermodal Transportation Act of breadth of knowledge is undisputed and Mr. PRYOR. That has ever been 1992 with respect t o the establishment of the his respect for our military and the re­ consumed. I know he was running a lit­ National Commission to Ensure a Strong spect the military has for him is cer­ tle late and the Big Mac was a little Competitive Airline Industry. tainly undisputed also. His accolades soggy, but I know he appreciated it. t o Dr. Perry, I am sure, mean that Mr. WARNER. It was a memorable much more because of what we know of luncheon for us, Mr. President. My col­ EXECUTIVE AND OTHER the Senator's knowledge of this man leagues expressed great appreciation COMMUNICATIONS and the role that he must play in this that the President came up and sat The following communications were very tough position he is assuming. down and listened. The impression I laid before the Senate, together with Dr. Perry is someone, by the way, I got is that this President listens in a accompanying papers, reports, and doc­ do not know as well as the Senator very sincere manner. He responded uments, which were referred as indi­ from Virginia, but I know of his rep­ very straightforwardly to a number of cated: utation for being one who is a strong questions including one from this Sen­ EC-621. A communication from the Comp­ proponent of military conversion and ator. t roller General of the United States, trans­ defense conversion that now we must I joined, as the Senator knows, the mitting, pursuant to law, a report on t he really study and get ready for as we Senator's senior colleague, Mr. BUMP­ comparison of fiscal year 1992 budget esti­ down size our Military Establishment ERS, in recommending the super mates and actual results; referred jointly, 4318 CONGRESSIONAL RECORD- SENATE March 5, 1993 pursuant to the order of January 30, 1975, as CONRAD, Mr. BOREN , Mr. GRASSLEY, Mr. SMITH, Mr. MCCONNELL , and Mr . modified by the order of April 11, 1986, t o the Mr. DURENBERGER, and Mr. MITCH­ MURKOWSKI): Committee on Appropriations and to the ELL): S. 527. A bill to provide for, and to provide Committee on the Budget. S. 514. A bill to amend title XVIII of the constitutional procedures for the imposition EC-622. A communication from the Sec­ Social Security Act to improve procedures of, the death penalty for causing death retary of Housing and Urban Development, under part B of the Medicare Program relat­ through the use of a bomb or other destr uc­ transmitting, pursuant to law, a report enti­ ing to extra-billing limits, and for other pur­ tive device; to the Committee on the Judici­ tled "Capitated Payment Formulas for Pub­ poses; to the Committee on Finance. ary. lic Housing" ; to the Committee on Banking, By Mr. PRYOR (for himself and Mr. By Mr. RIEGLE: Housing and Urban Affairs. MITCHELL): S.J. Res. 58. A joint resolution to designate EC-623. A communication from the Direc­ S. 515. A bill to amend title XVIII of the the weeks of May 2, 1993, through May 8, tor of the Export-Import Bank of the United Social Security Act to provide for a limita­ 1993, and May 1, 1994, through May 7, 1994, as States, transmitting, pursuant to law, notice tion on use of claim sampling to deny claims "National Correctional Officers Week" ; to of a transaction involving U.S. exports to or recover overpayments under Medicare; to the Committee on the Judiciary. the Republic of Venezuela; to the Committee the Committee on Finance. on Banking, Housing and Urban Affairs. By Mr. PRYOR (for himself, Mr. SAS­ EC-624. A communication from the Direc­ SER, Mr. COHEN, Mr. GRASSLEY, Mr. STATEMENTS ON INTRODUCED tor of the Export-Import Bank of the United CONRAD, Mr. DURENBERGER, Mr. BILLS AND JOINT RESOLUTIONS States, transmitting, pursuant to law, notice LEAHY, and Mr. MCCAIN): of a transaction involving U.S. exports to S. 516. A bill to amend title XVIII of the By Mr. PRYOR (for himself, Mr. the Republic of Venezuela; to the Committee Social Security Act to improve procedures COHEN, Mr. RIEGLE, Mr. ROCKE­ on Banking, Housing and Urban Affairs. under part B of the Medicare Program relat­ FELLER, Mr. CONRAD, Mr. EC-625. A communication from the Sec­ ing to durable medical equipment, and for BOREN, Mr. GRASSLEY, Mr. retary of Housing and Urban Development, other purposes; to the Committee on Fi­ DURENBERGER, and Mr. MITCH­ transmitting, pursuant to law, notice of find­ nance. ings on the States and units of local govern­ By Mr. BUMPERS (for himself and Mr. ELL): ment which use hotels and motels to house SASSER): S. 514. A bill to amend title XVIII of homeless families; to the Committee on S. 517. A bill to reduce the deficit in the the Social Security Act to improve Banking, Housing and Urban Affairs. Federal budget for fiscal year 1994 by limit­ procedures under part B of the Medi­ EC-626. A communication from the Sec­ ing to $2,000,000,000 the amount that may be care Program relating to extrabilling retary of Housing and Urban Development, appropriated for the Strategic Defense Ini­ limits, and for other purposes; to the transmitting, pursuant to law, a report enti­ tiative; to the Committee on Armed Serv­ Committee on Finance. tled "Emerging Resident Management Cor­ ices. porations in Public Housing" ; to the Com­ S. 518. A bill to reduce the deficit by limit­ MEDICARE BENEFICIARY PROTECTION ACT mittee on Banking, Housing and Urban Af­ ing the amount of appropriations which may Mr. PRYOR. Mr. President, I am fairs. be available to the intelligence community pleased to be joined by Senators COHEN, EC-627. A communication from the Direc­ for fiscal year 1994; to the Committee on Ap­ RIEGLE, ROCKEFELLER, CONRAD, BOREN, tor of the Export-Import Bank of the United propriations. GRASSLEY, and DURENBERGER in intro­ States, transmitting, pursuant to law, notice S. 519. A bill to reduce Federal budget defi­ ducing today the Medicare Beneficiary of a transaction involving U.S. exports to cits by prohibiting further funding of the the Kingdom of Thailand; to the Committee Trident II Ballistic Missile Program; to the Protection Act of 1993. This bill was in­ on Banking, Housing and Urban Affairs. Committee on Appropriations. cluded in H.R. 11, which was later ve­ EC-628. A communication from the Sec­ By Mr. BUMPERS (for himself and Mr. toed by President Bush. retary of Housing and Urban Development, COHEN): This legislation will enable the transmitting, pursuant to law, a report enti­ S. 520. A bill to prohibit the expenditure of Health Care Financing Administration tled "Rural Rental Rehabilitation Program appropriated funds on the Advanced Solid [HCF A] to enforce the Omnibus Rec­ Demonstration"; to the Committee on Bank­ Rocket Motor Program; to the Committee on onciliation Act of 1989 provisions com­ ing, Housing and Urban Affairs. Appropriations. EC-629. A communication from the Sec­ By Mr. McCAIN (for himself, Mr. monly known as Medicare physician retary of Commerce, transmitting, pursuant INOUYE, and Mr. CAMPBELL): payment reform. So-called balance bill­ to law, the report on the Visiting Committee S. 521. A bill to assist the development of ing limits were designed to protect on Advanced Technology: National Institute tribal judicial systems, and for other pur­ Medicare beneficiaries from excessive of Standards and Technology for calendar poses; to the Committee on Indian Affairs. out-of-pocket costs for physician serv­ year 1992; to the Committee on Commerce, By Mr. WOFFORD: ices. These limits became effective on Science and Transportation. S. 522. A bill to authorize the Adminis­ January 1, 1991. trator of the Environmental Protection Agency to award grants to political subdivi­ Today, we find that despite our ef­ EXECUTIVE REPORTS OF sions of States for environmental testing and forts, untold numbers of older Ameri­ COMMITTEES 0haracterization in enterprise zones, and for cans are still being subjected to physi­ other purposes; to the Committee on Envi­ cian overcharges. For many of these The following executive reports of ronment and Public Works. committees were submitted: people, who live on fixed incomes, the By Mr. WOFFORD (for himself and Mr. overcharges present a great financial By Mr. NUNN, from the Committee on SPECTER): hardship-a burden the Congress be­ Armed Services: S. 523. A bill to expand the Fort Necessity William J. Perry, of California, to be Dep­ National Battlefield, and for other purposes; lieved had been lifted. uty Secretary of Defense (Ex. Rept. No. to the Committee on Energy and Natural Re­ Physician payment reform placed 103-2). sources. new limits on the amount that physi­ (The above nomination was reported By Mr. WOFFORD: cians can bill their patients over and with the recommendation that he be S. 524. A bill to designate the Pittsburgh above what Medicare pays. We are in­ confirmed, subject to the nominee's Aviary in Pittsburgh, PA, as the National troducing this legislation today be­ Aviary in Pittsburgh; to the Committee on cause Medicare beneficiaries are still commitment to respond to requests to Energy and Natural Resources. appear and testify before any duly con­ By Mr. HATFIELD: being overcharged. Both doctors and stituted committee of the Senate.) S. 525. A bill to establish the Educational patients are often unaware of these Flexibility Act; to the Committee on Labor billing limitations, and as a result, and Human Resources. thousands of Medicare patients pay INTRODUCTION OF BILLS AND By Mr. BRADLEY (for himself and Mr. more than the law requires. In fact, in JOINT RESOLUTIONS ROBB): the last 6 months of 1992, over 500,000 The following bills and joint resolu­ S. 526. A bill ' to create a legislative item beneficiaries were charged over the veto by requiring separate enrollment of tions were introduced, read the first items in appropriations bills and tax expend­ legal limits. and second time by unanimous con­ iture provisions in revenue bills; to the Com­ In August 1992, HCF A stepped up sent, and referred as indicated: mittee on Rules and Administration. their efforts to monitor Medicare By Mr. PRYOR (for himself, Mr. COHEN, By Mr. D'AMATO (for himself, Mr. claims for physician overcharges. The Mr. RIEGLE, Mr. RoCKEFELLER, Mr. DOLE, Mr. DECONCINI, Mr. DOMENICI, results are alarming. From a sample of - ---. ----· • I • ~- - -

March 5, 1993 CONGRESSIONAL RECORD-SENATE 4319 claims from August to December, over s. 514 (b) DETERMINATIONS BY CARRIERS REGARD­ 1 million individual procedures con­ Be it enacted by the Senate and House of Rep­ ING APPLICABLE LIMITING CHARGES FOR PHY­ tained overcharges. These overcharges resentatives of the United States of America in SICIAN SERVICES.-Section 1842(b)(3) (42 averaged 56 percent over what is al­ Congress assembled, U.S.C. 1395u(b)(3)) is amended- SECTION 1. REFERENCES TO SOCIAL SECURI1Y (1) by striking "and" at the end of subpara­ lowed by law. ACT. graph (G); As we heard last year at a Senate Except as otherwise specifically provided, (2) by striking "and" at the end of subpara­ Aging Committee hearing, when bene­ whenever in this Act an amendment is ex­ graph (H); and ficiaries realize they have been over­ pressed in terms of an amendment to or re­ (3) by inserting after subparagraph (H), the charged, they have had to struggle to peal of a section or other provision, the ref­ following new subparagraph: erence shall be considered to be made to that "(I) will, for claims that are not paid on an obtain information. At the Aging Com­ section or other provision of the Social Secu­ assignment-related basi&- mittee hearing, Stanley Lipson of rity Act. "(i) determine, prior to making payment, Bayside, NY, testified about his experi­ SEC. 2. EXTRA·BILLING. whether the amount billed for physicians' ence with a doctor's overcharge of (a) APPLICATION OF EXTRA-BILLING LIM­ services furnished with respect to an individ­ more than $1,000. He told the commit­ ITS.-Paragraph (1) of section 1848(g) (42 ual enrolled under this part exceeds the lim­ tee that trying to get useful assistance U.S.C. 1395w-4(g)) is amended to read as fol­ iting charge applicable under section from Medicare turned out to be a wild lows: 1848(g)(2); goose chase. "(1) LIMITATION ON ACTUAL CHARGES.- "(ii) notify the physician, supplier, or "(A) NO BILLING IN EXCESS OF LIMITING other person within 30 days of any deter­ Recently, HCFA has increased their CHARGES.-A nonparticipating physician who mination that the amount billed exceeds by monitoring and enforcement of the bal­ does not accept payment on an assignment­ at least one dollar the limiting charge appli­ ance billing limits. Although HCFA's related basis for physicians' services fur­ cable under section 1848(g)(2) and provide an efforts are a step in the right direction, nished with respect to an individual enrolled opportunity for the physician supplier or under this part may not bill or collect an ac­ other person to respond; we want to ensure that these limits tual charge in excess of the limiting charge provide the protection that Congress "(iii) notify the physician, supplier, or described in paragraph (2) for such services. other person, within 30 days of the receipt of intended. For this reason, we are intro­ "(B) NO LIABILITY FOR EXCESS CHARGES.­ a response, of the carrier's determination ducing this legislation today. No person is liable for payment of any with respect to such response regarding Our bill strengthens the law by re­ amounts billed in excess of the amount per­ whether the limiting charge applicable under quiring specific monitoring and en­ mitted under subparagraph (A). section 1848(g)(2) has been exceeded; and "(C) REFUND OF EXCESS CHARGES.-If a phy­ "(iv) include limiting charge information forcement efforts by HCF A, and by sician bills or collects an amount that ex­ clarifying that beneficiaries are not in the explanation of medicare benefits that ceeds by at least one dollar the applicable is sent to an individual enrolled under this liable for overcharges. Our bill would limiting charge for a service furnished to an part after the submission of an unassigned also give beneficiaries increased access individual enrolled under this part, the phy­ claim on an individual's behalf which ex­ to HCF A by creating a beneficiary ad­ sician shall on a timely basi&- ceeds the limiting charge by at least one dol­ visory council to HCF A, much like the "(i) refund the full amount collected in ex­ lar; and". cess of the limiting charge, existing physician advisory council. (C) MONITORING OF CHARGES IN EXCESS OF "(ii) if there is an outstanding balance LIMITING CHARGE.-Section 1848(g)(6) (42 Our legislation closely follows the Phy­ owed to the physician for other i terns and sician Payment Review Commission's U.S.C. 1395w-4(g)(6)) is amended in subpara­ services and furnished to the individual, re­ graph (B), by striking "report to the Con­ recommendation that Congress make duce this balance by the amount of the ex­ gress" and inserting "report to the Congress improvements in the law to ensure cess charge and refund any amount in excess regarding the charges described in subpara­ that limits on balance billing achieve of the outstanding balance, or graph (A)(i), including the extent to which the goal Congress intended. "(iii) if the physician has not yet collected actual charges exceed limiting charges, the such excess charges, reduce the actual Mr. President, since our Aging Com­ charge billed for the service to the amount number and types of services involved, and mittee hearing, we have received calls permitted under subparagraph (A). the average amount of excess charges". "(D) TIMELINESS OF REFUND .- (e) ESTABLISHMENT OF MEDICARE BENE­ from Medicare beneficiaries from all FICIARY ADVISORY COUNCIL.-Title XVill (42 over the country who are due refunds. "(i) IN GENERAL.-A refund (or reduction) under subparagraph (C) is considered to be U.S.C. 1395 et seq.) is amended by inserting At the same time, many organizations after section 1889 the following new section: representing Medicare beneficiaries made on a timely basis if the full refund (or notice to the individual of reduced outstand­ "SEC. 1890. MEDICARE BENEFICIARY ADVISORY have offered their support for this bill, ing balance or reduced charge, as applicable) COUNCIL. including the American Association of is made within 30 days after a carrier noti­ "(a) APPOINTMENT OF MEMBERS.-The Sec­ Retired Persons; Families United for fies the physician that the limiting charge retary shall appoint, based on nominations Senior Action; the National Council of has been exceeded. submitted by organizations representing el­ Senior Citizens; the National Commit­ "(ii) RESPONSE TO CARRIER'S DETERMINA­ derly and disabled populations, a Medicare TION.-ln the case of a physician who, within Beneficiary Advisory Council (hereafter in tee to Preserve Social Security and this section referred to as the 'Council') to Medicare; Arkansas Seniors Organized 30 days after the carrier notifies the physi­ cian that the limiting charge has been ex­ be composed of 15 individuals who are enti­ for Progress; and, the National Asso­ ceeded, submits to the carrier documenta­ tled to benefits under part A or who are en­ ciation of Retired Federal Employees. I tion supporting application of a different rolled under part B. also appreciate the efforts of the senior limiting charge to the service furnished, a "(b) MEETINGS.-The Council shall meet Senator from Michigan, Mr. RIEGLE, refund (or reduction) under subparagraph (C) once during each calendar quarter to discuss for his longstanding leadership and is considered to be made on a timely basis if proposed regulations, carrier manual in­ hard work on this issue. the full refund (or notice to the individual of structions, and any other issues with a direct reduced outstanding balance or reduced or indirect impact on delivery, cost, quality, I urge the rest of our colleagues to charge, as applicable) is made within 15 days or expansion of medicare services. To the ex­ join us as cosponsors. I am hopeful that after the carrier notifies the physician fol­ tent feasible and consistent with statutory we can work quickly to enact this leg­ lowing review of such documentation that deadlines, such consultation shall occur be­ islation that ensures the Medicare ben­ the limiting charge has been exceeded. fore the publication of such proposed eficiary protections, which have been "(E) SANCTIONS.-If a physician- changes. the law of the land for almost 3 years, "(i) knowingly and willfully bills for serv­ "(c) REIMBURSEMENT OF EXPENSES.-Mem­ ices in violation of subparagraph (A), bers of the Council shall be entitled to re­ will finally be fairly and adequately "(ii) collects for services in violation of ceive reimbursement of expenses and per enforced. subparagraph (A) on a repeated basis, or diem in lieu of subsistence in the same man­ Mr. President, I ask unanimous con­ "(iii) fails to comply with subparagraph ner as other members of advisory councils sent that the text of the bill be in­ (C), appointed by the Secretary are provided such serted in the RECORD. the Secretary may apply sanctions against reimbursement and per diem under this the physician in accordance with section title.". There being no objection, the bill was 1842(j)(2) and apply paragraph (4) of section (f) EFFECTIVE DATES.- ordered to be printed in the RECORD, as 1842(j) in the same manner as such paragraph (1) IN GENERAL.-Except as provided in follows: applies to such section.". paragraph (2), the amendments made by this 4320 CONGRESSIONAL RECORD-SENATE March 5, 1993 section shall apply to services furnished on plained that it was fully intended, thousands of beneficiaries that was or after January 1, 1994. that, in the event that balance billing both erroneous and misleading. (2) COUNCIL.-The amendment made by sub­ limits were exceeded, physicians would Thousands of "Explanation of Medi­ section (e) shall take effect on the date of be required to provide the Medicare care Benefits" forms, which are rou­ the enactment of this Act. beneficiary with a refund. Carriers, tinely mailed to Medicare beneficiaries Mr. MITCHELL. Mr. President, I rise through HCF A, would have the author­ after they have seen a physician, were in support of the Medicare Beneficiary ity to enforce this provision. sent out telling beneficiaries that they Payment Protection Act of 1993. This We further stated that we believed owed more-in some cases thousands of legislation augments previous congres­ that only through monitoring and en­ dollars more-than they were required sional efforts to protect Medicare bene­ forcing and limiting charges for each by law to pay. ficiaries from provider overcharges. I claim submitted, that full compliance One witness at the hearing, Mr. Bur­ was an original cosponsor of this legis­ of the law can be achieved. ton Lee of Sag Harbor, NY, testified lation in the last Congress, and, once The legislation provides the tech­ that he had received a notice from again, I join Senator PRYOR today as nical clarification to the current law to Medicare stating that he owed his phy­ an original cosponsor of this important ensure that these concerns are ad­ sician the full difference between the legislation. dressed. The "Medicare Beneficiary amounts the doctor billed-$4,863-and Physician payment reform in OBRA Payment Protection Act of 1993" en­ the amount Medicare paid-$1,527. 1989, set limits on the amount a physi­ sures the full implementation of the When he questioned the charge, Medi­ cian could charge a Medicare bene­ physician payment reform act as it was care actually advised him to pay the ficiary above the allowed amount. The in tended by Congress. full amount billed-more than $2,500 Medicare Beneficiary Payment Protec­ I urge my colleagues to support this more than he was required to pay by tion Act of 1993 takes the necessary ad­ important legislation. law. ditional steps to ensure physician ad­ Mr. COHEN. Mr. President, I am That's a tremendous difference-a po­ herence to these limitations. pleased to join with my colleague, Sen­ tentially catastrophic difference-for Designed to provide technical clari­ ator PRYOR, in introducing the Medi­ the Medicare beneficiary who is ill, fication to current law, the Medicare care Beneficiary Payment Protection who is living on a fixed income, and Beneficiary Payment Protection Act of Act of 1993. The legislation we are re­ who has likely been socked with a mul­ 1993 requires specific monitoring and introducing today was approved by titude of out-of-pocket medical ex­ enforcement efforts by the Health Care Congress last October, but unfortu­ penses, such as prescription drugs. Financing Administration. This legis­ nately was attached to the urban aid If Medicare's elaborate computer sys­ lation also requires HCF A to disburse bill, which the President failed to sign. tem is unable to calculate, and state information on charge limits to bene­ correctly, what the beneficiary actu­ Prompt passage of this bill will help ally owes, how can we possibly expect ficiaries as well as to physicians. ensure that Medicare beneficiaries are Finally, this bill establishes a Medi­ an elderly Medicare patient, who prob­ given the protection they have been ably has never even heard of a limiting care beneficiary advisory committee, promised, by law, against excessive similar to the current physician advi­ charge, to catch, much less rectify, medical bills. this kind of error? sory council, which will allow Medicare In 1989, Congress enacted legislation Too often, older people will not chal­ beneficiaries greater access to the to limit the amount doctors could lenge the information on a doctor's Health Care Financing Administration. charge Medicare patients over, and bill-they will simply feel compelled to I support this legislation, Mr. Presi­ above, the Medicare-approved amount. pay and deprive themselves of other ne­ dent, because it furtherR our effort to Generally referred to as the "limiting cessities. protect Medicare beneficiaries, particu­ charge," this cap was intended to pro­ Because of the congressional interest larly low-income beneficiaries, from tect Medicare beneficiaries from exces­ and press attention generated by the fraudulent billing and financial abuse. sive, out-of-pocket medical expenses. Aging Committee's hearing, HCFA has Medicare beneficiaries, many of However, the limiting charge is like finally taken some positive steps to whom have difficulty meeting basic a seat belt: it offers protection, but correct the information it is providing health care costs, have been overbilled only if it is used. Medicare beneficiaries and to improve and held liable for the overcharges. Last year, the Senate Special Com­ its enforcement efforts. However, last This legislation will help end the prac­ mittee on Aging held a hearing which year's hearing clearly demonstrated tice of fraudulent billing and protect revealed that many doctors are still the need for further clarification of the Medicare recipients from excessive out­ charging their Medicare patients far law to better enforce the limiting of-pocket expenditures. Under this law, more-at times even thousands of dol­ charges, and to ensure that bene­ when billing limits are exceeded, physi­ lars more-than the billing limits ficiaries are refunded any money that cians are required to provide the Medi­ allow. Many of these overcharges are they may have overpaid in a timely care beneficiary with a refund. Carriers the result of honest billing errors. Oth­ manner. would have the authority to enforce ers may be intentional. In either case, The legislation Senator PRYOR and I this provision. however, the Medicare patient is far are introducing today will do just that. The Health Care Financing Adminis­ too often struck with a very big bill Among other provisions, the Medi­ tration did take steps to clarify the that Congress did not intend him or care Beneficiary Protection Act clari­ role of carriers in enforcing the charge her to pay. fies that beneficiaries should not be limits established in OBRA 1989. I am Testimony presented at the hearing held liable for charges in excess of the encouraged by HCF A's actions, how­ disclosed that the Health Care Financ­ billing limits. It also requires physi­ ever, I do not believe it is enough. ing Administration had been extremely cians to make refunds to beneficiaries On April 3, 1992, I, along with several lax about enforcing the new limits on for charges that exceed the billing lim­ of my colleagues: Senators ROCKE­ physician charges. With the exception its. FELLER, RIEGLE, DURENBERGER, and of one small paragraph in the Medicare In addition, the legislation requires GRAHAM, sent a letter to the Health Handbook-which is sent only to new Medicare to examine each unassigned Care Financing Administration re­ enrollees, not to all beneficiaries­ claim for limiting charge compliance questing that all of the beneficiary pro­ HFCA had done nothing to notify Medi­ prior to payment, and to notify physi­ tections of OBRA 1989 be fully imple­ care beneficiaries about the new limits cians when the limiting charge has mented. on physician fees. been exceeded. Finally, the legislation My colleagues and I clarified in this Even worse, not only had HCF A requires that information about the letter that it was Congress' intent that failed to inform Medicare beneficiaries limiting charge be included in the Ex­ no beneficiary be held liable for any about the new limiting charge, it had planation of Medicare Benefits form amount in excess of the limit. We ex- also routinely provided information to sent to the beneficiary. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4321 Enactment of these provisions will Mr. President, I ask unanimous con­ Mr. Chairman, HCF A's claim sam­ ensure that the promise of protection sent that the text of the bill be printed pling auditing technique is just an at­ against excessive medical bills that in the CONGRESSIONAL RECORD. tempt to deny payment for Medicare Medicare beneficiaries were given with There being no objection, the bill was benefits, in particular, home health the enactment of the limiting charge ordered to be printed in the RECORD, as benefits, to which Medicare bene­ in 1989 is fulfilled, and I urge my col­ follows: ficiaries are entitled under law. leagues to join me in supporting this s. 515 Sampling audits ultimately affect legislation. Be it enacted by the Senate and House of Rep­ Medicare beneficiary access to needed resentatives of the United States of America in services. The bill we are introducing By Mr. PRYOR (for himself and Congress assembled, today will ensure Medicare beneficiary Mr. MITCHELL): SECTION 1. LIMITATION ON USE OF CLAIM SAM­ rights are protected. S. 515. A bill to amend title XVITI of PLING TO DENY CLAIMS OR RE­ As a member of the Senate Finance the Social Security Act to provide for COVER OVERPAYMENTS UNDER MEDICARE. Committee, I have long been concerned a limitation on use of claim sampling (A) LIMITATION ON USE OF CLAIM SAM­ about attempts to unfairly deny reim­ to deny claims or recover overpay­ PLING.-Section 1869(a) of the Social Security bursement for the Medicare home ments under Medicare; to the Commit­ Act (42 U.S.C. 1395ff(a)) is amended- health benefit. In 1987, I joined with tee on Finance. (1) by striking "(a) The determination" Senator BRADLEY to introduce the MEDICARE LEGISLATION and inserting "(a)(1) Subject to paragraph Medicare Home Health Services Im­ Mr. PRYOR. Mr. President, 2 years (2), the determination"; and provement Act of 1987. That legislation (2) by adding at the end thereof the follow­ ago, the National Association for Home ing new paragraph: included a number of provisions in­ Care informed me about a problem in "(2) Except for purposes of assessing civil tended to ensure that Medicare bene­ claims auditing that some Medicare money penalties for fraud under section ficiaries were not denied reimburse­ home health care providers have en­ 1128A(a)- ment for home health benefits to which countered that could potentially cause "(A) the determination with respect to a they were entitled. At that time, the a number of agencies to shut their claim for benefits under part A or part B denial rate for home health benefits doors. In 1991, I was joined by the ma­ shall be based solely on the individuals' enti­ under Medicare had reached 30 percent tlement to such benefits; and jority leader in introducing legislation "(B) the Secretary may not make any de­ in my home State of Maine-the high­ (S. 1838) to alleviate this situation. Un­ termination with respect to any claim for est rate of denials in the Nation. fortunately, the problem remains, and benefits described in paragraph (1) by apply­ The legislation Senator PRYOR and I I am again joined by Senator MITCHELL ing information obtained through a process are introducing today is similar to the in reintroducing this legislation. of claim sampling to such claim.". legislation we introduced in the last There are Medicare fiscal (b) CONFORMING AMENDMENTS.-(1) Section Congress. Our bill would prohibit the intermediaries who, when they audit a 1862(f) of such Act (42 U.S.C. 1395y(f)) is use of claim sampling to deny claims home health agency, look at only a amended by striking "otherwise" and insert­ or recover overpayments under Medi­ ing "otherwise that meets the requirements sample of the agency's claims. The of section 1869(a)(2)". care except in cases where fraud has problem arises when the results of that (2) Section 1869(b)(1) of such Act (42 U.S.C. been determined. very limited audit are then extrapo­ 1395ff(b)(1)) is amended by striking "sub­ As a result, any errors in the sample lated and applied to all of the agency's section (a)" and inserting "subsection are exponentially multiplied, often claims. As a result, any errors in the (a)(1)''. with serious consequences for the agen­ sample are exponentially multiplied, SEC. 2. EFFECTIVE DATE. cy and Medicare beneficiaries. often with serious consequences for the The amendments made by section 1 shall Appeals have shown that fiscal home health agency. apply to determinations on claims for bene­ intermediaries can make serious mis­ These so-called sampling techniques fits under title XVill of the Social Security takes-mistakes which are com­ are not specifically authorized by cur­ Act issued on or after the date of enactment pounded by the sampling practice. The rent law. Rather, the law refers to indi­ of this Act. consequences become even more seri­ vidual coverage determinations, based Mr. MITCHELL. Mr. President, I rise ous when the intermediaries collect the on the principle that each patient today to join my distinguished col­ alleged overpayment before the home under the Medicare home health bene­ league, Senator PRYOR, the chairman care agency can appeal. The appeals fit presents unique health care needs. of the Senate Special Committea on process is an inadequate protection HCFA, unfortunately, has chosen to ig­ Aging, to introduce legislation which against erroneous denials because it nore this principle through the use of would provide for a limitation on use of can take several years to resolve a sin­ its sampling audits. Consequently, claim sampling to deny claims or re­ gle claim denial. some agencies have been driven out of cover overpayments under Medicare. In the meantime, a home health business. Senator PRYOR and I introduced this agency is expected to reimburse the In the past few years, a number of bill during the 102d Congress. Unfortu­ Medicare carrier for those claims home health providers in my home nately, no action was taken and the which have been denied. This claim State of Arkansas have written to ex­ problem continues to pose a serious sampling practice can bankrupt home press their concern about this policy. A threat to the availability of Medicare health agencies, limiting access for home health nurse in Little Rock told home health benefits. Medicare patients to their home health me that a sampling audit could dev­ HCF A's use of claims sampling can entitlements. Hospitals and nursing astate her agency. Ultimately, sam­ result in Medicare claims being retro­ homes are justifiably fearful of the im­ pling audits affect Medicare bene­ actively denied and repayment de­ plications of this practice for them. ficiaries' access to needed services­ manded without an individual review These sampling techniques are not services to which they are entitled. Be­ by the Medicare intermediary. The specifically authorized by current law. cause Arkansas has one of the highest Health Care Financing Administration The current law refers to individual proportions of elderly citizens of all has used the practice of claims sam­ coverage determinations based on the the 50 States, access to Medicare serv­ pling to audit Medicare payments to principle that each patient under Medi­ ices is among one of my most impor­ providers, inCluding home health agen­ care presents unique health care needs. tant concerns. This bill would help to cies. Sampling is in direct conflict with that ensure that this is protected. There have been instances in which principle. The legislation that Senator MITCH­ some Medicare intermediaries have In cases of proven Medicare fraud, ELL and I are introducing would bar looked at only a small sample of a claim sampling may be used for the HCF A from doing sampling audits ex­ home health agency claims during a purpose of assessing civil monetary cept under strictly defined cir­ postpayment audit. This questionable penalties. cumstances. I urge my colleagues to sample is then extrapolated and ap­ According to the Maine Home Care join us in support of this bill. plied to all of the agency's claims. Alliance, the threat of claim sampling 4322 CONGRESSIONAL RECORD-SENATE March 5, 1993 is "like a guillotine with a frayed rope duced by Senator SASSER, and S. 1988, SEC. 2. DURABLE MEDICAL EQUIPMENT. over our necks." Small rural home the Quality in Medical Equipment and (a) DEFINITION OF MEDICAL EQUIPMENT AND health agencies and the beneficiaries Supplies Act of 1991, introduced by SUPPLIES.