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

Vol. 141 WASHINGTON, TUESDAY, DECEMBER 19, 1995 No. 204 House of Representatives

The House met at 9 a.m. and was just to our south, a friendly neighbor- It is true there are a lot of candidates called to order by the Speaker pro tem- ing country. It is an election that who did not run, for a variety of rea- pore [Mr. GUTKNECHT]. Americans had a great stake in, pri- sons. Primarily the presidential cam- f marily because we have invested on a paign time was a very abbreviated per-capita basis probably more money time. It was about 4 weeks or so, and DESIGNATION OF SPEAKER PRO in that election than any other in re- the campaign tactics themselves were TEMPORE cent history. We have a huge American nearly invisible. There was not a lot of The SPEAKER pro tempore laid be- taxpayer dollar investment there in campaigning, and there was not a lot of fore the House the following commu- the growth of democracy, and I think interest generated in the country as a nication from the Speaker: it is very important that we have a full result through the normal campaign WASHINGTON, DC, assessment of the way the moneys have tactics that you see for a presidential December 19, 1995. been spent and how that tiny nation is election. I hereby designate the Honorable GIL doing on its path to democracy. The fact that much of the loyal oppo- GUTKNECHT to act as Speaker pro tempore on I think the important thing to say sition, including several of its major this day. now is that the good news from Haiti is parties, boycotted the elections is not NEWT GINGRICH, that there is no bad news; but the bad a good sign for democracy. People who Speaker of the House of Representatives. news is there is not much good news ei- feel compelled to go outside the system f ther. and will not participate inside the sys- MORNING BUSINESS Haiti did not have full, fair, free elec- tem and do not feel welcome or feel tions. But they did have a step in the The SPEAKER pro tempore. Pursu- frustrated or feel it is so tilted they right direction because they were able cannot have a fair chance clearly are ant to the order of the House of May 12, to carry out elections on a countrywide 1995, the Chair will now recognize making a statement when they say, basis for a new President without any ‘‘We are being forced outside the sys- Members from lists submitted by the of the violence that we have seen in majority and minority leaders for tem.’’ previous elections in that country. It is also a fact that in Haiti, I think morning hour debates. The Chair will The IRI [International Republic In- voter fatigue is a possibility. They alternate recognition between the par- stitute] was there monitoring the have had a lot of elections, and I think ties, with each party limited to 25 min- progress of their elections, and they that an awful lot of voters are saying utes, and each Member, other than the concluded in the conversations that I the same things to reporters today majority or minority leader, limited to had in a telephone conversation with they were saying to me after the par- 5 minutes. But in no event shall debate our on-the-ground team that what hap- liamentary elections in June, and that continue beyond 9:50 a.m. pened on Sunday in Haiti was impor- is, The Chair recognizes the gentleman tant but it was not conclusive. So I Why should we keep voting for this democ- from Florida [Mr. GOSS] for 5 minutes. think we are in a position now where racy thing? I still do not have a job. I am f we have got a pretty good assessment still hungry. My family is still hungry. I of the electoral process underway, the voted three times. Nothing is better. I am ELECTIONS IN HAITI technical problems they had. What we not sure democracy works. The only thing I Mr. GOSS. Mr. Speaker, while we do not have is a full assessment of know is Aristide is my hero. were at work here this past weekend what happened and where we are going And unfortunately, Aristide was not trying to get out of the budget stale- now to justify the investment of tax- on the ballot because constitutionally mate we are in, there were events payer dollars and the American troops he cannot succeed himself, and a lot of going on in the world that are of very, we have had there and what we should people probably stayed home because very great importance to American in- do next. the person they wanted to vote for they terests. I think it is clear that we had low could not vote for, so they registered In Russia, as you know, there are numbers in the Haitian election both their objection that way. elections there. We are now sifting in terms of candidates who are partici- I think many others stayed home be- through and sorting out exactly what pating and in terms of voter turnout. cause the election was clearly, those those elections meant. The estimates in voter turnout are who were organized were the one party Initially, though, not very much no- called light. The election was called that was ready for it and had all of the ticed at all, were other elections near- lackluster, uninspiring. There are a lot resources and the blessing apparently by in the small, tiny nation of Haiti, of reasons for that. of the international parties, and they

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

H 15089 H 15090 CONGRESSIONAL RECORD — HOUSE December 19, 1995 just steamrolled it and apparently, ment shutdown, inspired and orches- ministration, and that is simply be- when the election results come in, ev- trated by the same Republican leaders. cause the President of the United erybody believes widely there will be They just do not get it. They do not States is attempting to back out of the one very clear winner, not anybody understand that sending home some agreement he entered into less than a really in second place. I do not know if 300,000 Federal employees a few days month ago with the Congress of the that will be true. I think that is a feel- before Christmas is beyond heartless, it United States. We resolved the last ing that probably kept people from vot- is stupid, crazy for us as a Nation to be partial Government shutdown by com- ing. incurring debts of $80 million to $100 ing to an agreement. There were sev- In any event, when you have a coun- million a day because of someone’s eral major terms in that agreement, trywide presidential election that is pride. and one of those terms was that we supposed to be the most historic event The American people sent Democrats would use common economic projec- in the peaceful turnover of democracy and Republicans to Washington to tions to put together a balanced budg- in the whole history of the country’s solve problems, not to create them, not et. 200 years and you only get somewhere to say to people who are going to Fed- I know this sounds very technical, between 20 and 30 percent turnout, eral agencies today that their phone but economic projections are the build- clearly it is not working quite the way calls will be unanswered and no one ing blocks of any budget. They are the it should be. will be at the door. What they want us forecasts, in this case over 7 years, of Security was better. Law and order to do is to sit down in a commonsense, how much Government revenue will be was better. Of course, it would be if bipartisan way, deal with our budg- received, how much there will be an in- flationary impact on Government pro- you have Humvees with machine guns etary problems, to make sure we pro- grams and so forth. and soldiers mounted all over the place tect Medicare and Medicaid, to make The agreement by the President of and running around from place to place sure that we do not end up obliterating the United States and the Congress of insuring nothing gets out of hand. So college student loan programs, and to the United States was that we would we have somewhat of an artificial situ- bring a balanced budget in a reasonable use the figures of the Congressional ation there about law and order. period of time. Budget Office. Now, there was an addi- Regrettably, as in every election, we It is time for some of the political tional provision, that the Congres- had intimidations that kept candidates hubris to be set aside. sional Budget Office was expected to out. We had the media shut down Mr. SCHUMER. Mr. Speaker, will the consult with outside sources, which, to through intimidations. We had allega- gentleman yield? the best of my knowledge, they have tions of misuse of dollars, all of those Mr. DURBIN. I yield to the gen- done. But the bottom line, without any kinds of things. These things need a tleman from New York. doubt, is that a budget would be put to- Mr. SCHUMER. I think the gen- full accounting and full investigation. gether using only the economic projec- Then the President needs to come to tleman makes an excellent point. I tions of the Congressional Budget Of- Congress and consult and tell Congress mean, I think the American people fice. The President of the United and the American people how we spent know there are differences between us. States now is attempting to avoid liv- our money, what we have got for it, We believe in saving the Medicare and ing up to an agreement with the Con- and where we are going next. I urge the Medicaid systems, with some moderate gress of the United States, and the President, Mr. Speaker, very much this cuts. They believe in huge cuts and President has stated, first of all, that time to consult with Congress before then tax cuts. the Congress is demanding that the we get into the next chapter of what Mr. DURBIN. Let me just close by President put some cuts in Medicare our relations are going to be with saying this: If it is a matter of prin- and Medicaid and other programs up Haiti. I would hate to have to debate ciple to shut down the Government, as before negotiations can continue. This another invasion here, because we are a matter of principle, the Speaker is not correct. seeing one more time a flood of refu- ought to give up his paycheck; no The Congress is saying the President gees coming to the United States, and budget, no pay. If it applies to Federal should put forward a budget based upon the administration’s reaction is to send employees, it ought to apply to the CBO, Congressional Budget Office, pro- the military. Speaker and every Member of Con- jections, and that is all. Within those The economy does not work in Haiti. gress. budget projections, the President is We know that. We need to have a full f free, the administration is free, to put accounting. We need to know where we THE BUDGET IMPASSE together any budget they want. They are going, and I urge the administra- can have tax cuts or not have tax cuts. tion to check with the U.S. Congress. The SPEAKER pro tempore. Under They can have tax increases if they We are here to help. the Speaker’s announced policy of May want to propose it. They can have more f 12, 1995, the gentleman from New Mex- funding for any program, less funding ico [Mr. SCHIFF] is recognized during for any other program. So there is ab- NO BUDGET, NO PAY FOR morning business for 5 minutes. MEMBERS OF CONGRESS solutely nothing in putting together a Mr. SCHIFF. Mr. Speaker, I have a budget based upon the Congressional The SPEAKER pro tempore. Under different view of why we have reached Budget Office economic projections of the Speaker’s announced policy of May this impasse today. I acknowledge that revenue, inflation and so forth, that 12, 1995, the gentleman from Illinois in the past, during the discussions dictates in advance what a budget has [Mr. DURBIN] is recognized during about reaching a balanced budget, that to look like. morning business for 5 minutes. both sides bear some responsibility for I heard one of my Democratic col- Mr. DURBIN. Mr. Speaker, last putting some unnecessary obstacles in leagues this morning on television say, month the Federal Government was the way of reaching that goal. I think ‘‘Well, the agreement was we will use shut down by the gentleman from that the Republicans, at the very be- the Congressional Budget Office as a Georgia, Mr. GINGRICH, and Mr. DOLE ginning, tried to put in unnecessary baseline, but then we could look at for the longest period of time in our non-budget-related issues that have other figures.’’ That is not correct. The Nation’s history. It cost American tax- since been removed. agreement was that we would use the payers $100 million a day for this polit- I think the President tried to avoid Congressional Budget Office figures. ical strategy, a manufactured crisis agreeing to a 7-year timeframe even Now, the point is, Mr. Speaker, that that sent 800,000 Federal employees though when he was campaigning for that is exactly what the Congress of home. President of the United States 3 years the United States has done. The Con- Most people thought that the Repub- ago, he said he would propose a bal- gress of the United States passed a licans had learned their lesson. Amer- anced budget in 5 years. budget. I do not agree with all of its in- ica was not ready for that kind of po- But even though the past responsibil- dividual terms. But the Congress of the litical strategy. They found it childish ity falls on both political parties, I be- United States passed a budget and sent and unnecessary, and yet here we are lieve the current impasse we are in to the President a budget that was bal- today in the midst of another Govern- today falls squarely on the Clinton ad- anced in 7 years, which was part of our December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15091 agreement and that used Congressional icare and you talk about cuts in Medic- budget, but it is the Congress’ respon- Budget Office figures as the building aid, when you talk about adult chil- sibility to pass a budget as outlined in blocks, as the revenue projections, the dren being held responsible for paying the U.S. Constitution. We have arrived inflationary effect and so forth. the nursing home bills for their par- at a point today at which the seem- The President vetoed this bill. That ents, taking money out of the funds ingly clear set of circumstances lead us is the President’s prerogative, not only they would use to purchase a home, to believe that the House Republicans, constitutionally, under the Constitu- taking funds that they would use to NEWT GINGRICH and his colleagues, are tion of the United States, of course, send their children to college, we may the single stumbling block to us arriv- but under the agreement which also be balancing the budget in the short ing at a budget agreement. said there would be adequate funding run, but in the long run, our Nation We have the President, we have Sen- for certain programs and if the Presi- will be much weaker. Those children of ate Republicans and Senate Democrats dent felt that the increases that that the adult children will be less edu- who want to find a way to get the budget included for Medicare and med- cated. country back on the right track. House icaid were not sufficient, then the I can remember back in the early Democrats are prepared to work. But President could go ahead and veto. 1980’s when a Republican President we have House Republicans who seem But the Congress has then made a named Ronald Reagan was pushing the to in a childish way want to hold fast very reasonable requests: ‘‘Mr. Presi- same kind of idea, that somehow these to their own particular viewpoint of dent, if you feel that our budget does massive tax cuts for wealthy individ- how the budget ought to work out, a not adequately protect certain prior- uals and wealthy corporations were viewpoint that the American public ities, show us your budget under the going to trickle down and were going has soundly rejected in every single exact same framework. Put forward a to help those of us that were on the poll that has been done over the last budget under the exact same frame- lower side, those of us that were work- few months. work. Put forward a budget that is bal- ing individuals. They keep pushing something that anced in 7 years and uses the Congres- Let me tell you what happened in my no one else is buying. The American sional Budget Office economic projec- area of southwestern Pennsylvania public says ‘‘We don’t want to cut edu- tions and is shown to be balanced in 7 during that period of time. We lost in cation, we don’t want to cut Medicaid, years under the CBO numbers, and 13 counties 155,000 manufacturing jobs. we do not want to see these programs show us how exactly you would protect No one ran away with those tax breaks. eradicated. What we want to see is a more responsible approach that would your priorities.’’ The rich corporations and the rich in- dividuals did not reinvest that money lead us away from tax cuts, lead us b 0915 in this country, and they are not going away from increasing defense spending If you want to spend more on one to do it now. when it is not necessary, when it is program, what do you propose to spend We are talking about taking money well over what the Pentagon has even differently, or how do you propose to out of Medicare, taking money out of recommended.’’ The American public have a different tax structure in order Medicaid, making adult children pay has said no to the Republican budget, to pay for it? The point is that if the for the care that their working parents but yet NEWT GINGRICH and the House President of the United States is going paid for with their tax dollars over the Republicans keep wanting to sell us to veto the congressional budget, last 30 years, since 1965, when Medicare something that no one is buying. That is why we have arrived again at this which again is his privilege, he should and Medicaid were passed in this House shutdown. then put out his budget on the same and were signed by President Johnson. framework. Mr. Speaker, I would hope that as we They are taking that money and giving face this new day here in the Congress, Further negotiations I think are im- it away to the wealthy corporations of possible unless we are dealing with that some common sense would come this Nation. to the majority, that they would stop budgets that are put together under That is what it is about. It is about the same measuring yardstick, apples acting in immature ways, because I a transfer of wealth. It did not work in think they really threaten their very to apples if you will. Unless the Presi- the 1980’s, it blindsided our working dent puts forward a budget under the majority in the ways they are acting people, and it is not going to work now. same yardstick, there is no way we can again in the 1990’s, and President Clin- f compare, well, this is how we funded a ton is very correct when he stands up certain program and this is how the and says that he will veto this. BALANCING THE BUDGET President would fund the same pro- Mr. Speaker, we have got to sit down The SPEAKER pro tempore. Under gram. and rebalance our priorities, not just the Speaker’s announced policy of May So, Mr. Speaker, I urge the President balance our budget. 12, 1995, the gentleman from Wisconsin to comply with our agreement and f [Mr. NEUMANN] is recognized during come forth with a budget. THE BUDGET IMPASSE morning business for 3 minutes. f Mr. NEUMANN. Mr. Speaker, the The SPEAKER pro tempore. Under problem we are facing today is not a PEOPLE ARE BEHIND THE BUDGET the Speaker’s announced policy of May FIGURES discussion between spending priorities. 12, 1995, the gentleman from Penn- The problem we are facing today is The SPEAKER pro tempore (Mr. sylvania [Mr. FATTAH] is recognized that the President’s budget leaves the GUTKNECHT). Under the Speaker’s an- during morning business for 2 minutes. Federal checkbook $70 billion over- nounced policy of May 12, 1995, the gen- Mr. FATTAH. Mr. Speaker, good drawn. I have a chart with me that tleman from Pennsylvania [Mr. KLINK] morning to my colleagues and good shows me where we were last week in is recognized during morning business morning to America. It is clear now terms of deficits. This bottom line is for 2 minutes. that we have a congressional majority where the deficits were over the last Mr. KLINK. Mr. Speaker, there has that lacks the maturity to govern this week. been much name calling, there has Nation’s budgetary processes. We have You will notice in the year 2002, all of been rhetoric, there has been invective- arrived again at an impasse in which last week we had a Presidential pro- ness as we face the second Government the Congress has failed to pass a budg- posal that left us $115 billion over- shutdown of this year with really no et and the spending bills necessary in drawn. On Friday of last week, the end in sight, and as previous speakers an acceptable enough form in which President brought us a new proposal. have talked, the first one was the long- the President of the United States Here is what it did. It took the $115 bil- est in the history of our Nation. would sign them, which is the respon- lion deficit and it reduced it to a point I think the President made a very sibility of the Congress. where it was a $70 billion deficit. The valuable and very important point yes- It is perhaps a good thing that the problem with this is that it is still $70 terday when he talked about the fact President is attempting to work with billion out of whack in the 7th year. that there are people behind these fig- congressional leaders to help them fig- Let me make this as clear as I can ures. When you talk about cuts in Med- ure through a shared approach to the possibly make it. The proposal that we H 15092 CONGRESSIONAL RECORD — HOUSE December 19, 1995 have from the President today does MEANS OF CALCULATING BUDGET 12, 1995, the gentleman from Illinois not, I repeat, does not, balance the NUMBERS [Mr. EWING] is recognized during morn- budget in 7 years. That makes it unac- The SPEAKER pro tempore. Under ing business for 3 minutes. ceptable. the Speaker’s announced policy of May Mr. EWING. Mr. Speaker, I come Let me put this another way. In the 12, 1995, the gentleman from Texas [Mr. here today to talk about the balanced 7th year of the President’s proposal, he DOGGETT] is recognized during morning budget and to talk about some things proposes that we spend $106 billion business for 2 minutes. that may be educational to people who more of the taxpayers’ money and he Mr. DOGGETT. Mr. Speaker, I guess watch this. proposes that we collect $36 billion the question I have this morning is First of all, I think the attacks on more from the taxpayers of this coun- when will our Republican friends pro- the majority fail to recognize the total try. So he proposes that we spend $106 pose a balanced budget? Yes, that is picture. If you follow the rhetoric that billion more in the 7th year, and he right, when will they propose a budget you hear in attacking the Republican proposes we collect $36 billion more in that is in true balance? majority in their effort to balance the taxes. That leaves us $70 billion over in You see, they think that a balanced budget, if you follow their line of rea- the 7th year. budget can be balanced using a calcula- soning, we could never balance the Let me just finish, because this gets tor; that is the only tool that you need budget so long as there was one indi- much better. The Republican plan that to see whether the numbers add up, vidual out there who may not be served is currently on the table, the Repub- whether you can add, subtract, divide, to the same extent that some think lican plan on the table today, proposes and multiply them. But a budget is they should. that we spend $11.948 trillion of the more than a collection of numbers. It You ask the American people how American people’s money. That is to is a statement of a country’s priorities, they feel on these different issues, and say, $46,000 over the next 7 years for and not everything in that budget can we all know that it depends on how you every man, woman and child in the be measured with mathematical accu- ask the question. But the one thing United States of America, $46,000 per racy. that we are aware of and that has come person. The President wants to spend How do you measure in mathematics through loud and clear is that when $400 billion more than that. what it costs to deny one young child you ask the question ‘‘should we bal- I have a problem with that, because the opportunity to participate in Head ance the budget,’’ the American people back in my district, they think $46,000 Start, to get all the education that he say yes. a person is enough spending. or she needs in order to be a productive Yes, we will have to make choices. Mr. SCHUMER. Mr. Speaker, will the member of this society and share in the Yes, we will have to rearrange how we gentleman yield? American dream? do business. Otherwise, some day the Mr. NEUMANN. I yield to the gen- How do you measure with a calcula- house of cards will come tumbling tleman from New York tor what it means to a family to be down. Mr. SCHUMER. Mr. Speaker, I appre- ripped asunder when suddenly they It has been 30 years almost since the ciate the gentleman’s courtesy. I would have the burden of having to care for a Federal budget was balanced, and the just note that the CBO numbers show senior who has to be placed in a nurs- new Republican Congress has the op- that the Republican budget, the deficit ing home, and, under this Republican portunity to make this happen, with goes back up in the years 2003, 2004, and plan, you reach down and dip into the some support from the minority side. 2005. Would the gentleman be willing, if resources of the middle-class family They say they want a balanced budget. I might finish, given his passion for that is already struggling to make ends Let us see some support from them to balancing the budget, which I respect, meet to pay for that senior who has to get that done. Or, if we fail, I think the to say if that happens, we should re- be provided nursing home care? American people will say ‘‘business as duce some of the deep tax cuts in that How do you measure with mathe- usual.’’ We will not revisit any of the budget so that we can balance the matical accuracy the burden on the hard decisions between now and the budget? senior who has to choose between next two decades if we fail this time. Mr. NEUMANN. Mr. Speaker, re- health care and being able to eat? Finally, Mr. Speaker, there is an ar- claiming my time, it is very important Those are the questions that have to ticle in the morning paper which I to look very seriously at the budget be raised when you look at balancing think was very interesting and might proposal we put out of our office earlier the budget. Yes, it is an important ob- be very interesting to all of us and to this year. We put forth a plan that bal- jective to be sure the mathematics bal- the viewers at home. There are two anced the budget, we had 5 years, but, ance, but it is critical that any bal- categories of Government spending. OK, let us do it in 7 years as we have anced budget have true balance. And One, where we purchase things for use all agreed to in this House. After the that is what this is all about, because by Government; and the other is trans- 7th year, we would allow spending to our Republican friends think as long as fer payments, and that is where we increase at a rate 1 percent slower than you take from those who are on Medi- take from the middle-class family and the rate of new growth. care and give to those corporations transfer it, transfer it to somebody We need to go back to the plan as more tax breaks, do not ask the cor- else, because they are not working or proposed in our budget proposal out of porations to sacrifice, do not ask the do not work or cannot work. And you my office earlier this year, because wealthy to sacrifice, just ask the have to address that problem, because what that will do is require that we young children, just ask those who it is now almost 20 percent of the Fed- start building a surplus so we can start want clean air and clean water, just eral income that goes to transfer pay- paying down this debt, so we can give ask our seniors to sacrifice, put all the ments, and it is growing at an enor- this Nation to our children without burden on one side, that is not a bal- mous rate. this huge debt. When you start talking anced budget. So the discussion about the budget beyond 7 years, the reality is we do not I say it is time for our Republican just is not crunching a few numbers have much of an opportunity to work friends to come forward with the first and the President giving here and the out those numbers. balanced budget, because all the ones Congress giving there. It is about how we do government and how we spend The SPEAKER pro tempore. The they have given us up to now may add the money. time of the gentleman from Wisconsin up in the numbers, but they do not add [Mr. NEUMANN] has expired. up when it comes to the future of f Mr. SCHUMER. Mr. Speaker, I ask America. b 0930 unanimous consent that the gentleman f be allowed to proceed for one addi- REPUBLICANS SHUT DOWN GOV- tional minute. FACTS ON THE BALANCED ERNMENT BECAUSE THEY CAN- The SPEAKER pro tempore. The BUDGET NOT GET THEIR OWN WAY Chair would advise Members that the The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under time has been allocated. the Speaker’s announced policy of May the Speaker’s announced policy of May December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15093 12, 1995, the gentleman from New Jer- 12, 1995, the gentleman from Virginia fore. For Members to suggest other- sey [Mr. PALLONE] is recognized during [Mr. DAVIS] is recognized during morn- wise, and who say, well, it looks stupid morning business for 2 minutes. ing business for 3 minutes. to pay people for not working, it is not Mr. PALLONE. Mr. Speaker, I want- Mr. DAVIS. Ms. Speaker, I have lost their fault they are not working. They ed to follow up on what my colleague my voice but I have not lost my will want to be there. The only reason they from the other side, from Wisconsin, here. are not is because we have not reached said before. He talked about differences Quite frankly, if the President had agreement with the President of the over the budget and the numbers over signed some of the appropriations bills United States. the budget, but the problem is that on his desk last week, we could have We will never get good people to while we are arguing over these budget kept the park system open and a num- come back into Government to serve differences, whether it is the numbers ber of other agencies. I think he was the Government. As President Kennedy or the priorities, the Government saying my way or no way. I think both said, ask not what your country can do should remain open. sides need to get together and keep for you, ask what you can do for your It is the Republicans, it is Speaker talking. country. We will never get that spirit GINGRICH who wants to shut the Gov- What bothers me about this is that a when we start treating workers in this ernment down because he cannot get month ago the President signed a reso- shabby a manner. his way in terms of what he thinks the lution saying a balanced budget, 7 I would hope the President will put a budget should be all about. That is not years, CBO numbers, and a month later balanced budget on the table, as he fair. That is the reason the Govern- he has not submitted any plan that promised a month ago. It will not meet ment was shut down 2 weeks ago, be- does that. Hopefully, he will put that the priorities of the Members of my cause Speaker GINGRICH and the Repub- on the table, we can get both sides to side, but we can pass a continuing reso- lican leadership did not get their own pass a continuing resolution, and we lution, work out our differences, get way. can move ahead at that point and nego- these people back to work, let them Now, everyone knows that the major- tiate out the differences. And there are perform the functions of Government ity in this House and in the Senate is honest and sincere differences, but we and give the American people a Christ- the only body or the only group that need to move ahead. The American mas present of a balanced budget. can bring up a continuing resolution to people are relying on us to do this. Cer- f keep up. The Speaker, last Friday, the tainly the markets are at this point. Speaker yesterday, and so far I have I wanted to bring up something else GOVERNMENT SHUTDOWN IS TO heard nothing today about bringing up today, and that is the innocent victims AID IN DISMANTLEMENT OF a continuing resolution so that this of this whole thing, and that is the MEDICARE AND TO CUT AND RE- Government can continue to operate. Federal employees. Federal workers PEAL MEDICAID That is what is causing the crisis. That today have been undergoing a lot of The SPEAKER pro tempore. Under is what is making everyone around the stress. They have been undergoing the Speaker’s announced policy of May country so aggravated. downsizing efforts by both the adminis- 12, 1995, the gentleman from Michigan That is the reason, I believe also, tration and this Congress. Benefit cuts. [Mr. BONIOR] is recognized during why we had the problem with the stock Many have been proposed that have not morning business for 5 minutes. market yesterday, because while we gone into effect, but some have in the Mr. BONIOR. Mr. Speaker, I will not are discussing and negotiating this agreements that have gone through as take the full time, but I wanted to budget, the Government should not be well. So they are undergoing come to the floor this morning to echo shut down. The Republicans should not downsizing, benefit cuts and now fur- the message that some of my col- make this into a crisis situation by loughs at Christmas time. leagues have been giving, and that is shutting down the Government. The tragedy for these workers, who basically this: The Speaker of the Now, Mr. Speaker, we have major dif- we are asking everyday to do more House, Speaker GINGRICH, has closed ferences over the priorities here. We with less, is they cannot even, under down the Government again for the have differences over the numbers, we Federal law, go get a second job. They second time, and in order to do two have differences over the priorities. cannot even work as a store depart- things: To dismantle Medicare and to The Democrats have been saying all ment Santa Claus under Federal rules. cut and repeal Medicaid. along that Medicare must be preserved, So we furlough them, we do not let My colleagues do not have to take Medicaid must be preserved, that the them have another job, and now we my word for it. I want to refer my col- Republicans are giving huge tax breaks have Members saying, well, we cannot leagues to two reports; one that was is- primarily to wealthy Americans and to pay these people because they are not sued by the Consumer Union. This is a corporations and that money for those working. But they want to work, they group of people that puts out a publica- tax breaks should be put back into the want to be out doing the job that we tion called the Consumer Report. budget so that Medicare and Medicaid, have asked them to do, but the Federal America knows about the Consumer the environment and education pro- law does not allow them. Report. It is a publication that one grams remain solvent. That is what I These people will miss their Christ- goes to when one wants to buy a car or think the goal should be. mas paychecks. And to suggest that one wants to buy a television set. It The President has been articulating they should not be paid, when it is no has enormous credibility. Listen to all weekend the fact that he cannot ac- fault of their own and they are unin- what they say. cept the Republican priorities because tended victims of this, is outrageous. ‘‘What Congress isn’t telling you: he feels very strongly, and he is right, We have to recognize that if Govern- Families of nursing home residents that Medicare, Medicaid, the environ- ment wants to attract the best and the may face financial ruin under Federal ment and education must be preserved. brightest, and maintain these people in Medicaid bill.’’ So far the Republican leadership has our Federal work force, so they can get They estimate that 395,000 long-term not come up with anything, not put the job done as we cut the budgets and care patients are likely to lose Medic- anything on the table that would pre- ask people to do more with less, we aid payments for their nursing home serve those priorities, and, in the have to bring their morale around and care next year if this Republican repeal meantime, they tell us all we are going we have to incentivize them to do that, of Medicaid goes through. They go on to shut the Government down because and we are not acting in a way to do to talk about some of the effects of this we do not get our own way. this. If we were a private company and proposal by the Republicans. f were undergoing downsizing, with the If someone is in a nursing home in stress that we have, we would never the family, it costs about $38,000 a FEDERAL EMPLOYEES ARE INNO- threat our employees as we have done year. That is more than most families CENT VICTIMS IN GOVERNMENT in this particular case. in America make today. And they go SHUTDOWN Of course, they should be paid, when on to point out, in this report, that The SPEAKER pro tempore. Under this is all over and the resolution is adult children may be held financially the Speaker’s announced policy of May done. It has happened every time be- liable for nursing home bills of their H 15094 CONGRESSIONAL RECORD — HOUSE December 19, 1995 parents. Family assets, including education, and that protects our envi- question here is how far is the Govern- homes, may be sold or seized to pay ronment. That is what we need to do. ment going to grow, how big is the nursing home bills. No one is guaran- We have dealt with the issue of 7 Government going to be? teed Medicaid nursing home eligibility years. We have dealt with the CBO For example, one of the other nego- as they are now. Families may be issue, but the majority has done noth- tiations we are having with this Presi- forced to spend their life savings for ing, nothing to live up to the standards dent is he has been told, in effect, and long-term care of a loved one. And on that were set in the last CR with re- I think most Americans can relate to and on and on. spect to the issues of Medicaid, Medi- this, that this bank account has been That was a report that was issued care, education, and the environment. overdrawn for years and by big last November. A report issued in De- There has been no movement at all on amounts. An average American, if they cember, just recently, by the National the Republican side on those issues. were told their bank account was over- Citizens’ Coalition for Nursing Home Mr. MILLER of California. Mr. drawn $20,000 would work with the Reform says this about the repeal of Speaker, will the gentleman yield? bank immediately to try to address Medicaid. ‘‘The report analyzed nurs- Mr. BONIOR. I yield to the gen- that. We have compromised and said, ing home laws in 10 States and found tleman from California. OK, we will do this over 7 years to bal- none of the current State laws meet Mr. MILLER of California. Mr. ance it. He refuses to come back with a the minimum standards found nec- Speaker, I want to thank the gen- proposal to actually balance it. He ba- essary in 1987 to protect nursing home tleman for raising this point because sically wants to go, OK, how about if residents.’’ when we look at the Medicaid Pro- we just leave it overdrawn by $10,000? ‘‘This proposal moves us back in time gram, and we see an ad here that is OK, how about if we just leave it over- to the nursing home dark ages when signed by corporate leaders, who have drawn by 8,000? residents were tied and drugged, lying laid off tens of thousands of Americans, The fact is we cannot have negotia- in their own waste, ignored by un- and the children in many cases of low- tions unless both sides agree on the trained, overworked staff.’’ paid workers, those children of those fundamental principle that the budget So what is going on here, basically, workers have lost their health insur- has to be balanced, and the President ladies and gentlemen, is that Mr. GING- ance. has not put a proposal on the table RICH, the Speaker of the House, has Three million children are without that balances the budget. Once he puts closed down the Government for the health insurance. And what the Speak- a proposal to balance the budget on the second time in order for him to con- er is saying is we have to dismantle table, then we can get into real discus- tinue with his Republican colleagues to Medicaid rather than give those chil- sions about how we will prioritize that dismantle Medicare, a program that we dren health care coverage. spending. And that is a legitimate have had, we have enjoyed now since f thing for the American people to ex- 1964. It has protected literally tens of BUDGET MUST BE pect, that we would have such a discus- millions of people in this country from MATHEMATICALLY BALANCED sion as to how to prioritize that spend- economic devastation, and he goes on ing. But it is also legitimate they ex- to take after Medicaid, which protects The SPEAKER pro tempore. Under pect to have a budget on the table. children, a quarter of the children in the Speaker’s announced policy of May The stock market is not collapsing America who get their health care 12, 1995, the gentleman from Indiana because of a CR, the stock market is from Medicaid. [Mr. SOUDER] is recognized during worried we will not balance the budget. Mr. HAYWORTH. Mr. Speaker, will morning business for 3 minutes. As Allan Greenspan has already said, the gentleman yield? Mr. SOUDER. Mr. Speaker, it is they have factored in that we were Mr. BONIOR. Mr. Speaker, I said I tough during this time of year, when going to balance the budget. Now they would not yield, and I would ask the we should be home with our families are afraid. They see the President Speaker to enforce my right to speak and celebrating the birth of our Savior going back on the agreement that we on the floor without being interrupted. and having the time of a wonderful hol- made, and there is a real concern in The SPEAKER pro tempore (Mr. iday season, to be pinned down here this country that we might be so GUTKNECHT). The gentleman from with this acrimony. And I know many gridlocked, that one party is not com- Michigan controls the time. Americans throughout the country are mitted and our President is not indeed Mr. BONIOR. The Speaker goes on to fed up, but we are at a real crossroads. committed in spite of the rhetoric to a take on the disabled, our elderly in this It is especially cruel, I believe, to be balanced budget. country, and children, a quarter of putting out the false information and The reason people cannot get into which, as I indicated, get their health scaring the most vulnerable in our so- our national parks is he will not sign care from Medicaid. ciety, the senior citizens, who do not the appropriations bills. It has been These assaults on middle income peo- have a lot of their life to look forward nice to hear for months that we do not ple, on the elderly, on disabled, and on to in many ways, and yet when they have the appropriations bills done, but children in this country are what we hear this type of thing, to be scared basically, there are three over there are trying to protect. We will not be with the false information that is out now to be signed. Hopefully, another blackmailed by Speaker GINGRICH by is especially disturbing and especially one will move. shutting down this Government to go cruel at this time of year. I want to conclude by saying I realize after these people. They deserve the I also heard an earlier speaker say that most Americans would be a little support and the help of every Member that we should not just mathemati- shocked, but it is time for the Presi- of this institution, and we will not be cally balance the budget. My question dent to keep his word and put a budget blackmailed by the dismantling of is what will we do, emotionally balance on the table. Medicare and by the repeal of Medicaid the budget, rhetorically balance the in order for our seniors, as these two budget, demagogically balance the f reports issued in November and Decem- budget? Of course, we have to mathe- b 0945 ber, in order for our seniors to have matically balance the budget. Every this type of activity with respect to American in this country has to math- SPEAKER SHOULD ALLOW their long-term care perpetrated upon ematically balance their budgets. GOVERNMENT TO OPERATE them. I guess there is a real difference be- The SPEAKER pro tempore. Under So we say to our friends on this side tween the two sides. They believe in the Speaker’s announced policy of May of the aisle, stop this nonsense, stop Santa Claus and we do not. We have to 12, 1995, the gentleman from Connecti- these games that we are playing. Let mathematically balance the budget. cut [Mr. GEJDENSON] is recognized dur- us get this Government back to work That is why we are sent to Congress; ing morning business for 5 minutes. and let us get on with dealing with the $12 trillion is enough over the next 7 Mr. GEJDENSON. Mr. Speaker, what real question at hand, and that is a bal- years. We are not cutting the budget. is clear here, but somewhat secretive anced budget that protects Medicare, The previous 7 years was $7 trillion. in this town, is that of the participants that protects Medicaid, that protects That is, in any terms, real growth. The in this battle, all but the Speaker are December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15095 ready to open the Government again. opportunity to provide for their fami- In very simple English, I told her Frankly, all but the Speaker would lies. But more importantly, all of the that unfortunately I could not, but have kept the Government open. services that they provide are no that the reason I was not going to be The President and Mr. DOLE and Mr. longer here for the American people. there was that I had to be here because DOMENICI could have kept this govern- This side is standing for the Amer- there were some people who wanted to ment open, but what happened? First, ican people. I believe those who say spend her money, money that she was the Speaker got a bad seat on an air- they do not believe in Santa Claus are going to have to pay back, and she did plane, and so he shut the Government just about bringing Scrooge to the na- not think that was a good idea. down. Now, he has gotten bad poll tional forum. What we should be doing Mr. Speaker, I have got a challenge numbers and he figures he cannot re- is coming together and working, tell- for the other side of the aisle. Our build himself, so he is going to tear the ing the truth so that I can go home and agreement of 30 days ago said, yes, we whole Government down, hoping to tell the mother who has a young child are going to ensure Medicare solvency, bring everybody down with him. with a brain tumor, and a mother who Medicaid, education, veterans, and the We are one country trying to resolve has another child with respiratory environment, all of the nice programs, some issues and it seems clear to me problems, and another child with a all of the programs that we support. that the way to resolve these issues is heart condition, and who is a single Well, I ask my Democrat colleagues to not to set out to put our citizens in parent on welfare and needs Medicaid, put their money where their mouth is. harm’s way, put our Federal workers in that she is an American too and that Tell us that they would spend. Give us harm’s way, and disgrace this country we are trying to help her bridge out of a budget that reflects their priorities by an inability to keep this Govern- this condition into independence. and stand up like men and women of ment working. Mr. Speaker, I think we need to integrity, not just mouthing off about When we were first elected in 1980, we stand on the side of the American peo- the fact that they are in favor of this had grave differences with Ronald ple, tell the truth, and to make sure or in favor of that. Give us a legitimate Reagan. But we had Democratic Speak- that we provide an opportunity for a 7-year budget. Tell us where they ers who gave the President every cour- fair, balanced budget, not on the backs stand, so we can compare our plans tesy, who then proceeded to work with of those who are most needy. with theirs. President Reagan to make sure the Mr. GEJDENSON. Mr. Speaker, I f yield to the gentleman from Virginia Government kept working, even where RECESS we had grave disagreements. [Mr. MORAN]. But not this Speaker. This Speaker Mr. MORAN. Mr. Speaker, the gen- The SPEAKER pro tempore. Under refuses, of all the leaders here, he re- tleman mentioned President Reagan, the previous order of the House of Jan- fuses to keep this Government operat- and think it is important to bear in uary 4, 1995, morning hour debate may mind that when we had a budget con- ing. It seems clear to me that if he was not continue beyond 9:50 a.m. today. flict in 1987 and 1988, between a Repub- a military leader, he would start bomb- Pursuant to clause 12, rule I, the House lican President and a Democratic Con- ing his own cities as a demonstration will stand in recess until 10 a.m. gress, what we did was to pass a con- Accordingly (at 9 o’clock and 50 min- of strength. What we need to do is get tinuing resolution that lasted all year utes a.m.), the House stood in recess back to work. long; a clean continuing resolution. until 10 a.m. Mr. Speaker, I will be happy to yield But Federal employees were not made to the gentlewoman from Texas [Ms. f pawns in that process. There is no rea- JACKSON-LEE]. b 1000 son why Federal employees should be Ms. JACKSON-LEE of Texas. Mr. furloughed today. AFTER RECESS Speaker, I appreciate the words of the Yesterday, in a press conference, gentleman from Connecticut, because I The recess having expired, the House Speaker GINGRICH indicated that those was called to order by the Speaker at rise this morning to ask if we could Federal employees may not even be simply tell the truth. I think if we put 10 a.m. paid at Christmas time. How unbeliev- f the truth on the table, we might get able could this situation be that we going. would have families with children who PRAYER The continuing resolution, and I are working for the American people, The Chaplain, Rev. James David think the gentleman from Connecticut laid off, put on furlough just before Ford, D.D., offered the following pray- was here that weekend of the 19th, in- Christmas, and told they may not even er: sisting that we worked to ensure that be paid during Christmas? We are grateful, O God, that You the Government not shut down. I think But it is believable. We just fired 11 have given to us the goals of justice it is important to remind the American people that served this House in the and the designs of freedom. Remind us people that the President is not stand- well of the House, doing necessary this day, gracious God, that it is our ing on weak ground. work. They had built up compensatory work to develop the strategies and the I would caution my colleagues on the time, because they worked late at plans of achieving those goals being other side of the aisle about believing night. But because we will have the aware of the prodding of Your spirit. in Santa Claus. There are millions of same laws that apply to the private We know that You have given to each children around this world and in this sector apply to us January 1, we fired of us the abilities to do good works so country that we hope will hold a vision them just before Christmas time so we we pray that we will be faithful in our of hope and we hope they will believe would not have to compensate them. tasks, responsible in our actions, and in Santa Claus. But the President and Talk about mean spiritedness. fervent in our desire to serve. We pray the Congress signed onto a continuing f this together with the petitions of our resolution that indicated that we own hearts. Amen. would provide adequate funding for DEMOCRATS SHOULD PRESENT A Medicaid, education, Medicare sol- 7-DAY BUDGET PLAN f vency, agriculture, national defense, The SPEAKER pro tempore. Under THE JOURNAL and the environment and to ensure the the Speaker’s announced policy of May The SPEAKER. The Chair has exam- protection of generations of people. 12, 1995, the gentleman from Maine [Mr. ined the Journal of the last day’s pro- This morning, I spoke to my 10-year- LONGLEY] is recognized during morning ceedings and announces to the House old and this is in tribute to Jason, be- business for 5 minutes. this approval thereof. cause I am not there with him for his Mr. LONGLEY. Mr. Speaker, I had a Pursuant to clause 1, rule I, the Jour- Christmas program. We all believe in chance to talk to my daughter, Sarah, nal stands approved. moving this country forward. But the this morning, who was very proud that f American people are seeing, first of all, tomorrow morning she is going to be in their Government shut down with in- a Christmas play. She was very con- PLEDGE OF ALLEGIANCE nocent, hard-working Federal employ- cerned as to whether I was going to be The SPEAKER. The gentleman from ees out on the streets, hindering their able to make it or not. Georgia [Mr. KINGSTON] will lead the H 15096 CONGRESSIONAL RECORD — HOUSE December 19, 1995 membership in the Pledge of Alle- There being no objection, the Clerk violates the provisions of this section shall giance. read the bill as follows: be guilty of an infraction and shall be sub- ject to a fine in the amount provided under Mr. KINGSTON led the Pledge of Al- H.R. 419 title 18, United States Code. legiance as follows: Be it enacted by the Senate and House of Rep- I pledged allegiance to the Flag of the resentatives of the United States of America in The bill was ordered to be engrossed United States of America, and to the Repub- Congress assembled, and read a third time, was read the lic for which it stands, one nation under God, SECTION 1. FINDING AND PURPOSE. third time, and passed, and a motion to indivisible, with liberty and justice for all. (a) FINDING.—The Congress finds that reconsider was laid on the table. f Benchmark Rail Group, Inc., of St. Louis, The SPEAKER pro tempore. This MESSAGE FROM THE SENATE Missouri, satisfactorily performed emer- concludes the call of the Private Cal- gency work after the Northridge earthquake, endar. A message from the Senate by Mr. but has not been reimbursed as a result of a f Lundregan, one of its clerks, an- technicality under California State law. nounced that the Senate had passed (b) PURPOSE.—The purpose of this Act is to ANNOUNCEMENT BY THE SPEAKER without amendment a bill of the House fairly compensate Benchmark Rail Group, The SPEAKER. The Chair will recog- of the following title: Inc., for the work for which, except for the nize 20 1-minutes on each side. technicality under California State law, it H.R. 395. An act to designate the United f States courthouse and Federal building to be would otherwise have been paid under the constructed at the southeastern corner of provisions of the Robert T. Stafford Disaster LET OUR PEOPLE GO Liberty and South Virginia Streets in Reno, Relief and Emergency Assistance Act (42 U.S.C. 5121). (Mrs. MORELLA asked and was given Nevada, as the ‘‘Bruce R. Thompson United permission to address the House for 1 States Courthouse and Federal Building.’’ SEC. 2. PAYMENT. (a) IN GENERAL.—Not later than 30 days minute and to revise and extend his re- The message also announced that the marks.) Senate had passed a joint resolution of after the date of enactment of this Act, the director of the Federal Emergency Manage- Mrs. MORELLA. Mr. Speaker, let our the following title, in which the con- ment Agency shall pay to Benchmark Rail people go, let them go back to work. currence of the House is requested: Group, Inc., of St. Louis, Missouri, an Yesterday, we passed a budget resolu- S.J. Res. 38. Joint resolution granting the amount equal to the total amount owed to tion saying we would balance the budg- consent of Congress to the Vermont-New Benchmark Rail Group, Inc., by the Federal et in 7 years using CBO figures. Let us Hampshire Interstate Public Water Supply Emergency Management Agency and the Compact. do it. State of California to compensate Bench- I would like to, during this third day f mark Rail Group, Inc., for the emergency work and services performed at the request of Hanukkah, with 6 days before PRIVATE CALENDAR of the Southern California Regional Rail Au- Christmas, point out there is a face to The SPEAKER. This is Private Cal- thority to the extent that such work and this shutdown of Government, this par- endar day. services are otherwise eligible for reimburse- tial shutdown. Yes, it affects 260,000 The Clerk will call the first individ- ment under the Robert T. Stafford Disaster Federal employees and their families ual bill on the Private Calendar. and Emergency Assistance Act (42 U.S.C. who are victims. Yes, it affects the pri- 5121). The payment shall be made from funds f vate sector, those who have contracts. appropriated to implement such Act. yes, it affects the financial market. ARTHUR J. CARRON, JR (b) DEOBLIGATION OF FUNDS.—The Federal Emergency Management Agency shall But I would like you to know, as I The Clerk called the bill (H.R. 418) deobligate an equal amount to that obligated was driving in this morning I saw two for the relief of Arthur J. Carron, Jr. previously for payment to the State of Cali- cars in the driveway, two doors over, There being no objection, the Clerk fornia to cover the costs of work performed people who are usually gone at 7 read the bill as follows: for the Southern California Regional Rail o’clock in the morning, and that is be- H.R. 418 Authority by Benchmark Rail Group, Inc., cause one of them works at Health and Be it enacted by the Senate and House of Rep- after the Northridge earthquake which Human Services and one works at Com- resentatives of the United States of America in would have been eligible for reimbursement merce. They have four children. They under such Act. Congress assembled, have two children who are currently in SECTION 1. WAIVER OF TIME LIMITATIONS. The bill was ordered to be engrossed college, and they are hit by the facts The time limitations set forth in section and read a third time, was read the 3702(b) of title 31, United States Code, shall that we have not come up with a bal- third time, and passed, and a motion to anced budget. not apply with respect to a claim by Arthur reconsider was laid on the table. J. Carron, Jr., of Bark River, Michigan, for I would also like to reflect the fact amounts due to him by the Department of f about a pharmacist at NIH, the human the Navy. The amounts due are represented KRIS MURTY face is something we have got to real- by the following checks that were received ize and get on with our job. The Clerk called the bill (H.R. 1315) but not negotiated by Arthur J. Carron, Jr.: f (1) Treasury check number 2,831,843, dated for the relief of Kris Murty. October 18, 1966, in the amount of $10,850.74 There being no objection, the Clerk BRING UP A CONTINUING for salary and expenses. read the bill as follows: RESOLUTION (2) Treasury check number 10,445,856, dated January 29, 1971, in the amount of $1,361.00 H.R. 1315 (Mr. PALLONE asked and was given for salary and expenses. Be it enacted by the Senate and House of Rep- permission to address the House for 1 (3) Treasury check number 71,681,041, dated resentatives of the United States of America in minute and to revise and extend his re- April 1, 1971, in the amount of $562.25 for re- Congress assembled, marks.) tirement pay. SECTION 1. RELOCATION EXPENSES FOR KRIS Mr. PALLONE. Mr. Speaker, I am a SEC. 2. DEADLINE. MURTY. little weighted down today, as you can Section 1 shall apply only if Arthur J. For the purpose of receiving reimburse- see, but I just wanted to point out that, Carron, Jr., or his authorized representative, ment for relocation expenses under sections submits a claim pursuant to such section be- 5724 and 5724a of title 5, United States Code, and this is following up on what the fore the expiration of the 3-month period be- Kris Murty of El Paso, Texas, an employee of gentlewoman from Maryland just said, ginning on the date of the enactment of this the Department of the Army, is deemed to that the reason that the Federal Gov- Act. have been an employee transferred by the ernment is shut down today is because The bill was ordered to be engrossed Department of the Army from one official the Republican majority has not and read a third time, was read the station to another for permanent duty when brought up a continuing resolution to third time, and passed, and a motion to he relocated from Houston, Texas, to Fort let the Government continue to oper- Bliss, Texas, in February 1985. reconsider was laid on the table. ate. SEC. 2. LIMITATION ON AGENTS AND ATTORNEYS On Friday they did not bring one up. f FEES. Yesterday they did not bring one up. BENCHMARK RAIL GROUP, INC. No amount exceeding 10 percent of a pay- ment made pursuant to section 1 may be Today again I have heard no talk of The Clerk called the bill (H.R. 419) paid to or received by any agent or attorney bringing it up. for the relief of Benchmark Rail Group, in consideration for services rendered in con- I think it is simply not fair to keep Inc. nection with the payment. Any person who the Government shut down while we December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15097 will discuss the budget. We should sim- cation, to finance a tax cut for the When an American needs a Ph.D. just ply negotiate the budget. We have our wealthy. Instead of listening to the to figure out the first page of the tax differences, and they can be brought American people, the Speaker chooses code, you know something is screwed out and they can be negotiated. But in to shut down the Government to get up. I wonder how the Labor Depart- the interim, the Republican majority his way. That is not leadership. It is ment is going to classify this new pro- has an obligation to bring a continuing childish. fession: Human resource procurement resolution to the floor and let the Gov- The Speaker should have a budget specialist? I guarantee there will be ernment continue to operate, and I that reflects the priorities of the Amer- five or six jobs that will be assigned as know that Frank also believes in that ican public, not his own. definitions to body brokering jobs. and so does Rose Marie. f Beam me up, Mr. Speaker. f f SANTA DOES NOT LIVE IN BALANCING OUR FEDERAL WASHINGTON, DC b 1015 BUDGET FOR OUR CHILDREN (Mr. CHABOT asked and was given U.S. ECONOMY AT STAKE IN (Mr. HAYWORTH asked and was permission to address the House for 1 BUDGET BATTLE given permission to address the House minute and to revise and extend his re- (Mr. SMITH of Michigan asked and for 1 minute and to revise and extend marks.) was given permission to address the his remarks.) Mr. CHABOT. Mr. Speaker, politi- House for 1 minute and to revise and Mr. HAYWORTH. Mr. Speaker, I so cians in this town have dressed up as extend his remarks.) happy my good friend from New Jersey Santa Claus, popped down the chimney Mr. SMITH of Michigan. Mr. Speak- brought his children to the floor of this and robbed American families blind. er, a minute is not very long. I will try. body, because I think it demonstrates, On, sure, they have given gifts to their The budget economic ills clobber the it demonstrates so clearly why we have special-interest friends, but they have market. The four chaps that came to work out these problems. used the American people’s credit card down 2 months ago, I talked to on the Because you see, as desirable in one to do it, and all they have left our kids phone, they are saying here is what the sense as a continuing resolution might is a debt so huge that every single market is thinking, that they are be to some, to the country, to the fi- child born this year inherits a bill for afraid we are not going to achieve a nancial markets, that is just a continu- $187,000 just to pay the interest, just balanced budget. Therefore, the market ation of the same old tax-and-spend the interest, on the national debt. is going down, largest drop in 4 years. mantra. In fact, the child that my col- These fake Santas, Mr. Speaker, take We have seen interest rates go up. That league from New Jersey had in his more than our milk and cookies. They has got to be a signal to use. We have arms, his son, if we do nothing to gorge themselves on everything they got to pay attention. change the course of action that we are can get their hands on, and then they In the Washington Post today, Jim on, that little boy will pay over $185,000 claim that American families do not Glassman writes, ‘‘As long as the in taxes just on the national debt. really need their taxes cut. President can pose as the saviour of So it is precisely for those children But the fact of the matter is that Medicare, with the public blaming Con- and the children of Federal workers these fake Santas are eating the aver- gress for Government shutdowns, he is and all children in America and, in- age family out of house and home. We not going to negotiate seriously.’’ Why deed, all generations, that we work have to slow the growth of wasteful should he? now to put aside partisan differences Government spending, Mr. Speaker. We Here is the bottom line of my mes- and balance our Federal budget. have to cut taxes. We have to cut the sage. Democrats, give me your ear: Ev- Our children, our country, deserve no waste. erybody in this Chamber, or most ev- less. Mr. Speaker, the American people de- erybody, wants a better America, bet- f serve no less. It is time to remember ter place to live and work. How are we that Santa Claus does not live in Wash- BUDGET MUST REFLECT PRIOR- going to come to grips with our over- ington, DC. ITIES OF THE AMERICAN PUBLIC promises and our overspending if we f cannot keep borrowing the money sim- (Ms. DELAURO asked and was given ply to pay our bills? Let us get to- ANNOUNCEMENT BY THE SPEAKER permission to address the House for 1 gether. Let us do it. The market is at PRO TEMPORE minute and to revise and extend her re- stake. The U.S. economy is at stake. marks.) The SPEAKER pro tempore (Mr. f Ms. DELAURO. Mr. Speaker, if we BUNN of Oregon). The Chair reminds pass the Republican budget, the chil- Members when they are addressing the NOW WE MUST DECIDE ON dren of the gentleman from New Jersey House not to be accompanied by others SPENDING PRIORITIES [Mr. PALLONE] will have the air that who are not Members. (Mr. DOYLE asked and was given they breathe fouled, the water they f permission to address the House for 1 drink dirty, we will deny them their minute and to revise and extend his re- LUCRATIVE NEW BUSINESS: BODY opportunity for student loans to be marks.) able to get an education. BROKERING Mr. DOYLE. Mr. Speaker, I was in This Republican budget does exactly (Mr. TRAFICANT asked and was my district this weekend and I spoke what it says it does, and it denies chil- given permission to address the House with many people throughout western dren opportunity, if you take a look at for 1 minute and to revise and extend Pennsylvania who are upset with the it, chapter and verse, and you look at his remarks.) budget impasse here in Washington. the fine print. Mr. TRAFICANT. Mr. Speaker, the One of my constituents, Joe Palumbo, Last month, Mr. Speaker, Speaker stock market fell 101 points, 2 percent put it to me quite simply when he GINGRICH shut down the Government of its total value. Everybody is making said—‘‘MIKE, why can’t Republicans because he did not like his seat on Air a lot of excuses. and Democrats, stop bickering and sit Force One. Now, he is at it again. What The truth of the matter is America down together and work out their dif- was it this time that caused the Speak- has become a paper tiger. Check this ferences. er’s tantrum? Who knows? Perhaps he out: One of the most lucrative new It’s a good question. Yesterday over was invited to breakfast at the White businesses in America is body 350 members of this House agreed to House and President Clinton got two brokering. That is right, selling cadav- balance the budget in 7 years using the slices of bacon while Speaker GINGRICH ers, dead bodies, for up to $1,500. latest CBO economic assumptions. We only got one. Think about it, it is getting to the agree on balancing the budget, now we What we do know is the American point the only way to make a living in have to decide on spending priorities. people have rejected Speaker GING- America is over someone’s dead body. Let me ask three things of my col- RICH’s budget, a budget which would But if you are not surprised about leagues, both Democrat and Republican devastate Medicare, Medicaid, and edu- that, what is the big surprise, folks? as an early Christmas present. H 15098 CONGRESSIONAL RECORD — HOUSE December 19, 1995 First, let us tone down our rhetoric Oh, we all want to balance the budg- here representing the average Amer- and listen to each other as well as talk. et. The Democrats have stood their ican. Never have we had a Congress so Second, let us respect each others ground on that. The Democratic helped stupid that it closed the Government concerns over tax cuts, Medicare, edu- craft and pass a resolution that al- down once, but twice. These Repub- cation, and other items as valid. lowed this Government to remain open, licans do not learn. But how pleased I And finally, let us not miss this his- signed on November 19, that said we am they smoked out their supporters. toric opportunity to reach a com- would balance the budget, protecting I hope you guys all sign up, back the promise that will balance our budget in Medicaid, education, Medicare, agri- CEO’s of America. Be proud you are for a fair and equitable way. culture, national defense, and the vet- corporate welfare. I am proud I am not. Americans are counting on us. erans. I am for Medicare, I am for Medicaid, I f Where are the Republican members am for student loans, and I am for who would come to the table to pass a standing up for what built this coun- WE NEED A BALANCED BUDGET clean continuing resolution. This is a try. NOW season to be joyous. This is a season to f (Mr. JONES asked and was given per- stand for the American people. Let us mission to address the House for 1 get a budget that we can all agree LAST CHANCE FOR A BALANCED minute and to revise and extend his re- with. BUDGET marks.) f (Mr. KNOLLENBERG asked and was Mr. JONES. Mr. Speaker, we are in given permission to address the House