- (1) IN GENERAL.-Section 1861 (42 U.S.C. they serve are at special risk of bank­ Senator COHEN. I would like to take 1395x) is amended by adding at the end the rupting limited available service. Suffi­ this opportunity to recognize their on­ following new subsection: cient safeguards for quality care are in going efforts and commitment to ad­ "MEDICAL EQUIPMENT AND SUPPLIES place. Claim sampling adds nothing to dress the fraud and abuse within this "(oo) The term 'medical equipment and consumer or payer protection, and the segment of Medicare. supplies" means--- risks of limiting service are not justi­ Last year, at hearings held both by "(1) durable medical equipment (as defined fied. the Aging and Budget Committees, we in section 1861(n)); It is important that elderly and dis­ have learned how procedures governing "(2) prosthetic devices (as described in sec­ abled Medicare beneficiaries receive the administration of durable medical tion 1861(s)(8)); the benefits to which they are entitled. equipment payment are far too lax. "(3) orthotics and prosthetics (as described The Medicare home health benefit, in With Medicare spending going through in section 1861(s)(9)); particular, can mean the difference be­ the roof, failure to address known "(4) home dialysis supplies and equipment scams and administrative problems is (as described in section 1861(s)(2)(F)); tween no care and quality home care. "(5) surgical dressings and other devices The legislation Senator PRYOR and I inexcusable. Although the great major­ (as described in section 1861(s)(5)); are introducing today is intended to ity of suppliers are honest, a small "(6) immunosuppressive drugs (as described protect access to important health care number of unscrupulous suppliers con­ in section 1861(s)(2)(J)); and benefits under the Medicare Program. I tinue to gouge Medicare out of enor­ "(7) such other items as the Secretary may urge my colleagues to support this im­ mous amounts of money. Medical determine.". portant effort. equipment suppliers in my home State (2) EFFECTIVE DATE.-The amendment of Arkansas have urged me to take made by paragraph (1) shall apply to items By Mr. PRYOR (for himself, Mr. quick action to prohibit those unscru­ furnished on or after January 1, 1994. (b) DEVELOPMENT AND APPLICATION OF NA­ SASSER, Mr. COHEN, Mr. GRASS­ pulous suppliers from continuing to TIONAL STANDARDS FOR SUPPLIERS OF MEDI­ LEY, Mr. CONRAD, Mr. DUREN­ bilk the system. CAL EQUIPMENT AND SUPPLIES.-Section 1834 BERGER, Mr. LEAHY, and Mr. The bill we introduce today rep­ (42 U.S.C. 1395m) is amended by adding at the MCCAIN): resents a good working relationship end the following new subsection: S. 516. A bill to amend title XVIII of with the medical equipment and sup­ "(i) REQUIREMENTS FOR ISSUANCE AND RE­ the Social Security Act to improve plies industry. I am hopeful that this NEWAL OF SUPPLIER NUMBERS FOR SUPPLIERS procedures under part B of the Medi­ good relationship will continue. Also, I OF MEDICAL EQUIPMENT AND SUPPLIES.- care Program relating to durable medi­ am appreciative of the cooperation and "(1) PAYMENT.-No payment may be made consultation we have received from the under this part after July 1, 1994, for items cal equipment, and for other purposes; furnished by a supplier of medical equipment to the Committee on Finance. Health Care Financing Administration. and supplies (as defined in section 1861(oo)) DME LEGISLATION I am pleased to see that the Presi­ unless such supplier meets the national Mr. PRYOR. Mr. President, I am dent's fiscal year 1994 budget proposal standards specified by the Secretary and pos­ pleased to join my colleagues, the incorporates much of our bill. I also sesses a valid supplier number. chairman of the Budget Committee, recognize that the administration has "(2) REVISED STANDARDS.- Senator SASSER, and the ranking mem­ proposed additional savings in Medi­ "(A) IN GENERAL.-The Secretary shall, by ber of the Aging Committee, Senator care's durable medical equipment pro­ no later than January 1, 1996, in consultation gram. I look forward to working to­ with representatives of suppliers of medical COHEN in introducing the Durable Med­ equipment and supplies, carriers, and con­ ical Equipment Fraud and Abuse Pre­ gether with the administration on this and other proposals. sumers, revise the national standards for vention Act of 1993. This bill will deter Mr. President, this proposal rep­ suppliers of medical equipment and supplies the incidence of abusive practices by resents an attempt to develop a fair re­ to include the requirements listed in sub­ "bad apple" equipment suppliers by es­ paragraph (B). sponse to the varying recommenda­ "(B) STANDARDS DESCRIBED.-The require­ tablishing more rational administra­ tions of medical equipment suppliers, tive and payment policy. We are joined ments listed in this subparagraph are that the Health Care Financing Administra­ suppliers of medical equipment and supplies today by Senators GRASSLEY, CONRAD, tion, and other experts. In this effort, shall- DURENBERGER, LEAHY, and MCCAIN. our goal has always been to strike the "(i) comply with all applicable State and The bill we are introducing today, appropriate balance between the need Federal licensure and regulatory require­ which was included in H.R. 11 and ve­ for prevention of fraudulent practices ments; toed by President Bush, will save the and the need for laws flexible enough "(ii) maintain a physical facility on an ap­ Medicare Program well over $200 mil­ propriate site; to allow the honest suppliers to remain "(iii) have proof of appropriate liability in­ lion. This money could be used to re­ in business. duce the ever growing budget deficit or surance; and Mr. President, I urge the rest of our "(iv) meet such other requirements as the perhaps to aid struggling rural hos­ colleagues to join us as cosponsors and Secretary may specify. pitals. in ensuring that these proposals are en­ "(C) APPLICABILITY OF REVISED STAND­ Mr. President, for years Congress has acted into law. I request unanimous ARDS.-Beginning after December 31, 1995, heard about fraudulent, abusive, and consent that the text of the bill be in­ each supplie~ of medical equipment and sup­ extremely costly practices of the fly­ serted in the RECORD. plies applying for a supplier number or re­ by-night scam artists operating in the There being no objection, the bill was newing such supplier's supplier number shall medical equipment industry. At a time meet the revised standards described in this ordered to be printed in the RECORD, as paragraph.". when Congress is struggling to contain follows: health care costs and find ways to im­ (c) CERTIFICATES OF MEDICAL NECESSITY.­ s. 516 (1) IN GENERAL.-Section 1834 (42 U.S.C. prove access to health care, we are all Be it enacted by the Senate and House of Rep­ 1395m), as amended by subsection (b), is looking for ways to curb such prac­ resentatives of the United States of America in amended- tices. Congress assembled, (A) in subsection (a), by striking paragraph Senators SASSER and COHEN have SECTION 1. REFERENCES TO SOCIAL SECURITY (16), and played important leadership roles on ACT. (B) by adding at the end the following new this issue, and I am pleased to have Except as otherwise specifically provided, subsection: worked with them on this greatly need­ whenever in this Act an amendment is ex­ "(j) CERTIFICATES OF MEDICAL NECESSITY.­ pressed in terms of an amendment to or re­ "(1) STANDARDIZED CERTIFICATES.-Not ed legislation. This bill draws largely peal of a section or other provision, the ref­ later than July 1, 1994, the Secretary shall, from the provisions of S. 1736, the Med­ erence shall be considered to be made to that in consultation with carriers under this part, icare Durable Medical Equipment Pay­ section or other provision of the Social Secu­ develop one or more standardized certifi­ ment Improvement Act of 1991, intro- rity Act. cates of medical necessity (as defined in March 5, 1993 CONGRESSIONAL RECORD-SENATE 4323 paragraph (3)) for medical equipment and cialty societies, shall develop and establish spect to services furnished on or after Janu­ supplies (as defined in section 1861(oo) other uniform national coverage and utilization ary 1, 1994. than paragraphs (4), (6), and (7)). If a certifi­ review criteria for 200 items of medical (g) LIMITATION ON BENEFICIARY LIABILITY.­ cate of medical necessity is required by the equipment and supplies (as so defined) se­ (!) IN GENERAL.-Section 1879 (42 U.S.C. Secretary, such standardized certificates lected in accordance with the standards de­ 1395pp) is amended by adding at the end the shall- scribed in paragraph (2). The Secretary shall following new subsection: "(A) be completed by each physician who publish the criteria as part of the instruc­ "(h) If a supplier of medical equipment and prescribes such medical equipment and sup­ tions provided to fiscal intermediaries and supplies (as defined in section 1861(oo))- plies for any beneficiary under this part, and carriers under this part and no further publi­ "(1) furnishes an item or service to a bene­ "(B) be transmitted to the supplier and cation, including publication in the Federal ficiary for which no payment may be made then to the carrier processing the claim for Register, shall be required. by reason of section 1834(i); payment for such medical equipment and "(2) STANDARDS FOR SELECTING ITEMS SUB­ "(2) furnishes an item or service to a bene­ supplies under this part. JECT TO CRITERIA.-The Secretary may select ficiary for which payment is denied in ad­ "(2) PROHIBITION AGAINST DISTRIBUTION BY an item for coverage under the criteria de­ vance under section 1834(a)(15); SUPPLIERS OF CERTIFICATES OF MEDICAL NE­ veloped and established under paragraph (1) "(3) is excluded from participation under CESSITY.- if the Secretary finds that- this title; or "(A) IN GENERAL.-Except as provided in "(A) the item is frequently purchased or "(4) furnishes an item or service to a bene­ subparagraph (B), a supplier of medical rented by beneficiaries; fic.iary for which payment is denied under equipment and supplies described in para­ "(B) the item is frequently subject to a de­ section 1862(a)(l); graph (1) may not distribute to physicians or termination that such item is not medically any expenses incurred for items and services to individuals entitled to benefits under this necessary; or furnished to an individual by such a supplier part for commercial purposes any completed "(C) the coverage or utilization criteria ap­ on an unassigned basis shall be the respon­ or partially completed certificates of medi­ plied to the item (as of the date of the enact­ sibility of such supplier. The individual shall cal necessity. ment of this subsection) is not consistent have no financial responsibility for such ex­ "(B) ExCEPTION FOR CERTAIN BILLING INFOR­ among carriers. penses and the supplier shall refund on a MATION.-Subparagraph (A) shall not apply "(3) ANNUAL REVIEW AND EXPANSION OF timely basis to the individual (and shall be with respect to a certificate of medical ne­ ITEMS SUBJECT TO CRITERIA.-The Secretary liable to the individual for) any amounts col­ cessity to the extent that such certificate shall annually review the coverage and utili­ lected from the individual for such items or contains only information completed by the zation of items of medical equipment and services, unless the supplier informs the in­ supplier of medical equipment and supplies supplies to determine whether items not in­ dividual in advance that payment under this identifying such supplier and the beneficiary cluded among the items selected under para­ part will not be made for the item or services to whom such medical equipment and sup­ graph (1) should be made subject to uniform and the individual agrees to pay for the item national coverage and utilization review cri­ plies are furnished, a description of such or service.". teria, and, if appropriate, shall develop and medical equipment and supplies, any product (2) EFFECTIVE DATE.-The amendment code identifying such medical equipment and apply such criteria to such additional items. made by paragraph (1) shall apply to items "(4) REPORT ON EFFECT OF UNIFORM CRI­ supplies, and any other administrative infor­ or services furnished on or after July 1, 1994. TERIA ON UTILIZATION OF ITEMS.-Not later mation identified by the Secretary. In the (h) TREATMENT OF NEBULIZERS AND ASPIRA­ event a supplier provides a certificate of than January 1, 1995, the Secretary shall sub­ TORS AS MISCELLANEOUS ITEMS OF DURABLE medical necessity containing information mit a report to the Committee on Ways and MEDICAL EQlliPMENT.- permitted under this subparagraph, such cer­ Means and the Committee on Energy and (1) IN GENERAL.-Section 1834(a)(3)(A) (42 tificate shall also contain the supplier's Commerce of the House of Representatives U.S.C. 1395m(a)(3)(A)) is amended by striking charge and the fee schedule amount for the and the Committee on Finance of the Senate "ventilators, aspirators, IPPB machines, and medical equipment or supplies being fur­ analyzing the impact of the uniform criteria nebulizers" and inserting "ventilators and nished prior to distribution of such certifi­ established under paragraph (1) on the utili­ IPPB machines" . cate to the physician. zation of items of medical equipment and (2) PAYMENT FOR SUPPLIES RELATING TO "(C) PENALTY.-Any supplier of medical supplies by individuals enrolled under this NEBULIZERS AND ASPIRATORS.-Section part." . 1834(a)(7)(A) (42 U.S.C. 1395m(a)(7)(A)) is equipment and supplies who knowingly and (e) PROHIBITION AGAINST MULTIPLE SUP­ willfully distributes a certificate of medical PLIER NUMBERS.- amended by striking "and" at the end of necessity in violation of subparagraph (A) is (1) IN GENERAL.-Section 1834 (42 U.S.C. clause (v), by striking the period at the end subject to a civil money penalty in an 1395m), as amended by subsection (d), is of clause (vi) and inserting "; and", and by amount not to exceed $1,000 for each such amended by adding at the end the following inserting after clause (vi) the following new certificate of medical necessity so distrib­ new subsection: clause: uted. The provisions of section 1128A (other " (1) PROHIBITION AGAINST MULTIPLE SUP­ "(vii) In the case of supplies to be used in than subsections (a) and (b)) shall apply to PLIER NUMBERS FOR SUPPLIERS OF MEDICAL conjunction with a nebulizer or aspirator for civil money penalties under this subpara­ EQUIPMENT AND SUPPLIES.-The Secretary which payment is made under this para­ graph in the same manner as they apply to a may not issue more than one supplier num­ graph, payment shall be in accordance with penalty or proceeding under section 1128A(a). ber to any supplier of medical equipment and paragraph (2) of this subsection.". "(3) DEFINITION.-For purposes of this sub­ supplies (as defined in section 1861(oo)) un­ (3) EFFECTIVE DATE.-The amendments section, the term 'certificate of medical ne­ less the issuance of more than one number is made by this subsection shall apply to items cessity' means a form or other document appropriate to identify subsidiary or re­ furnished on or after January 1, 1994. containing information required by the Sec­ gional entities under the supplier's owner­ (i) PAYMENT FOR OSTOMY SUPPLIES, TRA­ retary to be submitted to show that a cov­ ship or control.". CHEOSTOMY SUPPLIES, UROLOGICALS, SUR­ ered item is reasonable and necessary for the (2) EFFECTIVE DATE.-The amendment GICAL DRESSINGS, AND OTHER MEDICAL SUP­ diagnosis or treatment of illness or injury or made by paragraph (1) shall apply to items PLIES.- to improve the functioning of a malformed furnished on or after July 1, 1994. (1) IN GENERAL.-Section 1834(h)(l) (42 body member.". (f) DEFINITION OF INDUCEMENTS AS KICK­ U.S.C. 1395m(h)(l)) is amended by adding at (2) EFFECTIVE DATE.-The amendments BACKS CLARIFIED.- the end the following new subparagraph: made by paragraph (1) shall apply with re­ (1) IN GENERAL.-Section 1128B(b)(3)(B) (42 "(E) EXCEPTION FOR CERTAIN ITEMS.-Pay­ spect to certificates of medical necessity on U.S.C. 1320a-7b(b)(3)(B)) is amended by in­ ment for ostomy supplies, tracheostomy sup­ or after January 1, 1994. serting before the semicolon "(except that in plies, urologicals, surgical dressings, and (d) COVERAGE AND REVIEW CRITERIA FOR the case of a contract supply arrangement other medical supplies shall be made in ac­ CERTAIN MEDICAL EQUIPMENT AND SUP­ between a skilled nursing facility and a sup­ cordance with subparagraphs (B) and (C) of PLIES.-Section 1834 (42 U.S.C. 1395m), as plier of medical supplies and equipment (as section 1834(a)(2) (except that in the case of amended by subsection (c), is amended by defined in section 1861(oo) other than para­ surgical dressings, the national limited pay­ adding at the end the following new sub­ graphs (4), (6), and (7)), such employment ment amount shall be computed based on section: shall not be considered bona fide to the ex­ local payment amounts using average rea­ "(k) COVERAGE AND REVIEW CRITERIA.- tent that it includes tasks of a clerical and sonable charges for the six-month period "(!) DEVELOPMENT AND ESTABLISHMENT.­ cataloging nature in transmitting to suppli­ ending June 30, 1993, increased by the cov­ Not later than July 1, 1994, the Secretary, in ers assignment rights of individuals eligible ered item update for 1994).". consultation with representatives of suppli­ for benefits under part B of title XVID, or (2) EFFECTIVE DATES.- ers of medical equipment and supplies (as de­ performance of warehousing or stock inven­ (A) IN GENERAL.-Except as provided in fined in section 1861(oo) other than para­ tory functions)". subparagraph (B), the amendment made by graphs (4), (6), and (7)), individuals enrolled (2) EFFECTIVE DATE.-The amendment paragraph (1) shall apply with respect to under this part, and appropriate medical spe- made by paragraph (1) shall apply with re- items furnished on or after January 1, 1994. 4324 CONGRESSIONAL RECORD-SENATE March 5, 1993 (B) SURGICAL DRESSINGS AND OTHER MEDI­ Much of these savings are expected to the Senate last year. However, it was CAL SUPPLIES.-The amendment made by result from the establishment of a uni­ attached to the urban aid bill which paragraph (1) with respect to surgical form national durable medical equip­ was vetoed, and I am hopeful that we dressings and other medical supplies shall can move quickly to pass it this year. apply to items supplied on or after July 1, ment schedule. In the past, these sup­ 1994. plies were inappropriately and variably While the overwhelming majority of (j) FREEZE IN REASONABLE CHARGES FOR charged. the Nation's 160,000 suppliers of durable PARENTERAL AND ENTERAL NUTRIENTS, SUP­ As we work to reform the Nation's medical equipment [DME]-wheel­ PLIES, AND EQUIPMENT DURING 1994.-ln de­ health care system we must strive to chairs, hospital beds, home oxygen termining the amount of payment under part protect the quality of health care, equipment, and so forth-are dedicated B of title XVIII of the Social Security Act while eliminating unnecessary services and honest professionals, the rapid during 1994, the charges determined to be and reducing excessive payment. growth and sheer size of the program reasonable with respect to parenteral and en­ Fraud, abuse, and unnecessary charges have made it particularly vulnerable to teral nutrients, supplies, and equipment may not exceed the charges determined to be rea­ must be eliminated. This bill addresses fraud and abuse. sonable with respect to such nutrients, sup­ all these issues as they pertain to the The legislative reforms we are intro­ plies, and equipment during 1993. durable medical equipment industry. ducing today are the result of over a (k) STUDIES.- This bill will eliminate fraud and year's worth of investigations and (1) SUPPLIES AND SERVICES IN NURSING FA­ abuse in the durable medical equip­ hearings conducted by both the Senate CILITIES.-The Comptroller General of the ment industry with uniform national Special Committee on Aging and the United States shall conduct a study and re­ standards for suppliers of equipment. Senate Budget Committee into the port to the Congress no later than January 1, This bill will further limit confusing, practices of unethical suppliers who 1995, on the types, volume, and utilization of services and supplies furnished under con­ inconsistent, and arbitrary differences have taken advantage of weaknesses in tract or under arrangement with suppliers to in payment and coverage for over 100 the system to bleed millions of dollars individuals eligible for benefits under title commonly used medical supplies. The from the Medicare program. XVIII of the Social Security Act residing in Health Care Financing Administration In April 1991, the minority staff of skilled nursing facilities and nursing facili­ will have our full legislative backing to the Aging Commit.tee completed a ties. develop and establish uniform national year-long investigation which revealed (2) DESCRIPTIONS RELATING TO CERTAIN coverage and utilization review cri­ the unsavory practices of fly-by-night CODES.-The Comptroller General of the teria for these items. telemarketing operations that made United States shall conduct a study begin­ The legislation will also assure that thousands of calls to unsuspecting ning no earlier than July 1, 1994, and report to the Congress no later than January 1, Congress receives reports on the im­ Medicare beneficiaries urging them to 1995, on- pact of these criteria on the appro­ accept what was described as "free (A) whether changes made by the Depart­ priate use of and quality of these medi­ medical equipment"-equipment that ment of Health and Human Services to the cal supplies in nursing homes and other was rarely needed, generally of inferior descriptions relating to the codes for medi­ settings. quality, of little or no therapeutic cal equipment and supplies (as defined in Mr. President, this is not just a qual­ value, and which even could prove dan­ section 1861(oo) of the Social Security Act ity issue. It is a vital beneficiary-ac­ gerous. other than paragraphs (4). (6), and (7)}- cess issue as well. The proposed legisla­ These telemarketers learned to ma­ (i) accurately reflect the items being fur­ nished under such codes, and tion will simplify and speed up the ad­ nipulate the Medicare system by shop­ (ii) are sufficiently explicit to distinguish ministrative burdens on physicians ping around for the States paying the between items of varying quality and price, that may limit beneficiary access to highest reimbursement rates for equip­ and vital equipment. To protect consumers ment and supplies. They then used ag­ (B) recommendations for additional and payers, physicians will retain ap­ gressive, high-pressure tactics targeted changes that would improve the descriptions propriate roles in determining medical to the most vulnerable Medicare bene­ relating to the codes for such items. necessity and eliminating unnecessary ficiaries to sell their over-priced wares. Mr. MITCHELL. Mr. President, I rise costs to the system. The telemarketers did not stop, even if in support of the Durable Medical This legislation further limits bene­ the beneficiary refused the item. They Equipment Fraud and Abuse Preven­ ficiary liability for payments not cov­ would simply send the i tern and bill tion Act. I was a cosponsor of a similar ered or authorized as medically nec­ Medicare anyway, at times even forg­ bill also sponsored by Senator PRYOR essary. ing a doctor's signature on the author­ during the 102d Congress. This legisla­ The Durable Medical Equipment ization. tion is intended to deter abusive prac­ Fraud and Abuse Prevention Act ful­ The examples of abuse are stagger­ tices in supplying durable medical fills the intent of Congress to elimi­ ing: equipment. Further, it will establish nate fraud, abuse, and unnecessary A plain piece of beige foam cost a more rational administrative and pay­ costs associated with durable medical DME supplier about $23, and was then ment policy for durable medical equip­ equipment. It strengthens our intent to billed to Medicare for more than $240 as ment. improve access to quality durable med­ a "flotation pad for a wheelchair." This bill addresses fraud and abuse ical equipment for all. I urge my col­ A simple heating pad that could be problems with a focus on improving ac­ leagues to join in supporting this im­ purchased through the Sears catalog cess to quality medical equipment and portant legislation. for about $23 was purchased by a DME services. Mr. COHEN. Mr. President, I am telemarketer for $9.68, and then billed For many years Congress has had pleased to join with Senator PRYOR in to Medicare for $67. That is three times complaints about fraudulent, abusive, introducing this measure to protect the Sears price and six times the origi­ and excessively costly practices within the Medicare program from fraud and nal purchase price. some elements of the durable medical abuse by unscrupulous medical equip­ Finally, a bed-sized flimsy piece of equipment industry. Last year, Sen­ ment suppliers who provide inferior pink foam was billed to Medicare as a ator PRYOR introduced a similar bill equipment to Medicare beneficiaries "dry flotation mattress" to prevent that merged and strengthened provi­ and then bill Medicare at grossly in­ bed sores. This item, which obviously sions to protect individuals who rely flated prices. was completely ineffective, was pur­ on durable medical equipment for These reforms are critical if we are chased by a supplier for about $28 and acute care, chronic illness, disability, to ensure that scarce Medicare dollars then billed to Medicare for more than or rehabilitation. are not wasted on overpriced or useless $1,100. That represents a profit of more This legislation was developed in medical equipment. This legislation, than 3,800 percent. consultation with the Health Care Fi­ which is projected to save Medicare The Aging Committee investigation nancing Administration. It is expected over $200 million over the next 5 years, and subsequent hearings revealed that to save over $100 million over 5 years. was approved by both the House and it is far too easy for unethical medical March 5, 1993 CONGRESSIONAL RECORD-SENATE 4325 equipment suppliers to gain access to distributing completed or partially There are six Federal programs that the Medicare program. Equipment sup­ completed certificates of medical ne­ really stand out as candidates for ter­ pliers are not required to be certified cessity [CMN's] to physicians or Medi­ mination or reduced spending. Senator or licensed to do business with Medi­ care beneficiaries. Both suppliers and WARNER, Senator COHEN, Senator SAS­ care. In fact, until very recently, they physicians have complained that physi­ SER, Senator BRYAN, and I last week in­ have not had to meet any kind of pro­ cians do not always have the product troduced two bills to terminate the fessional or business standards whatso­ information necessary to complete the space station and the super collider. I ever. form, and that the forms are too long know that even the President is tired The current system for giving out and time consuming to complete, of hearing people say why can we not provider numbers-the billing numbers which decreases beneficiary access to cut the space station and super which enable suppliers to do business needed equipment and supplies. collider? The simple answer is we can. with Medicare-is far too lax. Medicare This legislation modifies the current Let me digress at this point, Madam asks few questions about the suppliers prohibition by permitting suppliers to President, to say that my respect for applying for the numbers and then does complete the administrative parts of and friendship with the Senator from little to check up on them once the the form, such as names, addresses, and Virginia [Mr. WARNER] has always been numbers have been issued. product codes. Suppliers completing total. But it went up just a bit last This laxity is tremendously costly to this information must also include the week when I saw the political heat he Medicare. Billing numbers are rarely price to make certain that the physi­ is taking for his position on the space canceled, even when the supplier has cian is aware of the item's cost. The station. been excluded from the Medicare pro­ physician would still be required to As he announced on the floor that gram for past fraudulent activities. complete all information related to Thursday afternoon when we intro­ Suppliers can also obtain multiple bill­ medical necessity. duced the bill-he said there were jobs ing numbers, enabling them to overbill, Mr. President, the reforms we are in his State and those people, if this doublebill, or avoid being detected for proposing today are critical to protect bill passed, would lose those jobs. And fraud. Medicare from abuse and to ensure it was a very difficult thing for him The current system simply invites that scarce Medicare dollars are spent to do. abuse. It is like the Government issu­ wisely, and I urge my colleagues to You simply do not see and hear that ing a lifetime gold card with an unlim­ support us in this effort. kind of courage on the Senate floor ited balance and. no annual service fee By Mr. BUMPERS (for himself very often. to suppliers without first running a and Mr. SASSER): Yesterday morning I read a feature credit check. And, from what our in­ S. 517. A bill to reduce the deficit in story in the Metro Section of the Post, vestigation revealed, many suppliers the Federal budget for fiscal year 1994 where he is, indeed, catching a tremen­ "don't leave home without it" and use by limiting to $2,000,000,000 the amount dous amount of flak for his position. their cards freely to bilk the taxpayers that may be appropriated for the Stra­ My admiration for him has increased and defraud the elderly. tegic Defense Initiative; to the Com­ exponentially. As a result of our investigation, sev­ mittee on Armed Services. But, besides the space station and eral administrative actions have been S. 518. A bill to reduce the deficit by the super collider, which as I say we taken by the Health Care Financing limiting the amount of appropriations have already introduced, there are Administration to tighten the system which may be available to the intel­ these other four. This is not an exclu­ to protect it against abuse. While these ligence community for fiscal year 1994; sive list, it just happens to be what I new regulations are a step in the right to the Committee on Appropriations. am introducing today. But these four direction, Medicare remains vulner­ S. 519. A bill to reduce Federal budg­ are the advanced solid rocket motor able, and there is much more that we et deficits by prohibiting further fund­ which NASA is scheduled to get at a must do to strengthen the system. ing of the Trident II Ballistic Missile cost of $3 billion and which it does not The legislation we are reintroducing Program; to the Committee on Appro­ need or even want. We have already today will not only combat fraud and priations. spent or at least appropriated a little abuse, but it will also establish more over $1 billion originally intended to rational payment and administrative By Mr. BUMPERS (for himself give the space shuttle a payload of an policies for durable medical equipment. and Mr. COHEN): additional 12,000 pounds. Goldin, head It will require suppliers to meet S. 520. A bill to prohibit the expendi­ of NASA, used to say they did not strict standards and disclosure require­ ture of appropriated funds on the Ad­ want it. ments in order to obtain and renew vanced Solid Rocket Motor Program; But to continue with the develop­ provider numbers, so that fraudulent to the Committee on Appropriations. ment of this rocket motor at this stag­ or inferior suppliers can be kept out of DEFICIT REDUCTION LEGISLATION gering cost for virtually nothing be­ the system and detected more easily. Mr. BUMPERS. Madam President, cause the rocket motors they use right The legislation also prohibits Medicare today I am introducing four bills to cut now have been improved so much, the from issuing more than one billing wasteful spending to reduce the deficit. new ASRM is not going to be worth its number to a supplier, unless more than Together these four bills will result in $3 billion cost. one is necessary to identify subsidiary savings of $4.7 billion in 1994. But when So I am saying it is time to stop that or regional entities under the suppli­ you calculate the outyears of the pro­ one. I will have much more to say later er's ownership or control. grams which I would curtail, plus in­ on, Madam President, on each one of The bill also provides for more uni­ terest over the next 5 years, it runs these. form national coverage and utilization into tens and tens of billions of dollars. Second, the Trident II missile. Last review requirements, so that Medicare We should always bear in mind year, after Senator SASSER and I stood carriers-the Government contractors around here that when you cut some­ on the floor day after day trying to cut that pay and process claims-are all thing you are not just cutting that all of these things-SDI, space station, following the same rules for determin­ amount, you are also cutting interest super collider and getting our brains ing when an item is medically nec­ on that amount forever. And that is beat out on each vote-we finally got essary, and therefore reimbursable by the big item. · down to the Trident II missile, which Medicare. This should end the practice At a time when the budget deficit has the Navy calls the D-5. We really have of carrier shopping through which this country in crisis, we simply can­ almost enough D-5 missiles right now some suppliers seek out the carriers not continue to fund these large-scale to comply with the START II Treaty. with the least stringent requirements. defense and scientific projects for Reverse the way I said that to say that The Omnibus Budget Reconciliation which there is no economic justifica­ we have enough warheads on Trident Act of 1990 prohibited suppliers from tion or economic payback. II's right now to fully cover all of our 4326 CONGRESSIONAL RECORD-SENATE March 5, 1993 Trident submarines under the START moving missiles from submarines, in Alabama last week who had been II Treaty. I do not know yet what the rather than warheads from missiles, there for 6 years condemned to death. Navy is going to do. we'll need 120 fewer missiles. And if we He was as innocent as a newly ordained The Trident submarine, Madam reduce the flight test rate of the Tri­ nun. So we ought to withhold judgment President, is equipped with 24 missiles dent II by just one test per year-from sometimes. I am not talking about the and each missile has 8 warheads, 192 six to five, and the Air Force tests Min­ bombing case, this is gratuitous infor­ warheads per submarine. The truth of uteman III and MX at three per year­ mation; it does not cost anything the matter is we all know that one sub­ we'll save 20 missiles. And if we phase extra. marine firing 192 warheads could bring out one Trident submarine just 1 year But my point is to continue spending about an apocalypse on this planet, but earlier than planned, then 295 Trident money on SDI when we know that we that is another subject. II missiles is more than enough. Two are still so vulnerable and spend it at My point is, under the START Trea­ hundred and ninety-five is how many the levels we have been spending it is ty, we are going to be allowed multiple we will have based on last year's buy­ just short of insanity. warhead missiles on submarines. But I so we don't need any more. We'll save The Clinton administration has an­ can tell you that if we stop production at least $4 billion, and maybe as much nounced, or at least it has been re­ of the Trident II right now, we will as $15 billion. ported in the press they are going to have 295 and the Navy wants us to So that is the second bill I am intro­ ask for $3.8 billion, which is what we spend up to $16 billion over the next 12 ducing today and let me hasten to say wound up with last year. Incidentally, years to buy 484 more. that my good friend and colleague from Senator SASSER and I did not bomb out The 1994 defense budget that was sub­ Maine, Mr. COHEN, is my chief cospon­ totally last year. We asked for a billion mitted by the Bush administration fi­ sor on the ASRM, the advance solid dollar cut and when the motion was nally began to see the light on this. rocket motor; Senator SASSER is my made to table our amendment, every­ They planned to cut off production in chief cosponsor on the other three. But body was shocked, we prevailed 49 to 1997 at 443 missiles. They agreed with that brings me down to SDI. 43. But then the arm twisting started. the arguments I made last year that we Last year, in debating this thing, We went into the August recess. By the did not need to backfit the first eight Senator SASSER and I discussed at time we came back, some people had Trident subs with the D-5 missiles. length what we wanted to do on SDI. seen the light and we lost by two votes, Those submarines carry what we call We finally agreed to try to cut $1 bil­ and so we compromised on a $500 mil­ the Trident I missile. There is not any lion. The President was asking for $5.4 lion cut. point going back just to keep this as­ billion. The Armed Services Committee Finally, Madam President, on the in­ sembly line open and retrofitting those came out of committee with $4.3 bil­ telligence budget, everybody reads in submarines. We are talking about bil­ lion. We said let us try to cut $1 billion the paper every day how much we lions, Madam President. and make it $3.3 billion. I did not want spend on intelligence everywhere but To go back to where I started a mo­ to do that. I wanted to go to $2 billion. we are not supposed to utter that fig­ ment ago about the efforts of Senator The reason I wanted to go to $2 billion ure on the floor of the Senate. You can SASSER and myself last year to curb is the reason this bill today cuts it to read it in the New York Times and the these programs, when we finally got $2 billion. I did not just pick $2 billion Washington Post but you cannot say it down to the last amendment we had to out of the thin air. One of the greatest on the Senate floor. You get a little ad­ offer, I knew the die was cast. If you military leaders this country ever had, monishment if you do. But I will tell have the chairman of the Armed Serv­ a good friend and I respect highly, Ad­ you one thing, it is billions and billions ices Committee and the chairman of miral Crowe, said $2 billion is more and billions. I will tell you something the Defense Appropriations Sub­ than enough. Here is the guy who was else, 70 percent of it until recently committee both opposing you, you do the chief military officer of the United went to spy on the Soviet Union, which not have to be a brain surgeon to know States for 4 years under Ronald does not exist anymore. what the vote is going to be. Reagan. I do not consider him a flam­ I can tell you that if you watch CNN, So rather than get another 35 votes, ing liberal or a dove, but he knows, you can get all the information that which is about what we were getting on every sensible person knows, that we the intelligence community used to all these, I agreed to the suggestion of have squandered $35 billion on this pro­ tell us up in S-407 in those cloak-and­ my good friend from Hawaii, Senator gram. dagger meetings. CNN will give it to INOUYE, to satisfy myself with a study So this amendment would cut SDI you free. I guarantee you that half the of the issue as to just how many D-5 next year to $2 billion. If we had all the intelligence we get for all of this missiles we do need for the Trident money in the world, it is fine with me, money is being provided as free by CNN submarine. That study is due May 1. I think theater missile defense is a or by aspiring reporters. The Navy, I can tell you now, I have major part of that program now and I I am asking for a 4-percent cut in the not seen the report and have not talked think it is relevant. But the point I intelligence budget. Senator DECON­ to anybody, but the Navy will come in have argued for 5 years about this pro­ CINI, who chairs the Intelligence Com­ here with a report which says many of gram is we spend all these hundreds of mittee this year, I have not talked to the things that I said in the debate last billions of dollars developing a missile him about it, my guess is that they year and that they are, indeed, willing defense and some guy who is about will come up with some kind of a cut. now to look at it again in light of the half-illiterate plants a half a ton of dy­ I am not really very happy with what I START II Treaty and so on because it namite at the bottom of the World am asking intelligence to be cut. I do has now been signed. Trade Center and if he had a nuclear not think 4 percent is nearly enough, But I can tell you that what they are device it would have been the same but that is what I am going to start going to do, is they are going to come thing only greater destruction. out with because that is what the Con­ in here and say let us put 24 missiles on SDI will not protect the United gressional Budget Office has said would each submarine but we will only put 4 States against bombers, will not pro­ probably be a correct figure. warheads on each missile-anything, tect us against cruise missiles or any­ I can tell you one thing, the intel­ not for strategic planning but to keep thing less than goes into the strato­ ligence community will not suffer, our the production line open. This is an ex­ sphere and it certainly is not going to information will not suffer if we save pensive program, Madam President. We protect us against terrorists like the $1.26 billion there. are not talking about beanbags when guy in New York. I am not condemn­ So, Madam President, the President you talk about these D-5 missiles. ing, I do not know whether he is guilty is not going to get all the cuts he has They are $30 million each. or not. I am an old trial lawyer and I asked for. Nobody here is naive enough But 443 missiles is still too much. If do not condemn people until I hear the to believe that he will. He may not we take our START reductions by re- evidence. I saw a man got out of prison even get half of them. I do not know March 5, 1993 CONGRESSIONAL RECORD-SENATE 4327 what the percentage is, but we now SECTION I. SHORT TITLE. (b) LIMITED EXCEPTION FOR TERMINATION know that CBO says his figures are off. This Act may be cited as the "Deficit Re­ CosTs.-Subsection (a) does not apply to ex­ I see the Senator from New Mexico. duction Through Intelligence Programs Re­ penditures, not in excess of $90,000,000, solely He thinks they are further off than duction Act of 1993" . for termination of the Trident II ballistic CBO's. I do not know who is right SEC. 2. FINDINGS. missile program. about it, but I know one thing, I do not Congress finds that- care who is right and who is wrong. (1) the Federal budget deficit has grown to s. 520 Reaching some kind of a total cut is a such an extent that it poses a serious Be it enacted by the Senate and House of Rep­ short, medium, and long-term threat to the resentatives of the United States of America in laudable goal, but to set that as the health of the United States economy; Congress assembled, goal and still allow wasteful spending (2) gross interest costs now exceed defense SECTION 1. SHORT TITLE. to lie on the table untouched is unac­ expenditures in the Federal budget and are This Act may be cited as the "Deficit Re­ ceptable to me. The Republicans say one of the fastest growing components in the duction Through Advanced Solid Rocket they want to exceed his spending cuts. Federal budget; Motor Termination Act of 1993". Here are some of my Republican col­ (3) the American people are demanding se­ SEC. 2. FINDINGS. leagues now this year joining me in rious and fundamental changes in the Fed­ The Congress finds that- these cuts. I think there will be other eral Government's management of spending (1) the Federal budget deficit has grown to Republicans joining this year for the priorities and over-all fiscal stewardship; such an extent that it poses a serious (4) programs that are not absolutely nec­ short-, medium-, and long-term threat to the first time in these cuts. I am hoping essary to the health and well-being of the that in light of the new, totally new, health of the United States economy; American people must be closely scrutinized (2) the gross interest costs on the National political aura of this country that peo­ for possible funding reduction or elimi­ ple will really do some soul searching debt now exceed defense expenditures in the nation; Federal budget and are one of the fastest­ that they have not done before about (5) the end of the Cold War allows the Unit­ growing components in the Federal budget; the condition of our country, where we ed States to safely make cuts in intelligence (3) the American people are demanding se­ are going to cut, how much we are programs that had as their chief focus the rious and fundamental changes in the Fed­ going to cut and try to salvage some­ military threat posed by the Soviet Union; eral Government's management of spending thing for our future. and priorities and overall fiscal stewardship; I ask unanimous consent that imme­ (6) a reduction of $1,260,000,000 in intel­ (4) Federal Government programs that are diately following my remarks, the four ligence programs would leave adequate funds not absolutely necessary to the health and for intelligence protection in this post-Cold well-being of the American people must be bills I am introducing be printed in the War era. RECORD. closely scrutinized for possible funding re­ SEC. 3. REDUCTION OF THE DEFICIT. duction or elimination; There being no objection, the bills Funds appropriated to carry out the activi­ were ordered to be printed in the (5) the Advanced Solid Rocket Motor (here­ ties of the intelligence community for fiscal after in this Act referred to as the "ASRM") RECORD, as follows: year 1994 may not exceed an amount equal to program has not been sought by the National S. 517 the amount appropriated to carry out such Aeronautics and Space Administration Be it enacted by the Senate and House of Rep­ activities for fiscal year 1993, minus (hereafter in this Act referred to as resentatives of the United States of America in $1,260,000,000. " NASA"); Congress assembled, SEC. 4. DEFINmON. (6) the National Research Council and the SECTION 1. FINDINGS. For purposes of this Act, the term "intel­ Aerospace Safety Advisory Panel have con­ Congress makes the following findings: ligence community" has the meaning given cluded that the ASRM program involves high (1) Federal budget deficits have grown to that term in section 3(4) of the National Se­ technical and programmatic risks and should such an extent as to pose a serious short­ curity Act of 1947. be reconsidered; term, medium-term, and long-term threat to (7) the cost estimates of the ASRM pro­ the health of the United States economy. s. 519 gram have doubled in the past 5 years, and (2) The gross cost of interest payments on Be it enacted by the Senate and House of Rep­ the program has fallen more than 4 years be­ the public debt of the United States now ex­ resentatives of the United States of America in hind schedule; and ceeds defense expenditures in the Federal Congress assembled, (8) termination of the ASRM program budget and is one of the fastest growing com­ SECTION I. FINDINGS. could save the Federal Government several ponents in the Federal budget. billion dollars. (3) The American people are demanding se­ Congress makes the following findings: (1) Federal budget deficits have grown to SEC. 3. TERMINATION OF THE ADVANCED SOLID rious and fundamental changes in the Fed­ ROCKET MOTOR PROGRAM. eral Government's management of spending such an extent as to pose a serious short­ term, medium-term, and long-term threat to (a) PROHIBITION.- Effective 90 days after priorities and over-all fiscal stewardship. the date of enactment of this section, no ap­ (4) Programs that are not absolutely nec­ the health of the United States economy. (2) The gross cost of interest payments on propriated funds shall be available for use on essary to the health and well-being of the the ASRM program. American people must be closely scrutinized the public debt of the United States now ex­ ceeds defense expenditures in the Federal (b) EXCEPTION.-Notwithstanding the pro­ for possible funding reduction or elimi­ visions of subsection (a), not to exceed nation. budget and is one of the fastest growing com­ ponents in the Federal budget. $50,000,000 of such funds referred to in sub­ (5) The end of the Cold War allows the section (c) may be used in terminating the United States safely to reduce expenditures (3) The American people are demanding se­ rious and fundamental changes in the Fed­ ASRM program. for defense programs and related programs (c) UNEXPENDED FUNDS.-Any funds appro­ that had as their original or primary focus eral Government's management of spending priorities and overall fiscal stewardship. priated for use on the ASRM program that the military threat posed by the Soviet remain unobligated and unexpended 90 days Union. (4) Programs that are not absolutely nec­ essary to the health and well-being of the after the date of enactment of this section (6) The President is requesting $3,800,000,000 shall be credited to the general revenues of for the Strategic Defense Initiative for fiscal American people must be closely scrutinized the United States Treasury. year 1994. for possible funding reduction or elimi­ (7) A reduction of $1,800,000,000 below that nation. By Mr. McCAIN (for himself, Mr. amount would preserve a realistic program (5) Terminating the Trident II ballistic missile program would save $1,300,000,000 in INOUYE, and Mr. CAMPBELL): for strategic defense of the United States. S. 521. A bill to assist the develop­ SEC 2. LIMITATION ON AUTHORIZATION OF AP· fiscal year 1994 and as much as $15,000,000,000 PROPRIATIONS FOR THE STRATEGIC during the 15 fiscal years following fiscal ment of tribal judicial systems, and for DEFENSE INITIATIVE FOR FISCAL year 1993. other purposes; to the Committee on YEAR I994. SEC. 2. PROHffiiTION ON FURTHER FUNDING OF Indian Affairs. Not more than $2,000,000,000 may be author­ THE TRIDENT II MISSILE PROGRAM. THE INDIAN TRIBAL JUSTICE ACT ized to be appropriated for fiscal year 1994 for (a) PROHIBITION ON USE OF FUNDS.-Except the Strategic Defense Initiative. as provided in subsection (b), funds appro­ • Mr. McCAIN. Mr. President, today I priated on or after the date of the enactment am introducing the Indian Tribal Jus­ s. 518 of this Act to or for the use of the Depart­ tice Act for the purpose of promoting a Be it enacted by the Senate and House of Rep­ ment of Defense may not be obligated or ex­ constructive dialog on providing tribal resentatives of the United States of America in pended for the Trident II ballistic missile courts with additional Federal assist­ Congress assembled, program. ance. I am pleased that the distin- 4328 CONGRESSIONAL RECORD-SENATE March 5, 1993 guished chairman of the Indian Affairs sources necessary to begin to improve lower courts, appellate courts, alternative Committee, Senator INOUYE, and Sen­ tribal justice systems in the 1994 fiscal dispute resolution systems, and circuit rider ator CAMPBELL have joined with me as year. systems, established by inherent tribal au­ cosponsors of this bill. I ask unanimous consent that the In­ thority whether or not they constitute a The Indian Tribal Justice Act pro­ dian Tribal Justice Act be printed in court of record, and the employees thereof. vides for the establishment of the Of­ the RECORD immediately following my TITLE II-TRIBAL JUSTICE SYSTEMS fice of Tribal Justice Support in the remarks. SEC. 201. OFFICE OF TRIBAL JUSTICE SUPPORT. There being no objection, the bill was (a) ESTABLISHMENT.-There is hereby es­ Bureau of Indian Affairs to perform the tablished within the Bureau the Office of functions of the branch of judicial serv­ ordered to be printed in the RECORD, as Tribal Justice Support. The purpose of the ices and to carry out the purposes of follows: Office shall be to further the development, the act. The office would have the re­ s. 521 operation, and enhancement of tribal justice sources and authority to assist tribes Be it enacted by the Senate and House of Rep­ systems. in the development of all aspects of resentatives of the United States of America in (b) TRANSFER OF EXISTING FUNCTIONS AND tribal justice systems, either directly, Congress assembled, PERSONNEL.-All functions performed before or through grants and contracts. The TITLE I-GENERAL PROVISIONS the date of the enactment of this Act by the Branch of Judicial Services of the Bureau office would also serve as a clearing­ SEC. 101. SHORT TITLE. and all personnel assigned to such Branch as house for information on tribal judicial This Act may be cited as the "Indian Trib­ of the date of the enactment of this Act are systems and conduct an annual survey al Justice Act" . hereby transferred to the Office of Tribal of the resource needs of tribal justice SEC. 102. FINDINGS. Justice Support. Any reference in any law, systems. Pursuant to the Indian Self­ The Congress finds and declares that- regulation, executive order, reorganization (1) there is a government-to-government plan, or delegation of authority to the Determination and Education Assist­ relationship between the United States and ance Act, the Secretary of the Interior Branch of Judicial Services is deemed to be each Indian tribe; a reference to the Office of Tribal Justice would be authorized to enter into (2) Congress, through statutes, treaties, Support. grants or contracts with Indian tribes and the exercise of administrative authori­ (c) FUNCTIONS.-Except as otherwise pro­ to provide for the development and ties, has recognized the self-determination, vided in title III, in addition to the functions continuing operation of tribal justice self-reliance, and inherent sovereignty of In­ transferred to the Office pursuant to sub­ systems. dian tribes; section (b), the Office shall perform the fol­ Many tribes have expressed an inter­ (3) Indian tribes possess the inherent au­ lowing functions: thority to establish their own form of gov­ (1) Provide funds to Indian tribes and trib­ est in forming tribal judicial con­ ernment, including tribal justice systems; ferences to perform all or part of the al organizations for the development, en­ (4) tribal justice systems are essential to hancement, and continuing operation of trib­ functions of the branch of judicial serv­ self-government and integral to the fulfill­ al justice systems. ices. The Indian Tribal Justice Act ment of the Federal Government's policy of (2) Provide technical assistance and train­ would authorize the Secretary of the self-determination; ing to Indian tribes and tribal organizations Interior to treat such conferences as (5) tribal justice systems are inadequately upon request. tribal organizations and to enter into funded and the lack of adequate funding im­ (3) Study and conduct research concerning grants or contracts with them pursu­ pairs their ability to administer justice ef­ the operation of tribal justice systems. ant to the Indian Self-Determination fectively; and (4) Promote cooperation and coordination (6) tribal government involvement in and between tribal justice systems, the Federal and Education Assistance Act. commitment to improving tribal justice sys­ Mr. President, it has now been more judiciary, and State judiciary systems. tems is essential to the accomplishment of (5) Oversee the continuing operations of than 5 years since I first met with a the goals of this Act. the Courts of Indian Offenses. group of tribal court judges at Arizona SEC. 103. DEFINITIONS. (d) ASSISTANCE TO TRIBES.-(1) The Office State University to hear about the For purposes of this Act: shall provide training and technical assist­ needs of tribal judicial systems. During (1 ) The term " Bureau" means the Bureau ance to any Indian tribe or tribal organiza­ that meeting, I became convinced of of Indian Affairs of the Department of the tion upon request. Technical assistance and the necessity for legislation aimed at Interior. training which may be provided by the Office strengthening tribal justice systems. (2) The term " Courts of Indian Offenses" shall include, but is not limited to, assist­ means the courts established pursuant to ance for the development of- In the intervening years the Select part 11 of title 25, Code of Federal Regula­ (A) tribal codes and rules of procedure; Committee on Indian Affairs has held tions. (B) tribal court administrative procedures several hearings on the resource needs (3) The term " Indian tribe·" means any In­ and court records management $YStems; of tribal courts. In the last Congress dian tribe, band, nation, pueblo, or other or­ (C ) methods of reducing case delays; both the House and the Senate passed ganized group or community, including any (D) methods of alternative dispute resolu­ different versions of comprehensive Alaska Native entity, which administers jus­ t ion; legislation intended to assist tribal t ice under the authority of the United States (E) tribal standards for judicial adminis­ courts. The administration opposed or the inherent authority of the native en­ tration and conduct; and tity and which is recognized as eligible for (F) long-range plans for the enhancement both bills. Indian tribes were divided in the special programs and services provided of tribal justice systems. their support for the two bills. Unfor­ by the United States to Indian tribes because (2) Technical assistance and training pro­ tunately we were unable to reconcile of their status as Indians. vided pursuant to paragraph (1 ) may be pro­ the bills prior to adjournment. (4) The term " judicial personnel" means vided through direct services, by contract The bill I am introducing today at­ any judge, magistrate, court counselor, with independent entities, or through grants tempts to find some common ground court clerk, court administrator, bailiff, pro­ to Indian tribes and tribal organizations. between the bills which were passed bation officer, officer of the court, dispute (e) INFORMATION CLEARINGHOUSE ON TRIBAL last year. In this regard, I suspect that resolution facilitator, or other official, em­ JUSTICE SYSTEMS.- The Office shall establish ployee, or volunteer within the tribal justice an information clearinghouse (which shall this bill will leave just about everyone system. include an electronic data base) on tribal somewhat unsatisfied. However, I be­ (5) The term " Office" means the Office of justice systems, including, but not limited lieve that it is very important that we Tribal Justice Support within the Bureau of to, information on tribal judicial personnel, continue to try to enact legislation to Indian Affairs. funding, model tribal codes, tribal justice ac­ strengthen tribal courts. I hope that (6) The term " Secretary" means the Sec­ ~ ivities, and tribal judicial decisions. The Of­ this bill will serve to focus the discus­ retary of the Interior. fice shall take such action as may be nec­ sion by all interested parties and that (7) The term " tribal organization" means essary to ensure the confidentiality of per­ we can move promptly to enactment any organization defined in section 4(c) of sonnel records, case records, and other mat­ ters involving the privacy of individuals. this year. If we can reach agreement the Indian Self-Determination and Edu­ cation Assistance Act. SEC. 202. SURVEY OF TRIBAL JUDICIAL SYSTEMS. early in this session of the Congress, (8) The term " tribal justice system" means (a) IN GENERAL.-Not later than one year then all interested parties will be able the entire judicial branch of an Indian tribe, after the date of the enactment of this Act, to turn their attention to the real task including but not limited to traditional the Secretary, in consultation with affected at hand-acquiring the financial re- methods and forums for dispute resolution, Indian tribes, shall enter into a contract March 5, 1993 CONGRESSIONAL RECORD-SENATE 4329 with a non-Federal entity to conduct a sur­ and projects, including programs and TITLE IV-AUTHORIZATIONS vey of conditions of tribal justice systems projects for- SEC. 401. TRIBAL JUSTICE SYSTEMS. and Courts of Indian Offenses to determine (A) alternative dispute resolution; (a) OFFICE.-There are authorized to be ap­ the resources and funding needed to provide (B) tribal victims assistance or victims propriated to carry out the provisions of sec­ for expeditious and effective administration services; tions 201, 202, and 301(a) of this Act, $7,000,000 of justice. The Secretary, in like manner, (C) tribal probation services or diversion for each of the fiscal years 1994, 1995, 1996, shall annually update the information and programs; 1997, 1998, 1999, and 2000. findings contained in the survey required (D) multidisciplinary investigations of (b) BASE SUPPORT FUNDING FOR TRIDAL under this section. child abuse; and JUSTICE SYSTEMS AND JUDICIAL CON­ (b) LOCAL CONDITIONS.-In the course of (E) tribal traditional justice systems or FERENCES.-There are authorized to be ap­ any annual survey, the non-Federal entity traditional methods of dispute resolution. propriated to carry out the provisions of sec­ shall document local conditions on each res­ (C) FORMULA.-(1) Not later than 180 days tion 203 of this Act, $50,000,000 for each of the ervation, including, but not limited to- after the date of the enactment of this Act, fiscal years 1994, 1995, 1996, 1997, 1998, 1999, (1 ) the reservation size and population to the Secretary, with the full participation of and 2000. be served; Indian tribes, shall establish and promulgate (C) ADMINISTRATIVE EXPENSES FOR OF­ (2) the levels of functioning and capacity of by regulation, a formula which establishes FICE.-There are authorized to be appro­ the tribal justice system; base support funding for tribal justice sys­ priated, for the administrative expenses of (3) the volume and complexity of the case tems in carrying out this section. the Office, $500,000 for each of the fiscal years loads; (2) The Secretary shall develop appropriate 1994, 1995, 1996, 1997, 1998, 1999, and 2000. (4) the facilities, including detention facili­ case load and staffing criteria for tribal jus­ (d) ADMINISTRATIVE EXPENSES FOR TRIDAL ties, and program resources available; tice systems that take into account unique JUDICIAL CONFERENCES.-There are author­ (5) funding levels and personnel staffing re­ reservation conditions. In the development ized to be appropriated, for the administra­ quirements for the tribal justice system; and of these criteria, the Secretary shall consult tive expenses of tribal judicial conferences, (6) the training and technical assistance with Indian tribes and tribal organizations $500,000 for each of the fiscal years 1994, 1995, needs of the tribal justice system. and shall refer to comparable relevant cri­ 1996, 1997, 1998, 1999, and 2000. (c) CONSULTATION WITH INDIAN TRIBES.­ teria developed by the Judicial Conference of (e) SURVEY.-For carrying out the survey The non-Federal entity shall actively con­ the United States, the National Center for under section 202, there is authorized to be sult with Indian tribes and tribal organiza­ State Courts, and the American Bar Associa­ appropriated, in addition to the amount au­ tions in the development of the survey, in­ tion. thorized under subsection (a) of this section, cluding updates thereof, of conditions of (3) Factors to be considered in the develop­ $400,000. tribal justice systems. Indian tribes and trib­ ment of the base support funding formula (f) No OFFSET.-No Federal agency shall al organizations shall have the opportunity shall include, but are not limited to- offset funds made available pursuant to this to review and make recommendations re­ (A) the case load and staffing criteria de­ Act for tribal justice systems against funds garding the findings of the survey, including veloped under this paragraph; otherwise made available for or in connec­ updates thereof, prior to final publication of (B) the reservation size and population to tion with tribal justice systems. the survey, or any update thereof. After In­ be served; (g) ALLOCATION OF FUNDS.-In allocating dian tribes and tribal organizations have re­ (C) the volume and complexity of the case funds appropriated pursuant to the author­ viewed and commented on the results of the loads; ization contained in subsection (a) of this survey, or any update thereof, the non-Fed­ (D) the projected number of cases per section among the Bureau, Office, tribal gov­ eral entity shall report its findings, together month; ernments, and tribal judicial conferences, with the comments and recommendations of (E) the projected number of persons receiv­ the Secretary shall take such action as may the Indian tribes and tribal organizations, to ing probation services or participating in di­ be necessary to ensure that such allocation the Secretary, the Committee on Indian Af­ version programs; and is carried out in a manner that is fair and eq­ fairs of the Senate, and the Subcommittee (F) any special circumstances warranting uitable, and is proportionate to base support on Native American Affairs of the Commit­ additional financial assistance. funding under section 203 received by the Bu­ tee on Natural Resources of the House of (4) In developing the formula for base sup­ reau, Office, tribal governments, and tribal Represen ta ti ves. port funding for tribal judicial systems government members comprising a judicial SEC. 203. BASE SUPPORT FUNDING FOR TRIBAL under this section, the Secretary shall en­ conference. JUSTICE SYSTEMS. sure equitable distribution of funds. TITLE V-DISCLAIMERS (a) IN GENERAL.