CEO’S CALL FOR END TO the middle of the most important de- for 1 minute and to revise and extend GRIDLOCK bate in decades—do we balance the his remarks.) budget or do we allow the out of con- (Mr. KINGSTON asked and was given Mr. KNOLLENBERG. Mr. Speaker, trol spending to continue. If we do not permission to address the House for 1 let me just suggest to the gentlewoman balance the budget now, it will never minute and to revise and extend his re- from Colorado that I am for those same happen. marks.) things. I am for protecting Medicare, We have worked for months on devel- Mr. KINGSTON. Mr. Speaker, yester- for protecting education, I am for pro- oping a plan that would protect future day when the President failed again to tecting Medicaid. generations and the country’s fiscal offer a balanced budget, he proved once Mr. Speaker, this is the last best solvency. Our balanced budget offers more that old Democrats do not morph chance perhaps that we will have to the American people a dividend. into new Democrats. In fact, it is clear balance this budget. We have a window Just a month ago, President Clinton that old Democrats do not even die, of opportunity right how to do the they just fake away. They fake at bal- agreed to work with us to achieve a right thing for the American people. balanced budget using CBO numbers. ancing the budget, they fake at nego- The Republican majority has a plan. tiations, they fake at ending welfare as However, once again the President has I do not see one coming from the Presi- we know it, and they fake at inhaling. back peddled playing politics as usual. dent. He says he wants to balance the Well, today the CEO’s across America He is more concerned with power and have had enough. They have taken out budget, to produce a plan, yet he has spending taxpayer money than he is this full page ad in the Washington not produced a plan. He has not even about our children’s future. We have Post saying end the gridlock, Mr. shown us his plan. Instead of working offered a reasonable, responsible bal- President. These are folks from Ford, with the Republican majority to find anced budget which benefits the Amer- General Motors, Circuit City, Toys-R- some common ground, he continues to ican people. Us. What they are asking the President mislead America with imaginary President Clinton, it is time for to to do is what the Congress has already spending cuts on Medicare, Medicaid, put the political games aside and start done: Use realistic numbers and the education, and so forth. working on behalf of the American peo- CBO scoring to balance the budget in 7 The President’s philosophy seems to ple. years. And I would say if the President be to scare the children, scare the poor, f will come to the negotiating table and scare the veterans, and scare the sen- iors. As 1995 comes to an end, the LET US AGREE ON A BALANCED do what he promised to do 3 weeks ago, American people need to know that the BUDGET then we can resolve this. I, for one Member of Congress, agree only thing standing between them and (Ms. JACKSON-LEE of Texas asked with the CEO’s and the major employ- a balanced budget, lower taxes, lower and was given permission to address ers across the Nation. I am going to interest rates, and more jobs, is the the House for 1 minute and to revise sign my name to this. I invite my fel- President, President Clinton. and extend her remarks.) low Republicans to do the same, and I Mr. Speaker, the majority stands Ms. JACKSON-LEE of Texas. Mr. invite my fellow Democrats. If you ready to work with the President. It is Speaker, this is a tragically historic agree with this, please put your name time for him to provide leadership and time, because the Republicans for the on this in front of the American people. help us end the days of spend now, and first time in history have shut down f worry later. the United States Government two f times in 1 year. There are faces to this CEO’S DEMAND MORE CORPORATE shutdown. As I listen to the cries in my WELFARE PRESENT A RESPONSIBLE BALANCED BUDGET district in Houston, various Federal of- (Mrs. SCHROEDER asked and was fices that serve the American people given permission to address the House (Ms. VELA´ ZQUEZ asked and was shut down, doors closed, but yet there for 1 minute and to revise and extend given permission to address the House are also faces behind those who work in her remarks.) for 1 minute and to revise and extend those offices, with families on the Mrs. SCHROEDER. Mr. Speaker, OK, her remarks.) brink of Christmas and in the midst of everybody, watch who signs up. Watch Ms. VELA´ ZQUEZ. Mr. Speaker, last Hanukkah. who signs up, because we now know time the Republicans shut down the All Americans are suffering. And what the issue is. These are the CEO’s Government because the Speaker was then I might ask about the mother who demanding that they have more cor- unhappy with his seat on Air Force lives in the Houston area, unemployed, porate welfare and they want us to kill One. without any support systems, an 8- Medicare. They want us to kill the Now, the Republicans have shut down month-old who has respiratory prob- things that mean a lot to the middle the Government because the President lems, a 5-year-old with heart problems, class so they can continue on with will not accept a budget agreement and an 8-year-old with a brain tumor. their golden parachutes, the great tax that would devastate health care for That mother needs Medicaid, yet on cut that they have been promised, and the elderly and the poor while giving a the backs of those children and that they want their Christmas to come. huge tax break to the rich. mother, this Republican Congress Well, I am here not representing the The Republicans are holding the Gov- wants to balance the budget. CEO’s, the fat cats of America. I am ernment hostage in order to force their December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15099 budget priorities on this country. When You hear the GOP say they are mak- tion, the Bush administration, the are Republicans going to realize that ing history. But you will not hear them Nixon administration and every admin- the majority of Americans reject their discuss the history of the Reagan-Bush istration prior. When we had a conflict mean-spirited budget proposal? era—and the trillions of dollars of debt between the executive and the legisla- A balanced budget should not come they racked up. Those Republicans tive branches, you pass a clean con- at the expense of the elderly. Let’s bal- busted the budget by shifting the tax tinuing resolution at the lower of the ance the budget by giving less for de- burden to working families and cutting House or Senate level. You keep the fense and ending sweetheart deals to the safety-net for the most vulnerable. Government functioning. You do not special interest groups. Sound familiar? As we have all heard hold Federal employees hostage. And Mr. Speaker, I urge you to honor the one Republican say, ‘‘there they go that is what we are doing, and to do it commitment you made last month again.’’ at Christmastime is wrong. It is mean- with the President and give us a re- f spirited. sponsible balanced budget that pro- I was in a school yesterday and the tects children and education and stop USE HONEST NUMBERS TO principal and teachers came up and this mean-spirited attack on seniors. BALANCE THE BUDGET said, ‘‘You know, these children are f (Mr. COX of California asked and was not happy like they should be at given permission to address the House Christmas time. Their parents are PASS BALANCED BUDGET NOW for 1 minute and to revise and extend fighting, their parents do not know (Mr. BASS asked and was given per- his remarks.) what the future holds, they are not mission to address the House for 1 Mr. COX of California. Mr. Speaker, buying Christmas presents.’’ We have minute and to revise and extend his re- yesterday the stock and bond markets ruined their Christmas, and it is marks.) sent a unmistakable signal to Washing- wrong. Mr. BASS. Mr. Speaker, yesterday by ton: Balance the budget. Congress, the f a vote of 351 to 40, with 133 Democrats House and the Senate, have passed a b joining a unanimous vote on the part balanced budget, the first in decades. 1030 of the majority, we passed a resolution The President has vetoed it, claiming REPUBLICAN PROMISE TO reaffirming our commitment to a bal- that it cuts Medicare spending. In fact, BALANCE THE BUDGET anced budget in 7 years using honest as Hillary Rodham Clinton testified on (Mr. BOEHNER asked and was given numbers. Capitol Hill very recently, the Presi- permission to address the House for 1 Well, today we are going to have the dent’s own proposal was to reduce the minute and to revise and extend his re- second part of the story here. We are rate of growth in Medicare spending marks.) going to bring up the President’s budg- from around 12 percent to around 7 per- Mr. BOEHNER. Mr. Speaker, let me et for a vote. We are going to find out cent. The budget that was passed by remind my colleagues of the fact there just how unanimous the support is this Congress increases Medicare was an election in November 1994 when among Republicans and Democrats to spending more than 7 percent in every the American people decided to make a vote for the President’s budget. It is year. great change in this Congress. For the time that we got the basic issues here, The President of the United States is first time in 40 years they decided to and that is do we really support a bal- hiding behind this distortion, this lie, put Republicans in charge of both anced budget in 7 years? about Medicare, because he wants to Houses of Congress. It has been 12,093 days since the avoid balancing the budget. Over this past year we have kept our President promised us a 5-year bal- Yesterday this Congress sent him an- word to the American people. The anced budget. It is time for Repub- other message: Balance the budget central promise that we made to them licans and Democrats who agree on using honest numbers. Do not cook the is that we would balance the budget in saving this country for our children books. Do as you promised, standing 7 years using honest numbers. And all and our children’s future to get to- right here; use the Congressional Budg- year we have done that by increasing gether and make the President as rel- et office figures. The budget the Presi- the amount of money for Medicare, in- evant as he has been all through the dent submitted is $115 billion out of creasing the amount of money for Med- 1995, which is irrelevant, and pass a balance. Let us get to work. Let us do icaid, increasing the amount of money balanced budget over his veto. it for America’s future, for our chil- for student loans. f dren, and for our grandchildren. Mr. Speaker, during the last shut- f down of the Government, the President GOVERNMENT SHUTDOWN LET FEDERAL EMPLOYEES WORK decided that he would finally agree (Mr. GUTIERREZ asked and was with us; that we would balance the given permission to address the House (Mr. MORAN asked and was given budget in 7 years using honest num- for 1 minute and to revise and extend permission to address the House for 1 bers. But over the last 29 days, the his remarks.) minute and to revise and extend his re- President has not kept his word. He has Mr. GUTIERREZ. Mr. Speaker, all marks.) done nothing to further the commit- around Washington, we hear the sounds Mr. MORAN. Mr. Speaker, yesterday ment that he made to the American of the season. Not the holiday season— at a press conference Speaker GINGRICH people that he would balance the budg- the budget season. indicated that there were a great many et in 7 years. We hear the word furlough float House Republicans who objected to Now, the long and short of this is through the air. Who gets furloughed if paying Federal employees for not that we are going to keep our word to the Government keeps shutting down? working. Fair enough. Federal employ- the American people. We are going to But the key question is not fur- ees do not want to get paid for not do what we promised we would do. It is lough—it is how low? How low will the working. They want to work. We ought time for the President to keep his Speaker stoop to satisfy special inter- not repeat a situation where we paid promise. est sponsors? How long will GINGRICH out $750 million to Federal employees f sink America’s seniors into debt just to for not working. They should have been pay-off his own political debts? at work then, and they certainly THANKS TO SPEAKER GINGRICH With every shutdown, we hear the should be at work now. WE ARE AT DAY NO. 4 OF SHUT- question: Who is essential? But the key There are two things the Speaker DOWN NO. 2 question is not who is essential, but could do to rectify the situation. One, (Ms. WOOLSEY asked and was given what is essential? we have legislation we are trying to permission to address the House for 1 To Republicans, essential means the get to the floor that would keep Fed- minute and to revise and extend her re- wealth of the upper-class rather than eral employees on the job and reim- marks.) the health of the middle-class. To the burse them subsequently when appro- Ms. WOOLSEY. Mr. Speaker, thanks GOP, essential means the priorities of priation became available. to Speaker GINGRICH and the new ma- powerful political patrons—rather than The second thing to do is just what jority, today is day No. 4 of Govern- public programs that protect people. we did during the Reagan administra- ment shutdown No. 2. All in the last 2 H 15100 CONGRESSIONAL RECORD — HOUSE December 19, 1995 months. As far as I’m concerned, that’s Mr. GENE GREEN of Texas. Mr. the House for 1 minute and to revise 4 days and 2 shutdowns too many. Speaker, congratulations on being and extend his remarks.) Yes, my friends, we’re at this point named man of the year. The Speaker Mr. PETERSON of Florida. My again because Speaker GINGRICH and has had an impact on our country, but friends, the magic number is 237—237 the new majority just can’t seem to do has the Speaker’s impact been good? Members of the House of Representa- their job. They haven’t done their job The poll that accompanies this article, tives last week voted against this reso- when it comes to passing the spending ‘‘The Man of the Year’’ article, appears lution. This resolution said that the bills needed to keep the Government to demonstrate that the American peo- House of Representatives unequivo- running. ple do not believe the impact has been cally supports the men and women of And, they haven’t done their job good. the United States Armed Forces who when it comes to living up to their side ‘‘Which descriptions apply to the are carrying out their mission in sup- of the deal to deliver a budget that pro- Speaker,’’ asked the poll. Listen to port of peace in Bosnia and tects Medicare; Medicaid; education; this. Only 24 percent described the man Herzegovina with professional excel- the environment; and poor children. of the year as someone they could lence, dedicated patriotism, and exem- Unfortunately, for the Nation, when trust. Only 26 percent describe him as plary behavior. the new majority doesn’t do its job, we someone they would be proud to have Two hundred and thirty-seven Mem- all suffer—crucial services for the el- as a leader in Congress. Even worse, 63 bers of the House of Representatives derly; veterans and National Parks percent described the Speaker as too cannot even agree on supporting the have, once again, been cut off, and the extreme in his views. troops in Bosnia. Does that tell my col- stock market is now dropping. This Na- The Speaker has had a impact. He leagues something about the possibil- tion can’t afford another day of Speak- has had an impact on the country, but ity of a budget deal? Ladies and gentle- er GINGRICH’s Government shutdown. I hope and pray that cutting Medicare, men, this is a disgrace. It is a disgrace It’s time to stop the partisan bicker- cutting education funding, and cutting to this Nation. I have never been so ing; pass a temporary funding bill; and crime fighting funding to finance a tax disappointed in my life to see people get to work on a balanced budget that break for the wealthy is not the way to walk up here and cast a ‘‘no’’ vote protects Medicare; Medicaid; Edu- become Time magazine’s ‘‘Man of the against support of the troops. cation; the environment; and poor chil- Year.’’ nor do I believe that shutting f dren. down the Government twice to win concessions from the President, conces- PRESIDENT IS FAILING TO HONOR f sions which include severe cuts in Med- COMMITMENT MADE ON NOVEM- BUDGET IMPASSE TO BLAME ON icare, Medicaid, education, and crime BER 20, 1995 STOCK MARKET PLUMMETING fighting, while simultaneously provid- (Mr. TIAHRT asked and was given permission to address the House for 1 (Mr. KOLBE asked and was given per- ing extreme tax breaks before we bal- minute and to revise and extend his re- mission to address the House for 1 ance the budget, is the most upstand- marks.) minute and to revise and extend his re- ing way to become ‘‘Man of the Year.’’ f Mr. TIAHRT. Mr. Speaker, yesterday marks.) Congress voted to overwhelmingly sup- Mr. KOLBE. Mr. Speaker, yesterday, PRESIDENT WOULD RATHER SEE port the agreement that President the stock market plummeted by over SHUTDOWN CONTINUE THAN TO Clinton signed into law on November 100 points. That is the biggest drop in SUBMIT A BALANCED BUDGET 20, 1995, stating that Congress and the nearly 4 years on a single day. I do not (Mr. CHAMBLISS asked and was President shall enact a 7-year, CBO- think we need to ask why. Investors, given permission to address the House scored balanced budget. The vote market analysts, traders, economists for 1 minute and to revise and extend proved that the President is failing to and, yes, common folks that buy and his remarks.) honor his commitments and his word. sell stocks are telling us why. They are Mr. CHAMBLISS. Mr. Speaker, it has Today should also be very interest- worried that for the first time that this been 29 days since the President agreed ing. Later, Congress will debate and budget impasse is going to continue. to enact a 7-year balanced budget, and vote on the President’s fourth budget. They thought we were going to have a Congress is still waiting for President Just like the first three, it fails to bal- 7-year balanced budget. They thought Clinton to produce a serious budget. I ance. And just like the other budget, it at the end we would get that. But now am led to believe that the President fails to address issues like the solvency they see the intransigence of this would rather see the shutdown of the of Medicare or reprimands to agencies President; that we may not actually government continue than to submit a like the Department of Energy, where get a 7-year balanced budget, and they balanced budget. Secretary O’Leary is spending millions know what that means. Congress, a I emphasize that word, of dollars on overseas travel where she It means that we are talking about ‘‘Congress’’, because in a bipartisan ef- has no responsibility. higher interest rates. It is the Amer- fort, a bipartisan effort of Republicans, President Clinton is long on spend- ican family that will suffer. They will and Democrats kept our end of the bar- ing, short on ideas. He is unable to be paying more for their automobile. gain. We submitted a balanced budget present a balanced budget and he is un- They will be paying more for their chil- in 7 years that met the CBO standards, able to be honest about the details dren’s education. They will be paying but the President vetoed that. about the budget that is before him, more for their mortgage because we Since that veto, the President has just as he is dishonest about the details cannot get a 7-year balanced budget. failed to present a legitimate alter- of Bosnia. We cannot do what we have to do in native. His only attempt at a balanced f order to get interest rates down so that budget is $365 billion out of balance. American families can thrive; and so $115 billion of that comes in the last EMERGENCY ASSISTANCE TO UN- that, yes, those CEO’s somebody was year and higher amounts in between. EMPLOYED NOT AVAILABLE DUE talking about earlier can make jobs for Mr. Speaker, it is all very simple. If TO GOVERNMENT SHUTDOWN Americans. the President wants to avoid the con- (Mr. REED asked and was given per- That is what this budget is all about. tinuing shutdown, let him submit a mission to address the House for 1 It is for our future. It is for our chil- balanced budget that we can lay on the minute and to revise and extend his re- dren’s future and we should do it now. table, talk about, and it will pass in marks.) f this Congress if it meets CBO numbers. Mr. REED. Mr. Speaker, I have heard some callously suggest that if you shut SPEAKER GINGRICH NAMED MAN f down the Government no one would no- OF THE YEAR 237 MEMBERS VOTED AGAINST tice. (Mr. GENE GREEN of Texas asked SENDING TROOPS TO BOSNIA Well, Mr. Speaker, nothing could be and was given permission to address AND HERZEGOVINA further from the truth. the House for 1 minute and to revise (Mr. PETERSON of Florida asked In my home State of Rhode Island, 27 and extend his remarks.) and was given permission to address Almacs supermarket stores have gone December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15101 out of business during the holiday sea- Medicare, Medicaid, education, and the Mrs. CLAYTON. Mr. Speaker, this is son. environment. the Christmas season. This is the ob- Normally, these 2,000 workers from The Republican leadership has failed servation of Hanukkah. Both of those Almacs would be eligible for emer- in its responsibility to the American religious communities now celebrate gency assistance from the Labor De- people to enact a budget. This failure what should be a joyful season. It is partment. But, with the shutdown, has wide-ranging effects. the season of Advent. It is the season there is no one to process the State’s It’s not just the Federal employees where we have certain words that come application for assistance, and as a re- who are prevented from working. Cru- to mind, like sharing of family values sult, there will be no help for the fami- cial services to the American public and those things that are essential. It lies of Almacs workers during the holi- are not available: FHA mortgages are is the season where we learn to give days. And that, Mr. Speaker, is a going unprocessed; small businesses are within our means. I hope it is the sea- shame. not receiving assistance; and veterans’ son that is instructive to us as we are The Speaker could have prevented benefits may be delayed. debating the balanced budget. the shutdown and responded to last As a former member of the Missouri It certainly is not a season for joy for year’s call for an end to gridlock. Be- State Legislature and chairman of the those workers who have been fur- cause right now gridlock is back. House Ways and Means Committee—we loughed. There does not seem to be a The Republicans have a 7-year budget balanced our budget while protecting sense of fairness when the poor must plan that is just too extreme, and they vital services and passed our spending suffer while the rich are given big tax know it. measure every single year. We do it at breaks. It is certainly not the season I am glad the President did the right the State level as do county’s and for living within your means when in- thing to protect the education, health cities and business and homes and we deed we find the deficit will go up at care, and the environment. should be able to do it at the Federal the end of 7 years rather than go down. Yes, this is the season where we Mr. Speaker, I urge you to end the level. should be reasonable people. I would politics and start serious negotiations. It is time to work together to get the expect that reasonable people will job done. It is time to pass necessary f learn how to compromise. Shame on us spending bills and to offer a budget res- MEDICARE PLAN NOT GOING TO in this season of joy, this season of Ad- olution that protects the values of the KILL MEDICARE vent, when we bring such discord, such American people. The American people dis-joy and such pain on the most vul- (Mr. GANSKE asked and was given want teamwork and this is what we as permission to address the House for 1 nerable. We should be sharing our Democrats insist upon. wealth not taking away health care for minute and to revise and extend his re- f marks.) the vulnerable people of this country. Mr. GANSKE. Mr. Speaker, I was in PRESIDENT SHOULD BE KEEP HIS f my office a few minutes ago when I COMMITMENT TO AMERICAN b 1045 heard a statement made on the floor PEOPLE STOP WEAVING FABLES AND TELL that I felt I had to respond to. I would (Mr. CANADY of Florida asked and THE TRUTH be ashamed to stand on this floor and was given permission to address the say that the balanced budget plan, the House for 1 minute and to revise and (Mr. MICA asked and was given per- Medicare plan is going to kill Medi- extend his remarks.) mission to address the House for 1 care. That is simply not the case. Mr. CANADY of Florida. Mr. Speak- minute and to revise and extend his re- I can speak with some credibility to er, just moments ago the President marks.) this because I am a member of the signed into law the Lobby Disclosure Mr. MICA. Mr. Speaker, how could Committee on Commerce, and in my Act of 1995. I am very pleased that the the President of the United States opening statement on the markup I President has taken this action, and I gather little schoolchildren for a media said that I thought a savings of $270 congratulate the President on his sup- event backdrop to veto a bill and not million would be tough and that it port for this important reform meas- tell them and the American people the truth? would be my preference to lower those. ure. Mr. Speaker, our President should re- And the fact of the matter is that the But today, as we are facing a Govern- member the story of Pinocchio when he ment shutdown, as we are facing the current budget numbers are signifi- weaves these fables. The President and cantly lower in terms of the savings challenge of balancing the budget, I the American people should know what from Medicare. This is a message that must remind the President of some- is happening with their Federal Envi- I think we are obscuring. thing he signed into law just a few days ronmental Protection Agency and haz- Can these savings be done that would ago. The President signed this lan- ardous waste dollars. The truth is the still give quality Medicare? As a physi- guage into law: ‘‘The President and the General Accounting Office has said raw cian, I think so. But I will tell my col- Congress shall enact legislation in the politics, not public health or safety, is leagues what will happen if we do not. first session of the 104th Congress to the prime consideration for picking If we do not reform Medicare, in 6 achieve a balanced budget not later cleanup sites. years there are, I understand, insuffi- than fiscal year 2002, as estimated by The truth is that 85 percent of Fed- cient funds to pay the bills. Let us get the Congressional Budget Office.’’ eral Superfund money goes for attor- past the demagoguery. This is a solemn commitment that ney fees and studies. The truth is that f the President has made to the Amer- we have doubled the size of the Envi- ican people, and I believe that the FURLOUGHED FEDERAL ronmental Protection Agency in Wash- President is obligated to come forward EMPLOYEES ington, with almost 9,000 bureaucrats with a plan which will accomplish this in Environmental Protection Agency (Ms. MCCARTHY asked and was goal. The President said he would do it, downtown just a few miles from here. given permission to address the House now is the time to do it. The truth is that even the courts say for 1 minute and to revise and extend The House, last night, voted resound- that cleaning up dirt to an edible her remarks.) ingly on a bipartisan basis to support standard is wasteful and ludicrous. We Ms. MCCARTHY. Mr. Speaker, thou- the same goal. We can do it. The Presi- need to stop weaving these fables and sands of Federal employees in my dis- dent needs to put his plan on the table. tell the truth. trict are once again furloughed and f f nine cabinet-level agencies plus EPA and NASA serving millions of Ameri- NOT A SEASON OF JOY FOR CONTINUING RESOLUTION FOR cans have shut their doors. FURLOUGHED WORKERS D.C. KEEPS CITY’S HEART BEAT- The Republican leadership for a sec- (Mrs. CLAYTON asked and was given ING, BUT BREAKS THE HEARTS ond time has chosen to use American permission to address the House for 1 OF CITY’S RESIDENTS taxpayers as pawns in an effort to com- minute and to revise and extend her re- (Ms. NORTON asked and was given promise the President’s vow to protect marks.) permission to address the House for 1 H 15102 CONGRESSIONAL RECORD — HOUSE December 19, 1995 minute and to revise and extend her re- CONGRESS SHOULD DEAL WITH do. Balance the budget. Balance the marks.) THE REAL PROBLEMS FACING Federal budget. End waste. Do what all Ms. NORTON. Mr. Speaker, I rise to AMERICA Americans do. Make the ledger sheet ask the support of this body for a con- (Mr. HINCHEY asked and was given balanced, and then we can move on to tinuing resolution for the District of permission to address the House for 1 other important issues. Columbia, which will come before this minute and to revise and extend his re- f body this afternoon. marks.) DO WE CUT TAXES OR DO WE Members will shake their heads when Mr. HINCHEY. Mr. Speaker, first of HELP SENIOR CITIZENS AND they see it, for if we were to ask what all, with regard to what the previous CHILDREN is the least we could do to carry out speaker said, there were other pre- (Mr. GEJDENSON asked and was our responsibilities to the Nation’s conditions. The President agreed to a given permission to address the House Capital, this would be it. Allow the balanced budget so long as that bal- for 1 minute and to revise and extend District to spend its own money for a anced budget protected Social Secu- his remarks.) little more than a week and get no part rity, protected Medicare, protected Mr. GEJDENSON. Mr. Speaker, what of its Federal payment. education, and protected the environ- is clear here is that the Republicans Mr. Speaker, this comes close to hu- ment. are intentionally avoiding the issue at miliation for the 600,000 people I rep- Mr. Speaker, the budget that these hand. We can do that with the Senate. resent, who are not allowed any access people want to pass on this side of the Senator DOLE and Senator DOMENICI to their Federal payment, even though House does none of that. But what are ready for an agreement that will they are second per capita in Federal about that resolution that was passed keep the Government running while we income taxes in this country. yesterday? It is a nonbinding resolu- debate a very serious issue, whether or But a worse humiliation would be the tion that says that we should balanced not 60 percent of a $245 billion tax cut total catastrophe of a second shutdown the budget in 7 years. What is the va- goes to people who make over $200,000 a of the District on its own money. There lidity of that number? None whatso- year or whether we cut $270 billion have been several agreements that ever. The Speaker dreamed it up. It from the anticipated cost of Medicare. would have broken this impasse, but might as well have been 5 or 9 years. That is the only debate here. each time some person or the other Furthermore, there will be 3 Con- Before we shut the Government down simply turned over the tables. gresses here between now and the year because the Speaker got a bad seat. Our appropriation has been delayed 2002. Neither of those 3 Congresses will Now we are shutting the Government for 3 months now. No city can survive be bound by what this Congress has down because the Speaker has worse this way. It has delayed reform, taken done. They will have to deal with the poll numbers than Richard Nixon when it off the table and forced the District economic realities of the situation. he left office. into crisis management. What will those economic realities be? Today’s continuing resolution keeps Let us not take out the Speaker’s If you believe the Congressional Budget bad seat or bad poll numbers on the the city’s heart beating, but it breaks Office numbers, which is what that res- the heart of my 600,000 good residents. American people. Let us do what pre- olution said, the economic realities vious Congresses did when they were f will be this: A recession; perhaps a deep responsible, even when they disagreed and serious one. with each other. They kept the Govern- PRESIDENT HAS ALREADY Let us be serious here. Let us deal ment running, and they had that de- AGREED TO PRECONDITIONS IN with the real problems facing the peo- bate. The debate is pretty basic: Do we BUDGET DEBATE ple of this country. It is the economic cut taxes by $245 billion or do we help (Mr. HOKE asked and was given per- problems. It is the creation of more protect seniors and children? jobs and a sound economic budget; not mission to address the House for 1 f minute.) the one that was passed here by this Mr. HOKE. Mr. Speaker, I do not majority. WE NEED A BUDGET THAT BAL- know if you watched the news shows f ANCES IN GOOD TIME BUT PRO- this weekend, but the drumbeat has TECTS THE ECONOMY been from the Chief of Staff, Leon Pa- PRESIDENT SHOULD DO WHAT (Mr. NADLER asked and was given netta, that the President would meet ALL AMERICANS DO: BALANCE permission to address the House for 1 with leaders of Congress provided that THE BUDGET minute and to revise and extend his re- there are no preconditions. No pre- (Mr. LAHOOD asked and was given marks.) conditions. No preconditions. It is a permission to address the House for 1 Mr. NADLER. Mr. Speaker, the Re- mantra he has been repeating and he minute and to revise and extend his re- publicans have shut down the Govern- has been beating. marks.) ment because they claim that we have Mr. Speaker, 29 days ago the Presi- Mr. LAHOOD. Mr. Speaker, yesterday to have a balanced budget in 7 years dent signed a piece of paper that, in the House passed in a very bipartisan based on figures provided by the Con- fact, did have one single precondition. fashion, with many Democrats, a sense gressional Budget Office—and only the It was very simple. It said that he of the Congress resolution to balance Congressional Budget Office. agreed the President and the Congress the budget. Earlier this year, we passed Republicans have been leading many should enact legislation in the first a balanced budget amendment with 300 Americans to believe that if we adopt session, that ends at the end of Decem- votes. their balanced budget plan, interest ber, to achieve a balanced budget not Now, apparently, Democrats too rates will drop, there will be more jobs, later than the fiscal year 2002. As esti- want a balanced budget. If there is one and economic conditions for families mated by whom? By the Congressional thing that the American people under- will improve significantly. Budget Office. stand, it is balancing the budget, be- But according to that same Congres- That is the only precondition, but it cause they balance their budget year in sional Budget Office, after a few years is a very real precondition and it is an and year out. They cannot understand under the Republican plan, unemploy- important precondition. How can the why we cannot get our act together. ment will rise and economic growth President now be saying that he is not Mr. Speaker, there is really only one will drop. going to even meet, he will not even person standing in the way of all of You don’t have to be an economist to talk unless there are no preconditions. this. It is not the Democrats, because know that that’s called a recession. Obviously, what the President has de- they are with us. It is not the Repub- So the Republicans are telling us cided, what the Chief of Staff has de- licans, because we have got a balanced that they have to shut down the Gov- cided, is that they are going to take budget that we sent to the President. ernment because President Clinton the lowest road they possibly can and So, we ask the President to join with won’t agree to their 7-year plan for demagogue this right through Christ- us; join with his Democrat colleagues; economic hardship. mas. join with us and do what all Americans We must continue to fight this plan. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15103 THE MUCH BALLYHOOED BUDGET Whereas Portugal and the United States President is considering the appoint- ACT OF 1995 have a relationship based on mutual respect, ment of a coordinator to raise private and a sharing of interests ideals, particularly (Mr. TAYLOR of Mississippi asked funds for U.S. participation in this the deeply held commitment to democratic exhibit. and was given permission to address values; the House for 1 minute.) Whereas today over 2,000,000 Americans Mr. Speaker, I commend the resolu- Mr. TAYLOR of Mississippi. Mr. can trace their ancestry to Portugal; and tion to my colleagues and I urge its Speaker, in a number of nationwide Whereas the United States and Portugal adoption. publications the Republican National agreed in the 1995 Agreement on Cooperation Mr. Speaker, I yield 3 minutes to the Committee ran the following ad: and Defense that in 1998 the 2 countries gentleman from Rhode Island [Mr. would consider and develop appropriate KENNEDY] who is a chief sponsor of The Republican National Committee will means of commemorating the upcoming present a cashier’s check for $1 million to House Concurrent Resolution 91. quincentennial anniversary of the historic (Mr. KENNEDY of Rhode Island the first American who can prove the follow- voyage of discovery by Vasco da Gama: Now, ing statement is false: In November of 1995, therefore, be it asked and was given permission to re- the U.S. House and Senate passed a balanced Resolved by the House of Representatives (the vise and extend his remarks.) budget bill. Senate concurring), That the United States Mr. KENNEDY of Rhode Island. Mr. On December 14, the Congressional should fully participate in Expo ’98 in Lis- Speaker, I want to thank Mr. POMBO, Budget Office sent my office this let- bon, Portugal, and encourage the private my fellow chair of the newly formed ter, and the last line of it says it all: sector to support this worthwhile undertak- House Portuguese-American Caucus for ‘‘CBO’s baseline projection for the gen- ing. his leadership on this issue. eral fund deficit for the fiscal year 1996 The SPEAKER pro tempore. Pursu- I want to thank Chairman GILMAN for is likely to be $270 billion.’’ That in- ant to the rule, the gentleman from cosponsoring this resolution and for cludes $100 billion that will be stolen New York [Mr. GILMAN] will be recog- bringing this bill to the floor so that from trust funds like the Social Secu- nized for 20 minutes, and the gen- we could act on it before the end of the rity trust fund. tleman from Indiana [Mr. HAMILTON] year. So the much ballyhooed Balanced will be recognized for 20 minutes. As well, I want to thank Mr. HAMIL- Budget Act, so-called, of 1995 really The Chair recognizes the gentleman TON for his support, and all of the other should have been stamped like this: from New York [Mr. GILMAN]. cosponsors for their support of this im- ‘‘Certified $270 billion deficit by the Mr. GILMAN. Mr. Speaker, I yield portant resolution. Congressional Budget Office.’’ myself such time as I may consume. At this time I also want to thank my Mr. Barbour, I am on the way to your Mr. Speaker, this resolution ex- colleague from Rhode Island, Senator headquarters. Break out your check- presses the sense of the Congress that PELL, who introduced an identical res- book, make the check out to the Uni- the United States should participate in olution which has passed in the Senate. versity of Southern Mississippi devel- Expo ’98, to be held in Lisbon, Por- The theme for Expo ’98 will be ‘‘The opment fund. tugal. The theme of the exposition will Oceans, A Heritage for the Future.’’ f be ‘‘The Oceans: A Heritage for the Fu- This exposition will celebrate the ture.’’ riches of the oceans and focus the ANNOUNCEMENT BY THE SPEAKER It will commemorate both the 500th world’s attention on the pressing need PRO TEMPORE anniversary of Vasco da Gama’s his- to protect and preserve this resource. The SPEAKER pro tempore. Pursu- toric voyage of discovery over the sea Expo ’98 presents a unique oppor- ant to the provisions of clause 5 of rule route to India and the International tunity for the nations of the world to I, the Chair announces that he will Year of the Ocean in 1998. I hope that assess the current status of our knowl- postpone further proceedings today on all my colleagues will agree that the edge of the oceans—how they can be each motion to suspend the rules on world’s oceans represent an important used, what dangers they face, how they which a recorded vote or the yeas and physical and cultural asset for man- can be protected, and how we can work nays are ordered or on which the vote kind. toward the sustainable development of is objected to under clause 4 of rule Portugal’s history has been shaped this resource. XV. Such rollcall votes, if postponed, by its maritime legacy, as has our own. The United States has a special in- will be taken later in the day. I should add that in calling for the terest in Expo ’98 because of our pre- f United States’ participation in Expo eminent position as a leader in the de- ’98, this resolution makes clear that velopment of environmental UNITED STATES PARTICIPATION the private sector should provide the technologies. IN EXPO ’98 IN LISBON, PORTUGAL means for our participation. Expo ’98 offers the chance for the Mr. GILMAN. Mr. Speaker, I move to Mr. Speaker, I reserve the balance of United States to demonstrate and cap- suspend the rules and agree to the con- my time. italize on our leadership in the field of current resolution (H. Con. Res. 91) ex- Mr. HAMILTON. Mr. Speaker, I yield environmental protection and environ- pressing the sense of the Congress that myself such time as I may consume. mental technologies. the United States should participate in (Mr. HAMILTON asked and was given With this resolution, the House will Expo ’98 in Lisbon, Portugal. permission to revise and extend his re- be sending a clear message that par- The Clerk read as follows: marks.) ticipation in this expo is important to H. CON. RES. 91 Mr. HAMILTON. Mr. Speaker, I be- our national priorities—economic, en- Whereas there was international concern lieve events such as Lisbon Expo ’98 vironmental, and international. expressed at the Rio Conference of 1992 about provide an important forum for cul- With this resolution, we will be send- conservation of the seas; tural and economic exchange between ing a clear message that Congress be- Whereas 1998 has been declared the ‘‘Inter- the people of Portugal and the United lieves our participation should be the national Year of the Ocean’’ by the United States. Portugal is a close friend, ally, result of a cooperative effort between Nations in an effort to alert the world to the and trading partner. Two million Por- government and the private sector. need for improving the physical and cultural assets offered by the world’s oceans; tuguese immigrants have made great By showing our commitment, we will Whereas the theme of Expo ’98 is ‘‘The contributions to this country. be able to earn commitments from Oceans, a Heritage for the Future’’; Mr. Speaker, I also support the United States businesses with interests Whereas Expo ’98 has a fundamental aim of theme of Lisbon Expo ’98. I believe that in Portugal and the environment. alerting political, economic, and public opin- more attention needs to be focused on The United States belongs at Expo ion to the growing importance of the world’s protecting the health of our oceans. I ’98. We care deeply about the focus of oceans; register a single concern. Given the the exposition and it is also important Whereas Portugal has established a vast current Federal budget, I believe for us to show our commitment to one network of relationships through ocean ex- ploration; strongly that funding for U.S. partici- of our closest European allies—Por- Whereas Portugal’s history is rich with ex- pation in Expo ’98 should come exclu- tugal. amples of the courage and exploits of Por- sively from the private sector. There- Expo ’98 presents Portugal the oppor- tuguese explorers; fore, I am pleased to learn that the tunity to showcase its recent economic H 15104 CONGRESSIONAL RECORD — HOUSE December 19, 1995 advances and the role it will play in a Whereas Expo ’98 has a fundamental aim of cern about violations of fundamental human more united, cooperative Europe. alerting political, economic, and public opin- rights in Burma, including torture, summary The ties between Portugal and the ion to the growing importance of the world’s and arbitrary executions, massive use of United States are deep and old. Expo oceans; forced labor including forced portering for Whereas Portugal has established a vast the military, abuse of women, political ar- ’98 will be a celebration of these ties, a network of relationships through ocean ex- rests and detentions, restrictions on freedom celebration of an old and valued friend- ploration; of expression and association, and oppressive ship. Whereas Portugal’s history is rich with ex- measures directed at ethnic and religious I urge my colleague to support this amples of the courage and exploits of Por- minorities; resolution, and thank all of those who tuguese explorers; Whereas the United Nations Commission have already supported this resolution. Whereas Portugal and the United States on Human Rights noted that most of the 1990 democratically elected representatives have b have a relationship based on mutual respect, 1100 and a sharing of interests and ideals, par- been excluded from the SLORC’s ‘‘National Mr. GILMAN. Mr. Speaker, I thank ticularly the deeply held commitment to Convention’’ and concluded that the conven- the gentleman from Rhode Island [Mr. democratic values; tion does not ‘‘appear to constitute the nec- KENNEDY] for his supporting remarks. Whereas today over 2,000,000 Americans essary steps towards the restoration of de- Mr. Speaker, I have no further re- can trace their ancestry to Portugal; and mocracy,’’; Whereas the United States and Portugal Whereas Burma continues to be one of the quests for time, and I yield back the agreed in the 1995 Agreement on Cooperation world’s leading sites of narcotics production balance of my time. and Defense that in 1998 the 2 countries and trafficking and, according to the United Mr. HAMILTON. Mr. Speaker, I have would consider and develop appropriate States State Department, production of no further requests for time, and I means of commemorating the upcoming opium nearly doubled in Burma since the yield back the balance of my time. quincentennial anniversary of the historic SLORC took power in a violent coup in 1988; The SPEAKER pro tempore (Mr. voyage of discovery by Vasco da Gama: Now, Whereas, according to the State Depart- BUNN of Oregon). The question is on therefore, be it ment’s International Narcotics Control the motion offered by the gentleman Resolved by the Senate (the House of Rep- Strategy Report of March 1995, the SLORC’s resentatives concurrent), That the United antinarcotics efforts last year fell far short from New York [Mr. GILMAN] that the States should fully participate in Expo ’98 in of the measures necessary to make serious House suspend the rules and agree to Lisbon, Portugal, and encourage the private progress against the drug trade, and in addi- the concurrent resolution, House Con- sector to support this worthwhile undertak- tion, the SLORC’s lack of control over her- current Resolution 91. ing. oin-producing areas is due to the SLORC’s The question was taken; and (two- The Senate concurrent resolution allowing wide-ranging, local autonomy (to thirds having voted in favor thereof) ethnic armies) in exchange for halting their was concurred in. the rules were suspended and the con- active insurgencies against Rangoon; A motion to reconsider was laid on current resolution was agreed to. Whereas the peace agreements signed by the table. A motion to reconsider was laid on the SLORC with ethnic insurgencies since A similar House concurrent resolu- 1989 were supposed to lead to both a decrease the table. in opium production and economic develop- Mr. GILMAN. Mr. Speaker, I ask tion (H. Con. Res. 91) was laid on the table. ment, but according to the State Depart- unanimous consent that the Commit- ment’s report, ‘‘neither development nor a f tee on International Relations be dis- reduction in opium cultivation has oc- charged from further consideration of GENERAL LEAVE curred’’; the Senate concurrent resolution (S. Whereas in 1948 when Burma became inde- Mr. GILMAN. Mr. Speaker, I ask Con. Res. 22) expressing the sense of pendent, the annual production of opium was unanimous consent that all Members the Congress that the United States 30 tons, Burma was then a democracy, it ex- may have 5 legislative days within ported rice to its neighbors and the world, should participate in Expo ’98 in Lis- which to revise and extend their re- and it enjoyed a free-market system; bon, Portugal, and ask for its imme- marks on the two concurrent resolu- Whereas today Burma is one of the poorest diate consideration. tions just agreed to. nations in the world and its opium produc- The Clerk read the title of the Senate The SPEAKER pro tempore. Is there tion has increased some 8,000 percent to concurrent resolution. about 2,575 tons (1992–1993); The SPEAKER pro tempore. Is there objection to the request of the gen- Whereas the drug production increase is objection to the request of the gen- tleman from New York? the consequence in large degree of the inabil- tleman from New York? There was no objection. ity of the successive military governments Mr. HAMILTON. Mr. Speaker, reserv- f in Rangoon to come to terms with the coun- try’s ethnic minorities and the refusal of ing the right to object, and, of course, CONCERNING HUMAN RIGHTS AND post-1962 military-dominated regimes to per- I do not intend to object, I yield to the DEMOCRACY IN BURMA mit an open pluralistic society; gentleman from New York [Mr. GIL- Mr. GILMAN. Mr. Speaker, I move to Whereas it is primarily through a demo- MAN] for an explanation. cratically elected civilian government in Mr. GILMAN. Mr. Speaker, by this suspend the rules and agree to the reso- Burma, supported by the Burmese people in- action we will be completing action on lution (H. Res. 274) concerning human cluding the ethnic minorities, that Burma this matter, which had already passed rights and democracy in Burma and a can make significant progress in controlling the Senate. Senate Concurrent Resolu- United Nations General Assembly reso- narcotics production and trafficking; Whereas on July 10, 1995, the SLORC re- tion 22 is identical to the House Con- lution, as amended. The Clerk read as follows: sponded to international pressure, including current Resolution No. 91, which the 5 resolutions by the United Nations General H. RES. 274 House passed a few moments ago. Assembly, by releasing Aung San Suu Kyi, Mr. HAMILTON. Mr. Speaker, I with- Whereas the military government of who had been held under house arrest for 6 draw my reservation of objection. Burma, as a member of the United Nations, years; The SPEAKER pro tempore. Is there is obligated to uphold the Universal Declara- Whereas 16 elected Members of Parliament objection to the request of the gen- tion of Human Rights and all other inter- remain in detention in Burma, along with national human rights standards and con- tleman from New York? thousands of other political prisoners, ac- ventions to which it is a signatory; cording to Human Rights Watch/Asia, Am- There was no objection. Whereas the ruling State Law and Order The Clerk read the Senate concur- nesty International, and other human rights Restoration Council (hereinafter referred to monitoring groups; rent resolution, as follows: as the ‘‘SLORC’’) in Burma has refused to Whereas in July 1995 the International S. CON. RES. 22 recognize the results of the May 1990 elec- Committee of the Red Cross (hereinafter re- Whereas there was international concern tions, which the National League for Democ- ferred to as the ‘‘ICRC’’) closed its office in expressed at the Rio Conference of 1992 about racy, led by Aung San Suu Kyi, won by a Burma due to the SLORC’s refusal to agree conservation of the seas; landslide; to allow the ICRC confidential regular access Whereas 1998 has been declared the ‘‘Inter- Whereas the United Nations Commission to prisoners; national Year of the Ocean’’ by the United on Human Rights in March 1995 unanimously Whereas the United States ambassador to Nations in an effort to alert the world to the condemned the SLORC’s refusal to ‘‘take all the United Nations visited Burma in Septem- need for improving the physical and cultural necessary steps towards democracy in light ber 1995, met with Aung San Suu Kyi, and assets offered by the world’s oceans; of those elections’’; also met with leaders of the SLORC and Whereas the theme of Expo ’98 is ‘‘The Whereas the United Nations Commission urged them to ‘‘choose the path’’ of ‘‘democ- Oceans, a Heritage for the Future’’; on Human Rights also expressed grave con- racy, rather than continued repression and December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15105 dictatorial control,’’ and declared that ‘‘fun- I am deeply concerned that a senior of Burma and to Burma’s continued damental change in the United States policy official of the Slorc in response to failure to address the grave drug traf- towards Burma would depend on fundamen- Suu’s statement called Suu a traitor ficking problem in a serious manner. tal change in the SLORC’s treatment of the who should be annihilated. That sort of I believe it is important that this Burmese people; and Whereas the United Nations Special remark is not taken lightly by this committee and this Congress speak up Rapporteur on Burma, Professor Yozo committee. for political freedom and human rights Yokota, visited the country in October 1995 Our Nation has very serious reasons whenever they are threatened. The and will deliver a preliminary report of his to be concerned about what occurs in United States should not, and will not, findings to the current session of the United Burma and to Suu Kyi. High on our pri- turn a blind eye toward political re- Nations General Assembly: Now, therefore, ority is the illicit drug production that pression or a violation of fundamental be it has had a devastating impact on our human rights in Burma or anywhere Resolved, That the House of Representa- cities, families and schools. In 1948 else in the world. tives calls on— (1) the Burmese Government to imme- when Burma became independent, the Unfortunately, the people of Burma diately begin a political dialogue with Aung annual production of opium was 30 are governed by a ruthless military re- San Suu Kyi, other democratic leaders, and tons. Burma was then a democracy, it gime that has no understanding of the representatives of the ethnic minorities to exported rice to its neighbors and the concepts of freedom or liberty or of in- release immediately and unconditionally de- world, and it enjoyed a free-market dividual rights. That is why it is im- tained Members of Parliament and other po- system. It was known as the ‘‘rice portant for the Congress to send a litical prisoners, to repeal repressive laws bowl’’ of Asia. Today, Burma is one of strong and unambiguous signal that which prohibit freedom of association and clearly places the United States on the expression and the right of citizens to par- the poorest nations in the world and its ticipate freely in the political life of their opium production has increased some side of the Burmese people and their country, to resume negotiations with the 8,000 percent to about 2,575 tons in 1992– aspirations for democracy and human International Committee of the Red Cross on 1993. rights. access to prisoners, and help control the What is the reason for this massive Similarly, this committee should re- massive flow of heroin from Burma; and increase? Bertil Litner, the Burma re- iterate its strong support for a vigor- (2) the President, the Secretary of State, porter for the Far East Economic Re- ous attack on the very serious problem and the United States ambassador to the view, states in his book ‘‘Burma in Re- of drug trafficking. United Nations to actively support and pro- House Resolution 274 calls on the mote a resolution at the current session of volt,’’ that Burmese drug production is the United Nations General Assembly reit- the consequence of: Government of Burma to take concrete erating the grave concerns of the inter- The inability of successive governments in and effective action to control the national community and calling on the Rangoon to come to terms with the coun- massive flow of heroin from Burma. In SLORC to take concrete, significant steps to try’s ethnic minorities and the refusal of this context, I also believe it is impor- fulfill its obligations to guarantee respect to post-1962 military-dominated regimes to per- tant for the United States to continue basic human rights and to restore civilian, mit an open, pluralistic society. to support alternative development ac- democratic rule to the people of Burma. Unfortunately, some U.S. officials tivities being conducted by the United The SPEAKER pro tempore. Pursu- have taken the position that the Nations drug control program in the ant to the rule, the gentleman from human rights problem should be kept principal opium growing areas of New York [Mr. GILMAN] will be recog- separate from the drug problem. What Burma. nized for 20 minutes, and the gen- these officials have failed to recognize Given the limited contact we can and tleman from Indiana [Mr. HAMILTON] is that the human rights problem is di- should have with the State Law and will be recognized for 20 minutes. rectly linked to the drug production. Order Restoration Counsel, or SLORC, The Chair recognizes the gentleman As Bertil Litner points out, the major- I believe that these efforts have the from New York [Mr. GILMAN]. ity of the opium grown in Burma is best chance of impacting opium pro- Mr. GILMAN. Mr. Speaker, I yield grown so that ethnic minorities can duction in Burma at this time. myself such time as I may consume. protect themselves. I urge the support of this resolution. Mr. Speaker, 2 weeks ago, Aung San While their leaders are not angels, it Mr. Speaker, I reserve the balance of Suu Kyi announced that her party, the is very difficult to grow anything else my time. National League for Democracy, would in those regions and they need the Mr. GILMAN. Mr. Speaker, I yield no longer participate in Slorc’s sham money for arms. Until they feel con- such time as he may consume to the constitutional convention. Suu rightly fident that a representative form of gentleman from Nebraska [Mr. BEREU- pointed out that her nation could never government is established in Rangoon, TER], the distinguished chairman of our be expected to accept a constitution they will continue to grow opium just Subcommittee on Asia and the Pacific. that was forced upon the convention like they have for the past 40 years. Mr. BEREUTER. Mr. Speaker, House participants by the military. It was A democratic Burma led by Suu Kyi Resolution 274, the resolution concern- very good to learn that our representa- and the other members of parliament ing Burma and the U.N. General As- tives at the U.N. refused this week to elected and thrown into prison in 1990, sembly that this body is considering cosponsor a U.N. human rights resolu- will help us to resolve the Burmese today is both important and timely. tion on Burma because it did not refer drug production problem that is spiral- Recent developments have heightened to the withdrawal, and subsequent ex- ing out of control. Threatening Suu tension in Burma. Burma’s democratic pulsion, from the national convention Kyi and her democratic followers opposition leader Aung Sang Suu Kyi of delegates from Suu Kyi’s party. threatens our Nation’s efforts in the recently announced that she and her Slorc demands that the constitution drug area. party, the NLD, would boycott the na- stipulates a leading role for the mili- Accordingly, I urge my colleagues to tional constitutional convention orga- tary in Burma’s political process and support House Resolution 274. nized by Burma’s military junta, the would exclude anyone married to a for- Mr. Speaker, I reserve the balance of SLORC. SLORC responded by expelling eigner from assuming the office of the my time. the NLD from the convention, thus president. Suu is married to an Oxford Mr. HAMILTON. Mr. Speaker, I yield foreclosing any chance for dialog be- professor. myself such time as I may consume. tween the Government and the opposi- Slorc claims that her decision to boy- (Mr. HAMILTON asked and was given tion. Without dialog between the demo- cott the convention is confrontation permission to revise and extend his re- cratic opposition and the SLORC the politics. Suu was right to point out marks.) prospects for democracy and stability that ‘‘what they have termed Mr. HAMILTON. Mr. Speaker, I want in Burma are bleak. Clearly, conditions confrontational is that we have asked to commend my friend and chairman, in Burma are once again on a down- for dialogue, which we want in order to the gentleman from New York [Mr. ward spiral. prevent confrontation. To silence the GILMAN], for bringing this resolution This Member commends the distin- views of people whose opinions are dif- before the House. It is a timely state- guished gentleman from New York [Mr. ferent by putting them in prison is far ment of our opposition to repressive GILMAN], chairman of the House Inter- more confrontational.’’ measures practiced by the Government national Relations Committee, for his H 15106 CONGRESSIONAL RECORD — HOUSE December 19, 1995 tireless efforts in promoting democ- the same manner as we handled South deemed to satisfy the requirements of sec- racy in Burma and other parts of Asia Africa under its former regime. We tion 583(b)(1) of such Act. and, specifically, for his initiative in need to weigh the merits of isolating The SPEAKER pro tempore. Pursu- drafting this resolution. House Resolu- Burma, prohibiting trade or invest- ant to the rule, the gentleman from tion 274 addresses the human rights ment, denying access to international New York [Mr. GILMAN] will be recog- and narcotics problems in Burma in a capital flows, and employing economic nized for 20 minutes, and the gen- constructive way. This Member hopes pressures to force the current military tleman from Indiana [Mr. HAMILTON] that Burma’s generals understand that regime, SLORC, to act according to our will be recognized for 20 minutes. the Congress of the United States wishes. The Chair recognizes the gentleman wants to promote cooperative ties be- We need to keep in mind that the from New York [Mr. GILMAN]. tween our two countries, but that United States economic role in Burma Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume. would only be possible if they take ef- is limited. And, while I support efforts Mr. Speaker, H.R. 2808 temporarily fective action to expand human rights to employ what leverage we have to extends the Middle East Peace Facili- and democracy in Burma and to clamp our advantage, I insist that we use it tation Act of 1994, which otherwise will down on Burma’s massive opium pro- wisely. expire on December 31, 1995. duction. b 1115 That act was previously extended by The Committee on International Re- Public Law 104–17, by Public Law 104– lations unanimously approved House Mr. GILMAN. Mr. Speaker, I yield 22, by Public Law 104–30, and by Public Resolution 274 on December 14. This myself such time as I may consume. Law 104–47. H.R. 2808 extends the act Member understands the administra- Mr. Speaker, I want to commend the until March 31, 1996, and includes a tion has no objections to the resolution gentleman from New Mexico [Mr. RICH- transition provision to permit the as amended and approved by the Sub- ARDSON] for his strong support of de- President to immediately exercise the committee on Asia and the Pacific and mocracy in Burma. I know the gen- authorities granted him by this exten- the Committee on International Rela- tleman has traveled to Burma. He was sion. tions, which I chair. instrumental in helping to gain the re- Obviously, there have been a number This Member urges all of our col- lease of Aung San Suu Kyi from house of temporary extensions of the Middle leagues to support House Resolution arrest, and we commend the gentleman East Peace Facilitation Act. We had 274. for his efforts and thank him for his anticipated that the most recent exten- Mr. HAMILTON. Mr. Speaker, I yield participation in this debate. sion would be the last, because a new 5 minutes to the distinguished gen- Mr. HAMILTON. Mr. Speaker, I have Middle East Peace Facilitation Act tleman from New Mexico [Mr. RICHARD- no further requests for time, and I was included in the conference report SON]. yield back the balance of my time. on the Foreign Operations Appropria- (Mr. RICHARDSON asked and was Mr. GILMAN. Mr. Speaker, I have no tions Act, H.R. 1868, and we expected given permission to revise and extend further requests for time, and I yield that bill to be enacted into law by now. his remarks.) back the balance of my time. Regrettably, that bill has been Mr. RICHARDSON. Mr. Speaker, I The SPEAKER pro tempore (Mr. stalled because of a disagreement over rise in support of this resolution which BUNN of Oregon). The question is on an unrelated matter, and we are now urges the governing State Law and the motion offered by the gentleman confronted by the need to once again Order Restoration Council to open a di- from New York [Mr. GILMAN] that the extend the Middle East Peace Facilita- alog with Aung San Suu Kyi and her House suspend the rules and agree to tion Act of 1994. National League for Democracy, re- the resolution. House Resolution 274, This temporary extension was re- lease all political prisoners, repeal laws as amended. quested by the State Department, and limiting freedom of association and ex- The question was taken; and (two- I am not aware of any objection to it. pression, and help control the flow of thirds having voted in favor thereof) Mr. Speaker, I reserve the balance of my time. heroin from Burma. the rules were suspended and the reso- Mr. HAMILTON. Mr. Speaker, I yield I commend Ambassador Madeleine lution, as amended, was agreed to. Albright for her tremendous work on myself such time as I may consume. A motion to reconsider was laid on (Mr. HAMILTON asked and was given this issue. I encourage all Members to the table. permission to revise and extend his re- support the work of our U.N. Rep- f marks.) resentative as she relentlessly pursues Mr. HAMILTON. Mr. Speaker, first I the cause of Burmese democracy leader EXTENDING AUTHORITIES UNDER want to commend the chairman, the MIDDLE EAST PEACE FACILITA- Aung San Suu Kyi. Ambassador gentleman from New York [Mr. GIL- TION ACT OF 1994 Albright had a great meeting in Burma MAN] for bringing the bill before the this fall with Aung San Suu Kyi. Mr. GILMAN. Mr. Speaker, I move to House and to let him know that I give I join Ambassador Albright’s en- suspend the rules and pass the bill my full support to it. I would prefer dorsement of the recent U.N. resolu- (H.R. 2808) to extend authorities under that we had in place at this time the 18 tion which urges the Government of the Middle East Peace Facilitation Act month new Middle East Peace Facilita- Burma to cease its violations of inter- of 1994 until March 31, 1996, and for tion Act that is part of the foreign op- nationally recognized human rights. other purposes. erations conference report already ap- The United States did not cosponsor The Clerk read as follows: proved by the House. I think a longer the U.N. resolution because it did not H.R. 2808 term MEPFA would strengthen the focus on several specific problem areas peace process. that must be recognized. Additionally, Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Unfortunately, because another item the U.N. resolution fails to take into Congress assembled, in that conference report remains in account the impact of recent develop- SECTION 1. EXTENSION OF AUTHORITIES. disagreement with the other body, we ments in Burma that have given us (a) IN GENERAL.—Section 583(a) of the For- need to move yet another short-term cause for great concern. It is impera- eign Relations Authorization Act, Fiscal extension of the existing law at this tive that the SLORC understand that Years 1994 and 1995 (Public Law 103–236), as time. the United States and the inter- amended by Public Law 104–47, is amended I also want to note that adopting this national community will not tolerate by striking ‘‘December 31, 1995’’ and insert- bill today and enacting the full 1 threats or actions that suppress the ad- ing ‘‘March 31, 1996’’. month MEPFA is the best possible way vancement of the democratic move- (b) CONSULTATION.—For purposes of any ex- to pay tribute to the memory of Prime ment in Burma. ercise of the authority provided in section Minister Rabin and to support the 583(a) of the Foreign Relations Authorization The bill before us today sends a mes- Act, Fiscal Years 1994 and 1995 (Public Law quest for peace that Prime Minister sage to the SLORC that is consistent 103–236) prior to January 10, 1996, the written Perez described here last week. with Ambassador Albright’s policy. policy justification dated December 1, 1995, Prime Minister Perez, when he was I would like to caution Members of and submitted to the Congress in accordance here last week, specifically and strong- the risks we take by treating Burma in with section 583(b)(1) of such Act, shall be ly endorsed MEPFA as important to December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15107 the continued success of the peace we are not fulfilling our obligations, we the rules were suspended and the bill process. We offer these two prime min- are stalling Middle East peace by not was passed. isters then our support by our actions having MEPFA in place. Not only is A motion to reconsider was laid on today in passing this bill. Today we the PLO not being funded, but the Gov- the table. have an opportunity to help the Middle ernment of Israel, the Government of f East peace process move forward. I Egypt, and other countries that get urge the adoption of the bill. foreign aid are not getting their for- GENERAL LEAVE Mr. Speaker, I yield 5 minutes to the eign aid, because, again, we are not Mr. GILMAN. Mr. Speaker, I ask distinguished gentleman from New passing the foreign operations bill, unanimous consent that all Members York [Mr. ENGEL]. which is what we should be doing. may have 5 legislative days within Mr. ENGEL. Mr. Speaker, I thank my So while I certainly support peace which to revise and extend their re- good friend and colleague from Indiana and I certainly will support this, I marks and include extraneous material for yielding me time. think it is a tribute to Prime Minister on H.R. 2808 and House Resolution 274, Mr. Speaker, I rise today, first of all, Rabin and Prime Minister Perez, who as amended. to say that bringing this up again, I came here last week, this is no way to The SPEAKER pro tempore. Is there think the fifth time, reminds me of the run a Government. This is no way to objection to the request of the gen- old saying by Yogi Berra saying: ‘‘it is run foreign operations. This is no way tleman from New York? deja vu all over again.’’ to have an extension for the fifth time There was no objection. We have had these temporary exten- again. We ought to be doing a markup f sions time and time again. This is no of a separate bill and ought to be pass- way to run things. This is no way to ing the foreign operations bill. I tell REAUTHORIZING TIED AID CREDIT fund the Middle East Peace Facilita- you, comes March 31, we could be com- PROGRAM OF EXPORT-IMPORT tion Act. I think the process is, frank- ing here again asking for another ex- BANK ly, terrible. tension. This is not fair for the Middle Mr. CASTLE. Mr. Speaker, I move to We ought to be marking up a bill East peace process, and it just to me suspend the rules and pass the bill that I introduced many, many months shows a tremendous lack of leadership (H.R. 2203) to reauthorize the tied aid ago to have peace facilitation, or the in the way this House is run. Helms-Pell bill, which the Senate has credit program of the Export-Import So, Mr. Speaker, I will support this, Bank of the United States, and to discussed. To me, this is the way it very reluctantly, this way, because allow the Export-Import Bank to con- ought to be done, not a simple exten- while I certainly support peace, I duct a demonstration project, as sion. Every time we come back here, a think, as I have said before, that we amended. month later, 2 months later, 3 months must hold all parties to the agreements The Clerk read as follows: later, nothing has been done. feet to the fire. I am not worried about I think the chairman is absolutely the Israeli Government not keeping its H.R. 2203 right: This House did pass a new Middle end of the bargain, I worry about Yas- Be it enacted by the Senate and House of Rep- East Peace Facilitation Act as part of ser Arafat and the PLO. He has agreed resentatives of the United States of America in Congress assembled, the foreign operations appropriations to a number of things. I think we bill. Unfortunately, that bill is stalled SECTION 1. EXTENSION OF TIED AID CREDIT should hold his feet to the fire. PROGRAM. due to a fight on abortion, which has I want to see those covenants calling (a) Section 10(c)(2) of the Export-Import nothing to do with foreign operations for the destruction of Israel removed Bank Act of 1945 (12 U.S.C. 635i–3(c)(2)) is in terms of funding MEPFA, so we are from the PLO, from the Palestinian amended by striking ‘‘1995’’ and inserting being held hostage once again. Council. I want the Palestinian Council ‘‘1997’’. This ought not to be the way that we to remove that. I want them to agree (b) Section 10(e) of the Export-Import Bank fund things. This ought not to be the to everything that they agreed to when Act of 1945 (12 U.S.C. 635i–3(e)) is amended by way that we do things. Prime Minister they signed the Middle East peace fa- striking the first sentence and inserting the following: ‘‘There are authorized to be appro- Rabin lost his life in the fight for cilitation act, nothing more, nothing peace. Certainly as partners in the priated to the Fund such sums as may be less. necessary for each of fiscal years 1996 and peace process, the United States ought But if Yasser Arafat and the PLO and 1997.’’. to be doing things in a little better the Palestinians said they would do SEC. 2. AUTHORITY TO CONDUCT A DEMONSTRA- way: certain things, then we ought to make TION PROJECT. Quite frankly, our Government here them do those certain things before Notwithstanding section 4701(a)(1)(A) of is shut down because appropriations American aid flows. I think American title 5, United States Code, the Export-Im- bills were not passed. The majority aid should flow, because American aid port Bank of the United States may conduct here has not done its job by the end of is very, very important to the peace a demonstration project in accordance with the fiscal year and passed the appro- process. But I also think when parties section 4703 of such title. priations bills. That is why our Gov- say they are going to do something, The SPEAKER pro tempore. Pursu- ernment here is shut down. The Repub- they have an obligation to fulfill what ant to the rule, the gentleman from lican leadership talks about a family they say. That is all we are looking for. Delaware [Mr. CASTLE] will be recog- friendly Congress and family values in That is why it is important to have nized for 20 minutes, and the gen- Congress, and Congress is now going to new MEPFA language, not to simply tleman from New York [Mr. FLAKE] be in session not only this week, but keep renewing the old one. will be recognized for 20 minutes. through next week and Christmas week Again, I reluctantly go along with The Chair recognizes the gentleman and so on and so forth. If we simply had this. I hope we will not be back here on from Delaware [Mr. CASTLE]. a continuing resolution to keep fund- March 31 doing the same thing all over Mr. CASTLE. Mr. Speaker, I yield ing the Government the way we should again. myself such time as I may consume. have because the Republican leadership Mr. HAMILTON. Mr. Speaker, I have Mr. Speaker, today I rise in support did not do its job, the Government no further requests for time, and I of H.R. 2203, a bill that protects Amer- would not be shut down. yield back the balance of my time. ican businesses from unfair trading Frankly, if the Republican leadership Mr. GILMAN. Mr. Speaker, I have no practices of other countries, primarily did its job and did not stall this over a further requests for time, and I yield Japan and Germany. I am grateful to dispute on abortion, we would have a back the balance of my time. enjoy the support of Representative foreign operations bill, and we would The SPEAKER pro tempore. The JIM LEACH, chairman of the Committee not have to be doing this now with a question is on the motion offered by on Banking and Financial Services. On temporary extension of MEPFA. the gentleman from New York [Mr. the other side of the aisle, Representa- So I just think the leadership here GILMAN] that the House suspend the tive GONZALEZ, former committee has not been doing its job, and that is rules and pass the bill, H.R. 2808. chairman, and Representative FLAKE, why we are in the pickle we are in now. The question was taken; and (two- the ranking member of the subcommit- We are shutting down our Government, thirds having voted in favor thereof) tee have provided their strong support H 15108 CONGRESSIONAL RECORD — HOUSE December 19, 1995 for this legislation, and I appreciate My fellow colleagues, I have been Mr. Speaker, I have no other speak- their efforts. amazed at the intensity of the debate ers, so the gentleman from New York Mr. Speaker, the Subcommittee on on whether or not we should fund, or [Mr. FLAKE] may want to call on any- Domestic and International Monetary even have the Export-Import Bank. one else he may have, but I would like Policy has primary jurisdiction over Both those who are in favor of the to say before we yield back, if we are the tied aid credit program of the Ex- Bank, and those who vehemently op- going to do that, that Mr. Ken Brody port-Import Bank. A subcommittee pose it have executed overwhelmingly will be leaving his position as president hearing and markup was held on Sep- comprehensive lobbying campaigns. and chairman of the Export-Import tember 7, 1995, and H.R. 2203 was favor- The result is that we have a broad Bank, and I have enjoyed working with ably reported out of subcommittee by spectrum of opinions as to how much him. I believe him to be an excellent voice vote. The previous authorization closing the Bank will save the Amer- public servant who understands his expired on September 30, 1995; Amer- ican taxpayer, and it is no surprise subject matter extremely well, elimi- ican exporters have been at a severe that several Members of Congress have nates politics from carrying out his re- disadvantage since then. This author- sometimes staked their positions on sponsibilities, and I think has served ization is necessary to protect Amer- this aspect alone. I must note for the both the administration and this coun- ican exporters and their trading in de- record, however, that savings is not the try exceptionally well, and we appre- veloping countries. only issue, and to make it the only ciate that. Mr. Speaker, the tied aid program is issue is shortsighted. Mr. FLAKE. Mr. Speaker, I have no an important tool for American compa- Most of our competitors in the indus- further speakers and I yield back the nies against international exporters. trialized world use economic credit balance of my time. The tied aid matching authority allows agencies to assist their exporters, and Mr. CASTLE. Mr. Speaker, I yield the Ex-Im Bank to respond to Amer- thus foreign governments seek to en- back the balance of my time. ican exporters’ need for competitive fi- sure the viability of their industries in The SPEAKER pro tempore (Mr. nancing in developing markets. Tied an ever increasing atmosphere of com- BUNN of Oregon). The question is on aid, in the form of grants and loans, is petitiveness. Beyond this one aspect the motion offered by the gentleman defined as below-market rate confes- there are many salient issues, and from Delaware [Mr. CASTLE] that the sional financing, used for purchasing probably more important to our con- House suspend the rules and pass the capital tools manufactured in the de- stituents, is the fact that exporting to bill, H.R. 2203, as amended. The question was taken; and (two- veloped country. By matching foreign emerging markets is probably the only thirds having voted in favor thereof) countries’ offers of aid, the Ex-Im Bank area where American business can ex- the rules were suspended and the bill, has forced those countries to withdraw pect to grow in the future. To the ex- tent that tied-aid is just one tool that as amended, was passed. several of their offers, and has matched A motion to reconsider was laid on the Ex-Im Bank uses to further this 33 other offers worth almost $2 billion the table. of potential export sales. Additionally, projected growth, I urge my colleagues f the Ex-Im Bank’s tied aid credit has to support H.R. 2203. had a chilling effect on excessive use of Tied aid is one of the strongest tools SMITHSONIAN INSTITUTION SES- tied aid by foreign countries. Ex-Im has when it attempts to deter QUICENTENNIAL COMMEMORA- Mr. Speaker, the tied aid program foreign governments from offering TIVE COIN ACT OF 1995 levels the playing field of international concessional financing to borrowing Mr. CASTLE. Mr. Speaker, I move to trade, and permits recipient countries countries. Tied aid represents perhaps suspend the rules and pass the bill to compare project on the basis of the most overt and most distorting (H.R. 2627), to require the Secretary of price, technology, quality, delivery, subsidy associated with export credit the Treasury to mint coins in com- and service. The manager’s amendment assistance. The Ex-Im Bank aptly de- memoration of the sesquicentennial of substitutes an indefinite authorization scribes this practice as the buying of the founding of the Smithsonian Insti- for tied aid credits in place of the au- export deals because perpetrating tution, as amended. thorization contained in the introduced countries extend concessional funding The Clerk read as follows: bill of $500 million per year. Previous packages in exchange for the purchase H.R. 2627 spending has not exceeded $100 million of its products. When U.S. companies Be it enacted by the Senate and House of Rep- per annum. This bill does not affect di- face competition backed by tied aid, resentatives of the United States of America in rect spending on receipts, and is not there is little doubt that they will lose Congress assembled, subject to pay-as-you-go procedures. bids without Ex-Im matching support. SECTION 1. SHORT TITLE. H.R. 2203 protects American trade We would be remiss and should be This Act may be cited as the ‘‘Smithsonian and businesses. I urge its immediate embarrassed if we were to take several Institution Sesquicentennial Commemora- adoption. steps backward in not passing this bill, tive Coin Act of 1995’’. and thus cripple American export busi- SEC. 2. COIN SPECIFICATIONS. b 1130 ness. U.S. exporters are benefiting from (a) DENOMINATIONS.—The Secretary of the Mr. Speaker, I reserve the balance of Treasury (hereafter in this Act referred to as Ex-Im’s matching policy, because of the ‘‘Secretary’’) shall mint and issue the my time. the overall reductions in global tied following coins in commemoration of the Mr. FLAKE. Mr. Speaker, I yield my- aid. From the Ex-Im banks bottom line founding of the Smithsonian Institution: self such time as I may consume. perspective, given our strong deterrent (1) $5 GOLD COINS.—Not more than 100,000 5 Mr. Speaker, I rise today in strong use of tied aid matching, U.S. exporters dollar coins, which shall— support of H.R. 2203, a measure to reau- are in fact competing on a more level (A) weigh 8.359 grams; thorize the tied-aid authority of the (B) have a diameter of 0.850 inches; and playing field, and yet have kept their (C) contain 90 percent gold and 10 percent Export-Import Bank. In the past, I gloves on in a competitive fistfight. alloy. have supported this measure, and I will In closing Mr. Speaker, I would like (2) $1 SILVER COINS.—Not more than 650,000 do so again today. However, given the to thank Chairman CASTLE and his 1 dollar coins, which shall— gravity of the current debate over the staff for their cooperation in finally (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and size and purpose of various government moving this legislation to the floor, (C) contain 90 percent silver and 10 percent agencies, I have welcomed the oppor- and regret that Congress as a whole copper. tunity to learn about the efficacy of does not have the relationship that we (b) PLATINUM COINS.—The Secretary may the Export-Import Bank. Moreover, I have established in this subcommittee. mint and issue not more than 100,000 5 dollar wish to personally thank the distin- The public would be better served if we platinum coins instead of the gold coins re- guished Ex-Im president and chairman could extend our cooperation to other quired under subsection (a)(1) in accordance Kenneth Brody. Chairman Brody is with such specifications as the Secretary de- issues, and to other committees. termines to be appropriate. leaving the Bank for other endeavors, Mr. Speaker, I reserve the balance of (c) LEGAL TENDER.—The coins minted and in doing so, the United States is my time. under this Act shall be legal tender, as pro- losing one of its champions of in- Mr. CASTLE. Mr. Speaker, I yield vided in section 5103 of title 31, United States creased exports. myself such time as I may consume. Code. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15109 (d) NUMISMATIC ITEMS.—For purposes of (b) EQUAL EMPLOYMENT OPPORTUNITY.— coins are being produced. The mintage section 5134 of title 31, United States Code, Subsection (a) shall not relieve any person level of 800,000 silver $1 coins in the all coins minted under this Act shall be con- entering into a contract under the authority Livingston bill caused some discussion sidered to be numismatic items. of this Act from complying with any law re- during subcommittee markup. Amend- SEC. 3. SOURCES OF BULLION. lating to equal employment opportunity. ments of 400,000 and 500,000 were both (a) GOLD.—The Secretary shall obtain gold SEC. 8. DISTRIBUTION OF SURCHARGES. offered, and the ultimate compromise for minting coins under this Act pursuant to (a) IN GENERAL.—All surcharges received the authority of the Secretary under other by the Secretary from the sale of coins is- amendment offered to this bill is for a provisions of law. sued under this Act shall be promptly paid mintage level of 650,000 $1 silver coins. (b) SILVER.—The Secretary shall obtain sil- by the Secretary to the Smithsonian Institu- This number was reached following ver for minting coins under this Act only tion for the following purposes: representations by the CCCAC member- from stockpiles established under the Stra- (1) 85 percent of the amount transferred ship and the Mint reaffirming their be- tegic and Critical Materials Stock Piling shall be available for such purposes as the Act. lief that the unique marketing ability Board of Regents of the Smithsonian Institu- of the Smithsonian justifies a higher SEC. 4. DESIGN OF COINS. tion determines to be appropriate. (a) DESIGN REQUIREMENTS.— (2) 15 percent of the amount transferred authorization than 400,000 or 500,000 (1) IN GENERAL.—The design of the coins shall be dedicated to the support of the oper- coins. minted under this Act shall be emblematic ation and activities of the National Numis- The proponents of this bill have ob- of the scientific, educational, and cultural matic Collection at the National Museum of served the rules of the Banking Com- significance and importance of the Smithso- American History. mittee by obtaining more than 290 co- nian Institution. (b) AUDITS.—The Comptroller General of sponsors. This bill also demonstrates (2) DESIGNATION AND INSCRIPTIONS.—On the United States shall have the right to ex- that the Banking Committee rules are each coin minted under this Act there shall amine such books, records, documents, and be— not simply a block to all coin legisla- other data of the Smithsonian Institution as tion, and that if a group follows the (A) a designation of the value of the coin; may be related to the expenditures of (B) an inscription of the year ‘‘1996’’; amounts paid under subsection (a). rules, they have an opportunity to get (C) inscriptions of the words ‘‘Liberty’’, SEC. 9. FINANCIAL ASSURANCES. a coin. ‘‘In God We Trust’’, ‘‘United States of Amer- Mr. Speaker, our actions today (a) NO NET COST TO THE GOVERNMENT.—The ica’’, and ‘‘E Pluribus Unum’’; and Secretary shall take such actions as may be should not be taken as an invitation (D) an inscription of the following phrase necessary to ensure that minting and issuing for more coin projects to advance; 1996 from the original bequest of James coins under this Act will not result in any is already at least fully subscribed, no Smithson: ‘‘for the increase and diffusion of net cost to the United States Government. knowledge’’. more coins can be considered for that (b) PAYMENT FOR COINS.—A coin shall not (b) SELECTION.—The design for the coins year. minted under this Act shall be— be issued under this Act unless the Secretary In the coming years, we will continue (1) selected by the Secretary after con- has received— to press for full compliance with Bank- (1) full payment for the coin; sultation with the Board of Regents of the ing Committee rules and if necessary Smithsonian Institution and the Commission (2) security satisfactory to the Secretary to indemnify the United States for full pay- we will recommend that they be tight- of Fine Arts; and ened should it appear that more coins (2) reviewed by the Citizens Commemora- ment; or tive Coin Advisory Committee. (3) a guarantee of full payment satisfac- are being proposed than the market tory to the Secretary from a depository in- SEC. 5. ISSUANCE OF COINS. will absorb. stitution whose deposits are insured by the (a) QUALITY OF COINS.—Coins minted under I urge this body to immediately this Act shall be issued in uncirculated and Federal Deposit Insurance Corporation or adopt H.R. 2627. proof qualities. the National Credit Union Administration Mr. Speaker, I reserve the balance of Board. (b) MINT FACILITY.—Only 1 facility of the my time. United States Mint may be used to strike The SPEAKER pro tempore. Pursu- Mr. YATES. Mr. Speaker, will the any particular combination of denomination ant to the rule, the gentleman from gentleman yield? and quality of the coins minted under this Delaware [Mr. CASTLE] and the gen- Mr. CASTLE. I yield to the gen- Act. tleman from New York [Mr. FLAKE] (c) PERIOD FOR ISSUANCE.—The Secretary tleman from Illinois. may issue coins minted under this Act only each will be recognized for 20 minutes. Mr. YATES. Mr. Speaker, would it during the 1-year period beginning on August The Chair recognizes the gentleman not be nice if the Smithsonian were 1, 1996. from Delaware [Mr. CASTLE]. open so that the general public, the SEC. 6. SALE OF COINS. Mr. CASTLE. Mr. Speaker, I yield Americans who are visiting Washing- (a) SALE PRICE.—The coins issued under myself such time as I may consume. ton, were able to see the marvelous col- this Act shall be sold by the Secretary at a Mr. Speaker, today I rise in support lection of coins that the Smithsonian price equal to the sum of— of H.R. 2627, the Smithsonian Sesqui- usually has on display for them? (1) the face value of the coins; centennial commemorative coin bill. (2) the surcharge provided in subsection (d) Mr. CASTLE. Mr. Speaker, I do not with respect to such coins; and This bill has received very broad based disagree with the gentleman at all, but (3) the cost of designing and issuing the support in this body as represented by I do not think this is the time to get coins (including labor, materials, dies, use of its more than 300 cosponsors. It is also into the discussion of why the Smith- machinery, overhead expenses, marketing, supported by the numismatic collec- sonian is not open today. That may and shipping). tors and their representatives on the happen starting in about 20 minutes or (b) BULK SALES.—The Secretary shall Citizens Commemorative Coin Advi- so. But perhaps this is not the time. make bulk sales of the coins issued under sory Committee. this Act at a reasonable discount. Hopefully, by the time we pass this bill (c) PREPAID ORDERS.— Mr. Speaker, apart from the signifi- it will be open and we will be able to (1) IN GENERAL.—The Secretary shall ac- cance of the Smithsonian anniversary, see that. cept prepaid orders for the coins minted the designation of 15 percent of the sur- Mr. Speaker, I reserve the balance of under this Act before the issuance of such charge proceeds to benefit the numis- my time. coins. matic collection at the Museum of Mr. FLAKE. Mr. Speaker, I yield my- (2) DISCOUNT.—Sale prices with respect to American History is another reason for self such time as I may consume. prepaid orders under paragraph (1) shall be this support. The Smithsonian has Mr. Speaker, I rise in support of H.R. at a reasonable discount. (d) SURCHARGES.—All sales shall include a agreed to have its coins be the first to 2627, the Smithsonian Institution Ses- surcharge of— be governed by the rules and restric- quicentennial Commemorative Coin (1) $35 per coin for the $5 coin; and tions set down in H.R. 2614, the Com- Act of 1995. I also support the man- (2) $10 per coin for the $1 coin. memorative Coin Reform Act of 1995. ager’s amendment, which was reached SEC. 7. GENERAL WAIVER OF PROCUREMENT As a consequence, providing the mint in bipartisan agreement with strong REGULATIONS. can prepare in time, they may also input from Representative KENNEDY (a) IN GENERAL.—Except as provided in have the benefit of issuing the first from Massachusetts. Furthermore, I subsection (b), no provision of law governing procurement or public contracts shall be ap- platinum coinage in U.S. history. commend all parties involved in this plicable to the procurement of goods and Mr. Speaker, the Commemorative effort, including Chairman CASTLE, Mr. services necessary for carrying out the provi- Coin program is clearly in trouble, KENNEDY, the Mint, the Smithsonian, sions of this Act. largely because too many unpopular and the Citizens Commemorative Coin H 15110 CONGRESSIONAL RECORD — HOUSE December 19, 1995 Advisory Committee. I would also be Mr. Speaker, I yield such time as he whole issue of the authorization of the remiss if I did not thank Mr. LIVING- may consume to the gentleman from minting of coins. He has addressed this STON and our former colleague Mr. Mi- Maryland [Mr. HOYER]. issue, and I appreciate very much, as neta. Mr. HOYER. Mr. Speaker, I thank the gentleman from New York has ob- This act celebrates one of our Na- the gentleman from New York, my served, his agreement to compromise tion’s most celebrated treasures, and good friend Mr. FLAKE, for yielding me between the 800,000 that the Smithso- will commemorate 150 years of excel- this time. nian thought was a viable number and lence in the arts, sciences, and history. I rise in very strong support of this the 500,000 that the numismatic com- The Smithsonian has chronicled its legislation. I rise for a reason in addi- mittee originally recommended, and own history, and I would like to state tion to that. The American public is then modified their recommendation for the RECORD a brief account from angry with us today, as well, in my because of the ability of the Smithso- the Smithsonian’s history annals: opinion, they ought to be. nian to market its coins. In 1826, James Smithson, a British sci- b 1145 Mr. Speaker, I want to thank the entist, drew up his last will and testament, gentleman from Massachusetts, the naming his nephew as beneficiary. Smithson The American public sees, on a very gentleman from Delaware, and the gen- stipulated that, should the nephew die with- regular basis, the confrontation be- tleman from New York. out heirs—as he would in 1835—the estate tween Members on this floor and on the I would close, Mr. Speaker, in sup- should go ‘‘to the United States of America, Senate floor and between the Congress port of this legislation by simply men- to found at Washington, under the name of and the President. They conclude, all the Smithsonian Institution, an establish- tioning one additional individual. John ment for the increase and diffusion of knowl- too often, that all we do here is fight Berry, formerly of my staff, now works edge among men.’’ with one another; that we cannot, as at Smithsonian and he has been very The motives behind Smithson’s bequest re- adults, as reasonable, rational rep- interested in this particular piece of main mysterious. He never traveled to the resentatives of our various constitu- legislation. I thank him for the energy United States and seems to have had no cor- encies, come together and do things and the tenaciousness that he has respondence with anyone here. Some have that make sense. suggested that his bequest was motivated in shown and congratulate him on the Mr. Speaker, I rise, therefore, to not success of the passage of this legisla- part by revenge against the rigidities of Brit- only note that this legislation is im- ish society, which had denied Smithson, who tion. was illegitimate, the right to use his father’s portant legislation that will not only Mr. FLAKE. Mr. Speaker, if the gen- name. Others have suggested it reflected his commemorate, but will assist the work tleman from Delaware [Mr. CASTLE] interest in the Enlightenment ideals of de- of one of the great institutions in this does not have any additional speakers, mocracy and universal education. country, the Smithsonian Institution. and before the gentleman and I get our Smithson died in 1829, and six years later, My friend, who is in charge of funding own coins here with all of these mar- President Andrew Jackson announced the the Smithsonian Institution, in exile, I velous commendations, I am prepared bequest to Congress. On July 1, 1836, Con- should say, he and the gentleman from gress accepted the legacy bequeathed to the to yield back. nation and pledged the faith of the United Ohio [Mr. REGULA] are in charge. The Mr. CASTLE. Mr. Speaker, I yield States to the charitable trust. In September fact of the matter is that it is one of myself such time as I may consume. 1838, Smithson’s legacy, which amounted to the great institutions of the world, as Mr. Speaker, we do not have addi- more than 100,000 gold sovereigns, was deliv- the gentleman from Illinois [Mr. tional speakers. I know the gentleman ered to the mint at Philadelphia. Recoined in YATES] so well observes. from Louisiana [Mr. LIVINGSTON] is U.S. currency, the gift amounted to more I want to, therefore, rise and con- trying to get here. He is in a press con- than $500,000. gratulate and express appreciation to ference, and the gentleman will submit After eight years of sometimes heated de- one of the very decent and able Mem- bate, an Act of Congress signed by President a statement later as sponsor of the leg- James K. Polk on Aug. 10, 1846, established bers of this House, the gentleman from islation. the Smithsonian Institution as a trust to be Delaware [Mr. CASTLE], the former Mr. Speaker, I would like very much administered by a Board of Regents and a Governor of the State of Delaware. The to thank the gentleman from New Secretary of the Smithsonian. gentleman, frankly, is the kind of rep- York [Mr. FLAKE] for his very interest- Mr. Speaker, this is the first legisla- resentative every American wants to ing history lesson on the Smithsonian, tion to be considered under the rubric have. A thoughtful, hard-working, con- which I think is a good lesson for of legislation passed just 2 weeks ago scientious, honest individual. Not only schoolchildren and people who may under the guidance of Chairman CAS- in addressing this issue, which is a rel- have heard it across the country. It is TLE. I could not think of a better bill to atively minor issue, but some of the one that maybe even not a lot of Mem- mark our new process minting com- great issues that confront this House. bers know and understand. memorative coins, and I hope that the The gentleman from Delaware and I Mr. Speaker, I also thank the gen- collecting community, and the general have had the opportunity of working tleman from Maryland [Mr. HOYER] for public, will benefit from this new proc- together over the last few months on his very kind words and his work ess. H.R. 2627 shows that the Citizens this particular piece of legislation. As throughout this, and I thank the gen- Commemorative Coin Advisory Com- he observed, there is a problem. The tleman from New York for all the ex- mittee process works, and that the numismatic community has observed ceptional hard work that he and his Banking Committee will only consider the problem of overissuance of coins staff do and the cooperation to allow us CCCAC coin recommendations with the and, therefore, the glutting of the mar- to get legislation like this done. If I cosponsorship of two-thirds of the ket and the threatening of the value of thought it was that simple, I would House. each one of the issues. suggest that we take over the budget. In closing, let me say that during the The gentleman from Delaware has But we will leave it alone at this point. subcommittee markup, I was prepared been concerned about that. The gen- Mr. LIVINGSTON. Mr. Speaker, as a to offer an amendment to allow the tleman from New York [Mr. FLAKE] has member of the Smithsonian Board of minting of no more than 500,000 silver expressed his concern about that. The Regents, I rise in support of H.R. 2627, coins, which was the original rec- gentleman from New York and the gen- which authorizes the minting of a coin ommendation of CCCAC. Valid con- tleman from Delaware together are in- to commemorate the Smithsonian In- cerns from Mr. KENNEDY were debated, dividuals who did and do work with one stitution’s 150th anniversary. and after discussion we finally arrived another and on both sides of the aisle I appreciate Chairman CASTLE and at a mintage level of 650,000 silver dol- to try to make good common sense, Ranking Member FLAKE for moving so lars coins. In the future, I strongly and turn that into good public policy. I quickly in subcommittee so that we urge the Mint and CCCAC to resolve think they have done that in this bill. can enact this bill in time for next discrepancies early, and to report to Mr. Speaker, I also want to thank year’s anniversary. I also appreciate Congress firm recommendations. the gentleman from Massachusetts Full Committee Chairman LEACH and Mr. Speaker, I strongly support this [Mr. KENNEDY]. He is the former chair- Ranking Member GONZALEZ for their bill, and urge all of colleagues to do the man of this committee and is very in- work in moving the bill to the House same. terested and knowledgeable about the floor. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15111 The Institution is planning a number may have 5 legislative days within Committee on House Oversight, pri- of events beginning in January 1996 to which to revise and extend their re- mary jurisdiction; the Committee on celebrate 150 years of providing edu- marks on H.R. 2203 and 2627, the bill Economic and Educational Opportuni- cation, research, and exhibitions to the just considered, and that I may include ties, sequential jurisdiction. Neither American public and the world. The extraneous materials for the RECORD. one of us want to delay putting these proceeds generated from this coin pro- The SPEAKER pro tempore. Is there into effect. I will support the gentle- gram will help finance a travelling ex- objection to the request of the gen- man’s jurisdiction. hibition, which will take many of our tleman from Delaware? Mr. Speaker, the Congressional Ac- national treasures ‘‘off the mall’’ and There was no objection. countability Act, which was passed on display them in cities across the coun- f the first day of this Congress, created try. Many Americans who are unable an Office of Compliance. It is to be- to come to Washington will be able to PROVIDING FOR PROVISIONAL AP- come effective January 23, 1996. The enjoy a blockbuster exhibition of 350 PROVAL OF REGULATIONS AP- board of directors of the Office of Com- treasured Smithsonian artifacts in- PLICABLE TO HOUSE AND ITS pliance have issued notice of proposed cluding the Apollo 14 space capsule, a EMPLOYEES rulemaking and is in the process of re- hat belonging to Abraham Lincoln, and Mr. THOMAS. Mr. Speaker, I move to viewing those comments on the pro- a Wright Brothers biplane. suspend the rules and agree to the reso- posed regulations. This coin bill will also devote 15 per- lution (H. Res. 311) to provide for the Mr. Speaker, the problem is that the cent of the proceeds to the numismatic provisional approval of regulations ap- board is scheduled to make final those collection at the National Museum of plicable to the House of Representa- regulations on January 8, 1996. It is our American History helping coin collec- tives and employees of the House of fervent belief that we are going to ad- tors invest in their own history. This Representatives and to be issued by the journ sine die prior to that time and provision will insure that the Smithso- not reconvene for the second session of nian coin will have the support of the Office of Compliance before January 23, 1996. the 104th Congress until January 23. coin collecting community. Therefore, this resolution provision- The Clerk read as follows: I am pleased that the interested ally adopts the anticipated regulations members were able to compromise on H. RES. 311 that are applicable to the House and at the number of coins to be minted under Resolved, the next regularly scheduled meeting, this bill. While I am disappointed that SECTION 1. APPROVAL OF REGULATIONS. which will be as soon as possible upon we are not authorizing the full 800,000 The regulations applicable to the House of reconvening, we will review the final coins as supported by the Citizens Ad- Representatives and the employees of the regulations and make a recommenda- visory Committee, I am glad that we House of Representatives which are to be is- tion as to their final approval to the could compromise on the 650,000 level. sued by the Office of Compliance before Jan- uary 23, 1996, are hereby approved on a provi- House. The marketing opportunities provided Obviously, in that interim period be- through Smithsonian’s magazine and sional basis until such time as such regula- tions are approved in accordance with sec- tween January 8 and January 23, we do catalogue coupled with the support of tion 304(c) of the Congressional Accountabil- believe it is appropriate to offer provi- the coin collecting community, will en- ity Act of 1995 (2 U.S.C. 1384(c)). sional approval, whatever those regula- sure that the Secretary of Treasury The SPEAKER pro tempore. Pursu- tions may be. That is the intent and will quickly sell the authorized level of ant to the rule, the gentleman from purpose of House Resolution 311. coins. Mr. Speaker, I reserve the balance of This coin bill complies with H.R. California [Mr. THOMAS] will be recog- nized for 20 minutes, and the gen- my time. 2614, the Commemorative Coin Author- Mr. GEJDENSON. Mr. Speaker, I tleman from Connecticut [Mr. GEJDEN- ization and Reform Act of 1995, which yield myself such time as I may SON] will be recognized for 20 minutes. passed the House on December 5, 1995. consume. The Smithsonian will audit all pro- The Chair recognizes the gentleman Mr. Speaker, this is clearly needed ceeds from the coin and the Comptrol- from California [Mr. THOMAS]. legislation and it needs to be imple- ler General will have the right to re- Mr. THOMAS. Mr. Speaker, I yield mented, not just in the technical sense, view the audit. The Smithsonian will myself such time as I may consume. but in the spirit of the law. Some of not receive any funding until the Mr. Speaker, I yield to the gentleman the treatment of employees in this Treasury has recovered all costs associ- from Pennsylvania [Mr. GOODLING], House over the last year, I believe, has ated with minting the coin. This bill chairman of the Committee on Edu- been reprehensible. The long-time em- has the support of the U.S. Mint and cation and Economic Opportunities, for ployees of this institution have been the congressionally established Citi- a colloquy. treated badly. zens Commemorative Coin Advisory Mr. GOODLING. Mr. Speaker, I rise Mr. Speaker, I am hopeful that this Committee, and the numismatic com- in support of the resolution before us new legislation will improve their lot. munity. today and would like to engage in a We ought to be an example for the Na- I urge my colleagues to support H.R. colloquy with the distinguished gen- tion, not just of following the letter of 2627, and I yield back the balance of my tleman from California [Mr. THOMAS], the law, but the spirit of the law in time. the chairman of the Committee on Mr. FLAKE. Mr. Speaker, I yield dealing with our employees. House Oversight, regarding the juris- Frankly, leaving all Federal employ- back the balance of my time. diction of these resolutions. ees in a lurch over the failure to pass a Mr. CASTLE. Mr. Speaker, I yield Mr. Speaker, while this matter is back the balance of my time. continuing resolution is another exam- within the jurisdiction of the Commit- ple of some of the hypocrisy here, but The SPEAKER pro tempore (Mr. tee on House Oversight and the Com- BUNN of Oregon). The question is on I do commend the spirit of this bill. mittee on Economic and Educational the motion offered by the gentleman Mr. Speaker, I yield such time as he Opportunities, we do not intend to from Delaware [Mr. CASTLE] that the may consume to the gentleman from delay the progress in considering this House suspend the rules and pass the Maryland [Mr. HOYER]. matter and support suspending the bill, H.R. 2627, as amended. Mr. HOYER. Mr. Speaker, I rise in The question was taken; and (two- rules and passing without consider- support of this resolution. I am pleased thirds having voted in favor thereof) ation in committee these two resolu- that the process that was started in the the rules were suspended and the bill, tions. 103d Congress is finally nearing imple- as amended, was passed. I also join the gentleman from Cali- mentation. Very frankly, we had a po- A motion to reconsider was laid on fornia in his assurances that we will litical discussion, in the 102d and 103d, the table. work to have the final regulations about merit hiring and about doing f promptly considered by the House once away with patronage; doing away with we reconvene in January. the politicization of the ministerial du- GENERAL LEAVE Mr. THOMAS. Mr. Speaker, I concur ties of the House of Representatives. Mr. CASTLE. Mr. Speaker, I ask with the gentleman’s conclusions and Mr. Speaker, I was for that. I thought unanimous consent that all Members obviously we share jurisdiction. The we were moving in the right direction. H 15112 CONGRESSIONAL RECORD — HOUSE December 19, 1995 In fact, we adopted in the last Congress Mr. Speaker, there was an expression lican National Campaign Committee, a rule which would have said that em- of outrage and, in fact, the Treasury- or former political appointees of the ployees could not be removed for pure- Postal bill was held up by the gen- Reagan or Bush administrations. That ly political reasons. That, in fact, they tleman from Virginia because of that is not wrong. I do not allege it to be would be treated as merit employees if concern. I think that concern was ap- wrong. What I do allege is, if you say they were performing administerial propriate, and I said so on the floor of you are going to hire on merit and re- functions. this House then when it was the Clin- tain on merit and performance, then do One of the first acts of this Repub- ton White House acting. not replace folks with political ap- lican leadership was, frankly, to delete Some may think, as I said, that these pointees and expect your personnel to that rule from the rules of the House of were part of the transition. In fact, believe, in fact, they work in a merit- Representatives, while at the same each of these employees were kept on based system. time projecting legislation, which had through the transition, and each was in It is becoming increasingly apparent been killed by Republicans in the Sen- receipt of a letter from the Clerk in hiring is being done on the basis of po- ate, as their legislation, which had May offering them continued employ- litical affiliation. What is so troubling, been previously passed in the 103d Con- ment. Mr. Speaker, about these recent firings gress, and providing for the covering of Each employee was informed that is that each of these employees had the House of Representatives under the they were specifically being dismissed been given the impression, as I have laws that we had passed vis-a-vis em- in December, just a few days ago, with- said, that they had been performing ployees’ rights and working conditions out cause. their jobs in a professional, competent to the private sector, that they be ap- b 1200 manner. In fact, they were told they plied to the Congress. were not, I underline not, removed for That legislation was supported by I was surprised to learn these em- cause. Each of these employees had over 400 Members of this body, and as ployees had all been offered continued made it through the transition period. some of my colleagues may recall, I employment prior to their dismissals. I was the floor leader on this side of the was shocked to learn that one of the Let me reiterate that. They had aisle for that legislation. employees had, as recently as July, made it through the transition period. Mr. Speaker, notwithstanding my been given a promotion. I was shocked I was told by the Clerk herself that the support of that policy and this resolu- that one employee had been asked to transition was over in the summer. I tion, my colleagues should not be make suggestions for his replacement. talked to her just a few days ago, and fooled that the passage of this resolu- I do not know what that does to the she reiterated that. tion will ensure that the employees of morale of the employees who remain. I Let me make it clear, I do not ques- this House will be treated fairly, was appalled, Mr. Speaker, that a Viet- tion the ability of this Clerk or her at- equitability, and nonpolitically. I want nam veteran with 23 years’ experience, titude or fairness. But this instance is to call to the attention of every Mem- who had started his employment with one that I think does not comport with ber of this House the recent actions the House by filling out a Standard 171 my experience for that practice. Sud- that have been taking place by the Form, not a political employee, a min- denly, after further recent partisan Clerk. isterial employee, not fired for cause, a hirings, these employees have been dis- I want to say something at the out- Vietnam veteran, 23 years of seniority, missed. Despite repeated inquiries on set. I have a great deal of respect and and just a few short weeks before that, my behalf, no reasonable business pur- affection for the Clerk of this House. I maybe a few months, a noncitizen had pose for these terminations has yet think she has operated in what I per- been hired in this office at a com- been stated to me, and I suggest has ceive to be an open and fair fashion parable salary with comparable respon- not been submitted to the committee. over the last few months of her tenure. sibilities. The Clerk’s office has an employee I appreciated that. It was, frankly, in Shame, shame, shame that we would manual. I have got that employee man- juxtaposition to some other leaders treat employees so cavalierly and then ual right here, issued by this Clerk, not dealing with personnel in this House, stand on this floor and say how we a prior Clerk, in this Congress. It lays and so it was doubly appreciated. want to protect the rights of veterans out clear steps for dismissal. Each em- As many of my colleagues may have in America whom we sent overseas to ployee was given this manual when read in recent press reports, however, they received their offers of continued 10 employees have recently been dis- defend this country and then a few days before Christmas say, ‘‘Guess employment, presumably so they knew missed by the Clerk, contrary to the the rules of the road as employees. Yet management plan submitted to and ap- what, we have a noncitizen whom we have hired who probably can do your this manual and its process was ig- proved by the Committee on House nored. Oversight; contrary to the rules of the job.’’ That was not said specifically. I Now, very frankly, the Clerk says, 103d Congress, which stated that em- want to make that clear. But the infer- ‘‘Oh, no, the employees serve at the ployees cannot be dismissed without ence is very clear. The inference is will of the Clerk.’’ Let me read the lan- cause and cannot be dismissed for rea- very clear. ‘‘We have got somebody else guage: ‘‘Two steps, notice of action. sons other than their nonperformance to do the job.’’ Twenty-three years of Suspensions, terminations, and,’’ con- or malfeasance in office. experience. Mr. Speaker, the rules of the 104th I was further troubled, Mr. Speaker, junctive, in addition to, and counsel, I Congress, did not include the ref- to learn that in spite of repeated rep- am sure, understands that interpreta- erenced language of the 103d Congress. resentations by many in the majority tion, ‘‘and all performance-based ac- Some may think that these dismis- that a ‘‘nonpartisan, professional work tions requiring the following two-step sals were part of the transition, which force’’ was being employed, several re- approach’’; in other words, in other would have been understandable, I sup- cent hires in the Clerk’s office come words, not only do performance-based pose, except for the fact that the gen- from the Republican National Commit- terminations require these two steps, tleman from Kansas [Mr. ROBERTS], a tee. There is nothing wrong with that. it is an ‘‘and’’, but suspensions and ter- member of the Committee on House Clearly, the same happened from the minations also, according to this man- Oversight, the gentleman from Vir- Democratic National Committee under ual, require those steps. They were not ginia [Mr. WOLF], the chairman of the Democratic leadership of this House. taken, period. Subcommittee on Transportation and But it is wrong to tell the employees or This was clearly a termination. They then the ranking member of the Sub- to imply to the public that this is are terminated. Many Members of the committee on Treasury, Postal Serv- going to be merit hiring, nonpolitical, House took to this well when President ice, and General Government, properly and then pursue that practice. Clinton dismissed members of the trav- expressed outrage on this floor when Earlier this year, we learned a num- el office. As I said previously, they members of the travel office in the ber of senior managers in the office of were outraged that employees were White House were removed, notwith- the chief administrative officer are fired for seemingly partisan purposes. I standing they served at the will of the also either former staff of the Repub- was outraged because a number of President. lican National Committee, the Repub- them were my constituents. I think December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15113 what was done was wrong, and as chair- Democrats, in a fashion that brings Mr. HOYER. I do not think I used man of the Treasury, Postal Commit- credit on this institution and facili- any of those phrases. None. tee, I assured that everyone but one re- tates the work of this House, that they Mr. THOMAS. I believe the gen- ceived offers of employment in the ex- will be continued in their employment. tleman, if he checks the RECORD, will ecutive department, and those who Mr. Speaker, again, I rise in support find out that several times he referred wanted it got it at comparable levels. of this resolution. I supported it as a to stories in the media. I believe the So let there be no mistake, when the Member of the Committee on House RECORD will show that. We will find out White House did it, I thought it was Oversight. The gentleman from Califor- about it after the fact. wrong. When the Clerk does it, I think nia [Mr. THOMAS], the chairman of the But I would ask unanimous consent it is wrong. Committee on House Oversight, has to place in the RECORD a letter that I My colleagues, I would ask that that rightfully said that this moves the received from the Clerk of the House, outrage that was expressed on the Re- process forward. I agree with him. I am Robin Carle—— publican side of the aisle at those pleased that we are moving. I will vote The SPEAKER pro tempore. Without objection. firings to be at least evidenced today for this legislation. There was no objection. and now. But I would hope that all of the lead- Mr. THOMAS. Reviewing some of the There have been no allegations of ership of this House would review this statements that have been made. mismanagement or poor performance matter, not just for concern with these The letter referred to is as follows: by these employees. I understand that ten but concern for every person who OFFICE OF THE CLERK, the Compliance Act relates to discrimi- works for this institution, people of U.S. HOUSE OF REPRESENTATIVES, nation. That act goes into effect, of whom we are proud, people of whom we Washington, DC, December 18, 1995. course, on January 22 of this coming are very appreciative for the work they Hon. BILL THOMAS, year or January 23. However, each of do for us and for the American people, Chairman, Committee on House Oversight, these employees is being terminated in and people whom we ought to treat Longworth House Office Building, Wash- such a way that even if they wanted to with respect and the dignity they de- ington, DC. explore their rights under that act, I serve. DEAR MR. CHAIRMAN: In light of inaccurate media reports that suggested various person- believe they are precluded. Mr. THOMAS. Mr. Speaker, I yield nel actions of recent weeks have jeopardized It can be argued that some of them, myself such time as I may consume. or impacted the performance of the House perhaps all, will be on the payroll tech- Although the argument of the gen- floor, I am writing to clarify the current sit- nically and, therefore, may be in- tleman from Maryland is not on the uation. I hope you find this information of cluded. We will see. measure in front of us, I think, based assistance. I have repeatedly raised my concerns upon the innuendo, the qualifiers, the First, contrary to media reports by an that a goal which I strongly supported, ‘‘unnamed source’’, let me clearly state that rumor and gossip, the straw man argu- at no time in the last week has the integrity ending patronage in the House of Rep- ment that he constructed needs to be of the House floor or the quality of work pro- resentatives for ministerial employees responded to. duced by the Offices of the Clerk suffered. and assuring a professional work force Frankly, his statements are inac- Between November 30 and December 7, nine for the administrative functions of the curate, factually as well as in the innu- individuals in the various offices of the Clerk House, is being seriously undermined endo, suggestions, and qualifiers. There were informed that their services were no beneath the rhetoric of professional- were 9 individuals involved, not 10. longer needed and that from the day forward ism. they would be placed on Administrative They were employed by the Clerk in a Leave until January 16, 1996 and in addition A number of these employees have number of activities. The Clerk contin- provided payment for their accrued annual expressed concerns over their treat- ues to rethink the structure under her leave for up to 30 calendar days. While these ment in the media. It has been brought auspices, and, as in any business, there individuals were relieved of service and their to my attention that the word has been are restructurings that take place from responsibilities assigned to other current spread that these employees better time to time. This is one of those personnel, at no time have these actions in- watch out. Let no one in this House be restructurings. fluenced or threatened the work of the floor mistaken, I and my colleagues, I hope I find it interesting that the gen- or the internal administrative activities as- sociated with the legislative process. In fact, on both sides of the aisle, will not tleman from Maryland indicated that only three of the nine individuals were em- stand for any reprisals being taken he was the floor leader in the passage ployed in the Office of Legislative Oper- against any employee for exercising of the legislation that the resolution ations and only one of them worked directly their rights of free speech. actually deals with. I am pleased to say on the House floor. The new Republican majority may he was the floor leader on the minority I, obviously, evaluated the workload of my feel at will to enforce a gag rule on this side. His party had 40 years to pass this offices prior to taking these personnel ac- House from time to time. But we ought tions and I was confident we would be able to kind of legislation. They never did. maintain the timeliness and quality of Clerk not to, and it would be wrong to, en- They talked a lot about it. They made operations. Although inaccurate press ac- force a gag rule on our employees or innuendos at that time that it was a counts and hallway gossip would suggest former employees by threats of re- fair system. In fact, it was a plantation otherwise, I believe it is clearly evident that crimination. run totally by patronage. the House’s ability to function did not rest Mr. Speaker, I believe these dismis- What we did was say that that was to solely on the shoulders of these nine individ- sals were wrong. They superficially, at stop. What we are doing is restructur- uals. The Clerk employees have and will con- least, appear to be based on partisan- ing this House, as we have from day 1. tinue to provide the high quality of service ship. But whether they are or not, they needed to support the House’s legislative We continue to restructure it. We prob- functions. were wrong, and they have left the ably will not get it all done by the end Over the last week, all systems and proce- staff of the House of Representatives, of the 104th Congress, and we will prob- dures of the Office of Legislative Operations in my opinion, demoralized and feeling ably continue as the majority in the have performed successfully. No irregular insecure. 105th to continue to restructure. delays in the handling of legislative papers If dismissals are not based on job per- The gentleman used a number of and no errors in the final recording of votes formance, for those who are not in- phrases and then couched them that have occurred. Further, while a printing volved in policy making, and clearly error on the part of the Government Print that is not really what he meant, but Office was discovered prior to consideration those employees in policy making are there were rumors and gossip, and ac- of a House Resolution, the Office of Legisla- subject to the will of the policy maker; cording to the media that certain tive Operations was able to assist interested that is the way it must be and should things were going on. parties to ensure that no disruption occurred be. But for those people that we ask I will tell the gentleman that he in the House’s legislative schedule. day to day to come to this House, to ought to rely on something other than Let me stress, it is a regular occurrence, come to this Capitol and perform du- unnamed sources in the media. particularly during the closing days of a leg- islative session, for the administrative pro- ties for us in a professional manner, Mr. HOYER. Mr. Speaker, will the cedures related to the legislative process to unrelated to formulation or promulga- gentleman yield? play ‘‘catch up’’ in light of the multiple leg- tion of policy, they ought to know that Mr. THOMAS. I am not going to yield islative actions that are occurring in a com- if they perform, for Republicans or at this time. pressed period on both the House and Senate H 15114 CONGRESSIONAL RECORD — HOUSE December 19, 1995 floors. The legislative schedule of last week, gentleman did not respond with an ob- one who has permanent residence who despite our preparations for increased activ- jection. is seeking United States citizenship de- ity, was relatively calm and routine. The Mr. HOYER. The Chair, I believe, and serves to even be responded to. It is Clerk’s offices have performed well during I will not press it further, I said ‘‘with- this busy session, but can certainly handle that kind of pejorative placement, of even more activity. out objection,’’ before the gentleman course, not on his own hands, but on In particular, during this time of budget finished his sentence. others and through the media, that is negotiations, individuals have raised con- Mr. THOMAS. Mr. Speaker, I asked exactly the kind of argument that the cerns about the enrolling of appropriations for unanimous consent, I received it, American people are fed up with. measures. I am aware it has been suggested and, without objection, it was given. I As the new majority, we intend to that the enrolling of the FY97 Interior and then proceeded to supply for the run this place in as lean a fashion as VA–HUD Appropriations Bills were somehow RECORD portions of that letter that I delayed in my offices and could not be for- possible. There will be additional dis- warded to the President on Friday. In fact, thought were pertinent to the state- missals, I will tell you that right now. the VA–HUD bill was completed and for- ment that I want to make. They will be because we are restructur- warded to the Speaker’s Office for signature Mr. Speaker, I am sure it is difficult ing this place. It is not because some- on Friday evening. That same evening the for the gentleman from Maryland to one is not doing the job that they used Office of Legislative Operations completed understand that people who are em- to have here as well as they could do it; its work on the Interior Appropriations Bill ployed are not guaranteed lifetime em- it is that probably that job does not and forwarded it back to the Committee for ployment; that, as a matter of fact, need to be done. final actions. The Committee completed its somebody can be dismissed through no There are a number of people, I have work on the morning of Saturday, December 16, and I understand that both bills were de- fault of their own. It happens all the to tell you, that are still employed livered to the President at that time. time in the private sector based upon here who are doing jobs that should not I stand ready to discuss any of these issues business decisions, business cycles, de- be done, and they will be dismissed and with you in more detail if you would find it cisions to merge or eliminate busi- the job will be ended. That was the useful. nesses, and what will go on around here commitment the American people said With warm regards, will be business decisions. they wanted out of this new majority, ROBIN H. CARLE. We have responsibility for running and we are doing it. Mr. THOMAS. The Clerk says in her this place, and we are going to run it in It seems to me that if the gentleman letter, ‘‘First, contrary to media re- a professional manner. The gentleman from Maryland has any facts based ports by an ‘unnamed source’, let me can from time to time come to the upon all of the innuendo about politics clearly state that at no time in the last floor, as he has done now, and criticize in terms of evidence to indicate that week has the integrity of the House those decisions. He has every right to someone was not professionally pre- floor or the quality of the work pro- criticize the decision. But he has to un- pared to do the job, notwithstanding duced by the Offices of the Clerk suf- derstand that people are dismissed in the fact that they may happen to be a fered.’’ Republican. Since the old test under The Clerk goes on to say that, ‘‘I, ob- this world when there is no cause for their majority was whether they were viously, evaluated the work load of my their dismissal, other than the fact a Democrat or not, not whether or not offices prior to taking these personnel that there is a restructuring going on, they could do the job, it seems to me actions and I was confident that we and heaven knows, this place continues that if he has any evidence whatsoever, would be able to maintain the timeli- to need restructuring. No one is guaranteed lifetime em- we would certainly like to take a look ness and quality of Clerk operations. ployment under this majority. Based at it, that people were hired for par- Although inaccurate press accounts upon his assertions, apparently that tisan reasons, rather than for their and hallway gossip would suggest oth- was the case under the old regime, with professional competency, I say not- erwise,’’ she says, ‘‘I believe it is clear- patronage and plantation as the model. withstanding the fact that they were ly evident that the House’s ability to Mr. HOYER. Mr. Speaker, will the Republicans. function did not rest solely on the gentleman yield? So, Mr. Speaker, what we have in shoulders of these nine individuals.’’ I Mr. THOMAS. That is not the model front of us, once again, is a resolution agree with her completely. As a matter that we are using in organizing this that was passed by the committee for of fact, very few of them were directly place. the interim approval of regulations involved in the legislative process. Mr. HOYER. Mr. Speaker, will the The letter goes on to analyze argu- which we believe will go into effect gentleman yield? ments that have been made about the while we are in adjournment, and I Mr. THOMAS. I will tell the gen- inability to get the job done around would ask that we move on to the next tleman that he well knows, conjunc- here. Interestingly enough, one of the resolution. tion or not, that for business decisions, Mr. Speaker, I reserve the balance of problems was a printing error on the you can, without cause, dismiss people. my time. part of the Government Printing Of- Mr. HOYER. Mr. Speaker, will the Mr. GEJDENSON. Mr. Speaker, I fice. It was, of course, discovered prior gentleman yield? yield 11⁄2 minutes to the gentleman to consideration of a House resolution, Mr. THOMAS. No, I will not yield, from Maryland [Mr. HOYER]. and it was corrected. and the gentleman can continue to say Mr. HOYER. Mr. Speaker, I thank b 1215 that and I will not yield. the gentleman for yielding me this We are in the latter days of the first Mr. Speaker, based upon the CRS re- time. session, and there is always a crunch- quest that we have some modicum of Mr. Speaker, the chairman rose and time involved and decisions hastily decorum on the floor, can I continue responded and talked about the media. made, notwithstanding the number of my statement without the harassing I did not say anything about the employees that have to be reviewed pe- yielding requests from the gentleman media. He talked about hallway allega- riodically. from Maryland? tions. I did not say anything about Mr. HOYER. Mr. Speaker, I reserve The SPEAKER pro tempore. The gen- that. I think where he got that was the right to object. Before the gen- tleman from California controls the from the letter from Ms. Carle. I was tleman finished what he wanted to in- time. not going to object to the submission clude in the RECORD, the Speaker said Mr. THOMAS. Mr. Speaker, we cur- of this letter. I disagree with some as- ‘‘without objection.’’ But the fact of rently have a discrimination procedure pects of it, but it is fine to have in the the matter is, he had not finished his available to us under the Office of Fair RECORD and we will discuss its perti- request. Employment Practices. If it was for nent parts. Mr. THOMAS. Mr. Speaker, I had discrimination, title VII of the Civil I thought there were 10, I still think concluded, I heard ‘‘without objec- Rights Act applies. I do not believe there are 10, maybe there are 9. Wheth- tion,’’ and, therefore, I read from the anyone is arguing that there was dis- er it is 9 or 10, the fact remains that a letter. crimination. few days before Christmas, for no The SPEAKER pro tempore. The I cannot believe the gentleman’s ar- cause, they were told, some after 23 Chair said ‘‘without objection.’’ The gument about a Vietnam vet and some- years of service, some after 20, some December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15115 after 19, some after 15, that their serv- good quality people. We should be transition period. That was not my under- ices were no longer going to be utilized keeping them and reinforcing them, standing of the protections the new majority by the House of Representatives. They not scaring the hell out of them. was seeking for House employees and is con- effectively were fired before Christmas. Mr. THOMAS. Mr. Speaker, I ask trary to all public statements made by the They are still on the payroll; they will unanimous consent to place in the Majority. It is also clearly inconsistent with conversations you and I have had in the past. still be paid. They have comp time RECORD a letter to the gentleman from coming to them, they have certain Maryland [Mr. HOYER] from the Clerk. In light of these recent events, I would like leave coming to them. But the fact of The SPEAKER pro tempore. Is there to see the staffing levels in each of your of- the matter is we took that action. objection to the request of the gen- fices as of the following dates: November 1, The issue here is that in July of 1995, tleman from California? 1994, January 5, 1995, July 1, 1995 and today. Mr. HOYER. Reserving the right to In addition, I now make the request to you in reorganization, this manual was that I have made to other officers of the published and given to the employees, object, Mr. Speaker, and I do not in- House for the resumes of your senior staff, and it said if they were going to be re- tend to object, first of all, let me ask, including office chiefs and of the personnel moved, they would have certain rights. is this the letter of December 13? you have hired since February and the posi- This was not complied with. Period. Mr. THOMAS. I will tell the gen- tions they occupy. That is not a newspaper report, that is tleman, this is the letter of December I can find no readily apparent logical or not hallway talk. That is STENY HOYER 18. appropriate reasonable business purpose for standing on this floor reading this very Mr. HOYER. Mr. Speaker, I have that these actions. I urge you to revisit these de- simple sentence and saying the Clerk’s copy as well. I will not object, but sim- cisions to ensure the proper function and in- own rules were not complied with in ply reiterate that I want to make it tegrity of the Office of the Clerk, I look for- this action. That was wrong, unfair, clear, because she says that I question ward to receiving your materials and to fur- and ought to be reversed. her abilities or her abilities have been ther discussing these matters with you. Mr. GEJDENSON. Mr. Speaker, I questioned, I do not question that. Sincerely yours, yield the balance of my time to the There are some other things in the let- STENY H. HOYER. gentleman from Ohio [Mr. TRAFICANT]. ter with which I disagree. But I think The SPEAKER pro tempore. The gen- she has set forth her case, and I think OFFICE OF THE CLERK, tleman from Ohio is recognized for 2 it is appropriate that it be in the U.S. HOUSE OF REPRESENTATIVES, Washington, DC, December 18, 1995. minutes. RECORD at this time. Mr. TRAFICANT. Mr. Speaker, I Hon. STENY HOYER, Mr. Speaker, I withdraw my reserva- Longworth House Office Building, Washington, have never disagreed with the Amer- tion of objection. DC. ican people’s votes. The Republicans The SPEAKER pro tempore. Is there are in charge and run the place, and I objection to the request of the gen- DEAR CONGRESSMAN HOYER: This letter is a follow up to our conversation of Tuesday, support that. tleman from California? December 12, and your letter dated December One of these fellows that was let go There was no objection. 