-Pursuant to the Indian TITLE III-TRIBAL JUDICIAL SEC. 501. TRIBAL AUTHORITY. Self-Determination and Education Assist­ CONFERENCES Nothing in this Act shall be construed to­ ance Act, the Secretary is authorized to SEC. 301. ESTABLISHMENT; FUNDING. enter into contracts, grants, or agreements (1) encroach upon or diminish in any way (a) ESTABLISHMENT.-In any case in which the inherent sovereign authority of each with Indian tribes and tribal organizations, two or more governing bodies of Indian for the development, enhancement, and con­ tribal government to determine the role of tribes establish a regional or national judi­ the tribal court within the tribal govern­ tinuing operation of tribal justice systems cial conference, such conference shall be con­ on Indian reservations. ment or to enact and enforce tribal laws; sidered a tribal organization and eligible to (2) diminish in any way the authority of (b) PURPOSES FOR WHICH FINANCIAL ASSIST­ contract for funds under this title, if each ANCE MAY BE USED.-Financial assistance tribal governments to appoint personnel; member tribe served by the conference has (3) impair the rights of each tribal govern­ provided through contracts, grants, or agree­ adopted a tribal resolution which authorizes ments entered into pursuant to this section ment to determine the nature of its own the tribal judicial conference to receive and legal system or the apportionment of author­ may be used for- administer funds under this title. At the (1) planning for the development, enhance­ ity within the tribal government; written request of any tribal judicial con­ (4) alter in any way traditional dispute res­ ment, and operation of tribal justice sys­ ference, a contract entered into pursuant to tems; olution forum; this title shall authorize the conference to (5) imply that any tribal court is an instru­ (2) the employment of judicial personnel; receive funds and perform any or all of the (3) training programs and continuing edu­ mentality of the United States; or duties of the Bureau and the Office under (6) diminish the trust responsibility of the cation for tribal judicial personnel; sections 201 and 202 of this Act on behalf of United States to Indian tribal governments (4) the acquisition, development, and main­ the members of such conference. tenance of a law library or computer assisted (b) CONTRACT AUTHORITY.-Pursuant to the and tribal court systems of such govern­ legal research capacities; Indian Self-Determination and Education ments. (5) the development, revision, and publica­ Assistance Act, the Secretary is authorized SEC. 502. INDIAN PRIORITY SYSTEM. tion of tribal codes, rules of practice, rules of to enter into contracts, grants, or agree­ Nothing in this Act shall affect the eligi­ procedure, and standards of judicial perform­ ments with a tribal judicial conference for bility of a tribal government to receive fund­ ance and conduct; the development, enhancement, and continu­ ing through the Indian priority system of (6) the development and operation of ing operation of tribal justice systems of In­ the Bureau for support of the tribe's court records management systems; dian tribes which are members of such con­ system.• (7) the construction or renovation of facili­ ference. • Mr. INOUYE. Mr. President, I am ties for tribal justice systems; (c) FUNDING.-The Secretary is authorized pleased today to join with my distin­ (8) membership and related expenses for to provide funding to tribal judicial con­ guished colleague from Arizona, JOHN participation in national and regional orga­ ferences pursuant to contracts entered into nizations of tribal justice systems and other under the authority of the Indian Self-Deter­ McCAIN, vice chairman of the Commit­ professional organizations; and mination and Education Assistance Act for tee on Indian Affairs, in introducing a (9) the development and operation of other administrative expenses incurred by such bill to provide for the enhancement of innovative and culturally relevant programs conferences. Indian tribal judicial systems. 4330 CONGRESSIONAL RECORD-SENATE March 5, 1993 I commend the vice chairman for his cal subdivisions of States for environ­ There being no objection, the mate­ leadership in this area. This issue has mental testing and characterization in rial was ordered to be printed in the proven to be an extremely difficult enterprise zones, and for other pur­ RECORD, as follows: matter on which to secure a consensus. poses; to the Committee on Environ­ s. 522 For 5 years now, the Committees on In­ ment and Public Works. Be it enacted by the Senate and House of Rep­ dian Affairs in the House and Senate ENTERPRISE ZONE ENVIRONMENTAL resentatives of the United States of America in have worked with tribal government RESTORATION ACT OF 1993 Congress assembled, leaders and tribal judges in an effort to • Mr. WOFFORD. Mr. President, today SECTION 1. SHORT TITLE. identify how best to increase Federal This Act may be cited as the "Enterprise I am introducing the Enterprise Zone Zone Environmental Restoration Act of resources to tribal court systems and Environment Restoration Act of 1993 in to assure greater tribal involvement in 1993". order to ease the development of enter­ SEC. 2. DEFINITIONS. the formulation of Federal policy that prise zones through quicker character­ As used in this Act: affects tribal judicial .systems and the ization of potential environmental (1) ADMINISTRATOR.-The term "Adminis­ programs that are designed to support problems. As the Nation needs to de­ trator" means the Administrator of the En­ the operations of tribal courts. velop enterprise zones so that eco­ vironmental Protection Agency. We all acknowledge that tribal nomic opportunities become available (2) IMPACTED SITE.-The term "impacted courts are essential to the exercise of to Americans who need them now, po­ site" means- governmental sovereignty by Indian (A) an area that has been designated as an tential environmental obstacles can enterprise zone pursuant to section 701 of the tribal governments through tribal impede a community's economic revi­ laws, as well as in carrying out duties Housing and Community Development Act of talization. 1987 (42 U.S.C. 11501); or and functions imposed by Federal law This legislation enables municipali­ (B) an area that receives a similar designa­ and statutes. In 1968, the Congress en­ ties and other government entities to tion under any other Federal law. acted the Indian Civil Rights Act, receive Environmental Protection (3) SECRETARY.-The term "Secretary" granting to citizens who come before Agency funding for environmental test­ means the Secretary of Housing and Urban tribal courts similar guarantees as ing and characterization of property Development. those provided in the Bill of Rights to that they own in an enterprise zone. SEC. 2. GRANT PROGRAM. citizens who come before State and (a) IN GENERAL.-The Administrator, in The Enterprise Zone Environmental consultation with the Secretary, shall estab­ Federal courts. In addition, the Con­ Enhancement Act of 1993 authorizes gress has enacted statutes like the In­ lish a grant program to award grants for en­ the Environmental Protection Agency vironmental testing and characterization on dian Child Welfare Act, the Indian Administrator, in consultation with land owned by municipalities or other politi­ Housing Program, and many environ­ the Secretary of Housing and Urban cal subdivisions of States that the Adminis­ mental statutes that impose respon­ Development, to establish a grant pro­ trator determines to be appropriate. Subject sibilities on tribal courts. Sadly, how­ gram to provide funds to municipali­ to the availability of funds, the Adminis­ ever, I must advise my colleagues that ties and other government entities. trator shall award a grant to any municipal­ we have been derelict in our duty to ity (or other political subdivision of a State These public entities, from big city that the Administrator determines to be ap­ provide funds to support the tribal governments to community develop­ courts in the exercise of these added propriate) that submits an approved applica­ ment corporations, can then determine tion concerning environmental testing and duties and responsibilities. what environmental problems exist on characterization for an impacted site. Mr. President, in the last session of their enterprise zone sites and then ad­ (b) ADMINISTRATION OF GRANT PROGRAM.­ the Congress, we came very close to en­ dress those problems in a rational, log­ The Administrator, in consultation with the acting a bill that would provide needed ical manner. Secretary. shall promulgate such regulations as are necessary to carry out the grant pro­ support to tribal court systems for sal­ These problems exist in Pennsylvania aries, for training, for automatic data gram established under subsection (a). In processing equipment, for facilities im­ and can impede economic growth. promulgating the regulations, the Adminis­ provement and repair, for improved de­ From smaller communities in the trator shall- Monongahela Valley through middle (1) determine which activities constitute tention and parole systems, and for the sized cities like York to large ones like environmental testing and characterization; development of tribal law and order Philadelphia environmental character­ (2) establish a procedure for the submission codes and codes of judicial conduct and ization is needed before economic de­ and approval of an application for a grant; responsibility. While it is unfortunate velopment can begin. and that because of time constraints and (3) establish criteria for approving a grant administration opposition, the House Environmental testing and charac­ application, including, to the extent known, and Senate were unable to reach agree­ terization need to take place at the be­ consideration of- ment on a measure in the 102d Con­ ginning of the process before further (A) the potential environmental and development can increase the costs of human health risks posed by the area to be gress, I believe that the groundwork characterized; has been laid for our expeditious action remediation. Enterprise zones can be located in areas where industrial and (B) the availability of other sources of to support the needs of tribal courts. funding to perform the environmental test­ I am pleased to serve as an original commercial activities have occurred ing and characterization in the absence of cosponsor of this important legislation for many years, if not centuries. These funding from a grant under this Act; and look forward to working with Vice areas created past prosperity but also (C) the economic benefits that would flow Chairman McCAIN, other members of absorbed ·wastes from basic industry from the development of the area; the Committee on Indian Affairs, and and manufacturing firms. The environ­ (D) the minimization of any economic ben­ mental legacy at such sites can present efit to parties liable for response actions at our colleagues in the Senate and the area; and House, to fashion a measure that will serious problems to enterprise zone de­ velopment. (E) other factors that the Administrator meet the significant need for tribal determines to be appropriate. court resources in Indian country. It is I believe that giving municipalities (c) STATE GRANT PROGRAM.-The Adminis­ my hope that we can enact a measure and other public entities the ability to trator may, in consultation with the Sec­ in sufficient time to assure that the find potential environmental obstacles retary, authorize the Governor of a State to 1994 appropriations acts will begin to on their property is an important step carry out a State grant program to award provide adequate resources for tribal in community redevelopment. grants to carry out the purposes of this Act. judicial systems.• Mr. President, I ask unanimous con­ The Administrator may promulgate such sent that the bill and letters of support regulations as may be necessary to carry out this subsection. By Mr. WOFFORD: from York Mayor William Althaus, (d) REPAYMENT.­ S. 522. A bill to authorize the Admin­ Philadelphia Mayor Ed Rendell, and (1) IN GENERAL.- istrator of the Environmental Protec­ Pittsburgh Mayor Sophie Masloff be (A) PAYMENT.-Subject to subparagraph tion Agency to award grants to politi- printed in the RECORD. (B), the recipient of a grant under this sec- March 5, 1993 CONGRESSIONAL RECORD-SENATE 4331 tion must, as a condition to rece1vmg a CITY OF PHILADELPHIA, P A, English colonies and now in Fayette grant award under this section, enter into an February 4, 1993. County, PA, marked the first battle of agreement with the Administrator that Senator HARRIS WOFFORD, the French and Indian War. The Vir­ states that the recipient of the grant shall Russell Senate Office Building, ginians were under the command of a pay to the Administrator the net proceeds Washington, DC. resulting from any transfer, lease, develop­ DEAR SENATOR WOFFORD: The City of 22-year-old colonel, George Washing­ ment, or conveyance of all or part of the Philadelphia strongly supports legislation ton, who had ordered the fort built in area that is the subject of the grant. authorizing the Environmental Protection anticipation of the French attack. (B) TOTAL PAYMENT.-The total amount of Agency (EPA) to award grants for environ­ Several weeks earlier on May 27, 1754, payments made by a grant recipient under mental testing in Enterprise Zones. Washington surprised a small French this subsection shall not exceed an amount A crucial component in the successful revi­ force in a short skirmish some 7 miles equal to the sum of- talization of many of our City's neighbor­ from the future Fort Necessity site. (i) the amount of the grant; and hoods is the ability to assemble real estate The site is now know as Jumonville (ii) any accrued interest (as determined for business development. A Bill like the one pursuant to paragraph (2)). you have proposed will enable the City of Glen, named after French commander (2) lNTEREST.-The interest payable under Philadelphia to ensure that sites identified Joseph Coulon de Villiers, Sieur de this section shall accrue at the same rate as for projects don't have unexpected hazards Jumonville. That skirmish on the colo­ is specified for interest earned pursuant to and costs. This type of EPA resource is par­ nial frontier began, in Francis section 107(a) of the Comprehensive Environ­ ticularly important in assessing the condi­ Parkman's words, "the war that set mental Response, Compensation, and Liabil­ tion of older industrial locations. the world on fire." Control for North ity Act of 1980 (42 U.S.C. 9607(a)). We look forward to the enactment of this America would spread in a war that (3) SCHEDULE FOR PAYMENT.-A payment re­ new initiative. ranged over two continents and lasted quired under paragraph (1) from the net pro­ If you need any further support or assist­ ceeds of any transfer, lease, development, or ance from our office related to this or other until 1763 when the Treaty of Paris conveyance shall be paid not later than 30 economic development issues, please don't gave Great Britain control of the days after the recipient of the grant receives hesitate to contact us. former French colonies. the net proceeds. Sincerely, After Washington's 1754 defeat at (e) EVALUATION AND REPORT.- EDWARD G. RENDELL, Fort Necessity, British and Colonial (1) EVALUATION.-Not later than December Mayor. forces under General Edward Braddock 31, 1994, the Administrator, in consultation attempted to take Fort Duquesne from with the Secretary, shall conduct an evalua­ CITY OF PITTSBURGH, P A, the French a year later. Braddock, too, tion of the grant program under this section. February 2, 1993. met defeat and his forces retreated to The evaluation shall be based on information Hon. HARRIS WOFFORD, available at the time of the evaluation. The Russell Senate Office Building, Dunbar's camp at the site of Administrator shall require that, as a condi­ Washington, DC. Jumonville Glen, where they destroyed tion to receiving a grant under this section, DEAR SENATOR WOFFORD: I am writing in or buried large quantities of supplies. each grant recipient must submit data indi­ support of your proposed Enterprise Zone The legislation I am introducing cating the actual cost, benefits, sources, and Environmental Restoration Act of 1993. Such today with Senator SPECTER expands use of all funds associated with the environ­ a law would help to ease the burden on local the boundaries of Fort Necessity Na­ mental testing and characterization of the government as it attempts to address envi­ tional Battlefield to include the area area that is the subject of the grant award. ronmental quality questions surrounding the where the British and Colonial forces (2) REPORT.-On completion of the evalua­ reuse of many potential urban development buried their supplies in 1755. The site tion referred to in paragraph (1), but not sites. later than December 31, 1994, the Adminis­ As you know, the anticipation of environ­ offers rich opportunities for archae­ trator shall submit a report to Congress that mental clean-up problems on many potential ological inquiry into the operations of describes the findings and recommendations urban development sites have sometimes the British and Colonial forces during of the Administrator. made it difficult for state and local govern­ the French and Indian War. The poten­ SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ments to pursue economic development tial resources at the Dunbar's campsite There are authorized to be appropriated strategies successfully with respect to those can enrich and educate us on early such sums as may be necessary for each of sites. Private developers have tended to shy American history and the role of the the fiscal years 1993, 1994, 1995, and 1996 to away from some of the older, urban sites carry out the purposes of this Act. that may have had multiple industrial uses French and Indian War in the develop­ over the years. Some development experts ment of the frontier. Similar legisla­ THE CITY OF YORK, P A, have said that there must be public sector tion providing for archaeological study February 2, 1993. involvement in the environmental restora­ passed the House during the last Con­ Hon. HARRIS WOFFORD, tion of those potential development sites if gress. By protecting the Nation's past Russell Senate Office Building, they are ever going to be developed by pri­ through legislation like this we can Washington, DC. vate sector investors. DEAR SENATOR WOFFORD: Thank you very learn lessons that will enlighten now I applaud the leadership that you have and in the future. much for sharing the bill entitled, "Enter­ shown on this issue. Please feel free to con­ prise Zone Environmental Restoration Act of tact Dave Farley of my staff at (412) 255-U774 I ask unanimous consent that a copy 1993" with me. My staff and I have reviewed if there is any further information or assist­ of the bill be printed in the RECORD. this bill and commend you for your interest ance that the City of Pittsburgh can provide. There being no objection, the bill was in introducing it. Sincerely, ordered to be printed in the RECORD, as As you know, many cities like York have SOPHIE MASLOFF, follows: potential development sites that were at one time occupied by manufacturing plants. Mayor.• s. 523 Many of these sites have environmental Be it enacted by the Senate and House of Rep­ problems. Passage of this bill would allow us By Mr. WOFFORD (for himself resentatives of the United States of America in to examine potential sites with the grant as­ and Mr. SPECTER): Congress assembled, sistance offered. We probably would not oth­ S. 523. A bill to expand the Fort Ne­ SECTION 1. BOUNDARIES OF FORT NECESSITY erwise be able to afford the environmental cessity National Battlefield, and for NATIONAL BATTLEFIELD. studies. other purposes; to the Committee on (a) JUMONVILLE GLEN UNIT.- Environmental problems are very fre­ Energy and Natural Resources. (1) MODIFICATION OF BATTLEFIELD BOUND­ quently obstacles to economic development ARIES.-The boundaries of the Fort Necessity and growth in all eastern cities. I am sure FORT NECESSITY ACT OF 1993 National Battlefield, Pennsylvania (referred this is equally true throughout the United • Mr. WOFFORD. Mr. President, I am to in this Act as the "Battlefield"), are States where there are abandoned manufac­ introducing legislation to expand the modified to include the area that comprises turing buildings. Fort Necessity National Battlefield, approximately 190 acres and is generally de­ Please be assured of my support of this bill the site of the 1754 attack by French picted on the map entitled "Boundary Ex­ and let me know if there is anything I can do pansion; Jumonville Glen Unit, Fort Neces­ to aid in its passage. forces against outnumbered British and sity National Battlefield" , numbered DSC- Sincerely, Virginia soldiers at Fort Necessity. 336-20043A, and dated July 1991. WILLIAM J. ALTHAUS, The July 3, 1754, attack on the fort, (2) PUBLIC INSPECTION OF MAP.-The map re­ Mayor. then on the western frontier of the ferred to in paragraph (1) shall be on file and 4332 CONGRESSIONAL RECORD-SENATE March 5, 1993 available for public inspection in the Office (b) ASSISTANCE.-A cooperative agreement United States to the Pittsburgh Aviary in of the Director of the National Park Service, shall be entered into pursuant to subsection Pittsburgh, Pennsylvania is deemed to be a Department of the Interior. (a ) in order to prevent the harmful effects reference to the " National Aviary in Pitts­ (3) MODIFICATION OF UNIT BOUNDARIES.- described in subsection (a) through technical burgh" .• (A) IN GENERAL.-The Secretary of the In­ assistance, land use agreements, or such terior (referred to in this Act as the "Sec­ other means as are agreed upon by the Sec­ By Mr. HATFIELD: retary") may modify the boundaries of the retary and the landowner. S. 525. A bill to establish the Edu­ Jumonville Glen Unit of the Battlefield as (C) EXPENDITURE OF FUNDS.- The Sec­ cational Flexibility Act; to the Com­ depicted on the map referred to in paragraph retary, acting through the Director of the mittee on Labor and Human Resources. (1) to exclude lands (not to exceed 2 acres) on National Park Service, may expend Federal which are located principal structures ac­ funds to carry out cooperative agreements EDUCATIONAL FLEXIBILITY ACT tively used by the owner of the structures as entered into pursuant to subsection (a). Mr. HATFIELD. Mr. President, a let­ of July 1, 1991. SEC. 5. TECHNICAL CORRECTION. ter recently came across my desk from (B) REVISION OF MAP.-Following a modi­ The Act entitled "An Act to provide for the superintendent of schools in a fication in accordance with subparagraph the commemoration of the Battle of Fort Ne­ small Oregon town. He succinctly ex­ (A), the Secretary shall prepare and make cessity, Pennsylvania", approved March 4, pressed the thoughts of the many prin­ available for public inspection in accordance 1931 (46 Stat. 1522), is amended by striking cipals and superintendents who have with paragraph (2) a revised map of the "1757" and inserting "1754".• Jumonville Glen Unit. written to me over the years regarding (b) DUNBAR'S CAMP AREA.- By Mr. WOFFORD: Federal regulation when he said: (1) IN GENERAL.-Not later than 2 years S. 524. A bill to designate the Pitts­ We in public education ask for greater lati­ after the date of enactment of this Act, the burgh Aviary in Pittsburgh, PA, as the tude in using federal funds to meet student Secretary, acting through the Director of needs. Categorical grants, for example, im­ the National Park Service, shall- National Aviary in Pittsburgh: to the pose rigidity beyond belief. The idea that (A) conduct such investigations of archae­ Committee on Energy and Natural Re­ educational problems can be addressed by ological sites in the vicinity of the sources. isolating bits and pieces of educational pro­ Jumonville Glen Unit of the Battlefield as PITTSBURGH NATIONAL AVIARY ACT grams is folly. are necessary to more precisely locate and • Mr. WOFFORD. Mr. President, today identify Dunbar's Camp; and Mr. President, I couldn't agree more. (B) submit a report containing the results I am introducing legislation to des­ Today I am introducing the Edu­ of the investigations to the Committee on ignate the Pittsburgh Aviary as the cational Flexibility Act, which I call Natural Resources of the House of Rep­ National Aviary in Pittsburgh. ed-flex, to address this problem. My resentatives and the Committee on Energy The Pittsburgh Aviary opened in 1952 bill will encourage local schools to and Natural Resources of the Senate. and is the only freestanding, indoor more effectively utilize Federal dollars (2) FURTHER BOUNDARY MODIFICATIONS.­ aviary in the United States that is not The Secretary may modify the boundaries of by placing greater control in the hands associated with a zoo. The aviary is of schools and teachers. the Jumonville Glen Unit of the Battlefield home to nearly 450 birds, including spe­ to include such additional lands (not to ex­ My goal is to allow the many States ceed 30 acres) as are necessary to preserve cies from every continent except Ant­ which have already initiated a flexible and interpret the historic resources associ­ arctica. The collection is housed in 11 approach to their own regulations to ated with Dunbar's Camp. climate controlled indoor exhibits and do so now with Federal regulation as SEC. 2. ACQUISmON OF LANDS. 8 outdoor ones, which are readily ac­ well. In exchange, the participating The Secretary of the Interior may acquire cessible to the public. Each year nearly school districts will be required to lands or interests in lands within the bound­ 100,000 visitors come to the Pittsburgh demonstrate that the affected Federal aries of the Battlefield by donation, purchase Aviary. In fact, attendance during the programs are at least as effective as with donated or appropriated funds, or ex­ fall of 1991 grew by 23 percent. before deregulation and, hopefully, far change. In addition to being home to one of SEC. 3. ADMINISTRATION. more so. (a) IN GENERAL.-The Secretary shall ad­ the world's great collections of birds, Examples of harmful regulations minister the Battlefield in accordance with the aviary is an invaluable research abound, but I will recount just three: the laws generally applicable to units of the center. It is one of the premier bird Right now schools do not use equip­ national park system, including- breeding centers in the United States ment-such as computers-that have (!) the Act entitled "An Act to establish a and the preservation of endangered spe­ been purchased for a Chapter 1 Pro­ National Park Service, and for other pur­ cies is among its prime missions. gram, for any non-Chapter 1 after­ poses", approved August 25, 1916 (16 U.S.C. 1 Mr. President, by designating the school activity. That means that an et seq.); and Pittsburgh Aviary the National Aviary (2) the Act entitled "An Act to provide for adult literacy night-school class, held the preservation of historic American sites, in Pittsburgh, the resources of this in the same classroom, can't use the buildings, objects, and antiquities of na­ world-class facility will become more computer, or the reading program. Cer­ tional significance, and for other purposes", accessible to the public. The designa­ tainly, flexibility at the Federal level approved August 21, 1935 (16 U.S.C. 461 et tion in this legislation requires no ex­ can eliminate this regulatory straight­ seq.). penditure of Federal funds and it fol­ jacket in which local schools find (b) PRESERVATION AND INTERPRETATION OF lows the precedents set for the Na­ themselves. HISTORIC RESOURCES.-ln administering the tional Zoo in Washington, DC, and the Battlefield, the Secretary shall take such ac­ Another example under Chapter 1 in­ tion as is necessary to preserve and interpret National Aquarium in Baltimore, MD. I volves teacher aides. Federal regula­ the historic resources associated with- urge my colleagues to support this leg­ tions require that Chapter 1 aides may (1) the social and military history of the islation. perform noninstructional duties, such European and Native American contests for I ask unanimous consent that a copy as supervising recess, if the regular North America; of the legislation be printed in RECORD. teacher aides do so. However, in small (2) the social, political, and economic his­ There being no objection, the bill was schools with no regular education tory of the westward expansion of the Amer­ ordered to be printed in the RECORD, as ican frontier; and aides, Chapter 1 aides are not per­ (3) the social, political, and economic his­ follows: mitted to perform such duties; thus tory of the early National Period of the s. 524 Chapter 1 teachers are used instead. United States. Be it enacted by the Senate and House of Rep­ Ed-flex would enable Chapter 1 aides to SEC. 4. COOPERATIVE AGREEMENTS. resentatives of the United States of America in free up the time of teachers so that (a) IN GENERAL.-ln accordance with sub­ Congress assembled, their time in school is focused on section (b), the Secretary shall enter into co­ SECTION I. DESIGNATION. The Pittsburgh Aviary in Pittsburgh, teaching. operative agreements with those landowners It is unacceptable that Federal legis­ in Fayette County, Pennsylvania, whose ac­ Pennsylvania is hereby designated as the tivities on their properties could have harm­ "National Aviary in Pittsburgh". lation intended to help children who ful effects on the Battlefield, the resources SEC. 2. LEGAL REFERENCES. most need quality instruction and ac­ within the Battlefield, and the enjoyment of Any reference in any law, regulation. docu­ ceptance by their peers, should end up visitors to the Battlefield. ment, record, map, or other paper of the victimizing them. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4333 But this, in fact, happens. School dis­ Colorado, Florida, Illinois, Maryland, ering a broad waiver authority in H.R. tricts, to assure that categorical funds Mississippi, North Dakota, the list 1097. Secretary Riley has repeatedly keep within narrow boundaries, have goes on. voiced support for local flexibility and resorted to pullout programs that stig­ My own State of Oregon has been a will soon forward an education reform matize and isolate students socially. pioneer in this effort for 6 years. As package which includes broad flexibil­ This is not good education, and cer­ part of its 21st Century School Pro­ ity. tainly not good economics. gram, Oregon allows any school with I regret that we are not now learning These are just a few from literally the approval of its district school board from the results of a national dem­ thousands of examples nationwide. The to request waivers. The State Board of onstration, but that opportunity has time has come to step away from this Education has authority to waive all passed. Now we have a new oppor­ dehumanizing rigidity. State statutes, rules, local policies and tunity, a chance to use the experience Schools and teachers need the au­ agreements relating to educational of States and to encourage other thority to apply their knowledge and practices, with the exception of those States to seek a deregulatory path. experience to teach their very best and that affect health, safety, or constitu­ I'd like to take just a moment, Mr. be accountable for the results. If they tional rights under State or Federal President, to commend the leadership can demonstrate a plan to improve law. Oregonians have been leaders in of former Secretary of Education, education by loosening regulations, calling for a Federal complement to Lamar Alexander. Secretary Alexan­ they should be encouraged to do so. their efforts. der, along with the Superintendent of For the Secretary of Education it is Flexibility in education is not a new Public Instruction in Oregon, Norma a step long overdue. idea to the U.S. Senate. A year ago this Paulus, led the fight with me for ed­ Statutory waiver authority was body voted 95 to 0 to support a dem­ flex last year. Secretary Alexander be­ granted· to the Secretary of Housing onstration project in educational flexi­ lieved in and placed a high priority on and Urban Development way back in bility as an amendment to S. 2, the supporting deregulation efforts in 1937 when I was 15 years old. Neighborhood Schools Improvement schools across the country. That is why The Secretary of Health and Human Act. As the sponsor of this amendment, President Bush included flexibility as a Services has waiver authority for child I appreciated this overwhelming bipar­ key component of his proposed Amer­ support programs and Medicaid. Demonstration projects may be tisan support from my colleagues. With ica 2000 Excellence in Education Act. I granted regulatory waivers by the Sec­ endorsements from the National Gov­ would like to insert in the RECORD the retary of Agriculture. ernor's Association, the National Con­ Bush administration's report on edu­ Is it unreasonable that the agency ference of State Legislatures, the U.S. cation flexibility recently received by that deals with a child's mind, the Chamber of Commerce and others, the the Senate Appropriations Committee. most individual of God's creations, be bill seemed poised for enactment and I began my statement with a quote allowed the room to make human judg­ implementation. It was not to be. from an Oregon superintendent. Appro­ ments? Simultaneous to the progress of S. 2, priately, his district centers on the This legislation will not, as some I was making headway on other fronts. city of Independence. Independence has have feared, allow the diversion of The Senate Appropriations Committee always been a powerful idea in this funds away from those categories of included language regarding ed-flex in country, and that's what we're talking students who are in need of help. By re­ H.R. 5620, the supplemental appropria­ about here. Independence, but not li­ quiring evidence of real student tions bill providing relief to parts of cense. progress, it will more directly address the country devastated by recent disas­ With this legislation the Federal the needs of these students. ters. Specific provisions were included Government will still set up the target Red tape has become so routine that in that act to allow the Secretary of and supply the bow, but in a break school district personnel frequently Education to waive Federal regulations from the past, it will recognize the in­ think that all regulation is Federal. In in a variety of education programs in dividuality of the archers. We'll get fact, the majority comes from State those areas substantially affected by more holes in the bull 'seye if we hand and local levels, and they, too, need Hurricane Andrew, Hurricane Iniki, the bow to the people who know how to flexibility. That is why this bill de­ and Typhoon Omar. While these provi­ shoot. mands that participating States show sions are limited in application, I be­ Mr. President, I ask unanimous con­ at least 2 years of previous experience lieve they will provide significant re­ sent that the text of my bill and there­ and commitment to regulatory reform. lief to school officials working to re­ port be printed in the RECORD following This legislation can leverage the whole build their educational institutions. my remarks. system by tying Federal flexibility to Furthermore, in the fiscal year 1993 There being no objection, the mate­ similar efforts in the States. Labor, HHS, Education appropriations rial was ordered to be printed in the We talk a lot about the States as the bill, the Senate Appropriations Com­ RECORD, as follows: laboratories from which the Federal mittee included report language indi­ s. 525 Government can learn. As a former cating our support for authorization ef­ Be it enacted by the Senate and House of Rep­ Governor, I strongly believe States forts to enact ed-flex. The committee resentatives of the United States of America in routinely set the example by which the directed the Secretary of Education to Congress assembled, Federal Government should govern. My report on State initiatives in this area SECTION 1. SHORT TITLE. before the fiscal year 1994 appropria­ This Act may be cited as the "Educational legislation enhances an experiment Flexibility Act". well under way, which is yielding posi­ tions hearings. In October, S. 2 emerged from con­ SEC. 2. FINDINGS AND PURPOSE. tive results. It is time for the Federal (a) FINDINGS.-The Congress finds that- Government to look outside the belt­ ference with the heart taken out of ed­ (1) historically, Federal education pro­ way and see which of our statutes and flex. grams have !:a.ddressed the Nation's most regulations stand in the way of effec­ Restricted to a small number of pressing educational problems by providing tive education. Chapter 1 schools, the ed-flex concept categorical assistance with detailed require­ South Carolina grants waivers as a ceased to be a model for general de­ ments relating to the use of funds; reward for schools with demonstrated regulation, and became instead a very (2) while the approach described in para­ success records, and is now broadening limited opportunity for the schools of graph (1) has proven generally successful, our neediest children, for all intents some program requirements may inadvert­ the pool to include all schools. ently impede educational achievement; Minnesota has exempted exemplary and purposes, leaving out our second­ (3) the Nation's schools are being asked to schools from State mandates. ary schools. The bill failed to reach a deal effectively with increasingly diverse New Mexico's State Board of Edu­ final vote. educational needs that current program cation can waive regulations for inno­ Now, 6 months later, the climate has structures may not be flexible enough to ad­ vative programs. changed. The House is already consid- dress; and 4334 CONGRESSIONAL RECORD-SENATE March 5, 1993 (4) in an era when educational change and " (VI) the Carl D. Perkins Vocational and "(ii) goals that reflect the broad purposes reform must prevail, it is more important Applied Technology Education Act, except of each program for which a waiver is than ever to provide programs that- part H of title III and funds allocated by sought; and (A) result in improved educational out­ States under section 232 of such Act; "(iii) an explanation of how the applicant comes for all students; " (VII) the Jacob K. Javits Gifted and Tal­ will measure progress in meeting the goals (B) promote the coordination of education ented Students Education Act of 1988; set for each school or site in the project and and related services that benefit children " (VIII) the Drug-Free Schools and Commu­ for disadvantaged individuals participating and their families; nities Act of 1986; and in the project; and (C) respond flexibly to the needs of a di­ " (IX) the Alcohol and Drug Abuse Edu­ " (E) identifies the elementary or second­ verse student population; cation Act. ary schools to be included in the project and (D) stop the proliferation of unnecessary " (2) PROJECT DURATION.-Projects assisted describes the student population at each Federal, State, and local regulation; and under this section, and any waivers associ­ such school, including- (E) place less emphasis on measuring re­ ated with such projects, shall last not longer " (i) current data regarding the achieve­ sources and reviewing procedures and more than 3 years, except that the Secretary may ment of disadvantaged students as well as emphasis on achieving program results. other students; and (b) PURPOSE.-It is the purpose-of this Act extend a project and any associated waivers for an additional 2 years if the Secretary de­ "(ii) the number of students who- to establish a national program which- " (!) are of limited-English proficiency, as (1) promotes educational reform that leads termines that the project is making substan­ tial progress in meeting its goals. defined in section 7003(a)(l) of the Bilingual to improved educational outcomes for par- Education Act; ticipants in affected programs; . "(3) TERMINATION.-The Secretary shall terminate a project and its associated waiv­ " (II) are children with disabilities, as such (2) holds accountable the schools and other term is defined in section 602(a)(l) of the In­ recipients of Federal funds for achieving spe­ ers if the Secretary, at any time, determines it is not making acceptable progress toward dividuals with Disabilities Education Act; cific educational goals · in exchange for in­ "(III) are currently or formerly migratory; creased flexibility in the use of their re­ meeting its goals. The head of any other Federal agency who has granted waivers "(IV) are educationally deprived, as deter­ sources; and mined by eligibility for assistance under (3) enables school and program administra­ under this section shall determine whether to extend or terminate those waivers, but chapter 1 of title I of the Elementary and tors, teachers, parents, local educational Secondary Education Act of 1965; and agencies, and community groups to work to­ the Secretary shall have exclusive authority to extend or terminate the project. "(V) are eligible for a free or reduced price gether to develop effective education pro­ school lunch. grams that meet the needs of all partici­ "(b) ELIGIBILITY.- "(d) APPROVAL OF PROJECTS.- pants, particularly those who are disadvan­ "(!) IN GENERAL.-(A) The Secretary shall taged. "(!) IN GENERAL.-The Secretary shall ap­ only assist a project under this section in a prove an application from a State that the SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN State which has demonstrated to the satis­ Secretary determines shows substantial EDUCATION AND RELATED SERV· faction of the Secretary that the State has ICES. promise of achieving the purposes of the implemented a comprehensive regulatory re­ Educational Flexibility Act after consider­ Subpart 1 of part C of the General Edu­ form plan at least 2 years prior to the date cation Provisions Act (20 U.S.C. 1221 et seq.) ing- on which the State transmits approved appli­ "(A) the comprehensiveness of the project, is amended by adding after section 421A the cations pursuant to subsection (c)(2). following new section: including the types of students, schools, pro­ "(B) For the purposes of this section, the grams, and activities to be included; ..SEC. 421B. FLEXIBILITY AND ACCOUNTABILITY term 'comprehensive regulatory reform plan' IN EDUCATION AND RELATED SERV· "(B) the extent to which the provisions for ICES. means a plan developed by a State that of­ which waivers are sought impede educational "(a) PROGRAM AUTHORIZED.- fers local educational agencies within such improvement; " (!) IN GENERAL.-(A) The Secretary, in ac­ State waivers of certain State statutory and "(C) the State and local requirements that cordance with this section, shall assist ele­ regulatory requirements while holding such will be waived for the project; mentary and secondary schools and other local educational agencies accountable for "(D) the significance and feasibility of the service providers to improve the achieve­ improved performance of students affected proposed project's goals for each participat­ ment of all students and other participants, by such waivers. ing school or site; and but particularly disadvantaged individuals, " (2) GRADE AND PROGRAM REQUIREMENT.­ "(E) the quality of the plan for ensuring by authorizing waivers for States to enable To the extent possible, each grade and aca­ accountability for the proposed plan's activi­ such States to conduct projects to improve demic program in a participating school ties and goals. the performance of schools and programs by shall participate in a project assisted under "(2) CONSULTATION.-The Secretary shall increasing their flexibility in the use of their this section. consult with the heads of other appropriate resources while holding them accountable "(c) APPLICATIONS.- Federal agencies, if any, in determining for achieving educational gains. "(!) LOCAL.-A local educational agency whether to approve a project. Each such "(B)(i) In support of these projects, the desiring to participate in a project assisted agency head shall notify the Secretary of Secretary is authorized to waive any statu­ under this section shall submit an applica­ any waivers granted by such agency head as tory or regulatory requirement (except as tion to the State educational agency for ap­ part of such project. provided in subsection (e)) applicable to a proval. "(3) DISTRIBUTION OF PROJECTS.-The Sec­ program described in clause (ii) that the Sec­ "(2) APPROVAL AND TRANSMISSION TO SEC­ retary shall ensure that, to the extent fea­ retary determines may impede the ability of RETARY.-The State educational agency shall sible, projects assisted under this section are a school or other service provider to meet transmit approved applications described in geographically distributed, and equitably the special needs of such students and other paragraph (1) to the Secretary. distributed among urban, suburban, and individuals in the most effective manner pos­ "(3) CONTENTS.-Each application trans­ rural areas, as well as large and small sible. The head of any other Federal agency mitted pursuant to paragraph (2) shall in­ schools. is similarly authorized to waive such re­ clude a plan which meets the purposes of the "(e) ALLOCATION OF FEDERAL FUNDS; RE­ quirements (except as provided in subsection Educational Flexibility Act and- STRICTION ON WAIVERS.- (e)) applicable to an elementary, secondary, "(A) describes the purposes and overall ex­ "(!) ALLOCATION OF FEDERAL FUNDS.-Fed­ or youth vocational training program de­ pected outcomes of the project; eral funds under any program that are used scribed in clause (ii) and administered by "(B) indicates the Federal programs and to support a project under this section shall such agency if the head of such agency and requirements of such programs which will be be allocated to local educational agencies the Secretary agree that such a waiver waived and how such waivers will improve or and other recipients within the local · edu­ would promote the purpose of this section. maintain educational achievement among cational agency in accordance with the stat­ "(ii) The Secretary shall only waive a stat­ all students affected by such programs and utory and regulatory requirements that gov­ utory or regulatory requirement applicable requirements; ern the operation of that program, except to a program under- "(C) indicates which State and local re­ that, for the purpose of such a project, the "(!) chapter 1 of title I of the Elementary quirements will be waived; Secretary (or the head of any other Federal and Secondary Education Act of 1965; "(D) describes specific, measurable, edu­ agency) may extend the duration of, and pro­ "(II) chapter 2 of title I of the Elementary cational goals for each school or other site in vide continuation funding to, a project cho­ and Secondary Education Act of 1965; the project and for each school year of the sen on a competitive basis that a participat­ "(III) the Dwight D. Eisenhower Mathe­ project, including- ing agency is conducting. matics and Science Education Act; "(i) goals for improving the achievement of "(2) RESTRICTION ON WAIVERS.-Neither the "(IV) the Follow Through Act; all participants, including disadvantaged in­ Secretary nor the head of any other Federal "(V) subtitle B of title VII of the Stewart dividuals, with respect to achievement in agency shall waive under this section any B. McKinney Homeless Assistance Act; basic and advanced skills; statutory or regulatory requirement in March 5, 1993 CONGRESSIONAL RECORD-SENATE 4335 awarding a grant after the date of enactment cised in a manner that, for any fiscal year, non-Chapter 1 students to participate in the of the Educational Flexibility Act to a serv­ increases total obligations or outlays of dis­ program on an incidental basis so long as the ice provider within the local educational cretionary appropriations for programs sub­ Chapter 1 program is not harmed. This agency or other applicant participating in a ject to such authority, or that increases change has numerous benefits, including ad­ project under this section. total obligations or outlays of funding for all dressing the problem of constant removal of "(3) SPECIAL RULE.-Neither the Secretary direct-spending programs subject to such au­ Chapter 1 students from the regular class­ nor, where applicable, the head of any other thority over those that would have occurred room. It is now possible, for example, for a Federal agency shall waive under this sec­ absent such authority.". Chapter 1 teacher, if that teacher believes it tion any statutory or regulatory require­ is the best instructional approach for teach­ ment- EDUCATION FLEXIBILITY ing a concept to the Chapter 1 students, to "(A) under section 438 and 439 of the Gen­ Flexibility for teachers and principles has include non-Chapter 1 students in the pro­ eral Education Provisions Act; been one of the defining ideas of AMERICA gram. "(B) under title VI of the Civil Rights Act 2000, the Bush Administration's strategy for We continue to hear from States and of 1964, section 504 of the Rehabilitation Act reaching the National Education Goals. The school districts that financial audits and of 1973, title IX of the Education Amend­ Department of Education fully supports record-keeping requirements are the most burdensome and unnecessarily restrictive ments of 1972, or title IT of the Americans State deregulation efforts, but has found with Disabilities Act; Federal requirements. Last April, the Sec­ that Federal requirements, both statutory retary issued guidelines giving schools some "(C) under the Individuals with Disabilities and regulatory, must also be addressed. Ac­ Education Act; or flexibility in requirements for keeping time cordingly, the Department has undertaken a distribution records for "split-time" person­ "(D) relating to- number of projects to provide flexibility to "(i) maintenance of effort; nel paid by Federal funds. The guidelines State and local educational agencies and in­ have been very well received, but greater "(ii) comparability; or stitutions of higher education. "(iii) the equitable participation of stu­ flexibility in this area could still be pro­ Department staff have met with officials vided. The Department is currently amend­ dents attending private schools. from urban school districts and State edu­ "(f) REPORTS AND EVALUATIONS.- ing regulations that address the issue of cational agencies to discuss Federal barriers whether the Secretary, in seeking recoveries "(!) PROJECT REPORTS.-Each project as­ to school reform and to identify opportuni­ sisted under this section shall submit, not for violations found through the audit proc­ ties for flexibility under current statutes and ess, should take into account any benefit to later than 90 days after the end of each fiscal regulations. We have met with superintend­ the grant or cooperative agreement that re­ year of the project, an annual report to the ents from Philadelphia, Minneapolis, St. Secretary that- sulted from the activity to which an alleged Paul, and a number of urban districts in violation relates. The Department is also "(A) summarizes the principal activities of Texas and Ohio. Some of the requirements considering whether the Secretary may take the project; identified by these districts as overly bur­ into account costs that could have been "(B) contains school-by-school and other densome or impeding change were also cited charged to the Federal grant or cooperative data, as described in the project plan, that in a survey conducted by the National Gov­ agreement in question but in fact were not. show the extent to which the project is ernors' Association after the 1989 Education We believe that greater flexibility in these meeting its overall goals, including its goals Summit. The Department has been able to areas could reduce litigation or promote its for improving the achievement of all partici­ provide some flexibility and burden relief early resolution in record-keeping and other pants, particularly disadvantaged individ­ through regulations and administrative cases and in audit recoveries where there has uals, with respect to achievement in basic guidance. However, many of the require­ been no harm to the Federal interest. and advanced skills, and is meeting the goals ments drawing complaints are statutory, and Another important area of concern is data for each school or other site; the Secretary does not currently have au­ collection-an activity that is currently "(C) describes the impact of the project on thority to waive statutory requirements. being scrutinized by a Department task disadvantaged children in schools, if any, These requirements would have to be ad­ force. The purpose of the task force is to that are not participating in the project; dressed legislatively-for example, through minimize the Federal education paperwork "(D) describes the effectiveness of efforts the upcoming reauthorization of elementary burden and to maximize the usefulness and to coordinate programs and services for chil­ and secondary education programs or cost-effectiveness of the information col­ dren and their families as appropriate; and through a general waiver authority for the lected, maintained, and disseminated by the "(E) provides information or comparable Secretary. Department. data regarding the achievement levels dem­ At our meetings, State and local officials On several recent occasions, the Secretary onstrated by children or students served pur­ have also discussed State requirements that exercised his authority under the Education suant to programs described in clause (ii) of schools find to be unnecessarily burdensome. Department General Administrative Regula­ subsection (a)(l)(B) during the preceding 3 Remedies to these problems are being pur­ tions (EDGAR) to grant exceptions to those fiscal years compared with the achievement sued at the State level. regulations. For example, the Secretary levels demonstrated by children or students In a number of recent regulatory publica­ granted an exception for grantees and sub­ served under this section. tions, the Department has provided opportu­ grantees under Chapters 1 and 2 to the prohi­ "(2) SECRETARY'S REPORT.-Beginning in nities for flexibility and burden reduction. bition in OMB Circular A-87 against charg­ fiscal year 1995 and every 2 years thereafter, For example, the Department published a ing interest on lease-purchase agreements to the Secretary shall submit a report to the "flexibility manual" for Chapter 1, our larg­ Federal grants. The Secretary also granted Congress that summarizes and analyzes the est elementary and secondary program. This an exception for local educational agencies project reports required by paragraph (1). manual is intended to inform teachers and in Kentucky under Chapter 1 to the real "(3) EVALUATION REPORTS.-Within 7 years school leaders about the flexibility they al­ property requirements in EDGAR. of the date of enactment of the Educational ready have in this program, and encourage Selected institutions of higher education Flexibility Act, and at such interim points them to use that flexibility in innovative can participate in the Department's Institu­ as the Secretary deems appropriate, the Sec­ ways. The manual addresses such areas as as­ tional Quality Control Project (IQCP) if the retary shall provide to the Congress an inde­ sessing needs and selecting students, maxi­ Secretary determines that they are ready to pendent evaluation of the projects assisted mizing the use of Chapter 1 equipment, and move beyond Federal requirements and under this section, as well as an evaluation assigning and training staff involved in make a commitment to quality improve­ of the program assisted under this section by Chapter 1. ment in the delivery of student financial as­ the Department of Education and other af­ In August 1992, the Department published sistance. In particular, the IQCP exempts in­ fected Federal agencies. Such reports may final regulations implementing the Carl D. stitutions from certain regulations govern­ include recommendations for amendments to Perkins Vocational and Applied Technology ing the verification of information submit­ program statutes that are based on the expe­ Education Act. Those regulations afford ted by students in connection with the cal­ rience of projects that successfully raise edu­ local educational agencies flexibility in, for culation, of their expected family contribu­ cational achievement by eliminating or example, meeting the evaluation and report­ tions for the Pell Grant, campus-based, and modifying statutory or regulatory provisions ing requirements. In addition, in August Stafford Loan programs. that impede educational improvement. 1992, the Department published a repeal of The Higher Education Amendments of 1992 "(g) DEFINITION .-For the purpose of this the "particular cost requirement"· contained clarified and broadened the Department's au­ section, the term 'disadvantaged students' in the supplement-not-supplant provisions in thority in this area. Under the new law, se­ includes students of limited English pro­ Part B of the Individuals with Disabilities lected institutions that volunteer to partici­ ficiency, children with disabilities, students Education Act. This change provides special pate in innovative management initiatives who are currently or formerly migratory, education officials with more flexibility in may be exempted from any requirements in and students who are educationally deprived. spending Federal funds. Title IV of the Higher Education Act if those "(h) BUDGET NEUTRALITY.-The authority In August 1992, the Department published requirements would bias experimental re­ provided by this section shall not be exer- amended regulations for Chapter 1 to allow sults. 4336 CONGRESSIONAL RECORD-SENATE March 5, 1993 Also under this newly amended Higher expect that the president will use this eryone else pays. A line-item veto Education Act, lenders, servicers, and guar­ power for the good of all. would allow the President to weigh antees agencies participating in the Guaran­ Let me also be clear that I agree with these narrow expenditures against our teed Student Loan programs may be des­ the more recent economic commission ignated as "exceptional performers" by the shared goal of cutting spending and Secretary. Such a designation will exempt chaired by my colleagues Senators lower taxes for all. And if Congress these participants from certain regulatory NUNN and DOMENICI that a line-item concludes that these expenditures still collections requirements so long as the par­ veto is not in itself deficit reduction. have merit, Congress will have the ticipants maintain an exceptional perform­ But if the President is willing to use it, power to override the veto. ance rating. it is the appropriate tool to cut a cer­ If the President had the power to ex­ tain kind of wasteful spending-the cise special interest spending, but only By Mr. BRADLEY (for himself pork-barrel projects that tend to ap­ in appropriations, we would simply find and Mr. ROBB): pear in appropriations and tax bills. the special interest lobbyists who work S. 526. A bill to create a legislative Presidential leadership can eliminate appropriations turning themselves into item veto by requiring separate enroll­ these projects when Congress, for insti­ tax lobbyists, pushing for the same ment of items in appropriations bills tutional reasons, usually cannot. Indi­ spending in the Tax Code. Spending is and tax expenditure provisions in reve­ vidual Senators and Representatives, spending whether it comes in the form nue bills; to the Committee on Rules who must represent their own local in­ of a Government check, or in the form and Administration. terests, find it difficult to challenge of a special exception from the tax ITEM-VETO LEGISLATION their colleagues on behalf of the gen­ rates that apply to everyone else. Tax • Mr. BRADLEY. Mr. President, our eral interest. Pork-barrel spending on spending does not, as some pretend, new President has promised to set our appropriations and taxes is only one of simply allow people to keep more of Nation on a new path to lasting pros­ the types of spending that drive up the what they have earned. It gives them a perity and security. President Clinton deficit, not the only type, and not the special exception from the rules that has laid out a plan for substantial defi­ largest. But until we control these ex­ oblige everyone to share in the respon­ cit reduction, along with selective in­ penditures for the few, we cannot ask sibility of our national defense and pro­ vestment in education, job training, for shared sacrifice from the many who tecting the young, the aged, and the in­ and infrastructure to improve our eco­ benefit from entitlements, or the many firm. The only way to let everyone nomic prospects. He must have the who pay taxes. keep more of what they have earned is tools he needs to keep his promises. To I expect to be asked why I am intro­ to minimize these tax expenditures lead, President Clinton should need ducing my own bill, rather than sign­ along with appropriated spending and nothing more than the will to change. ing on as a cosponsor to 1 of the 26 ex­ the burden of the national debt so that To make sure that nothing stands in isting bills, resolutions, or constitu­ we can bring down tax rates fairly, for the way of the President's promises, tional amendments to give the Presi­ everyone. today I am introducing the Tax Ex­ dent line-item veto or enhanced reci­ For the next President to keep his penditure and Legislative Appropria­ sion authority on appropriations. The promise to cut the deficit, he will need tions Act of 1993. This legislation will answer stems from my experience, as a the power to block unnecessary spend­ give the President the authority to member of the Finance Committee, ing for narrow local interests. For the veto line items in appropriations and with tax legislation. These bills pro­ next President to hold the line on tax bills. I am very pleased that Sen­ vide special exceptions from taxes for taxes, or even better, provide some ator ROBB joins me as an original co­ special interest that total about $375 meaningful tax relief for the vast ma­ sponsor. billion a year, more than the entire jority of families who need help, he To change our Nation, I have Federal deficit. will need the power to block spending changed my mind. Many times since I We need to be honest about the fact through the Tax Code for narrow inter­ first ran for the Senate, I have studied that as many instances of outrageous, ests. And if the next President is to the proposals for a line-item veto, unnecessary, special-interest pork-bar­ keep his promise to make new invest­ thought through the arguments and rel as are buried in appropriations bills ments in education, job training, and each time I came to the conclusion can be found· in tax bills, although infrastructure, he will need the power that it would tilt the balance of power often camouflaged in coded jargon that to distinguish between wasteful, nar­ farther toward the President than the makes it impossible to figure out who row spending generated by congres­ delicate balance embodied in our Con­ benefits. For every $250,000 for a water sional special interests and productive stitution. But I have also watched for tower in Joplin, MO, earmarked in an investment that will benefit the gen­ 12 years as the deficit quintupled, appropriations bill, there is a $32 mil­ eral interest. shameless pork-barrel projects per­ lion special depreciation schedule for The bill I will introduce will be mod­ sisted in appropriations and tax bills, rental tuxedos, buried in a tax bill. For eled on a bill my colleague Senator and our Presidents again and again de­ every $900,000 appropriated for a revolv­ HOLLINGS has introduced in several nied responsibility for the decisions ing business loan fund in Elkhart, IN, Congresses. I want to thank and com­ that led to these devastating trends. there is a $6 million special exemption mend Senator HOLLINGS for working so Things have to change. from fuel excise taxes for crop-dusters. hard to develop a workable line-item Although it remains true that the And some tax expenditures even cancel veto strategy, one that goes beyond po­ line-item veto would give the President out spending for the common good: We litical demagoguery to the real ques­ more power than our Founders prob­ spend millions of dollars to clean up tion of how to limit spending. My bill ably envisioned, there is also truth in lead, asbestos, and uranium, three of will require that each line item in any the conclusion of the National Eco­ the most potent poisons on our planet, appropriations bill and any bill affect­ nomic Commission in 1989 that "the but in the Tax Code, there's a $12 mil­ ing revenues to enrolled as a separate balance of power on budget issues has lion subsidy to produce these minerals. bill after it is passed by Congress, so swung too far from the Executive to­ In singling out these pork-barrel that the President can sign the full bill ward the Legislative branch." There is projects, I do not mean to pass judg­ or single out individual items to sign no tool to precisely calibrate this bal­ ment on their merits. Every small and veto. It differs from other bills in ance of power, but if we have to swing businessperson could benefit from a re­ that it avoids obvious constitutional a little too far in one direction or an­ volving loan fund. Aviators benefit obstacles and in that it applies to other, at this critical moment, we from the lowest excise tax on fuel. But spending through the Tax Code as well should lean toward giving the Presi­ these provisions instead single out nar­ as appropriated spending. dent all the power he says he needs. We row subclasses to benefit-businesses The bill would remain in effect for have a right to expect wise leadership that happen to be located in Elkhart, just 2 years. That period should con­ from the President. We have a right to IN, or people who own crop-dusters. Ev- stitute a real test of the idea. First, it March 5, 1993 CONGRESSIONAL RECORD-SENATE 4337 will provide enough time for the Fed­ United States Code (as such provisions are in MCCONNELL, and Mr. MURKOW­ eral courts to address any questions effect on the date of the enactment of this SKI): about whether this approach is con­ title); and S. 527. A bill to provide for, and to "(C) shall bear the designation of the stitutionally sound, or if a constitu­ measure of which it was an item of appro­ provide constitutional procedures for tional amendment is necessary. Only priation or tax expenditure provision prior the imposition of, the death penalty for courts can answer this question, which to such enrollment, together with such other causing death through the use of a is in dispute among legal scholars. Sec­ designation as may be necessary to distin­ bomb or other destructive device; to ond, we should have a formal process to guish such bill or joint resolution from other the Committee on the Judiciary. determine whether the line-item veto bills or joint resolutions enrolled pursuant BOMBING HOMICIDE DEATH PENALTY ACT works as intended: Did it contribute to to paragraph (1) with respect to the same Mr. D'AMATO. Mr. President, I rise measure. significant deficit reduction? Did the "(b) PREPARATION AND PRESENTMENT.