13. I appreciate knowing of your interest in was a Vietnam vet, did not come here The letters referred to follows: the internal management and personnel ac- under patronage, filled out a general CONGRESS OF THE UNITED STATES, tions of my office and your concern with my application, and was instructed as of HOUSE OF REPRESENTATIVES, personal management abilities. Washington, DC, December 13, 1995. July that he would be free and clear First, I would like to address your ques- Hon. ROBIN CARLE, and ended up purchasing property, an tions regarding the current integrity of the Clerk of the House, U.S. House of Representa- individual that fought hard to get the Office of Legislative Operations, the Office of tives, Washington, DC. gentleman from Florida, BILL YOUNG, a Legislative Computer Systems, LEGIS, the DEAR ROBIN, As a follow-up to our meeting voting booth in the back. yesterday, I am writing to again express my House Document Room and the overall func- One of these new hires is a noncitizen grave concerns over the personnel actions tioning of the House floor in light of these with a green card. I think that is the you have taken over the last two weeks. I am personnel actions. It is my position, that problem with the country here. I think fearful that the ability of the Office of the while nine individuals were relieved of serv- it starts in the Congress of the United Clerk to perform the administrative func- ice and their responsibilities assigned to States. I think this is a damn shame. tions of the House has been compromised. I other current personnel, at no time has the integrity or quality of work produced by the And from what I am hearing now, there am specifically concerned about the ability of the enrolling and tally clerks to perform Clerk’s operations suffered, as evidenced by will be more dismissals. our successful performance during last Take this staff. They start at 10 in their functions to their usual high standard in light of the severe staff reductions you week’s legislative schedule. I was confident the morning. If some long-winded poli- have undertaken. this would be the case at the time these ac- ticians should have special orders until Furthermore, I and other members of the tions were taken. Although inaccurate press 2 o’clock the following morning, they Committee on House Oversight were under accounts and hallway gossip would suggest are here. Now, they are looking over the impression that your reorganization was otherwise, I believe it is now even more their shoulder worrying if they are complete. Yet these employees, who had all clearly evident to you and others that the going to have a job. received and accepted offers of continued House’s ability to function did not rest sole- We passed an accountability act, an employment, have now been summarily dis- ly on the shoulders of these nine individuals. accountability act that would in fact missed without cause. In our recent con- Several other rumors and issues have been versation you also implied that some of circulating in light, I believe, of our earlier make Congress sensitive to the laws of these positions would be filled, some changed conversation and your subsequent conversa- the land. My God, we have uprooted and some would not be filled. As you know, tions with other parties. Issues have been families. In July we were supposed to this is contrary to the plan you submitted to raised regarding the demographic makeup of have been beyond this. the Committee on House Oversight. the group of individuals hired in the last This is wrong. The Congress of the I have also been troubled to learn that con- eight months, their gender and other ques- United States should stand for more trary to my understanding from our recent conversation that you had not made any re- tions regarding employees of foreign origin. than this. And when an individual In general, I have been criticized for hiring comes in here without patronage, with- cent hires, that in fact, there are several new employees in Legislative Operations. women, minorities and individuals of foreign out a sponsor, and is fair to everybody Since our conversation, I have had the op- background. I have been hiring and firing on both sides of the aisle, a Vietnam portunity to speak personally with a number people for 20 years. It is and has always been vet, it is a week before Christmas, set of individuals that you or your representa- my personal objective to hire people com- loose, 1 day, 1 week before the January tives dismissed. I am shocked at the way petent to carry out the missions required of 23 deadline, officially, look, everybody these dismissals were handled. These dismis- individual positions, separate of race, gender is saying they do not question the sals all seem contrary to the policies you lay and religious background. Not only would Clerk. I question the Clerk, and the out in the Policies and Procedures manual of discrimination based upon these characteris- tics be in violation of House Rules and fed- Clerk is not the boss around here. She your office. Furthermore, many of these em- ployees had been recently promoted and eral law, it would be against my personal be- is not in charge. The Republican ma- were, by your or our staff’s own admission, liefs and character. I am proud of my hiring jority is in charge, and I think you quality employees. Again, I am very con- record since February, which includes the should do what is right on this and put cerned that employees are now being dis- appointment of 35 individuals, of whom 19 to rest this dismissal business. We have missed without cause after the end of the are women (54.3%), eight are minorities H 15116 CONGRESSIONAL RECORD — HOUSE December 19, 1995 (22.9%) including two individuals who hold manual clearly outlines procedures and rected to Ms. Carle dated December 13, permanent work visas and who prior to em- guidelines for disciplinary actions and dis- 1995, appear immediately preceding her ployment with my office, applied for U.S. missals for cause. In no way does the manual response, so that the record is clear. citizenship, and two military reservists. prohibit dismissal without cause or end the In addition, let me assure you that I am category of at-will employment. In fact, con- The SPEAKER pro tempore. Is there the employing authority for the Offices of trary to various media reports, the enact- objection to the request of the gen- the Clerk. I personally determine the hiring ment and implementation of the Congres- tleman from Maryland? and other personnel actions that are taken sional Accountability Act will not end at- There was no objection. in my offices. All references that either the will employment in these offices. The SPEAKER pro tempore. The Committee on House Oversight, Leadership I know and respect your interest in the in- question is on the motion offered by Offices or others determine my personnel de- stitutional aspects of Capitol Hill. Like you, the gentleman from California [Mr. cisions are untrue and I find personally in- I have a deep sense of obligation and respon- sulting. I made these and other personnel de- sibility to ensure the success of the House THOMAS] that the House suspend the cisions and will not hide behind someone’s and in particular the Clerk’s organization. rules and agree to the resolution, political agenda to suggest otherwise. Fur- Consequently, I have never had any interest House Resolution 311. ther, I believe it is a stretch to be criticized in taking internal administrative actions The question was taken; and (two- for ‘‘wholesale’’ termination of individuals that would threaten the abilities of the thirds having voted in favor thereof) employed prior to the 104th Congress. After House. I would like to personally discuss the rules were suspended and the reso- these nine actions, 168 professionals are em- with you again any questions or concerns you have regarding these actions and my lution was agreed to. ployed by the Clerk, in addition to 66 House A motion to reconsider was laid on Page positions. Of these 168 employees, 133 management abilities. are holdovers from the Democrat-controlled Finally, I share your belief that these indi- the table. 103rd Congress. Therefore, 80 percent of the viduals have and could continue, in different f capacities, to make positive contributions to Clerk’s current employees are holdovers PROVIDING FOR CONSIDERATION from the 103rd Congress. the House. While I do not wish to further Also, as I explained to you earlier, in the their employment with the Clerk’s organiza- OF HOUSE CONCURRENT RESO- reorganization of the Clerk’s offices as I pro- tion, I am not the only employing authority LUTION 122, REVISED BUDGET posed to the Committee on House Oversight on Capitol Hill. I would happily recommend RESOLUTION REFLECTING THE and as it was approved, all positions were them for employment with you or any other PRESIDENT’S MOST RECENT abolished effective June 30, 1995, and new Member interested in offering them new op- PROPOSAL standardized positions created effective July portunities. If you have any further inquiries, I would 1, 1995. All employees who were retained Mr. SOLOMON. Mr. Speaker, by di- welcome them. within the Clerk’s organization were re-as- rection of the Committee on Rules, I With warm regards, signed to these new standardized positions call up House Resolution 309 and ask ROBIN H. CARLE. and this re-assignment may have resulted in for its immediate consideration. increases or decreases in pay. While these Mr. THOMAS. Mr. Speaker, I would The Clerk read the resolution, as fol- nine employees were retained at that time, like to emphasize briefly in the letter lows: none of the employees received merit raises to Mr. HOYER the Clerk indicated, H. RES. 309 or promotions. ‘‘These positions were contained within Between November 30 and December 7, all my reorganization proposal adopted by Resolved, That upon the adoption of this nine employees were informed that they resolution it shall be in order without inter- the Committee on House Oversight and vention of any point of order to consider in were going to be placed on administrative implemented on July 1, 1995.’’ The leave from their notification date forward the House the concurrent resolution (H. Con. until January 16–22 days after Christmas and Clerk says, ‘‘I have yet to determine Res. 122) setting forth a revised congres- more than five weeks advance notice before whether to fill these positions with sional budget for the United States Govern- their removal from the Clerk’s payroll. This new candidates, hold them as vacant ment for the fiscal years 1996, 1997, 1998, 1999, voluntary action was also accompanied by positions, or forward a proposal to the 2000, 2001, and 2002. The concurrent resolu- my further commitment to provide lump Committee on House Oversight for tion shall be debatable for two hours equally sum payments for accrued annual leave for their elimination.’’ divided and controlled by the chairman and all of these employees for up to 30 calendar Again, this is a business reorganiza- ranking minority member of the Committee days and other help in their efforts to find tion decision on the part of the Clerk. on the Budget. The previous question shall alternative employment. No employee was She goes on to say, ‘‘You have also be considered as ordered on the concurrent resolution to final adoption without inter- terminated during the Christmas Holiday raised questions regarding the person- week as stated throughout various media re- vening motion or demand for division of the ports. nel manual I have provided my staff on question. the operation of the offices of the Other media reports have contained state- The SPEAKER pro tempore. The gen- ments that the released employees were Clerk.’’ The letter states, ‘‘The manual tleman from New York [Mr. SOLOMON] ‘‘locked out’’ of computers prior to their no- clearly outlines procedures and guide- is recognized for 1 hour. tification. This statement is completely in- lines for disciplinary actions and dis- Mr. SOLOMON. Mr. Speaker, for the accurate. While changes in computer user missals for cause. In no way does the purposes of debate only, I yield 30 min- IDs and passwords have now occurred, it manual prohibit dismissal without utes to the gentleman from Massachu- came after notification of individuals of cause or in the category of at-will em- their future employment status. In fact, all setts [Mr. MOAKLEY], pending which I ployment. In fact, contrary to various employees were asked during their exit yield myself such time as I may media reports, the enactment and im- interview with the Immediate Office to com- consume. During consideration of the plementation of the Congressional Ac- plete a checkout process with my office prior resolution, all time yielded is for de- to close of business Monday, December 11. countability Act will not end at-will bate purposes only. This process is routine and requires the re- employment in these offices.’’ turn of office keys, House equipment, park- Mr. Speaker, I would to on to tell (Mr. SOLOMON asked and was given ing stickers and House IDs prior to the final- you that it will not end the reorganiza- permission to revise and extend his re- ization of payroll actions. A number of these tion of this institution, and that there marks and include extraneous mate- released individuals have failed to meet this will be individuals who will no longer rial.) deadline and could jeopardize timely process- have jobs, through no fault of their Mr. SOLOMON. Mr. Speaker, House ing of their lump sum payments during this own, other than the fact that this place Resolution 309 is a closed rule provid- compressed administrative period. Any per- ing for consideration in the House of sonal assistance you could provide in the re- was padded with scores of people who trieval of these items would be of great help. should never have been on the payroll House Concurrent Resolution 122, a re- I’d like to again state that while all these in the first place, and who had jobs vised budget resolution for fiscal years positions were contained within my reorga- which did not make a lot of sense. We 1996 through 2002. The resolution is nization proposal adopted by the Committee will continue to restructure this place based on the Congressional Budget Of- on House Oversight and implemented on until it makes sense. We will do it with fice scoring of the most recent budget July 1, 1995, I have yet to determine whether as much reasonableness as we can, but proposal of the President as laid before to fill these positions with new candidates, we will do it. the Congress last Friday, December 15. hold them as vacant positions or forward a The rule provides for 2 hours of general proposal to CHO for their elimination. Mr. Speaker, I yield back the balance You also raise questions regarding the per- of my time. debate, equally divided between the sonnel manual I have provided my staff on Mr. HOYER. Mr. Speaker, I ask chairman and ranking minority mem- the operation of the Offices of the Clerk. The unanimous consent that the letter di- ber of the Committee on the Budget. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15117 b 1230 their budget request into balance by of this House Committee on the Budget The rule provides that the previous fiscal year 2002. and former Director of the Office of question is ordered to final adoption Yesterday, the House overwhelm- Management and Budget, and he tried without intervening motion. ingly reaffirmed, by a vote of 351 to 40, to wiggle out of the commitment to Now, Members, what that means is its commitment to the 7-year, CBO- use CBO economic estimates in scoring that there will not be a motion to re- scored balanced budget. Today, the the President’s budget proposals as re- commit. That is consistent with the House will have an opportunity to de- quired, again, by law. It is the law that existing provision of the Budget Act, cide the same question from a different we do that. which prohibits recommitting a budget angle. Today’s resolution will give this Instead, what he proposed was that resolution. House a straight up or down vote on somehow we should begin without Mr. Speaker, and as Members will re- the President’s $87 billion deficit in fis- using anybody’s assumptions; we call, last spring I wrote to the Presi- cal year 2002. That is what this vote should proceed to negotiate a budget dent and offered him the opportunity will be all about here today on this agreement; and then, and only then, to present to us an alternative 7-year floor. score the agreement by some kind of balanced budget that we could make in If the House agrees that we should negotiated compromise between CBO order during consideration of the con- accept the President’s priorities and and OMB. That is smoke and mirrors gressional budget resolution, along estimates, then we will proceed with at its worst. with other alternatives we would bring budget negotiations based on those as- Mr. Speaker, that is the most mind- to the floor for debate. If Members will sumptions. That means the President’s boggling, mind-blowing, mind-bending recall, all of those resolutions were bal- assumptions and the President’s prior- suggestion that I have ever heard com- anced budgets that were brought to the ities. ing out of someone with the experience floor. If the House decides to, however, of Mr. Panetta. At that time, we received no response stick to its guns and stick by the law, The President of the United States is from the President. By its lack of re- incidentally that we enacted, that says talking about compromising the integ- sponse to my request, the administra- we really do want to balance the budg- rity of the independent Congressional tion was, in my opinion, indicating et in 7 years, scored by the nonpartisan Budget Office, formerly touted by that that it was not interested in even try- Congressional Budget Office, then we President, which I just read my col- ing to achieve a balanced budget with- can, hopefully, get back to the nego- leagues, in saying that economic pro- in 7 years or within any other time. tiating table with that clear statement jections should be a matter of political Mr. Speaker, the President subse- of our intent. Again, that is what that negotiations after the fact. quently, later on, suggested that it vote is all about on this floor today. Members of the House, the President might be possible to offer a balanced Mr. Speaker, we cannot proceed to is coming across like the 300-pound budget in 10 years, then maybe in 9 negotiate from different tables. Either man who has promised his wife he will years, he said, then 8 years, and, fi- we are at the CBO table or the OMB lose 100 pounds by the end of the year. nally, only recently, maybe he could do table. But the people want us to sit But when it comes to the end of the it in 7 years. down again at the same table, and they year, and he has only lost 25 pounds, he But, still, unfortunately, the Presi- want us to make sure that that table is asks his wife to renegotiate the mean- dent has not been willing to use Con- on the level and that everything is on ing of the 100 pounds so that it con- gressional Budget Office estimates as the level and on the table. That is what forms to the 25 pounds he actually lost. required, and this is so important for this is all about. That is what we are That is how ridiculous this whole argu- the press and for Members back in asking today. ment is. It is outrageous. their offices, he was not willing to use Mr. Speaker, I know it is sometimes Mr. Speaker, I do not think the ques- Congressional Budget Office estimates difficult for the American people to fol- tion of a real balanced budget should as required by the law and signed by low all this talk about CBO and OMB. be a matter that is subject to negotia- President Clinton himself as part of They have trouble even understanding tion just to conform to the appetites of the continuing appropriations resolu- what that is all about. It is more belt- government and those that want to tion. way talk or alphabet soup than any- spend, spend, spend. It should, instead, Mr. Speaker, the purpose of this rule thing else. But what they may recall, conform to the American taxpayers’ today is to give the House an oppor- Mr. Speaker, is that the President, and pocketbook, as we would like to see it, tunity to decide whether it wants to Members should listen to this because and that is in balance. proceed with the President’s 7-year it is so important, the President de- Mr. Speaker, just as a rose, is a rose, budget that is not in balance. Let me clared in 1993, in his first State of the is a rose, a balanced budget, is a bal- repeat that. To proceed with the Presi- Union Address, and I have it over here anced budget, is a balanced budget. dent’s 7-year budget that he has given for Members if they want to see the ac- And just as a rose by any other name us last Friday, December 15, that is not tual quotations, the President said in would still smell as sweet, an unbal- in balance, according to CBO. That is his first State of the Union Address anced budget by any other name would the Congressional Budget Office. that we should use the more reliable still smell rotten. What that budget shows, when we numbers of the Congressional Budget Members, is it any wonder that the factor in all the off-budget items, is Office in scoring his budget in that American people are so fed up and that the President is still some $87 bil- year. That was this President Clinton holding their noses over the smells lion in deficit after 7 years, compared that said that. emanating from this President’s at- to $3 billion in surplus in the Balanced In that address on February 17, 1993, tempt to portray an unbalanced budget Budget Act recently passed by this the President asked this Congress to as balanced? What could be more trans- Congress, that means both Houses, and score his budget using, and I quote, parent than a gilded rose that still sent to the President, and which he ve- ‘‘the independent numbers of the Con- smells like a skunk cabbage? And do toed that bill. gressional Budget Office.’’ And he went Members know what a skunk cabbage Mr. Speaker, a commitment was on to say, and this is a continuation of is? My friends, try smelling one one made by both the President and the his quote, ‘‘I will point out that the time. Congress to enact a 7-year balanced Congressional Budget Office was nor- Mr. Speaker, the charge was made in budget using nonpartisan Congres- mally more conservative in what was the Committee on Rules that this rule sional Budget Office estimates and to going to happen and closer to the right and this budget resolution it makes in do so this year. There is no question than previous Presidents have been.’’ order is political. Well, Mr. Speaker, I about the meaning or requirements of What could be more simple and hon- would simply point out that we are that language that both branches have est than that admission? Therefore, now engaged in the political process, in committed to by law; that the Presi- Mr. Speaker, I was just shocked, I was a political body that is the Congress, dent has committed to by law. But the aghast to hear on Sunday’s TV talk under a political system that is estab- administration has, thus far, refused to show the President’s Chief of Staff, Mr. lished by our Constitution. Politics is agree to CBO estimates in bringing Panetta, and he is a former chairman about the allocation of resources, H 15118 CONGRESSIONAL RECORD — HOUSE December 19, 1995 about setting priorities, making that and, instead, consign these people, years; and getting back to a common choices. That is what this Congress is these children of ours, and our poster- negotiating table that is on the level all about. ity to deeper debt, stagnation and fail- with everything on it. That is what Yes, this is politics in the most hon- ure. We just cannot do that. this is all about. orable and defining sense of that term. This is about politics in its finest We are indeed engaged in the most im- sense of that term, the politics of mak- Mr. Speaker, Members should come portant political debate of our genera- ing tough, hard choices. That is what over here, vote for this rule, and then tion, over whether we are willing to we have to do if we are to balance the defeat this unbalanced budget so that put our political and financial House in budget, but they are choices that will we can get on with what we have all order by living within our means. That determine the future direction of this agreed to, and that is bringing some is something the American people do. Nation and what kind of legacy we will fiscal sanity to this Government of They expect us to do it. leave to our posterity. ours. This debate will define for the next I urge support of this rule and defeat generation whether we were willing to of the President’s unbalanced budget Mr. Speaker, I include for the face up to that challenge of balancing that will be on this floor in just a few RECORD, a document entitled ‘‘The the budget and providing a brighter fu- minutes so that we can get back on the Amendment Process Under Special ture for our children and our grand- course we and the President, by law, Rules Reported By The Rules Commit- children, and I have four of them, or committed to, and that is achieving a tee, 103rd Congress v. 104th Congress whether we will be too cowardly to do truly balanced budget in the next 7 (As of December 18, 1995).’’ THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of December 19, 1995]

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

Open/Modified-open 2 ...... 46 44 57 65 Modified Closed 3 ...... 49 47 20 23 Closed 4 ...... 9 9 11 12 Total ...... 104 100 88 100 1 This table applies only to rules which provide for the original consideration of bills, joint resolutions or budget resolutions and which provide for an amendment process. It does not apply to special rules which only waive points of order against appropriations bills which are already privileged and are considered under an open amendment process under House rules. 2 An open rule is one under which any Member may offer a germane amendment under the five-minute rule. A modified open rule is one under which any Member may offer a germane amendment under the five-minute rule subject only to an overall time limit on the amendment process and/or a requirement that the amendment be preprinted in the Congressional Record. 3 A modified closed rule is one under which the Rules Committee limits the amendments that may be offered only to those amendments designated in the special rule or the Rules Committee report to accompany it, or which preclude amendments to a particular portion of a bill, even though the rest of the bill may be completely open to amendment. 4 A closed rule is one under which no amendments may be offered (other than amendments recommended by the committee in reporting the bill).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of December 19, 1995]

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

H. Res. 38 (1/18/95) ...... O ...... H.R. 5 ...... Unfunded Mandate Reform ...... A: 350–71 (1/19/95). H. Res. 44 (1/24/95) ...... MC ...... H. Con. Res. 17 ...... Social Security ...... A: 255–172 (1/25/95). H.J. Res. 1 ...... Balanced Budget Amdt ...... H. Res. 51 (1/31/95) ...... O ...... H.R. 101 ...... Land Transfer, Taos Pueblo Indians ...... A: voice vote (2/1/95). H. Res. 52 (1/31/95) ...... O ...... H.R. 400 ...... Land Exchange, Arctic Nat’l. Park and Preserve ...... A: voice vote (2/1/95). H. Res. 53 (1/31/95) ...... O ...... H.R. 440 ...... Land Conveyance, Butte County, Calif ...... A: voice vote (2/1/95). H. Res. 55 (2/1/95) ...... O ...... H.R. 2 ...... Line Item Veto ...... A: voice vote (2/2/95). H. Res. 60 (2/6/95) ...... O ...... H.R. 665 ...... Victim Restitution ...... A: voice vote (2/7/95). H. Res. 61 (2/6/95) ...... O ...... H.R. 666 ...... Exclusionary Rule Reform ...... A: voice vote (2/7/95). H. Res. 63 (2/8/95) ...... MO ...... H.R. 667 ...... Violent Criminal Incarceration ...... A: voice vote (2/9/95). H. Res. 69 (2/9/95) ...... O ...... H.R. 668 ...... Criminal Alien Deportation ...... A: voice vote (2/10/95). H. Res. 79 (2/10/95) ...... MO ...... H.R. 728 ...... Law Enforcement Block Grants ...... A: voice vote (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15119 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of December 19, 1995]

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

H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H. Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... A: voice vote (11/14/95). H. Res. 261 (11/9/95) ...... C ...... H.J. Res. 115 ...... Cont. Resolution ...... A: 223–182 (11/10/95). H. Res. 262 (11/9/95) ...... C ...... H.R. 2586 ...... Increase Debt Limit ...... A: 220–185 (11/10/95). H. Res. 269 (11/15/95) ...... O ...... H.R. 2564 ...... Lobbying Reform ...... A: voice vote (11/16/95). H. Res. 270 (11/15/95) ...... C ...... H.J. Res. 122 ...... Further Cont. Resolution ...... A: 229–176 (11/15/95). H. Res. 273 (11/16/95) ...... MC ...... H.R. 2606 ...... Prohibition on Funds for Bosnia ...... A: 239–181 (11/17/95). H. Res. 284 (11/29/95) ...... O ...... H.R. 1788 ...... Amtrak Reform ...... A: voice vote (11/30/95). H. Res. 287 (11/30/95) ...... O ...... H.R. 1350 ...... Maritime Security Act ...... A: voice vote (12/6/95). H. Res. 293 (12/7/95) ...... C ...... H.R. 2621 ...... Protect Federal Trust Funds ...... PQ: 223–183 A: 228–184 (12/14/95). H. Res. 303 (12/13/95) ...... O ...... H.R. 1745 ...... Utah Public Lands. H. Res. 309 (12/18/95) ...... C ...... H. Con. Res. 122 ...... Budget Res. W/President. Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. SOLOMON. Mr. Speaker, I re- waste of time; and, so I said, it is a We made a commitment on Septem- serve the balance of my time. waste of time. ber 27, 1994, that we would move ahead Mr. MOAKLEY. Mr. Speaker, I yield Last week my Republican colleagues with the Contract With America. With- myself such time as I may consume. dismissed this proposal out of hand. in that plan, we called for balancing Mr. Speaker, the truth is this is not They refuse to reconsider their own the Federal budget. We all read the even the President’s budget. It was put Medicare and Medicaid cuts to pay for newspaper. We watch television. We together by a Republican staff without tax breaks for the rich. They refuse to know that there is a very low level of consulting the White House and with- keep their end of the contract and pro- support right now for Republicans in out consulting OMB. So let us get that pose a budget that protects Medicare, the U.S. Congress. But guess what? To matter straight. education, and the environment. a Member, we have found on our side of Mr. Speaker, once again, the House So why on Earth is this out-of-date the aisle a very strong commitment to negotiating offer on the floor now? and of Representatives is spending time on the promise that was made. That com- why haven’t my Republican colleagues a matter that is a complete waste of mitment is to balance the Federal put together their own alternative? budget within 7 years. time. Today is the 10th day this year If Congress and the President are in that the U.S. Government has been Mr. Speaker, I have been criticized the midst of negotiating then nego- for this in the past. I am going to say closed. tiate. Keep going until you get it right. Today 383,000 people will be turned it again. I want to help Bill Clinton be- The American people are getting tired come a better President. The gen- away from National Park Service fa- of these silly political games, and I just cilities. Today 80,000 people will be tleman from New York [Mr. SOLOMON] don’t blame them. has ridden me for saying that, and sev- turned away from the Smithsonian In- Mr. Speaker let’s get a deal the stitutions and the National Zoo. Today eral others have. House can vote on, or at least let’s get Do my colleagues know why I want the January 1 benefit checks for 3.3 the appropriations bills on the floor. to make Bill Clinton a better Presi- million veterans will be threatened. Mr. Speaker, I urge my colleagues to dent? Because he is our Commander in Today 20,000 students who apply for defeat this rule. The resolution is a Chief and we only have one President loans will not have their applications waste of time, and Congress shouldn’t at a time. I believe that we can make processed, and may not be able to pay be playing these games. Let’s stop the him a better President by helping him for college. politics and give the American people keep the promises that he made back Mr. Speaker, my Republican col- their Government back. in 1992 when he was a candidate. leagues have been in control of the Mr. Speaker, I reserve the balance of He said that he would balance the Congress for almost a year. my time. budget within 5 years. Just a few On October 1, 10 months into their b 1245 months after he won that election, he reign, the Republican Congress should Mr. SOLOMON. Mr. Speaker, I will be stood right here, as the gentleman have finished the 13 appropriations glad to respond to the gentleman’s re- from New York [Mr. SOLOMON] has said, bills so that the Federal Government mark, in my closing remarks. and he said on February 17, 1993, in his wouldn’t shut down and these things Mr. Speaker, I yield 4 minutes to the state of the union message, that he wouldn’t happen. gentleman from Claremont, CA [Mr. wanted us to use the reliable Congres- So, Mr. Speaker, here we are. It’s DREIER], one of the outstanding Mem- sional Budget Office scoring procedure. nearly Christmas and we haven’t even bers of this body, and a member of the Mr. Speaker, he has also said time sent all the appropriations bills to the Committee on Rules. and time again that he wants to reduce President yet. The American people Mr. DREIER. Mr. Speaker, I thank the size and scope of Government. He will feel it. my friend from Glens Falls, the distin- does not want to make cuts in Medi- That’s why my Republican colleagues guished chairman of the Committee on care and Medicaid. Mr. Speaker, we are are negotiating with the President Rules, for yielding me this time. doing every single one of those things. today. That’s why it’s so important to Mr. Speaker, I rise to strong support But unfortunately, unfortunately, the keep those negotiations open instead of of this rule, believing that we should, President is going down the road to- playing these type of political games. in fact, keep out promises. That is real- ward further deficit spending. This bill today is just an attempt to ly what this comes down to, very sim- He is claiming that we are cutting embarrass the President, and it is a ply and basically, Mr. Speaker. Medicare and Medicaid when, in fact, H 15120 CONGRESSIONAL RECORD — HOUSE December 19, 1995 we all know we are bringing about a 63- ities ought to be, about what tax prior- FL [Mr. GOSS], a member of the Com- percent increase in the level of spend- ities ought to be, and they have mittee on Rules. ing for Medicare over the next 7 years reached an impasse, apparently. (Mr. GOSS asked and was given per- and we are dramatically increasing So, to try to gain