-A today to introduce the Bombing Homi­ President use it judiciously to cut spe­ bill or joint resolution enrolled pursuant to cide Death Penalty Act, as I indicated cial-interest spending, or, as some subsection (a)(1) with respect to an item of yesterday that I would be doing. worry, did he use it to blackmail Mem­ appropriation or tax expenditure provision The cosponsors are - Senators DOLE, bers of Congress in to supporting his shall be deemed to be a bill under clauses 2 DECONCINI, DOMENICI, SMITH, MCCON­ own special interest expenditures? Did and 3 of section 7 of article 1 of the Constitu­ NELL, and MURKOWSKI. it alter the balance of power over tion of the United States and shall be signed Mr. President, we are certainly all spending, either restoring the balance by the presiding officers of both Houses of relieved and thankful that an arrest the Congress and presented to the President has been made in the World Trade Cen­ or shifting it too far in the other direc­ for approval or disapproval (and otherwise tion? treated for all purposes) in the manner pro­ ter bombing. But we cannot let the The American people have no more vided for bills and joint resolutions gen­ success blind us to the systemic prob­ patience for finger-pointing or excuses. erally. lem that lies at the heart of this trag­ We can no longer tolerate a deficit that "(c) DEFINITIONS.-For purposes of this edy. We must reform the immigration saps our economic strength which poli­ title- control system to prevent tragedies ticians in Washington insist that its "(1) the term 'item of appropriation' means like this from happening again. someone else who really has the power any numbered section and any unnumbered Let me spell out to you what we see paragraph of- to spend or cut spending. The President "(A) any general or special appropriation taking place. Now our reports indicate must have no excuses for failing to bill; and that there was a nest of radical fun­ lead. "(B) any bill or joint resolution making damentalist terrorists who have been Mr. President, I ask unanimous con­ supplemental, deficiency, or continuing ap­ working out of the New York metro­ sent that the text of the bill and a propriations; and politan area. We have known about summary be printed in the RECORD. "(2) the term 'tax expenditure provision' these terrorists for quite a while now. There being no objection, the mate­ means a division of a bill that amends cur­ It is long overdue that we take action rent law or is free standing and that is rial was ordered to be printed in the scored by the Joint Committee on Taxation to root them out. We are talking about RECORD, as follows: as losing revenue over the 5-year period after tens of thousands of people who come s. 526 the provision takes effect.". into this country illegally. We are Be it enacted by the Senate and House of Rep­ SEC. 2. EFFECTIVE PERIOD. talking about thousands of people each resentatives of the United States of America in The amendment made by section 1 shall and every month who come through Congress assembled, apply to bills and joint resolutions agreed to the ports of New York in a ruse. It is SECTION I. TAX EXPENDITURE AND LEGISLATIVE by the Congress during the 103d Congress. incredible, and we allow it to take APPROPRIATIONS LINE ITEM VETO ACT OF 1993. place. BILL SUMMARY The previous administration did lit­ The Congressional Budget and Impound­ The Tax Expenditure and Legislative Ap­ ment Control Act of 1974 is amended by add­ tle, if anything, to address the prob­ propriations Act of 1993 introduced by Sen­ lem. I hope that maybe this terrible ing at the end thereof the following new ators Bradley and Robb would give the Presi­ title: dent the authority to veto line items in ap­ tragedy at the port of New York, the "TITLE XI-TAX EXPENDITURE AND propriations bills and to veto tax expendi­ World Trade Center, will wake us up, LEGISLATIVE APPROPRIATIONS LINE tures in revenue bills. Expanding upon a bill because if it is happening in New York ITEM VETO ACT OF 1993. introduced by Senator Hollings, it would be where we have an estimated 17,000 of " LEGISLATIVE APPROPRIATIONS AND TAX EX­ a statutory, separate enrollment line-item these illegals coming in, and if you PENDITURE LINE ITEM VETO SEPARATE EN­ veto with a 2-year sunset provision. look at the graph-and we have not at­ ROLLMENT AUTHORITY The bill would require that each item in an tained the political sophistication "SEC. 1101. (a) SEPARATE ENROLLMENT.­ appropriations bill be enrolled as a separate some of my colleagues have, because "(1) Notwithstanding any other provision bill for presentment to the President. This they have wonderful charts and of law, when- would be achieved by having the enrolling "(A) any general or special appropriation clerk break the bill down into its component graphs-this graph, small as it might bill or any bill or joint resolution making parts and send each provision to the Presi­ be, indicates from 1989 how the number supplemental, deficiency, or continuing ap­ dent. In addition, the bill would require that has gone from 5,000 illegal admissibles propriations; or each item in a revenue bill that was scored coming in, to over 17,000 estimated for "(B) any revenue bill containing a tax ex­ as a net revenue decrease, e.g. each tax ex­ this year, just at JFK. penditure provision, penditure, be enrolled as a separate bill. As I will, in a while, explain some of the 1 passes both Houses of the Congress in the a result, all appropriations items and tax ex­ methodologies and how they use them. same form, the Secretary of the Senate (in penditures would be subject to the Presi­ dential veto and the override provisions of It is a relatively simple matter to cor­ the case of a bill or joint resolution originat­ rect. We have to have the courage to ing in the Senate) or the Clerk of the House the Constitution would apply. This would ef­ of Representatives (in the case of a bill or fectively give the President the authority to pass legislation that will give the im­ joint resolution originating in the House of block individual appropriations items or tax migration service the right and ability Representatives) shall cause the enrolling expenditures, subject to the 2/3 override of to put them on the plane and send clerk of such House to enroll each item of both houses of Congress. them right back, as opposed to parol­ appropriation or tax expenditure provision of The bill would sunset in two years. As a re­ ing them into our streets. such bill or joint resolution as a separate bill sult, it would constitute a legitimate test of Let me tell you, some of the people or joint resolution, as the case may be. the workability of the line-item at the fed­ we are talking about are drug dealers; "(2) A bill or joint resolution that is re­ eral level. It would also allow the federal courts enough time to address any questions criminals who come with previous quired to be enrolled pursuant to paragraph records; people who come and bring (1)- as to the constitutionality of the approach.• "(A) shall be enrolled without substantive into this country an assortment of revision; By Mr. D'AMATO (for himself, problems, like social disease, and what " (B) shall conform in style and form to the Mr. DOLE, Mr. DECONCINI, Mr. not; killers; people who take jobs while applicable provisions of chapter 2 of title 1, DOMENICI, Mr. SMITH, Mr. they are so-called waiting for the dis- 4338 CONGRESSIONAL RECORD-SENATE March 5, 1993 position of their cases, many of whom dealers who can come in and get these may be in danger. So you distinguish never turn up again to have their cases cards and go to whatever operation so between the two. heard. We have to put a stop to this. they can be shielded and use this as a You have to make that clear. You do Almost all of those involved in this means for cover. We have people who not just discharge that person, because terrorist organization have entered have no intent to contribute anything, now it is a game. Everybody who would this country illegally, and they should who are not and do not meet the tests want to come to this country says, be deported. They should be allowed to of true political asylum coming in. "political asylum: I claim political reapply for admission into this coun­ Mr. President, the facts are simple, asylum." Many of them are never to be try, and at that time we should care­ and this law needs to be dealt with. seen again once they are discharged fully examine each case on an individ­ The law that states that whoever re­ into this country. Some who are even ual basis. quests asylum must be given a hearing smarter report for the first court hear­ The arrest of Mohammed Salameh is regardless of the circumstances, and ing where they say, "I am here to the most recent example of the in­ that is the law today, and for those en­ make a claim for political asylum," creased presence of a substantial ter­ tering without documents, or phony then they can go out and get a driver's rorist element here in the United documents, the reward is not only ad­ license, a Social Security number, a States. What makes this case so frus­ mission to the United States but also key to employment, and then disappear trating is that it could very well have authorization to hold employment as never to be heard from. All of them been avoided if only our system of im­ long as they can manage to clog the know that they have at least 18 months migration controls had not failed us. court dockets and the usual case takes to work just before they each have to Salameh entered into the United 18 months to complete. Some of these do that. This is what we have to deal States on a business visa and stayed people with their attorneys have been with. beyond the expiration of his visa. His going on 3 years, 4 years, and 5 years. Mr. President, why do I bring this up spiritual mentor, Sheik Omar Abdul With work authorization, the alien can on a Friday afternoon? I bring it up be­ Rahman, entered the country on false obtain a Social Security card, a driv­ cause it is imperative that we begin to pretenses, lying about being a polyg­ er's license, and that is all that is need­ educate the American people and this amist and other crimes. Rahman is ed to apply for welfare benefits, pur­ Congress as to what must be done to currently being investigated for his chase guns, and even vote. deal with this explosive situation. connection to a murder of an Egyptian This is why we need to address the I am informed that in New York City immigrant in Brooklyn, the killing of following three deficiencies in our im­ there are only 132 special INS agents. Rabbi Meir Kahane, and the death of a migration control system immediately: This is totally inadequate, totally in­ man in Cleveland. Additionally, the re­ We must establish a corps of spe­ adequate. I am informed that the de­ cent CIA killings were allegedly car­ cially trained immigration officers, tention center at JFK has a maximum ried out by Mir Amal Kansi, a Paki­ INS agents, to hear cases of asylum capacity of 100 beds and has 12 to 15 va­ stani national who, like Salameh and right at the airports for those who are cancies for 1,800 new excludables who Rahman, entered the country illegally. coming directly from the country from come in every month. That is ridicu­ The one common denominator in all which they are claiming persecution. lous. If we have to take some of the these cases, and what is particularly All other undocumented aliens or those military space that we have, then let alarming to this Senator, is that all with false documents should be re­ us do it, some of the former bases or three men came into the United States turned to the country from which they bases we are going to close down, let us through the JFK airport in New York came, not the country that they are do it, and let us let people know if they and they came in a manner that leaves claiming asylum from. Let them go are going to try to come in through the a lot to be desired. They should have back to where they boarded the air­ loopholes, we are going to hold them. been precluded entry or should have craft and apply for refugee status at You will not like it here. You better been sent back after a period of time. the American consulate there or ask ask for political asylum in a true sense A preliminary examination of the for asylum from that country. and be a victim, as opposed to attempt­ system as it operates at JFK yielded Let me, if I might take the time, to ing to victimize the people of this shocking revelations of the overwhelm­ explain to you the differential. If some­ country. · ing problems our immigration control one is supposedly claiming coming Inspectors at JFK have the inadmis­ system faces. from a country that he or she is fleeing sible-alien profile. Let me share with In 1992 there were some 15,000 exclud­ from directly and says, "I cannot go you for a moment the profile of those able aliens who attempted to enter back there because they will persecute people beating the system. Most are JFK. Of this number almost 1,000, or 6.3 me, they will kill me, they will take smuggled in by a circuitous route by a percent, asked for political asylum. All my life," then you have the INS agent worldwide organization so they know but 428 had either fraudulent docu­ right there to listen to the validity of exactly how to do this and conduct this ments or no documents at all. that claim, to hold that hearing and to scam. Most travel to a third country So, Mr. President, once you ask for determine whether or not he or she with refugee processing. None has ap­ political asylum you are in, notwith­ should go back. And if they make a de­ plied at those locations. It is apparent standing that you have fraudulent doc­ termination that they do not meet the when they arrive undocumented or uments, notwithstanding what your test, then they send them back. with fraudulent documents. The major­ background was, notwithstanding that If they come from a third country, ity are coached to be prima facie eligi­ you never had any intention of coming which most of them do-for example, a ble for political asylum. They are em­ in legally, notwithstanding that you do person who may be fleeing in desperate ployment eligible, creating an unjust not comport to the law. As long as you situation in any one of a number of situation. Those who break the rules get your feet on this soil and you say areas-whether it be from Somalia, are rewarded with a U.S. job. "asylum, I claim political asylum,'' whether it be from Yugoslavia, wheth­ Most asylum claims prove to be un­ you are entitled to a hearing. er it be from, let us say, Haiti, and founded or never pursued. In January That is how killers, murderers, ter­ they come in via a third country, Ven­ the Newark asylum office scheduled 544 rorists, drug dealers come in. Now, ezuela, for example, or France, or Eng­ cases. Of those, 42 percent did not even look, how long do we have to wait? land, then in that case that person who show up. Almost all are released pend­ How long must America endure the in­ comes here and claims for the first ing a hearing due to a lack of detention dignities? And, by the way, as long as time political asylum on our shores space. They are potential security they report for their first hearing they should be sent back immediately, be­ threats. These inadmissibles receive are then given a card, an employment cause they do not face any threat of again a Government-issued employ­ card; they can then go and work le­ persecution. We are not sending them ment card based on an oral declaration. gally. Incredible. We can have drug back to the country where their lives Imagine, with an oral declaration you March 5, 1993 CONGRESSIONAL RECORD-SENATE 4339 get a Government employment card "(B) AGGRAVATING FACTORS.-ln determin­ The court may permit the attorney for the and identity card which is unverifiable ing whether a sentence of death is justified Government to amend the notice upon a and, therefore, criminals can be con­ for an offense described in paragraph (1), the showing of good cause. jury, or if there is no jury, the court, shall "(B) HEARING BEFORE A COURT OR JURY.­ cealed. They can come in and claim a consider each of the following aggravating When the attorney for the Government has whole new identity. On the basis of factors and determine which, if any, exist- filed a notice as required under subparagraph what they claim, they get this employ­ "(i) PREVIOUS CONVICTION OF OFFENSE FOR (A) and the defendant is found guilty of an ment card. WHICH A SENTENCE OF DEATH OR LIFE IMPRIS­ offense described in paragraph (1), the judge So, Mr. President, while we are all ONMENT WAS AUTHORIZED.-The defendant has who presided at the trial or before whom the relieved and thankful there has been an previously been convicted of another Federal guilty plea was entered, or another judge if arrest made in this World Trade Center or State offense resulting in the death of a that judge is unavailable, shall conduct a bombing, we have an awful lot more person, for which a sentence of life imprison­ separate sentencing hearing to determine to do. ment or death was authorized by statute. the punishment to be imposed. Prior to such Mr. President, I hope that we can all "(ii) PREVIOUS CONVICTIONS OF VIOLENT OF­ a hearing, no presentence report shall be pre­ come together to deal with this prob­ FENSES.-The defendant has previously been pared by the United States Probation Serv­ convicted of 2 or more Federal or State of­ ice, notwithstanding the provisions of the lem. fenses, each punishable by a term of impris­ Federal Rules of Criminal Procedure. The I ask unanimous consent that the onment of more than 1 year, committed on hearing shall be conducted- full text of the bill be printed in the different occasions, involving the infliction "(i) before the jury that determined the de­ RECORD. or attempted infliction of serious bodily in­ fendant's guilt; There being no objection, the bill was jury or death upon another person. "(ii) before a jury impaneled for the pur­ ordered to be printed in the RECORD, as "(iii) PREVIOUS CONVICTIONS OF DRUG OF­ pose of the hearing if- follows: FENSES.-The defendant has previously been "(1) the defendant was convicted upon a convicted of 2 or more Federal or State of­ plea of guilty; s. 527 fenses, each punishable by a term of impris­ Be it enacted by the Senate and House of Rep­ "(II) the defendant was convicted after a onment of more than 1 year, committed on trial before the court sitting without a jury; resentatives of the United States of America in different occasions, involving the importa­ Congress assembled, "(III) the jury that determined the defend­ tion, manufacture, or distribution of a con­ ant's guilt was discharged for good cause; or SECTION 1. SHORT TITLE. trolled substance (as defined in section 102 of "(IV) after initial imposition of a sentence This Act may be cited as the "Bombing the Controlled Substances Act (21 U.S.C. Homicide Death Penalty Act". under this section, reconsideration of the 802)). sentence under the section is necessary; or SEC. 2. DEATH PENALTY AUTHORIZATIONS AND "(iv) PREVIOUS CONVICTIONS OF VIOLENT "(iii) before the court alone, upon motion PROCEDURES. DRUG OFFENSES.-The defendant has pre­ Section 924 of title 18, United States Code, of the defendant and with the approval of the viously been convicted of a Federal or State attorney for the Government. is amended by adding at the end the follow­ offense, punishable by a term of imprison­ ing new subsection: ment of more than 1 year, involving the in­ A jury impaneled pursuant to clause (ii) "(i) CAUSING DEATH THROUGH THE USE OF A fliction of, or attempted infliction of, serious shall consist of 12 members unless, at any BOMB OR OTHER DESTRUCTIVE DEVICE.- bodily injury or death upon another person, time before the conclusion of the hearing, " (1) PENALTY.- and has previously been convicted of a Fed­ the parties stipulate, with the approval of "(A) IN GENERAL.-Subject to subparagraph eral or State offense, committed on a dif­ the court, that it shall consist of a lesser (B), a person who intentionally or with reck­ ferent occasion and punishable by a term of number. less disregard for human life causes the imprisonment of more than 1 year, involving "(C) PROOF OF MITIGATING AND AGGRAVAT­ death of a person through the use of a bomb the importation, manufacture, or distribu­ ING FACTORS.-At the hearing, information or other destructive device shall be sen­ tion of a controlled substance (as defined in may be presented concerning- tenced to life imprisonment without release section 102 of the Controlled Substances Act " (i) any matter relating to any mitigating or to death if, after consideration of the fac­ (21 u.s.c. 802)). factor listed in paragraph (2)(A) and any tors listed in paragraph (2) in the course of a "(V) SERIOUS DRUG FELONY CONVICTION.­ other mitigating factor; and hearing held pursuant to paragraph (3), it is The defendant has previously been convicted "(ii) any matter relating to any aggravat­ determined that imposition of a sentence of of another Federal or State offense involving ing factor listed in paragraph (2)(B) for death is justified. the manufacture, distribution, importation, which notice has been provided under para­ "(B) __.-No person may be sentenced to or possession of a controlled substance (as graph (3)(A) and (if information is presented the death penalty who was less than 18 years defined in section 102 of the Controlled Sub­ relating to such a listed factor) any other ag­ of age at the time of the offense. stances Act (21 U.S.C. 802)) for which a sen­ gravating factor for which notice has been so "(2) FACTORS TO BE CONSIDERED IN DETER­ tence of 5 or more years of imprisonment provided. MINING WHETHER A SENTENCE OF DEATH IS JUS­ was authorized by statute. Information presented may include the trial TIFIED.- " (vi) PREVIOUS CONVICTION OF A VIOLENT transcript and exhibits. Any other informa­ " (A) MITIGATING FACTORS.-ln determining FELONY INVOLVING A FIREARM.-The defend­ tion relevant to such mitigating or aggravat­ whether a sentence of death is justified for ant has previously been convicted of a Fed­ ing factors may be presented by the Govern­ an offense described in paragraph (1), the eral or State offense punishable by a term of ment or the defendant, regardless of its ad­ jury, or if there is no jury, the court, shall imprisonment of more than 1 year involving missibility under the rules governing admis­ consider each of the following mitigating the use or attempted use of a firearm to sion of evidence at criminal trials, except factors and determine which, if any exists: threaten, intimidate, assault or injure a per­ that information may be excluded if its pro­ "(i) MENTAL CAPACITY.-The defendant's son. bative value is outweighed by the danger of mental capacity to appreciate the wrongful­ " (3) SPECIAL HEARING TO DETERMINE WHETH­ creating unfair prejudice, confusing the is­ ness of his or her conduct or to conform his ER A SENTENCE OF DEATH IS JUSTIFIED.- sues, or misleading the jury. The attorney or her conduct to the requirements of law "(A) NOTICE BY THE GOVERNMENT.-When for the Government and the attorney for the was significantly impaired, regardless of the Government intends to seek the death defendant shall be permitted to rebut any in­ whether the capacity was so impaired as to penalty for an offense described in paragraph formation received at the hearing, and shall constitute a defense to the charge. (1), the attorney for the Government, a rea­ be given fair opportunity to present argu­ "(ii) DURESS.-The defendant was under sonable time before the trial, or before ac­ ment as to the adequacy of the information unusual and substantial duress, regardless of ceptance by the court of a plea of guilty, or to establish the existence of any aggravating whether the duress was of such a degree as to at such time thereafter as the court may or mitigating factor and as to the appro­ constitute a defense to the charge. permit upon a showing of good cause, shall priateness in that case of imposing a sen­ "(iii) PARTICIPATION IN OFFENSE MINOR.­ sign and file with the court, and serve on the tence of death. The attorney for the Govern­ The defendant's participation in the offense, defendant, a notice- ment shall open the argument. The defend­ which was committed by another, was rel­ " (i) stating that the Government in the ant shall be permitted to reply. The Govern­ atively minor, although not so minor as to event of conviction will seek the sentence of ment shall then be permitted to reply in re­ constitute a defense to the charge. death; and buttal. The burden of establishing the exist­ The jury, or if there is no jury, the court, "(ii) setting forth the aggravating factor ence of an aggravating factor is on the Gov­ shall consider whether any other aspect of or factors listed in paragraph (2)(B) and any ernment, and is not satisfied unless the ex­ the defendant's character or record or any other aggravating factor not listed in para­ istence of such a factor is established beyond other circumstance of the offense that the graph (2)(B) that the Government, if the de­ a reasonable doubt. The burden of establish­ defendant may proffer as a mitigating factor fendant is convicted, will seek to prove as ing the existence of any mitigating factor is exists. the basis for the death penalty. on the defendant, and is not satisfied unless 69--{)59 0-97 Vo l. 139 (Pt. 3) 44 4340 CONGRESSIONAL RECORD-SENATE March 5, 1993 the existence of such a factor is established peal of the judgment of conviction. An ap­ implementation of a sentence of death may by a preponderance of the evidence. peal of the sentence under this subsection use appropriate State or local facilities for "(D) RETURN OF SPECIAL FINDINGS.-The may be consolidated with an appeal of the the purpose, may use the services of an ap­ jury, or if there is no jury, the court, shall judgment of conviction and shall have prior­ propriate State or local official or of a per­ consider all the information received during ity over all other cases. son such as an official employed for the pur­ the hearing. It shall return special findings ''(B) REVIEW.-The court of appeals shall pose, and shall pay the costs thereof in a identifying any aggravating factor or factors review the entire record in the case, includ­ amount approved by the Attorney General. set forth in paragraph (2)(B) found to exist ing- "(8) APPOINTMENT OF COUNSEL.- and any other aggravating factor for which "(1) the evidence submitted during the "(A) REPRESENTATION OF INDIGENT DEFEND­ notice has been provided under paragraph trial; ANTS.-Notwithstanding any other law, this (3)(B) found to exist. A finding with respect "(ii) the information submitted during the paragraph shall govern the appointment of to a mitigating factor may be made by 1 or sentencing hearing; counsel for any defendant against whom a more members of the jury, and any member "(iii) the procedures employed in the sen­ sentence of death is sought or on whom a of the jury who finds the existence of a miti­ tencing hearing; and sentence of death has been imposed for an of­ gating factor may consider such factor es­ "(iv) the special findings returned under fense described in paragraph (1) when the de­ tablished for purposes of this section regard­ paragraph (3)(D). fendant is or becomes financially unable to less of the number of jurors who concur that "(C) DECISION AND DISPOSITION.- obtain adequ&.te representation. Such a de­ the factor has been established. A finding "(i) If the court of appeals determines fendant shall be entitled to appointment of with respect to any aggravating factor must that- counsel from the commencement of trial be unanimous. If no aggravating factor listed "(!) the sentence of death was not imposed proceedings until 1 of the conditions speci­ in paragraph (2)(B) is found to exist, the under the influence of passion, prejudice, or fied in paragraph (9)(B) has occurred. court shall impose a sentence other than any other arbitrary factor; "(B) REPRESENTATION BEFORE FINALITY OF death authorized by law. "(II) the evidence and information support JUDGMENT.-A defendant within the scope of "(E) RETURN OF A FINDING CONCERNING A the special findings of the existence of an ag­ this paragraph shall have counsel appointed SENTENCE OF DEATH.-If an aggravating fac­ gravating factor or factors; and for trial representation as provided in sec­ tor required to be considered under para­ "(Ill) the proceedings did not involve any tion 3005. At least 1 counsel so appointed graph (2)(B) is found to exist, the jury, or if other prejudicial error requiring reversal of shall continue to represent the defendant there is no jury, the court, shall consider the sentence that was properly preserved for until the conclusion of direct review of the whether the aggravating factor or factors and raised on appeal, judgment, unless replaced by the court with found to exist outweigh any mitigating fac­ the court shall affirm the sentence. other qualified counsel. tor or factors. The jury, or if there is no "(ii) In any other case, the court of appeals "(C) REPRESENTATION AFTER FINALITY OF jury, the court, shall recommend a sentence shall remand the case for reconsideration or JUDGMENT.-When a judgment imposing a of death if it unanimously finds at least 1 ag­ for imposition of another authorized sen­ sentence of death has become final through gravating factor and no mitigating factor or tence as appropriate. affirmance by the Supreme Court on direct if it finds 1 or more aggravating factors that "(iii) The court of appeals shall state in review, denial of certiorari by the Supreme outweigh any mitigating factors. In any writing the reasons for its disposition of an Court on direct review, or expiration of the other case, it shall not recommend a sen­ appeal of sentence of death under this sub­ time for seeking direct review in the court of tence of death. The jury shall be instructed section. appeals or the Supreme Court, the Govern­ that it must avoid any influence of sym­ "(6) IMPLEMENTATION OF SENTENCE OF ment shall promptly notify the district court pathy, sentiment, passion, prejudice, or DEATH.- that imposed the sentence. Within 10 days other arbitrary factors in its decision, and "(A) PROCEDURE.-A person who has been after receipt of such a notice, the district should make such a recommendation as the sentenced to death pursuant to this sub­ court shall proceed to make a determination information warrants. section shall be committed to the custody of whether the defendant is eligible under this "(F) SPECIAL PRECAUTION TO ENSURE the Attorney General until exhaustion of the paragraph for appointment of counsel for AGAINST DISCRIMINATION.-ln a hearing held procedures for appeal of the judgment of con­ subsequent proceedings. On the basis of the before a jury, the court, prior to the return viction and for review of the sentence. When determination, the court shall issue an of a finding under subparagraph (E), shall in­ the sentence is to be implemented, the At­ order- struct the jury that, in considering whether torney General shall release the person sen­ "(i) appointing 1 or more counsel to rep­ a sentence of death is justified, it shall not tenced to death to the custody of a United resent the defendant upon a finding that the consider the race, color, religious beliefs, na­ States marshal, who shall supervise imple­ defendant is financially unable to obtain tional origin, or sex of the defendant or of mentation of the sentence in the manner adequate representation and wishes to have any victim and that the jury is not to rec­ prescribed by the law of the State in which counsel appointed or is unable competently ommend a sentence of death unless it has the sentence is imposed. If the law of that to decide whether to accept or reject ap­ concluded that it would recommend a sen­ State does not provide for implementation of pointment of counsel; tence of death for the crime in question no a sentence of death, the court shall designate "(ii) finding, after a hearing if necessary, matter what the race, color, religious beliefs, another State, the law of which does so pro­ that the defendant rejected appointment of national origin, or sex of the defendant or of vide, and the sentence shall be implemented counsel and made the decision with an un­ any victim may be. The jury, upon return of in the manner prescribed by such law. derstanding of its legal consequences; or a finding under subparagraph (E), shall also "(B) LIMITATION.-A sentence of death "(iii) denying the appointment of counsel return to the court a certificate, signed by shall not be carried out upon a person who upon a finding that the defendant is finan­ each juror, that consideration of the race, lacks the mental capacity to understand the cially able to obtain adequate representa­ color, religious beliefs, national origin, or death penalty and why it was imposed on tion. Counsel appointed pursuant to this sex of the defendant or any victim was not that person, or upon a woman while she is paragraph shall be different from the counsel involved in reaching his or her individual de­ pregnant. who represented the defendant at trial and cision and that the individual juror would "(C) PARTICIPATION BY EMPLOYEES.-No em­ on direct review unless the defendant and have made the same recommendation re­ ployee of any State department of correc­ counsel request a continuation or renewal of garding a sentence for the crime in question tions or the Federal Bureau of Prisons, or the earlier representation. no matter what the race, color, religious be­ the United States Marshals Service, and no "(D) STANDARDS FOR COMPETENCE OF COUN­ liefs, national origin, or sex of the defendant employee providing services to that depart­ SEL.-ln relation to a defendant who is enti­ or any victim may be. ment, bureau, or service under contract shall tled to appointment of counsel under this "(4) IMPOSITION OF A SENTENCE OF DEATH.­ be required, as a condition of that employ­ subsection, at least 1 counsel appointed for Upon the recommendation under paragraph ment or contractual obligation, to be in at­ trial representation shall have been admit­ (3)(E) that a sentence of death be imposed, tendance at or to participate in any execu­ ted to the bar for at least 5 years and have the court shall sentence the defendant to tion carried out under this subsection if such at least 3 years of experience in the trial of death. Otherwise the court shall impose a participation is contrary to the moral or re­ felony cases in the Federal district courts. If sentence, other than death, authorized by ligious convictions of the employee. For pur­ new counsel is appointed after judgment, at law. poses of this subsection, the term 'partici­ least 1 counsel so appointed shall have been "(5) REVIEW OF A SENTENCE OF DEATH.­ pate in any execution' includes personal admitted to the bar for at least 5 years and "(A) APPEAL.-ln a case in which a sen­ preparation of the condemned person and the have at least 3 years of experience in the liti­ tence of death is imposed, the sentence shall apparatus used for the execution, and super­ gation of felony cases in the Federal courts be subject to review by the court of appeals vision of the activities of other personnel in of appeals or the Supreme Court. The court, upon appeal by the defendant. Notice of ap­ carrying out such activities. for good cause, may appoint counsel who peal of the sentence shall be filed within the "(7) USE OF STATE FACILITIES.-A United does not meet these standards, but whose time specified for the filing of a notice of ap- States marshal charged with supervising the background, knowledge, or experience would March 5, 1993 CONGRESSIONAL RECORD-SENATE 4341 otherwise enable him or her to properly rep­ "(III) based on a factual predicate that nia [Mr. WOFFORD], and the Senator resent the defendant, with due consideration could not have been discovered through the from Maine [Mr. COHEN] were added as of the seriousness of the penalty and the na­ exercise of reasonable diligence in time to cosponsors of S. 70, a bill to reauthor­ ture of the litigation. present the claim in earlier proceedings; and ize the National Writing Project, and "(E) APPLICABILITY OF CRIMINAL JUSTICE "(iii) the facts underlying the claim would ACT.-Except as otherwise provided in this be sufficient, if proven, to undermine the for other purposes. paragraph, section 3006A shall apply to ap­ court's confidence in the determination of s. 105 pointments under this paragraph. guilt on the offense or offenses for which the At the request of Mr. JEFFORDS, the "(F) CLAIMS OF INEFFECTIVENESS OF COUN­ death penalty was imposed. name of the Senator from Oklahoma SEL.-The ineffectiveness or incompetence of "(10) JURISDICTION.-There is Federal juris­ [Mr. NICKLES] was added as a cosponsor counsel during proceedings on a motion diction over an offense under this subsection of S. 105, a bill to amend the Internal under section 2255 of title 28 in a capital case if- Revenue Code of 1986 and the Employee shall not be a ground for relief from the "(A) the conduct of the offender occurred judgment or sentence in any proceeding. The in the course of an offense against the Retirement Income Security Act of limitation stated in the preceding sentence United States; or 1974 to improve pension plan funding. shall not preclude the appointment of dif­ "(B) a destructive device or part thereof s. 243 ferent counsel at any stage of the proceed­ involved in the offense has moved at any At the request of Mr. PRYOR, the ings. time in interstate or foreign commerce.". name of the Senator from Louisiana "(9) COLLATERAL ATTACK ON JUDGMENT IM­ [Mr. BREAUX] was added as a cosponsor POSING SENTENCE OF DEATH.- By Mr. RIEGLE: "(A) TIME FOR MAKING SECTION 2255 MO­ S.J. Res. 58. A joint resolution to des­ of s. 243, a bill to amend title XVITI of TION.-ln any case in which a sentence of ignate the weeks of May 2, 1993, the Social Security Act to extend the death has been imposed for an offense provision relating to medicare-depend­ against the United States and the judgment through May 8, 1993, and May 1, 1994, through May 7, 1994, as "National Cor­ ent, small rural hospitals, and for has become final under section 3598(a)(3), a other purposes. motion in the case under section 2255 of title rectional Officers Week"; to the Com­ s. 295 28 shall be filed within 90 days after the issu­ mittee on the Judiciary. ance of the order relating to appointment of NATIONAL CORRECTIONAL OFFICERS WEEK At the request of Mr. DURENBERGER, counsel under section 3598(a)(3). The court in the name of the Senator from Alaska • Mr. RIEGLE. Mr. President, I intro­ [Mr. MURKOWSKI] was added as a co­ which the motion is filed for good cause may duce a joint resolution honoring our extend the time for filing for a period not ex­ sponsor of S. 295, a bill to amend title ceeding 60 days. A motion under this sub­ correctional officers. I have offered 23, United States Code, to remove the paragraph shall have priority over all non­ similar joint resolutions in the past be­ penalties for States that do not have in capital matters in the district court, and in cause I believe it is right and impor­ effect safety belt and motorcycle hel­ the court of appeals on review of the district tant that we honor these valuable pub­ met traffic safety programs, and for court's decision. lic servants. other purposes. "(B) STAY OF EXECUTION.-The execution of Correctional officers play a critical a sentence of death shall be stayed in the role in protecting public safety, but s. 415 course of direct review of the judgment and largely because their work takes place At the request of Mr. BOREN, the during the litigation of an initial motion in out of public view, correctional officers name of the Senator from Missouri the case under section 2255 of title 28. The [Mr. DANFORTH] was added as a cospon­ stay shall run continuously following impo­ have not received the recognition they deserve. Correctional officers work in sor of S. 415, a bill to require the Attor­ sition of the sentence, and shall expire if- ney General to establish 10 military­ "(i) the defendant fails to file a motion highly stressful situations. They must under section 2255 of title 28 within the time ensure order and promote an environ­ style boot camp prisons. specified in subparagraph (A) or fails to ment in which offenders can rehabili­ s. 427 make a timely application for court of ap­ tate themselves and begin to build pro­ At the request of Mr. MITCHELL, the peals review following the denial of such a ductive lives. names of the Senator from Minnesota motion by a district court; The explosive growth in the prison [Mr. DURENBERGER], the Senator from "(ii) upon completion of district court and population in just the past 6 years has Pennsylvania [Mr. WOFFORD], and the court of appeals review under section 2255 of Senator from Michigan [Mr. LEVIN] title 28, the motion under that section is de­ increased the challenges for correc­ nied and- tional officers. Since 1987, the number were added as cosponsors of S. 427, a "(1) the time for filing a petition for cer­ of people in jails or prisons have in­ bill to amend the Internal Revenue tiorari has expired and no petition has been creased by almost 50 percent. Along Code of 1986 to permit private founda­ filed; with this increase in the prison popu­ tions to use common investment funds. "(II) a timely petition of certiorari was lation, there has been an increase in SENATE JOINT RESOLUTION 14 filed and the Supreme Court denied the peti­ the need for correctional officers. At the request of Mr. THURMOND, the tion; or name of the Senator from Alabama "(III) a timely petition for certiorari was Today, there are more than 280,000 cor­ filed and upon consideration of the case, rectional officers. It is to the credit of [Mr. HEFLIN] was added as a cosponsor the Supreme Court disposed of it in a man­ these men and women that the level of of Senate Joint Resolution 14, a joint ner that left the capital sentence undis­ professionalism has kept pace with the resolution to designate the month of turbed; or enormous challenges they face. May 1993, as "National Foster Care "(iii) before a district court, in the pres­ I urge my colleagues to support this Month." ence of counsel and after having been advised joint resolution to bring correctional SENATE CONCURRENT RESOLUTION 9 of the consequences of his decision, the de­ officers more of the recognition they At the request of Mr. ExoN, the fendant waives the right to file a motion have so rightly earned.• names of the Senator from Minnesota under section 2255 of title 28. [Mr. DURENBERGER] and the Senator "(C) FINALITY OF THE DECISION ON REVIEW.­ If 1 of the conditions specified in subpara­ ADDITIONAL COSPONSORS from Kansas [Mrs. KASSEBAUM] were graph (B) has occurred, no court thereafter added as cosponsors of Senate Concur­ shall have the authority to enter a stay of s. 45 rent Resolution 9, a concurrent resolu­ execution or grant relief in the case unless- At the request of Mr. THURMOND, the tion urging the President to negotiate "(!) the basis for the stay and request for name of the Senator from New York a comprehensive nuclear weapons test relief is a claim not presented in earlier pro­ [Mr. D'AMATO] was added as a cospon­ ban. ceedings; sor of S. 45, a bill to establish constitu­ "(ii) the failure to raise the claim is- tional procedures for the imposition of "(1) the result of governmental action in the death penalty for terrorist murders AUTHORITY FOR COMMITTEES TO violation of the Constitution or laws of the and for other purposes. MEET United States; "(IT) the result of the Supreme Court rec­ s. 70 COMMITTEE ON VETERANS' AFFAIRS ognition of a new Federal right that is retro­ At the request of Mr. COCHRAN, the Mr. PRYOR. Mr. President, the Com­ actively applicable; or names of the Senator from Pennsyl va- mittee on Veterans' Affairs would like 4342 CONGRESSIONAL RECORD-SENATE March 5, 1993 to request unanimous consent to hold a sume issuing the visas and travel docu­ Nation. Her loyalty and hope for the hearing on the present and future role ments without delay. There have been future truly are an inspiration to all of Department of Veterans Affairs no visible changes since that date. Americans.• health care system in American health During Secretary Christopher's re­ care. The hearing will be held on March cent trip to the Middle East, President 5, 1993, at 10:30 a .m . in room 418 of the Assad and Foreign Minister Sharra as­ PROTECTING MEDICARE Russell Senate Office Building. sured him that Syria is committed to BENEFICIARIES The PRESIDING OFFICER. Without the policy announced last April. De­ • Mr. RIEGLE. Mr. President, today I objection, it is so ordered. spite these statements, very few passes rise in support of S. 514 , the Medicare SUBCOMMITTEE ON OVERSIGHT AND are being issued and families are being Beneficiary Protection Act of 1993 with GOVERNMENT MANAGEMENT separated in the process. This is clearly Senators PRYOR and COHEN. This legis­ Mr. PRYOR. Mr. President, I ask not in line with the policy announced lation will provide the needed statu­ unanimous consent that the Sub­ by Syria last year. tory changes to ensure that Medicare committee on Oversight and Govern­ Mr. President, free emigration must beneficiaries received the financial pro­ ment Management of the Govern­ be extended to all Jews living in Syria, tection from balanced billing that Con­ mental Affairs Committee be author­ and the Syrian Government must pro­ gress intended. I commend the chair­ ized to meet on Friday, March 5, at 9:30 vide permission for the reunification of man of the Aging Committee, Senator a.m. for a hearing on S. 420, the Ethics divided families. There can be no nego­ PRYOR, for his continuing efforts to fix in Government Reform Act and S. 79, tiating on this issue. I join with all this problem. the Responsible Government Act. those concerned about the plight of Several years ago, Congress enacted The PRESIDING OFFICER. Without Syrian Jews to urge the Syrian Gov­ changes to the Medicare Program in­ objection, it is so ordered. ernment to end this policy of discrimi­ tended to protect senior and disabled nation and oppression.• citizens from excess charges by limit­ ing the fees a physician may charge a ADDITIONAL STATEMENTS Medicare beneficiary above the amount A TRIBUTE TO ANNE R. JOSEPH received from Medicare. The practice • Mr. McCONNELL. Mr. President, I of charging above the Medicare ap­ DISCRIMINATION AGAINST SYRIAN rise today to pay tribute to Anne R. proved amount is called balanced bill­ JEWS Joseph, a Kentucky resident who was ing. I have been working to stop the • Mr. LAUTENBERG. Mr. President, I recently honored with the Food Re­ practice of overcharging and to ensure rise today to speak out on behalf of the search and Action Center's Raymond that Medicare beneficiaries are re­ 1,400 Syrian Jews not permitted to emi­ M. Wheeler Award for Distinguished funded their money. Last Congress, I grate from Syria. March 6, 1993, has Service in Fighting Hunger in America. initiated a letter signed by Senators been designated as the Shabbat Re­ Ms. Joseph has dedicated her life to DURENBERGER, ROCKEFELLER, MITCH­ membrance Day for Syrian Jewry, and the battle against hunger in Kentucky. ELL, and GRAHAM to the Acting Admin­ people around the world have been During the 1970's, she organized the istrator of the Health Care Financing asked to show solidarity with op­ Kentucky Task Force on Hunger which Administration asking that this impor­ pressed Jews in Syria. I join in this was founded to alienate hunger and tant provision be enforced and that re­ cause. poverty in Kentucky. In 1977 she as­ funds be made to Medicare bene­ In April1992, the Syrian Government sisted in preparing the Food Stamp Act ficiaries. began allowing Jews to leave the coun­ which made the Food Stamp Program Balanced billing is the term used try. This decision was well received in accessible to needy Americans. when a doctor charges more than the both the Congress and the Bush admin­ Ms. Joseph's fight against hunger Medicare-approved amount and bills istration, and 2,500 of the 4,000 Syrian continued in the 1980's. During this this amount to the beneficiary. Provid­ Jews arrived in the United States. decade, she organized the Kentucky ers who are Medicare participating However, since October 1992, very few Action for Human Needs, an organiza­ physicians agree not to balance bill at exit permits have been granted. De­ tion dedicated to minimizing budget all, however, not all providers choose spite reassurances from the Syrian cuts in Kentucky. She also formed the to participate. Government that the travel policy for Kentucky Welfare Reform Coalition, The additional costs of balanced bill­ Jews has not changed, only a small which influenced Kentucky legislators ing are a financial burden to Medicare number of individuals have been per­ to pass welfare reform measures. Ms. beneficiaries. Out-of-pocket balanced mitted to leave in the past months. Joseph takes her work to a grassroots billing costs, Medicare part B insur­ The conditions in Syria for those who level, educating many communities ance premiums, 20 percent copays for remain have not improved either. The and building local support for her Medicare services and the yearly de­ Syrian secret police-Mukhabarat-en­ antihunger, antipoverty campaign. ductible plus any other medical need gage in around-the-clock surveillance Today, Ms. Joseph serves as the di­ that is not covered by Medicare such as of the Jewish quarter and keep a file on rector of the Kentucky Task Force on eyeglasses and prescription drugs all every Jewish person. The Mukhabarat Hunger. In this position, she has tire­ add up to make health care increas­ monitors all contacts between Jews lessly served the people of Kentucky as ingly unaffordable for many bene­ and foreigners. They also read Jews' she tries to end hunger in the State ficiaries. mail and wiretap their phone conversa­ and in the country. Beyond this job, Congress passed legislation, as part tions. she serves on the Welfare Reform Task of the physician payment reform pack­ In Syria, there are no secondary Force of Kentucky, Kentucky Tomor­ age of the Omnibus Budget Reconcili­ schools for Jewish education. The ele­ row, People's Committee, Kentucky ation Act of 1989, to protect Medicare mentary schools are supervised by Advisory on the Homeless, and the beneficiaries from excess Medicare Moslem headmasters, and instruction Kentucky Association of Older People. charges. The legislation established in Hebrew, oral or written, is abso­ Most importantly, she is considered a limits on the amount physicians could lutely prohibited. Mr. President, the trusted friend and adviser in the march charge above the Medicare approved Jews in Syria don't want to live in this against hunger. amount. In 1992, the limit was 120 per­ environment and must be permitted to Mr. President, I honor Ms. Joseph for cent of the approved Medicare charge travel. her dedication to making Kentucky and has been lowered to 115 percent for On December 9, I sent a letter to Am­ and the United States a better place to 1993. Despite these limits, there have bassador Walid Al-Moualem expressing live. I join the Food Research and Ac­ been numerous reports of physicians my concern over the change in policy tion Center in recognizing her for her charging above the set limits. This ex­ and calling upon his government tore- many outstanding contributions to our cessive charging must stop. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4343 In the past, Medicare beneficiaries the theory that a man on horseback Eyebrows," bluntly asked, "How in the who have been billed in excess of these should be able to ride between his world, people want to know, can a town with limits have had little recourse. The courthouse and home within a day. a population of 750 stick its neck out that Hancock County ushered in the in­ far?" Health Care Financing Administration "My Lord, it was on the first page of the does not have a formal process of noti­ dustrial age in the 1960's. City officials Wall Street Journal at the time," said Sam fying physicians or beneficiaries of lured several aluminum factories to Pell, who was Lewisport's ml'l.yor and is now overcharges. In many cases both bene­ the area by offering $50 million in in­ city manager. "It was the largest bond issue ficiaries and physicians are unaware of dustrial revenue bonds, as well as an in the country." the overcharges. override of property taxes during the Hancock County soon followed with a simi­ The Health Care Financing Adminis­ first years of operation. Although the lar build-to-lease deal that landed National­ tration currently monitors compliance bond issue raised eyebrows and drew Southwire Aluminum Co. Both facilities­ national attention to Hancock County, the Harvey plant, now owned by Common­ through use of back sampling of the wealth Aluminum, and the plant known sim­ previous 6-month claims. This compli­ local residents persevered and today ply as NSA-are now on the county's prop­ ance monitoring method identifies the benefit from a prosperous manufactur­ erty tax rolls. problem only when the harm has al­ ing community. "We have a total population of 7,864, and ready been done and only for that sam­ I applaud Hancock County's courage we have over 3,000 industrial jobs here," ple of claims. Since the Health Care Fi­ to take great risks to ensure stable em­ boasted Hancock County Judge-Executive nancing Administration does not have ployment and a bright future for resi­ Danny Bolling. the statutory authority to require phy­ dents. Indeed, Hancock County has thrived since sicians to refund Medicare bene­ Mr. President, I ask that a recent ar­ the 1980s, when most of the factories arrived. ticle from Louisville's Courier-Journal The school district levied a 3 percent utility ficiaries who have been charged in ex­ tax that brings in as much as $1 million of be submitted in today's RECORD. cess of the limits, beneficiaries are left the system's $7 million budget. on their own to recoup for overcharged The article follows: "When KERA (the education reform act) services. HAWESVILLE came out, they had the basic state funding, Mr. President, the Medicare Bene­ (By Cynthia Crossley) and then Tier I and Tier II, which doesn't get ficiary Payment Protection Act of 1993 On a cold, rainy New Year's Day in 1948, any state matching funds.* * *And we were would address these problems. This leg­ two men boarded a ferry boat for a duel in already way into Tier II funding," said Tom islation directs the Secretary of the the middle of the Ohio River. Skiratko, Hancock's interim superintendent. On one side was Roscoe Downs, editor of "The utility tax and presence of industry in Department of Health and Human the Hawesville-based Hancock Clarion. On our community has put Hancock County at Services to review each non-Medicare the other, Lee Huber, editor of the Cannelton the top or near the top of the list in many, participating physician claim prior to (Ind.) News. Dozens of spectators sailed with many categories." payment. This proactive measure will them. Under superintendent Vickie Basham, now prevent beneficiaries from being over­ "That ferry could hold 18 cars, and it was with the state Department of Education, the charged. This legislation will also packed with people," said Donn Wimmer, 1,600-student school system published a publisher of the Hancock newspaper, who slick, 12-page booklet showing students grant the Health Care Financing Ad­ was there. "It was a big publicity stunt." ministration the authority to require working at rows of computers and with a Once and for all they would settle their robotic arm. physicians to repay excess charges and running dispute over which community Hancock County High School fields golf, will establish formal procedures by owned bragging rights to the title, "Sor­ tennis, track, football and baseball teams for which providers and beneficiaries are ghum Capital of the World." If Downs lost, it boys, and girls' softball team and boys' and notified of overcharging. The Medicare could mean trouble for the annual Hancock girls' basketball teams. It has an assessment Beneficiary Payment Protection Act County Sorghum Festival, not to mention a lab to test the best ways individual students will also establish a beneficiary advi­ sticky situation for the sorghum cooperative learn. that shipped more than 500,000 gallons a year In 1978, county officials moved out of the sory committee to the Health Care Fi­ to grocery stores. nancing Administration to give bene­ courthouse and into a more spacious, three­ But the five judges issued a creative "deci­ story building set on a rise that gives some ficiaries formal access to the Health sion" that sidestepped the issue: Hancock offices a panoramic view of the town and the Care Financing Administration. County had the best sorghum south of the Ohio River and the bridge to Indiana. Mr. President, beneficiary protec­ Mason-Dixon line, and Indiana's Perry Coun­ The old courthouse, saved from destruction tions, including limits on balanced bill­ ty had the best north of the Mason-Dixon by former judge-executive Jim Fallin's tie­ line. ing, are essential to the quality of care (They probably meant north and south of breaking vote, as remodeled and refurbished. in the Medicare Program. This legisla­ the Ohio River. The Mason-Dixon line runs It now boasts a modern courtroom that in­ tion will provide the Health Care Fi­ along the Pennsylvania-Maryland border.) cludes a video system, allowing jurors to nancing Administration with the tools Like many communities, Hawesville and view exhibits on individual monitors. It also necessary to implement the intent of Hancock County have gone through different houses paintings of county landmarks by eras. Before its sorghum era, there was a well-known Kentucky artists. Congress. I look forward to working West of Hawesville lies the county-owned, with the Members of this distinguished coal-mining era, until the coal played out. The town's location on the Ohio River made 340-acre Vastwood Park, purchased in 1975. It Chamber and the administration to it a steamboat center, until the railroads includes a 19-acre lake complete with a small enact this worthy piece of legislation.• took over. sand beach, a bathhouse and showers. The Now Hancock County is enjoying an indus­ park also has hiking trails, a playground, trial era, although none of the industries are picnic sites, tennis courts, basketball courts, A TRIBUTE TO HANCOCK COUNTY within Hawesville. baseball and softball fields and a carryout • Mr. McCONNELL. Mr. President, I But, adds Robertson, most people in town pizza restaurant, the Galaxy. rise today to pay tribute to Hancock think in terms of Hancock County, and, But the industries aren't a panacea. Unem­ County in northwestern Kentucky. therefore, what's good for Hancock County is ployment in Hancock County in recent years good for Hawesville. has hovered between 8 percent and 9 percent Hancock County is a small area lo­ Hancock's industrial age was ushered in by before the 1991 closing of a fifth aluminum cated about 100 miles west of Louisville Lewisport, which is not hamstrung by topog­ plant. Alumax, pushed the rate up to as high on the Kentucky-Indiana border. The raphy. in 1962, officials announced that as 12 percent. county is home to two towns, Lewisport, population 750, would issue $50 And there is disagreement over whether Hawesville and Lewisport, which are million in industrial revenue bonds to build the industries have hired enough Hancock nestled among rolling hills that extend a rolling mill for California-based Harvey residents. to the flat bottoms of the Ohio River. Aluminum. Harvey would lease the building That may be the result of two efforts. Hancock County was created in 1829 for 25 years, and its rent would cover prin­ One, Hancock Fiscal Court recently adopt­ cipal and interest on the bonds. Harvey ed the attitude with industry that "we'll and named for John Hancock, a signer would not have to pay property taxes during start helping you when you start helping of the Declaration of Independence. the leasing period. us," Newton said. The founding fathers of Hancock Coun­ The Courier-Journal, in a Nov. 11, 1962, Second, the county has joined with the ty laid the plans for the county under story headlined "Lewisport's Bonds Raise school system and local industry to create a 4344 CONGRESSIONAL RECORD-SENATE March 5, 1993 training program called "Tech Prep." The deposits, the Civil War and the discovery of As chairman of the Senate Banking award-winning project teaches students 10 oil in Pennsylvania. Local lore says Queen Committee, I am well aware of the im­ courses, ranging from introduction to com­ Victoria burned the coal in hanging baskets portant role of computer and informa­ puter technology to work ethics, that would at Buckingham Palace. The site of the old make local graduates more attractive to mine is still known as Victoria Crossroads. tion technology in the financial serv­ local industries. Hancock County, named for John Hancock, ices industry. Financial services is one However, the industries recently started to a signer of the Declaration of Independence, of the largest users of computer and challenge the utility tax rate that helps sup­ was created in 1829 on the theory that a man telecommunications products and serv­ port the schools. If they succeed, said on horseback should be able to ride between ices. Skiratko, Hancock schools may lose a sig­ his courthouse and home within a day. Some All aspects of financial services have nificant chunk of income. natives say the county was "pinched off' been touched by the explosion in infor­ There is also concern that Hancock County from Breckinridge, Daviess and Ohio coun­ mation technology. From computer­ is becoming just a place that people drive ties, and they call the southeastern-most through. Carol Boling, a Lewisport attorney, corner "Pincheco." If you're down there and ized recordkeeping of accounts to net­ says she can look out her office windows ask directions to Pincheco, the answer is al­ works to connect ATM's to a bank's each weekday and see a mini rush hour along ways, "It's just over the next hill." centralized computer, banks and bank u.s. 60. Hancock County has produced some fa­ customers rely on modern information All those people are taking their pay­ mous river racers. In 1870, Capt. John Can­ technology. Retail establishments and checks home to other counties, Boling says. non won a famous race with a steamboat he credit card users rely on a sophisti­ She can list business after business that has built and owned, the Robert E. Lee. His boat raced the Natchez, captained by a fellow cated telecommunications network to opened, struggled and failed in Hancock verify transactions and reduce fraud. County. A dress shop, an arts-and-craft Kentuckian, Capt. Thomas Leathers, be­ store, Drug stores. Restaurants. Movie thea­ tween New Orleans and St. Louis. The Rob­ International financial transactions ters. Others note there's not even a fast-food ert E. Lee beat the Natchez by three hours speed across the boundaries of geog­ restaurant willing to stake a claim in Han­ and 20 minutes. Between 1962 and 1968, Bill raphy at a rate unimagined a decade cock County. Starett, Sr. won national hydroplane cham­ ago. Throughout the financial services Road improvements made the problem pionships with his hydroplane, the Miss industry, information technologies worse, some say. When U.S. 60 was improved Crazy Thing, before becoming the pilot of have been used to provide expanded to a straighter, safer two-and four-lane road, the Miss Budweiser. Starett, who lived in Owensboro most of his life, died in Decem­ services and increase productivity. a trip to Owensboro's shopping malls became Yet, this is an industry under severe an easy 20-minute drive. Then the toll was ber. Local histories say Abraham Lincoln ar­ international competitive pressures. If removed from the bridge linking Hawesville gued his first law case in Hancock County, in with Cannelton and Tell City in Indiana, and the U.S. financial services industry is 1827. At the time he was working in Spencer to remain competitive in the new glob­ some Hancock shoppers started making the County, Ind., for operators of an Ohio River trip over there. ferry. One day, while his employers were at al economy, it must make even more "The best thing that could happen to Han­ lunch, two salesmen asked Lincoln to take productive use of the emerging infor­ cock County would be to dynamite two them in a flatboat to the middle of the river mation technologies. bridges," said Newton, referring to a U.S. 60 to catch a steamboat. He did, and received a This is where the national informa­ bridge at the Daviess County border and the dollar for his work. His employers brought tion infrastructure development pro­ Ohio River bridge at Hawesville. Lincoln before Samuel Pats, a justice of the gram and especially our national lab­ On the other hand, Newton acknowledges peace, on charges that Lincoln had infringed that the same road improvements might help oratories comes in. The national labs on their franchise. Lincoln argued that he are an important technological re­ Hancock in the future. Already under con­ had not taken anyone "over" or "across" the struction is an improved U.S. 60 for the east­ river but merely to the middle. That was not source that we must tap into. S. 473 ern half of the county. The result will be a a violation, he argued, because in Kentucky greatly strengthens the ability of our straighter, safer "super two lane" highway, law, as in pregnancy, there was no such national labs to engage in joint indus­ improving access that could help lure indus­ thing as a partial occurrence. Pats agreed, try/government research programs. try to Hancock County. and Lincoln won his first case. The inclusion of financial services, spe­ No one, however, pines for a lot of growth. Local historians Jack and Millie Foster Just enough, perhaps, to give Wimmer a lit­ cifically data security and data-base joke that the county's museum, located in management issues, to the list of types tle more grist for his newspaper. the old train station, is unique because it "We're a pretty typical small town-quiet, has a living exhibit. The town's checkers of projects authorized will greatly fa­ low crime rate," Wimmer said. "Sometimes club consists of a group of retired gentlemen cilitate action on these important re­ it's pretty hard to get a newspaper out. We who convene daily to play checkers or search questions. have to rake and scrape the news.'' cards.• I would like to thank Senator JOHN­ Education: Hancock County schools (1,600 STON and his staff at the Energy Com­ students). Brescia, Kentucky Wesleyan and mittee for their attention to this mat­ Owensboro Community colleges are approxi­ NATIONAL INFORMATION INFRA- mately 26 miles west in Owensboro. The Uni­ ter. I am convinced that working in an STRUCTURE AND FINANCIAL industry/government partnership, the versity of Evansville and the University of SERVICES Southern Indiana are approximately 55 miles national labs and the financial services northwest in Evansville. • Mr. RIEGLE. Mr: President, on industry can harness the power of the Transportation: Air-Hancock Field's March 2, Senator JOHNSTON, the chair­ emerging high-performance computing 5,000-foot paved runway is three miles north man of the Energy and Natural Re­ and high-speed data networking tech­ of Hawesville. Nearest passenger service is 25 sources Committee, and a number of nologies to improve the performance miles away at Owensboro-Daviess County colleagues, introduced S. 473, the De­ Airport, or 68 miles away at Evansville (Ind.) and competitiveness of our economy.• Regional Airport. Rail-CSX Transportation, partment of Energy National Competi­ tiveness Technology Partnership Act of Water-the Ohio River; Owensboro's ARMS CONTROL NEEDED NOW Riverport Authority is 25 miles downstream. 1993. Section 5 of that legislation deals Trucks-23lines serve Hancock County. with the national information infra­ MORE THAN EVER Topography: Hancock County's rolling structure development program, as cre­ • Mr. BUMPERS. Mr. President, today hills provide scenic views of Indian and the ated in the High-Performance Comput­ I want to say a few words about one of Ohio River near Hawesville, then give way to ing Act of 1991-which was developed the most important agencies in our flat river bottoms near Lewisport. and championed by our former col­ Government: The U.S. Arms Control FAMOUS FACTS AND FIGURES league Vice President AL GoRE. I am and Disarmament Agency [ACDA]. In the 1800's, Hancock County produced pleased to say that Senator JOHNSTON 's Establishment of ACDA was one of "The Ideal Fireplace Fuel"-clean-burning legislation contains a suggestion of the highest achievements of President coal known as cannel coal. It was easy to mine to include the area of financial John F. Kennedy. He created it to light and burned with a steady flame-like a candle or " cannel." It became so popular services in the list of the authorized re­ make a dangerous world less dan­ that British businessmen came to Kentucky search project with respect to high-per­ gerous; to control, reduce, and elimi­ to mine the coal. But by 1900 Hancock's can­ formance computing and high-speed nate the spread and existence of weap­ nel coal industry was dead, killed by small data networking technologies. ons of mass destruction. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4345 Today, the world is at least as dan­ In all of these, the State Department COSPONSORSHIP OF S. 391 gerous as it was then, though for dif­ will be tempted to give first priority to • Mr. DURENBERGER. Mr. President, ferent reasons. Technology has made smooth Government-to-Government re­ I rise today to cosponsor legislation in­ the design and construction of mass de­ lations. The Commerce Department is troduced by my friend and colleague struction weapons more easily avail­ going to give first priority to profitable from Arizona, Senator McCAIN. S. 391, able to more people. International ter­ exports. As I said, that is fine. That is the Indian Tribal Government Unem­ rorism runs rampant on an unprece­ what we pay them to do. ployment Compensation Act Amend­ dented scale. And the massive nuclear But there has to be some other voice ments of 1993, would begin the process power of the former Soviet Union is at the table to stand up and say, "Mr. of correcting a serious oversight in the now in the hands of not one but several President, if you do that, you'll risk way the Unemployment Tax Code countries, all of them under severe eco­ putting country X closer to nuclear treats Indian tribal governments nomic and political stress. weapons capability, and here's why. We throughout the United States. I am co­ Mr. President, if ACDA did not exist, think that's a bad idea, and here's sponsoring this legislation with the un­ we would be here today trying to in­ why." derstanding that the Joint Tax Com­ vent it. President Clinton may or may not mittee will find the bill to be revenue Arms control is like neurosurgery. It give priority to arms control in any neutral. is no place for beginners. It is one of particular case. But he needs to hear Mr. President, the Federal Unem­ the most complicated things you can all sides so he can make an informed ployment Tax Act [FUTA] involves a imagine. joint Federal-State taxation system ACDA is the only body in this Gov­ choice. With ACDA at the table, he will hear the case for arms control. Without that levies two taxes on most employ­ ernment that stands up as an independ­ ers: a 0.8 percent Federal unemploy­ ent voice for arms control. ACDA, he will not. No State Depart­ ment Deputy Assistant Secretary is ment tax and a State unemployment There are those who say ACDA tax ranging from near zero percent to should be disbanded, merged into the going to tell the President the Sec­ retary of State is mistaken. more than 9.0 percent. Since its enact­ State Department. I believe they are ment in 1935, FUTA has treated Fed­ wrong. Let me explain why. I have heard the claim that we can The purpose of the State Department save money by folding ACDA into eral, State, and local government em­ is to help create and maintain good re­ State. That is nonsense. ACDA's ex­ ployers differently from private com­ lations with foreign governments. That perts are not duplicated in any other mercial business employers. It exempts is fine; that is their job and they do it agency and we will have to keep them. all foreign, Federal, State, and local well. But sometimes this clashes with All that will do is take the same people government employers from the 0.8 the need to control weapons of mass put a different label on them. But they percent Federal FUTA tax and allows destruction. will be part of a larger, less efficient, them to pay lower State unemploy­ Here's an example: When the Non­ less dedicated organizational structure. ment taxes. The same is true of tax-ex­ Proliferation Treaty was proposed in We will be paying at least as much and empt charitable organizations. All the Kennedy administration, the State getting a lot less. other private sector employers pay Department opposed it because it Mr. President, ACDA needs rejuvena­ both the Federal and State FUTA tax might offend some of our allies who tion and revitalization. During the rates. The FUTA statute, however, might want their own nuclear weapons. Reagan administration, it was under­ does not expressly include tribal gov­ ACDA said no, the fewer nations with mined by those who just did not think ernment employers within the defini­ nukes the better. ACDA prevailed, and arms control was a good idea. But now tion of governmental employers, even has been vindicated by history. If there that undermining is gone, and those though tribal governments are sov­ had been no ACDA, today we would see who did it are gone. Our job is to con­ ereign governmental entities under the the nuclear weapons club many times tinue the work begun by President law. larger than it is. In recent years, tribal governments Kennedy. It is not to finish the work of have been subject to differing interpre­ Here is another example: When it be­ those whom the American people re­ came clear that Pakistan was going for tations over whether and how they are jected in November. covered under FUTA. As one might ex­ nuclear weapons, the State Depart­ As a member of the Senate Appro­ ment said, we do not want to offend the pect, Mr. President, this has led to Pakistani Government, so let us find priations Committee, I do not like some confusion among tribal govern­ ways around the Pressler amendment, spending money. But the $46 million we ments about what they are required to let us find ways to keep giving them spend on ACDA this year will come pay. In some cases, tribes have not aid anyway. ACDA said no, the law back to us many times over in the form paid, assuming that they were exempt says Pakistani nukes and United of weapons not proliferated, weapons and subsequently have been inves­ States aid do not mix. ACDA prevailed, limited, weapons destroyed. We are tigated and harassed by the Internal and was again vindicated by history. talking about an annual budget less Revenue Service [IRS]. Here is a third example: When the than one-tenth the cost of one B-2 This is currently the situation in Reagan administration tried to violate bomber. That is good value. Minnesota, where one of the latest the ABM Treaty by distorting what it The State Department inspector gen­ tribal governments to get caught in said, the general counsel of ACDA was eral has recommended that ACDA be the middle of these conflicting inter­ the only one with the guts to say no, revitalized. So has a very detailed re­ pretations is the Red Lake Band uf you cannot do that; you cannot violate port by the Stimson Center. I agree. Chippewa Indians. The Red Lake tribal a treaty just because you do not like I urge the White House to begin government is the main employer on it. This became the position taken by ACDA revitalization on the most expe­ its reservation in northern Minnesota. Congress-and again, history has prov­ dited basis. The first step is to appoint For years it has operated under the as­ en ACDA right. a director with the status and access sumption that it is treated under This kind of situation is going to needed for the very difficult challenges FUTA as a sovereign governmental en­ come up again. President Clinton is that lie ahead. If congressional action tity that is exempt from all unemploy­ going to be dealing with START, the is needed in support of ACDA revital­ ment taxes. chemical weapons convention, and the ization, I stand ready to offer my full As a result, most of its employer sub­ nonproliferation review. He is going to cooperation. divisions opted out of the State pro­ begin negotiations toward a com­ In closing, Mr. President, ACDA is grams and therefore did not contribute, prehensive nuclear test ban. He is one of our best tools for making these and those former tribal government going to have the most difficult high­ perilous times less perilous. We need it employees who are otherwise eligible technology export control decisions to as never before, and I for one intend to have correctly been denied benefits by make. support it.• the State because they worked for an 4346 CONGRESSIONAL RECORD-SENATE March 5, 1993 exempt employer. Last year, the IRS celebrating its 11th year of existence, ORDER FOR RECORD TO REMAIN made it clear that it intends to levy a the LAHC has provided various pro­ OPEN UNTIL 2 P.M. large assessment against the Red Lake grams for Lebanese youth, including Mr. PRYOR. Mr. President, I ask tribal government for unpaid unem­ educational scholarships, public speak­ unanimous consent that the RECORD re­ ployment taxes. ers, and an overall positive example to main open today until 2 p.m. for the in­ Mr. President, particularly troubling direct youth into professional and pro­ troduction of statements and legisla­ about this situation is the fact that ductive careers. tion. under FUTA's unique enforcement The LAHC has also effectively pro­ The PRESIDING OFFICER. Without mechanisms, none of the assessed funds moted cultural awareness in and objection, it is so ordered. collected would return to former em­ around the city of Dearborn, where the ployees in the form of benefits, nor to club was founded. Programs for its own the State of Minnesota. Instead, FUTA members, as well as citizens of the gen­ requires the funds to go into the U.S. eral community, have espoused the ORDER OF PROCEDURE Treasury. sharing of cultural history and values. The bill I am cosponsoring today Today, a communications and media Mr. PRYOR. Mr. President, I now ask would address the problem for Red department allows the LAHC to extend unanimous consent that Senator WAR­ Lake as well as resolve this matter na­ this important message even further. NER and Senator D'AMATO be recog­ tionwide for every tribal government. As a means of strengthening and nized to address the Senate, and that It merely clarifies the law with respect uniting their community in the United at the conclusion of their remarks the to treatment of tribal governments. States, members of the LAHC take Senate stand in recess as ordered. This past spring, the State of Min­ time to honor their homeland. One of The PRESIDING OFFICER. Without nesota amended its State unemploy­ the main events designed to commemo­ objection, it is so ordered. ment compensation law to treat tribal rate the Lebanese heritage is the year­ Mr. WARNER addressed the Chair. government employers the same way it ly communication of Lebanon's Inde­ The PRESIDING OFFICER. The treats State and local governmental pendence Day, November 22, 1943. Al­ Chair recognizes the Senator from Vir­ employers. The State conditioned its though this day in 1993 will represent a ginia. changes upon similar actions being moment to celebrate Lebanon's half Mr. WARNER. I thank the Chair. made in Federal FUTA law by Con­ century as an independent state, it also Mr. President, it is a pleasure for me gress. This State action is persuasive will represent a moment to acknowl­ to appear with my good fr:lend to wrap evidence that some State governments edge present-day challenges and to up this session today. are interested in working with tribal commit ourselves to helping Lebanon governments and the Congress to solve eliminate the presence of foreign mili­ THE BUDGET this problem. tary forces. Mr. President, I am proud of the lead­ Today, as Lebanon finally begins to Mr. WARNER. Mr. President, as I ing role that both the Red Lake Band take the first hesitant steps toward re­ mentioned in my earlier remarks, the of Chippewa Indians and the State of storing its sovereignty, political inde­ Senate was privileged today to receive Minnesota have played in this State­ pendence, and territorial integrity, the remarks of our distinguished chair­ level effort and commend them for members of the LAHC stand with the man of the Senate Armed Services their efforts. I am also proud to be a citizens of Lebanon as they struggle for Committee, the Senator from Georgia cosponsor of this important companion freedom and democracy in their home­ [Mr. NUNN]. legislation.• land. It remains their most profound He specifically dealt with his analy­ wish that Lebanon will once again be a sis of that body of facts that is avail­ beacon of light shining through the able today regarding the future budg­ LEBANESE-AMERICAN HERITAGE ets of the Department of Defense. I say CLUB OF DEARBORN, MI often turbulent region in which it is lo­ cated-once again a place known as the "that body of fact." Understandably, • Mr. RIEGLE. Mr. President, the Switzerland of the Middle East. the President and the Secretary of De­ State of Michigan is home to the larg­ Last November, on the occasion of its fense, and now the Deputy, just con­ est Arabic-speaking population outside lOth anniversary, the Lebanese-Amer­ firmed by the Senate, Dr. Perry, are of the Middle East. Numbering well ican Heritage Club reaffirmed the goals considering at this very moment the over 400,000, this group of individuals of its founders. With emphasis on com­ dollar line for the future budgets; and has contributed positively and pro­ munity and unity, the organization is within that dollar line, the impact on foundly to the development of commu­ determined to set forth on new mis­ the several military departments and ni ties in Michigan. sions with new purpose. Nevertheless, other entities within the Department One of the first Arabic-speaking im­ as the Lebanese-American Heritage of Defense as a whole. migrant groups to reach the shores of Club revitalizes itself and its activi­ I commend that speech by Senator America traces its ancestry to the ties, its members always keep sight of NUNN to all Members and, indeed, all country of Lebanon. Enriching the their Lebanese heritage. As stated by others who have an interest in the fu­ State of Michigan in numerous ways, Khalil Gibran and quoted on the motto ture of the Department of Defense and, Lebanese-Americans have been in­ of the LAHC publication: most specifically, the future of our Na­ volved in society at all levels. They Be proud of being an American, but also be tion's defense. have contributed not only in their tra­ proud that your fathers and mothers came I had the opportunity to talk about ditional community-oriented role but from a land upon which God laid His precious the several elements of this speech also in the fields of education, political hand and raised His messengers.• with the distinguished chairman ear­ life, and economic development. In ad­ lier this week. I wish to associate my­ dition, they have remained a dynamic self with the remarks in his speech. people and add in an innovative man­ I should be giving a similar speech ner to the development of this Nation's MEASURE PLACED ON CALENDAR myself on Monday in Virginia. I would multicultural mosaic. Mr. PRYOR. Mr. President, I ask urge other Senators to address their re­ A mainstay of the Lebanese legacy in unanimous consent that H.R. 904, a bill spective States at the earliest oppor­ Michigan was established in November relating to the National Commission to tunity because the magnitude of the 1982. Founded by Mr. Ali K. Jawad, the Ensure a Strong Competitive Airline cuts that are likely to be brought on Lebanese-American Heritage Club Industry just received from the House the Department of Defense, in the judg­ emerged first as a sports organization be now placed on the calendar. ment of the chairman and myself, are and later as a very productive and in­ The PRESIDING OFFICER. Without going to be far greater than those pro­ fluential community group. Already objection, it is so ordered. jected by anyone to date-far greater. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4347 If you look closely at the facts in about those concerns that we have can provide for ourselves and for our Chairman NUNN's speech, which were about the welfare of the men and allies and for others. We will remain coordinated with my staff, most nota­ women of the Armed Forces, about the that. That is the desire of every Amer­ bly, Colonel Brownlee, the projected need to maintain a strong military ican citizen, to have this country re­ reductions are far greater than any of here in the United States, and to equip main strong. us anticipated earlier. them in a manner second to none in Mr. President, I question whether we But within the budgets for the fiscal the whole world. The President lis­ can remain the superpower in physics years 1993-97, we will first face the re­ tened, and listened very carefully. He and technology, and the motivation be­ ductions as committed to the Nation had few remarks in reply, specifically hind the super collider is to keep by President Clinton during his cam­ on defense. But those that he did make America out in front. paign of $60 billion; then a fiscal 1993 with regard to defense conveyed to me Yes, I would like to stay out in front. congressional reduction by this body the impression that President Clinton But I do not know that we can be the and the House of $7.4 billion; a Depart­ is going to look very responsibly at superpower. Yes, I would like to stay ment of Defense share of a proposed these problems outlined earlier today out in front of space research. But I do Governmentwide pay freeze of $18 bil­ by Senator NUNN, and to an extent by not know that we can be the super­ lion; an offset for underfunded pro­ myself here in these brief remarks. power above all others in space. grams-! underline "underfunded". Mr. President, the reason that I have I am more concerned that we be a su­ Because projected savings from man­ raised this issue of the possible larger perpower here at home to take care of agement streamlining and cover up to magnitude of defense cuts than had the basic needs of every American citi­ base closure proposed by the Bush ad­ been anticipated by many of us here­ zen, the basic needs to get through ministration may not be realized, the tofore-was one of the reasons that I each day of life. That is where we have defense budget may have up to $10 bil­ joined with the senior Senator from to be a superpower. So I opt for super­ lion of the projected savings that is not Arkansas [Mr. BUMPERS]; the Senator power No. 1, in terms of our national achieved. from Maine [Mr. COHEN]; the Senator security and defense, and since we President Bush, with a clear con­ from Tennessee [Mr. SASSER]; and oth­ can't be a superpower in all 4 areas I science at the time he made it, made ers, to propose a week ago that Presi­ have mentioned, I believe we should be his best projections. But as we look at dent Clinton reconsider the projected a superpower to our own citizens to them today, they will fall short of the expenditures by this country for the provide for their basic needs. I think recoupments that he had projected. space station and the supercollider. we may have to yield, perhaps, to oth­ In addition, as a result of adjusting There is an enormous amount of ers, if they so desire, other nations to economic inflation factors, the defense money within these two programs. attain superpower status in a narrow budget would be reduced by another $42 Having yesterday met with the head of area of physics research, and in a space billion. Because $15 billion is to be the GAO, Mr. Bowsher, and his prin­ program which is questionable in terms added back to pay for some funding cipal deputy for national security pro­ of the dollars that will be involved, and shortfalls, the net reduction to the de­ grams, I am writing today to ask that questionable in terms of the value of fense budget due to economic adjust­ the GAO perform an analysis of both of this country. ment would be $27 billon. those programs to determine exactly Mr. President, I will be addressing in Added to that, Mr. President, there the benefits that are likely to flow to Virginia on Monday our State's Com­ are other costs should various sections our national defense and our national mission on Defense Conversion. That is of what we now refer to as President security if they are completed. a subject that the Armed Services Clinton's economic package be accept­ My initial analysis of such facts, as I Committee has been dealing with now ed by the Congress. have indicated, is that there is very lit­ for better than a year. Senator BINGA­ There is a fuel tax, which is likely to tle benefit that would be derived from MAN has been a leader on that issue, to­ have an impact on the Department of either of these programs that would di­ gether with others. This commission in Defense, since the Department of De­ rectly enhance our national security. Virginia has done a very valuable se­ fense is one of the largest-if not the If we are to experience such cuts of ries of hearings across our State in largest-consumer of fuel in the United the magnitude as outlined by Chair­ Tidewater, in northern Virginia, down States. There may be some offsets for man NUNN this morning, then we must in our Ninth District, Radford, and in it. But these are the types of moving look at every means possible to make Richmond. Their purpose is to alert budget items that have to be focused additional cuts in the budget so that our industry as to the projected levels upon by the Secretary of Defense and the projected cuts in defense do not, in of government spending-as well as the the members of the Office of Manage­ a manner that would be unacceptable projected level of cuts and how these mEmt and Budget as they grind out the to this Senator and I am sure many industries can still hopefully maintain details of the final Department of De­ others, impact our defense and a posture in defense, but at the same fense budget. weaken it. time, if necessary, convert to non­ I am concerned, and the speech by So that is added reason. I hope that I defense work. Senator NUNN this morning sent a shot get the reply from the GAO in time, I commend Governor Wilder and across the bow of all those working on and I think I shall. It will be made members of the commission and indeed the budget-a friendly shot, not fired available, of course, to the Congress as the head of our State's economic devel­ in anger, but a friendly shot, a con­ a whole so that when this issue comes opment, the Secretary of Economic De­ structive shot, indicating that our up, as raised by the Senator from Ar­ velopment, Ms. Cathleen Magennis, for analysis of such facts as we have in our kansas, myself, and others, about these the work they have done thus far. I possession today could well portend two programs, there will be an outside will have the opportunity to speak cuts of a greater severity than those analysis of the benefits that could or with them, as has Senator ROBB, on anticipated by any of us. could not flow from these programs to Monday. I mention that because this I mentioned earlier here today we defense, so that we can prioritize our commission is due to be disestablished were privileged, the Republicans, to Nation's needs in terms of defense and in March, and I am going to ask the have the U.S. President come to have science, and decide where the cuts Governor to reconsider and keep our lunch with us, albeit a Big Mac, but should fall. State commission viable and in busi­ also we discussed a wide range of issues Mr. President, undoubtedly this ness. I believe the Commission should including defense. Senator COATS pro­ country is now the superpower in the remain operative until such time as pounded questions; I propounded ques­ area of security, be it in the former this budget situation as outlined by tions relating to defense. State of Yugoslavia, in Somalia, or any Chairman NUNN, and others, is clearer, I thought the President took them in other of a dozen places in the world. We until the President and the Secretary very carefully. He listened carefully are looked at for the security that we of Defense have advised the Congress 4348 CONGRESSIONAL RECORD-SENATE March 5, 1993 on the full range of cuts, so that I and recall, that it was in the State of the years from now, when the deficit is $400 other members of the Virginia congres­ Union address, that the President said billion, there is not going to be any de­ sional delegation, working with the that the Congressional Budget Office fense to cut and taxes will already be Governor and this commission, have a would decide what was honest budget­ at a confiscatory level. better understanding of the full impact ing. At that point, what are we going to on our State of Virginia. At that point, there was sort of a do? Well, what we are going to have to We are proud in Virginia that our laughter on the Republican side of the do at that point is, we are going to State has been in the very forefront of aisles, as the distinguished Presiding have to have a crash emergency pro­ those States contributing to our na­ Officer will remember, and the Presi­ gram to reorder Government. It would tional defense, since the inception of dent said, "Well, you can laugh, my fel­ be much easier to cure this disease if this Nation in 1776. We have been low Republicans, but I will point out we started the treatment now by con­ ranked-and we say with great humil­ that the Congressional Budget Office trolling spending. ity and pride-consistently among the was normally more conservative in I oppose the President's budget be­ top four in terms of overall defense what was going to happen, and closer cause it will not create jobs. You can­ spending in any of the several fiscal to right than previous Presidents have not raise taxes and raise spending and years. We are consistently ranked high been." raise the deficit and put more Ameri­ in numbers of military retirees, DOD Well, Mr. President, having estab­ cans to work. civilians and active duty personnel. So lished the Congressional Budget Office I thank the Chair for his indulgence. we have had a long association, the as the judge and jury, yesterday they The PRESIDING OFFICER. The time State of Virginia, with defense. But handed down their verdict. And their of the Senator from Texas has expired. now these cuts, as outlined by Chair­ verdict was a pretty harsh verdict, as man NUNN and others this morning, far as the Clinton budget was con­ could have a very severe impact on our cerned. State, and I think it is imperative that The Congressional Budget Office de­ APPOINTMENTS BY THE VICE the Governor maintain this commis­ termined that the Clinton economic PRESIDENT sion in being, until such time as we program was $107 billion short, over a The PRESIDING OFFICER. The have a better understanding of the spe­ 5-year period, of the level of deficit re­ Chair, on behalf of the Vice President, cifics of the cuts and how they will im­ duction which the President had com­ pursuant to 22 U.S.C. 276h-276k, as pact on the Commonwealth of Virginia. mitted to. That is roughly a one-fifth amended, appoints the Senator from I yield the floor. margin of error in terms of deficit Texas [Mr. GRAMM] as vice chairman of Mr. D'AMATO addressed the Chair. overruns in the President's budget. the Senate delegation to the Mexico­ The PRESIDING OFFICER. The Sen- But it goes beyond just missing the United States Interparliamentary ator from New York is recognized. target. There are several other findings Group during the 103d Congress. Mr. D'AMATO. I thank the Chair. that I think are very important. The Chair, on behalf of the Vice (The remarks of Mr. D'AMATO per­ First of all, you will recall that in President, pursuant to 22 U.S.C. 276d- taining to the introduction of S. 527 are the campaign the President said we are 276g, as amended, appoints the Senator located in today's RECORD under going to get $3 of savings for every $1 from Alaska [Mr. STEVENS] as vice "Statements on Introduced Bills and of taxes. And then, in the confirmation chairman of the Senate delegation to Joint Resolutions.") process, OMB Director Leon Panetta the Canada-United States Inter­ and Senator Bentsen said we are going parliamentary Group during the 103d to get $2 of savings for every $1 of Congress. ORDER OF PROCEDURE taxes. And in the State of the Union Mr. D'AMATO. Mr. President, not­ Address, the President said we are withstanding the previous order, I ask going to get $1 of savings for every $1 unanimous consent that the Senator of taxes. I was already getting worried. from Texas [Mr. GRAMM] be recognized Well, yesterday the Congressional ORDERS FOR TUESDAY, MARCH 9, for 5 minutes and that immediately fol­ Budget Office-the judge and jury, es­ 1993 lowing the remarks of the Senator tablished by President Clinton, to de­ Mr. PRYOR. Mr. President, I ask from Texas the Senate recess under the termine what was honest in budgeting unanimous consent that when the Sen­ order. in America-concluded that the Presi­ ate completes its business today, it The PRESIDING OFFICER. Without dent's budget plan raises taxes by $4.80 stand in recess until 10:30 a.m., Tues­ objection, it is so ordered. for every $1 of spending cuts. day, March 9; that following the The Chair recognizes the Senator The Congressional Budget Office also prayer, the Journal of proceedings be from Texas for 5 minutes. found that defense is cut $2.04 for every deemed approved to date; and following $1 net cut in spending. Because what is the time for the two leaders, there be a happening is, in the President's budget, period of morning business not to ex­ THE BUDGET PROCESS we have a massive increase in taxes, we tend beyond 11 a.m. with Senators per­ Mr. GRAMM. Mr. President, I thank have a dramatic cut in defense, but we mitted to speak therein for up to 5 the Chair for its indulgence and for giv­ have a very substantial increase in minutes each; that at 11 a.m., the Sen­ ing me an opportunity to come over nondefense spending. ate resume consideration of the motion and speak today. Mr. President, basically, I oppose the to proceed to S. 460, with the time be­ Yesterday, the Congressional Budget President's budget not because we do tween 11 a.m. and 12 noon equally di­ Office released its analysis of the not need a budget. We do need a budg­ vided and controlled between Senators President's budget and this analysis, it et. 'I oppose it for two reasons: FORD and MCCONNELL; that at 12 noon seems to me, is very important as we First of all, the only reason to adopt the Senate vote without any interven­ look toward beginning the budget proc­ his budget is to reduce the deficit to ing action or debate on the motion to ess next week. create more jobs. The problem with the invoke cloture on the motion to pro­ First of all, I think it is important to budget is the deficit never goes down ceed to the consideration of S. 460; that remember that President Clinton es­ dramatically and by the fifth year of upon the conclusion of that vote, the tablished the Congressional Budget Of­ the budget it is rising and within 10 Senate then stand in recess until 2:15 fice as the judge and juror in determin­ years the budget is $400 billion bigger p.m. in order to accommodate the re­ ing what real budgeting in America than it is today. spective party conferences. was all about. Second, since we are cutting defense The PRESIDING OFFICER (Mr. DoR­ In fact, I recall vividly, as I am sure to the bone, since we are raising mar­ GAN). Without objection, it is so or­ my colleagues and the American people ginal tax rates to over 40 percent, 10 dered. March 5, 1993 CONGRESSIONAL RECORD-SENATE 4349 RECESS UNTIL 10:30 A.M., NOMINATIONS CONFIRMATION TUESDAY, MARCH 9, 1993 Executive nominations received by Executive nomination confirmed by The PRESIDING OFFICER. Pursuant the Senate March 5, 1993: the Senate March 5, 1993: to the previous order, the Senate stands in recess until 10:30 a .m ., Tues­ DEPARTMENT OF HOUSING AND URBAN DEPARTMENT OF DEFENSE day, March 9, 1993. DEVELOPMENT WILLIAM J . PERRY, OF CALIFORNIA, TO BE THE DEP­ TERRENCE R. DUVERNAY, SR .. OF GEORGIA. TO BE DEP­ UTY SECRETARY OF DEFENSE. Thereupon, the Senate, at 1:32 p.m., UTY SECRETARY OF HOUSING AND URBAN DEVELOP­ THE ABOVE NOMINATION WAS APPROVED SUBJECT TO MENT, VICE ALFRED A. DELLffiOVI, RESIGNED. T HE NOMINEE'S COMMITMENT TO RESPOND TO RE­ recessed until Tuesday, March 9, 1993, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY at 10:30 a .m. CONSTITUTED COMMITTEE OF THE SENATE.