more brownie mission to revise and extend his re- Medicaid and allowing the States to points politically, what is now happen- marks.) have the opportunity to establish their ing is that the Republican leadership of Mr. GOSS. Mr. Speaker, I thank the priorities. the House is bringing a bill to the floor gentleman from Glens Falls, NY [Mr. Unfortunately, as we look at where which they pretend is the President’s SOLOMON], my friend, the distinguished we are headed, the President’s plan budget. chairman of the Committee on Rules, calls for deficits as far as the eye can Mr. Speaker, it is not the President’s for yielding. see, and as the gentleman from New budget. It is their own concoction, Mr. Speaker, I rise in support of the York said, $87 billion in the year 2002. their own political concoction designed rule, but in strong opposition to the Mr. Speaker, one of the things that to create another vehicle by which underlying resolution. has not been talked about much as they can rhetorically beat up on the Some may wonder why we are taking been the fact that we are putting into President for a couple of hours, rather the time to debate this budget resolu- place an economic growth package than sitting down seriously and talk- tion, when it so clearly does not meet here. The gentleman from Massachu- ing about real program differences on the simple test that the President signed into law just last month: A bal- setts [Mr. MOAKLEY], my pal from budget negotiations. south Boston, talked about tax breaks Mr. Speaker, they also are planning anced budget in 2002. The reason is that for the rich, when in fact he knows, later today, apparently, at least they people need to know the President is and even President Clinton acknowl- have been, to bring up a continuing unwilling to come to the table with a edges, that if we were to reduce the top resolution to allow the Government of real balanced budget proposal. It seems the only way to get through the spin rate on capital gains we could stimu- the District of Columbia to proceed, zone at the White House is to force the late economic growth. but not to allow the Federal Govern- Mr. Speaker, we also know that an ment to reopen. I also find that posi- issue—put his numbers up to the test overwhelming majority of the benefits tion ludicrous and unreal. and watch the plan fall of its own for reducing the top rate on capital What we need to have happen here is weight. Once a majority of this House rejects gains goes toward working Americans. for the political rhetoric to stop. What the President’s cooked-book numbers Many of the people who are categorized we need to have happen is for the Re- then maybe the President will drop his publican leadership of the Congress to as rich have a low level of income the pretenses and come to the table in good sit down and negotiate with the Presi- year before they take their appreciated faith. We’ve given him four chances to dent with no preconditions. What we asset; that small business, or their meet this goal: His first two budgets, need is for all of us to stop attacking home, and realize it. And the year including his first so-called balanced each other rhetorically because we are after, they are also making $30,000 or budget would have resulted in $200 bil- not about to do anything real. $40,000 a year. But the 1 year they look lion in deficits in 2002, according to Mr. Speaker, we ought to be doing at this asset, they are categorized as CBO. The President’s third and fourth something that is real. What we ought the rich, when in fact they are working budgets—submitted after he signed to be doing is to try to find ways to Americans who have simply been aspir- into law a commitment to achieve a bridge differences, not to find rhetori- ing to attain the American dream: The balanced budget in 7 years—still come success of a business, owning a home, cal arguments that will expand those up short by some $87 billion in the final and the chance to pass on to their chil- differences. Why should we have a year. This is absolutely unacceptable— dren and grandchildren some of the closed rule on this budget to allow only to the American people, and to a bipar- benefits of their very hard work. this so-called President’s budget to tisan majority of this House. Mr. Speaker, if we were to reduce the come up, when it is not even the Presi- Yesterday the House of Representa- top rate on capital gains, it is not a dent’s budget? He is not even asking tives voted overwhelmingly in favor of drain on the Treasury. Every single that you do it. Why should the coali- balancing the budget in 7 years using time in the history of this country that tion budget not be up? Why should a real numbers: 351 Members, including a we have seen the top rate on capital number of other options not be up on majority of the Democratic Party rec- gains reduced, we have seen economic the floor? ognize the overwhelming need to bal- growth and, yes, an increase in the All this is is a narrow political exer- ance the budget. flow of revenues to the Federal Treas- cise that substitutes rhetoric for real Mr. Speaker, the time has come for ury. action. What has happened in plain the President to realize that he cannot In fact, if we were to have a 15 per- view is that the majority party has have it both ways—he must come to cent rate on capital gains, we would, taken so much heat in the polls for the table in good faith, or put at risk over a 7-year period, see an increase of their budgets which have squashed the future of not just our children, $200 billion in revenues to the Federal Medicare, squashed Medicaid, squashed but—according to the bipartisan com- Treasury. education, that they are trying to di- mission on entitlement and tax re- This is a very balanced package. We vert attention from that. form—our entire Federal safety net. I should support this rule, and move for- To do that, first of all they engineer am disappointed that we have come to ward and, in fact, defeat the Presi- an unneeded Government shutdown, an this expose´ today, but it must be done. dent’s budget. We all know that it is artificially created crisis, and then Support the rule; vote down the Presi- smoke and mirrors and it is really an they bring this joke to the floor. They dent’s unbalanced budget and invite abrogation of the responsibility the should be ashamed of themselves. We him to work realistically on accom- President was given when he was elect- have better things to do with our time plishing balance by 2002. Let’s do what ed in 1992. than this dog and pony act. we must before 1996 arrives. Mr. MOAKLEY. Mr. Speaker, I yield Mr. SOLOMON. Mr. Speaker, I yield Mr. MOAKLEY, Mr. Speaker, I yield 3 minutes to the gentleman from Wis- myself 15 seconds just to say to the 6 minutes to the gentleman from Mis- consin [Mr. OBEY], ranking minority gentleman from Wisconsin [Mr. OBEY], souri [Mr. VOLKMER]. member on the Committee on Appro- the Committee on the Budget made a (Mr. VOLKMER asked and was given priations. request to the Office of Management permission to revise and extend his re- Mr. OBEY. Mr. Speaker, I hope that and Budget to bring their figures, to marks.) no one here thinks that anything real bring their budget here. They flatly re- Mr. VOLKMER. Mr. Speaker, well, is going on, because it is not and that fused to do it. The only way we could we have got a big joke here today. We is a disgrace. It is a downright shame. smoke out the President’s budget is to have got a bunch of adults acting as Mr. Speaker, as everyone knows, the take what he has been saying through children. I can remember back when I President and the Republican leader- the media. was a youngster and the circus would ship in the Congress have a ‘‘slightly’’ Mr. Speaker, I yield 2 minutes to the come to town, Ringling Brothers/Bar- different view about what budget prior- distinguished gentleman from Sanibel, num & Bailey. That was the ‘‘Greatest December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15121 Show on Earth.’’ Well, Mr. Speaker, ket, because we could very well get let us present it also. If we are going to this is the greatest show on Earth there on the road we are going and the negotiate here, bring all of the options today. at attitude that has been taken by the to the floor of the House under an open It is unbelievable that we would have majority. rule without time limits and let us, all grown people playing games that are b 1300 of us, stay right here in this House being played here today, knowing that without recessing, without closing the the resolution that they are going to How long, Mr. President, I say, Mr. doors until we battle it out and come offer is not the President’s budget; it is President, you stand with your prin- to an agreement. one that they made up, what they say ciples as long as it takes until the ma- If that is what my colleagues want to is based on what the President pro- jority realizes that you are not going do here on the floor, then open it up posed way back when, not today, and to cave in to their blackmail. That is and let us do it. But to bring this kind they are playing games. They are try- all it is, pure blackmail, pure threats. of a closed rule forward, all it is is lob- ing to fool the public. Do not cave in. I ask my Democratic bing hand grenades back and forth be- Mr. Speaker, it is really just a plain friends not to cave in. Stand firm. tween the Hill and the White House. It old show. That is all it is, with no real Stand firm for our principles. If they is very nonproductive, and the people purpose as far as legislators are con- want to ruin the country, let them ruin in the country are getting tired of it. cerned. the country. Rather than lobbing grenades, if we Mr. Speaker, I have been a legislator I would like to say one other thing. really wanted to do something real, in the State legislature and in this At the time that I was off from here last night we brought a resolution to Congress for 29 years. I have never, in and when my wife was ill, I used to this floor to restate the parameters of my history, ever seen an act like this. watch the news. I did not have time to the negotiations that are supposed to We do not see an act this good on play silly games. I listened to people be taking place but are not. And we Broadway. I do not know why we do like Tom Brokaw and Peter Jennings said it has to be under CBO scoring. I not sell tickets for this big show, be- and Dan Rather, read the Washington stood up and said, fine, but we could cause that is all it is. Post, Wall Street Journal, and other make this resolution better by expand- Who is the ringmaster? Well, the noteworthy newspapers. ing it to say, let us get the negotia- Speaker is. There is no question in my Not one of those people know what is tions going and keep them going until mind. The Speaker has divined that really going on here in this House, not there is a resolution and let us keep this is the greatest show, and we have a one of them. They are ignorant. I the Government operating while nego- seen the shows that the Speaker has never saw such major commentators in tiations are going on in good faith. presented in the past. the media with such major influence in Do Members know what happened? So come one, come all. Come and this country, that do not realize what My colleagues in the majority objected visit the show, because that is all it is. the majority, under NEWT GINGRICH, is to that addition to the resolution. At the end, this whole proposal will not planning to do to this country in order They object to allowing us to bring the hardly get a vote, if one, in this whole to try to force the President and the coalition budget to the floor, to talk Congress. Democrat Members to accept their pri- about what is really a middle-of-the- So what is the purpose? The whole orities and what they believe in. road plan. Let us decide where we are going to purpose? The purpose is they want a They do not believe in compromise. negotiate. If we are going to negotiate show. What it is is all part of a game. The Speaker has said there is no com- in S. 207 with the President, with the It is all part of the game that started promise. Ask any one of them to take leaders of the House and Senate, then not just yesterday, not a week ago, not the tax cuts out of the bill, ask them. let them negotiate and let us stop a month ago. This game started way They will not do it. They could have a bringing each offer to the floor to try back in the spring when the majority balanced budget in 7 years if they just to bash it and say what is wrong with decided that they were not going to take their tax cuts out. That is all that and criticize it. That is not the pass the appropriation bills in time for they have to do. Then we can work through the rest of it. way you conduct negotiations. If you September 30, so the Government conducted negotiations that way out in would run, because they wanted to use Members have seen a budget. We voted on it in this House, the coalition the real world, you would never nego- the shutdown of the Government in tiate with anybody. budget. That was the best budget that order to force the President and the So if in fact we are going to conduct has ever been offered to either one of Democrats to accept their budget. those negotiations, let us let them do Mr. Speaker, one has nothing to do these bodies. Yet the Republican Mem- their work but let us pass the resolu- with the other. Appropriation bills are bers say ‘‘no,’’ they will not take it be- tion to help them. Let us try and find separate bills that should have been cause it does not have that tax cut for ways to come together with real solu- passed, but they did not want to. They the rich. tions instead of just lobbing grenades decided that they could force the Presi- Well, folks that tells you something. back and forth. dent, in order to not shut down the It is a tax cut for the rich that they are I submit to my colleagues that, if we Government. after. could bring the coalition budget to the Mr. Speaker, I say to the President, Mr. MOAKLEY. Mr. Speaker, I yield floor along with all of the other budget ‘‘Mr. President, I want to tell you, and 3 minutes to the gentleman from Utah alternatives, close the doors in this I want to tell this House, you stand [Mr. ORTON]. place and keep everybody in here until firm for your principles. I will stay (Mr. ORTON asked and was given we come to a resolution, we could find with you right to the end.’’ permission to revise and extend his re- agreement. It would be an agreement When is the end? Maybe sometime marks.) that would have bipartisan support, next year when these people finally re- Mr. ORTON. Mr. Speaker, I rise in but that agreement would have to start alize on the other side of the aisle what opposition to this rule and urge my from the middle of this body and move they have done not only to Govern- colleagues to defeat the previous ques- out, not from either opposite pole, and ment employees, but what they have tion so that in fact we could bring the move toward the center. done unmercifully, mean-spirited, radi- coalition budget to the floor of the Mr. SOLOMON. Mr. Speaker, I yield cal, revolution to this country, this House for debate. Obviously the parties myself 15 seconds. great country of ours. do not wish to negotiate in what is sup- I say to my good friend we have had Mr. Speaker, they say they are patri- posed to be taking place in negotia- the coalition budget on the floor. We ots. They are not patriots when they tions between the House and Senate have had the Republican alternative on are willing to shut down Wall Street; leadership and the President. It ap- the floor. The only alternative we can- when they are willing to shut down the pears that they wish to negotiate the not get on the floor is the President’s, bond market. They are not patriots budget here on the floor of the House and that is why we have had to take when they are willing to tell investors by bringing this particular resolution. his proposals, even though it is not a that their money is not worth anything If we are going to do that, then bring budget, put it in the form of a budget, when they get down to the bond mar- the coalition budget to the floor and and bring it to the floor today. H 15122 CONGRESSIONAL RECORD — HOUSE December 19, 1995

Mr. Speaker, I yield 2 minutes to the Mr. WALKER. The gentleman should Mr. MCINNIS. Prior to the distrac- gentleman from Glenwood Springs, CO not be at the desk. tion, we got back to the key issue here, [Mr. MCINNIS], a very distinguished The SPEAKER pro tempore. The and the key issue is we have got to member of the Committee on Rules. Clerk will report the words. reach a balanced budget. That is what Mr. MCINNIS. Mr. Speaker, it is all The Clerk read as follows: the American people expect, and that very, very simple. The President made Yesterday he puts a bunch of children be- is what this Congress should deliver, a deal, and the people of America ex- hind him kind of as props and attacks every- and in a few moments, we are going to pect the President to stick to his deal. body who is expecting him to keep his word. get an opportunity to vote on the pro- Granted, the President does not have It is very simple. Mr. President, keep your posal the President calls a balanced a very good track record. I looked in word to the American people. When you talk budget. to those children, talk to them about scout’s the Wall Street Journal today and they honor, talk to them about the importance of I would venture to say very few Re- have got an ad. Let me repeat what keeping your word. That is what it all comes publicans are going to support that, ex- that ad says. down to. cuse me, very few Democrats are going ‘‘Without a balanced budget, the The SPEAKER pro tempore. In the to support that, because they know, as party is over, no matter which party opinion of the Chair, this is not an im- we know, that his proposal will not you are in. There are moments in his- proper personal reference to the Presi- balance the budget. tory when a single choice can make the dent. Mr. MOAKLEY. Mr. Speaker, I yield difference between vastly differing fu- PARLIAMENTARY INQUIRIES 2 minutes to the gentleman from Cali- tures, one a bright future, the other a Mr. VOLKMER. Mr. Speaker, I have fornia [Mr. MILLER]. dark. We believe that you, the political a parliamentary inquiry. (Mr. MILLER of California asked and leaders of this country, are now con- The SPEAKER pro tempore. The gen- was given permission to revise and ex- fronting such a choice in your delibera- tleman will state his parliamentary in- tend his remarks.) tions over a plan to balance the Fed- quiry. Mr. MILLER of California. Mr. eral budget.’’ Mr. VOLKMER. Were not those words Speaker, the reason we are here talk- It comes back to a balanced budget. just read a direct statement to the ing about a Republican proposal that The President made that promise to President of the United States? Read they want to pretend is the President’s the American people. All of us saw it. them again. That is not, under the budget is because what the Republicans All of us rejoiced because this Presi- rules of the House, permitted. do not want to talk about is their dent said he would agree to a 7-year The SPEAKER pro tempore. That is budget, because this may be the most balanced budget, which surprised all of not a parliamentary inquiry. unpopular budget in the history of this us, because, as you remember, he went Mr. ABERCROMBIE. Mr. Speaker, country because the American people to 5 to 9, 8, but he agreed in writing to parliamentary inquiry. have discovered over the last several a 7-year budget scored by the CBO. Mr. VOLKMER. That was directed months that the Republicans are set on Yesterday he put a bunch of children right at the President. a course which is to devastate the Med- behind him, kind of as props and at- Mr. ABERCROMBIE. Mr. Speaker, icare Program of this Nation, to re- tacks everybody who is expecting him parliamentary inquiry. move that health care protection from to keep his word. Mr. VOLKMER. Not to the Speaker. our seniors, to devastate the Medicaid It is very simple. Mr. President, keep The SPEAKER pro tempore. The and abolish the Medicaid Program that your word to the American people. Member should not directly address the provides health care to poor women When you talk to those children, talk President. and poor children of this Nation, to to them about Scout’s honor, talk to Mr. VOLKMER. They were, too. Read people who have lost their jobs, and them about the importance of keeping them. that devastates the environment of your word. That is what it all comes The SPEAKER pro tempore. While this country by removing the environ- down to. the Chair will remind all Members to mental protections, and it devastates Mr. ABERCROMBIE. Mr. Speaker, address the Speaker, not the President, the education programs of this country the President is being maligned. That the words were not a pejorative ref- by savaging the cuts and the support is against the rules of the House. erence to the President. for education. Mr. Speaker, I demand that those Mr. ABERCROMBIE. Parliamentary This is not the President’s budget. words be taken down. inquiry, Mr. Speaker. But, again, the Republicans would The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- rather talk about this than talk about tleman will suspend. The clerk will re- tleman from Hawaii will state his par- what is in their budget. They do not port the words. liamentary inquiry. want to talk about the fact that they Mr. ABERCROMBIE. Did I under- have not kept the agreement with the b 1308 stand you correctly, just before your President, that the budget that would Mr. ABERCROMBIE. Mr. Speaker, I last sentence, that you did indicate come from that agreement would pro- object to Mr. WALKER’s contention to that the words taken down were not tect Medicare, would protect Medicaid, me. Mr. Speaker, the gentleman from out of order, question No. 1; and, No. 2, would protect education, and would Pennsylvania [Mr. WALKER] just stated question No. 2, did you make an admo- protect the environment. They have on the floor the gentleman has been nition to the body not to make direct not met that test. maligned, so that is equivalent to the references to the President? So what did they do? They shut down President. The SPEAKER pro tempore. The the Government because they do not The SPEAKER pro tempore. The gen- Members are to direct their remarks to want to discuss the fact that they have tleman from Hawaii will suspend. No the Chair, and not to the President, failed the test to protect Medicare and business is in order until the Clerk has and the Chair did not declare that the Medicaid. They have not met that test. reported the words. remarks were otherwise out of order. What are they going to talk about Mr. ABERCROMBIE. If that is the Mr. ABERCROMBIE. A parliamen- today? They have decided they would case, Mr. Speaker, somebody should tary inquiry, Mr. Speaker, is it in order try and talk about the President of the have taken down the words. to direct remarks from this floor to the United States, as opposed to their Mr. MCINNIS. Order in the House, President? budget. Mr. Speaker. The SPEAKER pro tempore. The They should not be let off the hook The SPEAKER pro tempore. The gen- Members have been reminded that it is so cheaply. The fact of the matter is tleman from Hawaii will suspend. proper to direct their remarks to the that not only do the Democrats reject Mr. CUNNINGHAM. Mr. Speaker, Speaker and not to the President. this Republican budget, but over- parliamentary inquiry. The gentleman Mr. ABERCROMBIE. I thank the whelming numbers of the American should not be—— Chair very much. citizenry reject this budget. Why? Be- The SPEAKER pro tempore. The The SPEAKER pro tempore. The cause they know now what it means to House must first deal with the matter Chair recognizes the gentleman from their families. They know what it before it. Colorado [Mr. MCINNIS]. means to the health security of their December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15123 parents and their grandparents. They Our Government is shut down for no spending, then he only has one other know what it means to their family’s good reason. There is no good reason option—to raise taxes. health security should they lose their for us to have our employees out on the To me, this sounds an awful lot like job. streets before Christmas. We cannot the Clinton budget of 1993—the largest It is the Republican budget that dev- bring ourselves to sit down as intel- tax increase in U.S. history—the one astates those programs, and the Repub- ligent men and women and discuss the the President said was a mistake just licans do not want to talk about it. policy differences when we have al- several weeks ago. Mr. MOAKLEY. Mr. Speaker, I yield ready agreed in the end there will be a It appears the President wants to 3 minutes to the gentleman from Texas balanced budget CBO scored, 7 years, raise taxes $487 billion to balance the [Mr. STENHOLM]. that will, in fact, be passed and cer- budget in 7 years. If it is, it’s time you (Mr. STENHOLM asked and was tified. square with the American people and given permission to revise and extend I ask the defeat of the previous ques- admit that you can’t find any more his remarks.) tion, and let us have a productive 3 Government to cut and you’ll have to Mr. STENHOLM. Mr. Speaker, at hours of discussion. raise their taxes, again. first glance today I thought that this Mr. SOLOMON. Mr. Speaker, I yield 2 Mr. Speaker, I urge my colleagues to was not going to be a very helpful exer- minutes to the gentleman from Penn- reject the newest, largest record-break- cise, and with some of the tone, I think sylvania [Mr. CLINGER], one of the most ing tax increase in U.S. history. that was proven right. respected Members of this body, chair- Mr. MOAKLEY. Mr. Speaker, I yield But let us get back to taking a lemon man of the Committee on Government 21⁄2 minutes to the gentleman from and let us try to make some lemonade Reform and Oversight. Texas [Mr. COLEMAN]. out of it. I am on the nonnegotiating Mr. CLINGER. Mr. Speaker, today we (Mr. COLEMAN asked and was given team. We have spent the last 2 weeks have before us Clinton IV—the Presi- permission to revise and extend his re- plus trying to get to the table and dis- dent’s fourth attempt this year to bal- marks.) cuss the policy differences, and we have ance the Federal budget, Unfortu- Mr. COLEMAN. Mr. Speaker, I guess been denied that day after day after nately, despite the rhetoric coming the question a lot of us had when we day. We have been denied the oppor- from the White House, this budget— saw that this was on the calendar, tunity to sit down and talk about the like its three predecessors—never what exactly or from what numbers are honest policy differences. reaches balance we working? I did not get a budget sent So I look at this as an opportunity. I When the President signed the last to my office like I got when the Presi- ask every Member of this body to op- continuing resolution into law 30 days dent first submitted his budget, nor did pose the previous question. Oppose the ago, he gave his word to Congress and I get one when I saw the Republican previous question and let us spend the the American people that he would budget like that. I retrieved from the next 3 hours discussing the coalition work in good faith to balance the budg- desk of the gentleman from New York budget under an open rule in which any et in 7 years using honest CBO num- [Mr. SOLOMON] there a copy. Member of this body on either side of bers. However, since then, the White I was wondering what happened in the House can sit down and talk about House has given very little indication the transportation and related provi- what we like and dislike about the pol- that it truly wants a balanced budget. sions section, as the ranking member icy that has been presented by the coa- The latest White House budget is evi- on that particular subcommittee. I lition. If we defeat this previous ques- dence of the President’s lack of com- wonder if you might be able to give me tion, we can do that, and I say in the mitment to balancing the budget be- some idea about what this balanced spirit of Christmas and fairness, in- cause it once again relies on overly op- budget proposal by the administration stead of spending the next 3 hours de- timistic economic projections to bal- did to the minimum allocation pro- bating a budget which really has never ance the budget. gram. been presented, which will get no The Clinton administration has de- Mr. SOLOMON. Mr. Speaker, will the votes, and that is what it should, let us cided to cook the books and use ac- gentleman yield? spend the next 3 hours dealing with counting gimmicks to give the illusion Mr. COLEMAN. I yield to the gen- policy differences where we have some of a balanced budget. But in reality, tleman from New York. agreement on both sides of the aisle Clinton IV falls $487 billion short of a Mr. SOLOMON. There is a 2-hour and some disagreement. balanced budget, leaving us with a defi- general debate coming up in which the You know, this budget agreement cit or $87 billion in 2002. gentleman from Ohio [Mr. KASICH] has and why we have been unable to nego- Mr. Speaker, we all know there are the entire outline. We would be very tiate has been painful to me because I only two ways to balance the budget. glad to answer your question. The read and re-read the President has We can reduce outlays or increase reve- truth is that document you have there agreed to support a 7-year balanced nues. In laymen’s terms, that means is $87 billion out of balance in the year budget CBO scored. What he has not we can either cut Federal spending or 2002. agreed was to present this final offer in raise taxes. Mr. COLEMAN. No, excuse me. Re- the beginning of the negotiating proc- Assuming the White House is work- claiming my time, the gentleman from ess. ing in good faith, it’s my understand- New York makes that claim. But he is What the President has argued for is ing the President can’t find any more on the Committee on Rules. Should we let us have consultation and negotia- savings in the Federal budget beyond not wait for the gentleman from Ohio tion, and that is something that I sense what is in Clinton IV. [Mr. KASICH] to tell us it is $87 billion because I have talked to enough friends Mr. Speaker, that’s fine with me. I out of whack? I mean, the gentleman on the Republican side of the aisle as take the President at his word that he from Ohio [Mr. KASICH] has all the well as my colleagues on the Demo- can’t cut any more wasteful, unneces- knowledge in this arena, does he not? I cratic side of the aisle that we would sary spending in the Federal Govern- understood that he, reclaiming my love to get to doing. But the rule be- ment’s $1.5 trillion annual budget. time, if the gentleman will permit me, fore us does not allow that. It is not I accept the fact that he can’t find I understood it was the gentleman from helpful, and it is not constructive. It anymore budgetary savings by reduc- Ohio [Mr. KASICH] who knew best what, certainly is not in keeping with the ing the size of Government and making where to go, to look for dollars and ex- Christmas spirit. it more efficient. actly which numbers we should be Let us defeat the previous question. And, I believe him and other White using. My understanding of that is that If we defeat the previous question, we House officials when they say that this we have all agreed CBO, most of us will put the coalition budget on the is the President’s best attempt to bal- have agreed, CBO is the proper place to floor under an open rule, not a closed ance the budget while protecting his look. rule, and we can spend 3 hours of con- priorities. Yet I am not sure that the gentleman structive discussions and see whether However, the fact still remains that from Ohio [Mr. KASICH], who is putting we might not be able to bridge some of the President’s budget never reaches his pencil to this, has an accurate num- the differences before us. balance. And if he can’t cut any more ber at all. Certainly, the Committee on H 15124 CONGRESSIONAL RECORD — HOUSE December 19, 1995 Rules does not. You are taking the operating deficit next year under the Mr. Speaker, this is not rocket word of the gentleman from Ohio [Mr. Republican budget, I say to the gen- science that is going on here; it is kind KASICH] only. Is that correct? tleman from New York [Mr. SOLOMON], of like when you have done something Mr. SOLOMON. If the gentleman will or an $80 billion-something budget defi- that you do not want to talk about and yield further, I am taking the word of cit in 2002 under the President’s budg- you try to change the subject. That is the Committee on the Budget. When et. exactly what my Republican colleagues you look at this document, again it is Let us fix it. We are legislators. It is are trying to do. $87 billion out of whack. a week before Christmas, and people They have got a budget that an over- Mr. COLEMAN. Reclaiming my time, are wondering whether or not they are whelming majority of the American because I am going to run out of time, going to get paid. Veterans are wonder- public does not like, and they do not that is not true either, I say to the gen- ing whether or not they are going to want to talk about their budget. So tleman from New York. You are taking get their checks. they bring something to the floor that the word of the Committee on the Let us act like human beings. Let us has no relevance to what is going on to Budget. This document right here, let act like statesmen. Let us defeat the all, and they try to change the subject. me point out, reclaiming my time, Mr. previous question. Let us bring the co- That is what this debate is all about. It Speaker, looking at this document, it alition budget to the floor under an is a waste of time. says right on the top of it, and this is open rule, and let us pass a budget that Before I came to this body, I used to what is amazing about this waste of the people of the United States want us practice law, and I used to get so frus- time under this rule, that we are all to do and will be proud of us for doing. trated when we had domestic cases and being put upon, ‘‘Prepared by the ma- Mr. SOLOMON. Mr. Speaker, I yield 2 the party with the money would say ‘‘I jority staff of the House Committee on minutes to the gentleman from Mt. am not even going to support my chil- the Budget.’’ That means only the Re- Holly, NJ [Mr. SAXTON], the vice chair- dren while we have got a debate going publican staff prepared this. And that man of our Joint Economic Commit- on, while we have got differences be- is what the reality of all of this is. This tee. tween the wife and the husband.’’ does not mean anything else but that. b 1330 That is exactly what is happening in Members, Members from the major- Mr. SAXTON. Mr. Speaker, I would this body as we speak. We have got ity and the minority were probably not just say to my good friend from Mis- people out of work, the Government even party to this. Certainly not from sissippi, Mr. TAYLOR, who just ex- shut down, our children are starving, the minority, not even the minority plained that Presidents have not tradi- and the parties are saying ‘‘We don’t staff. I think that what you are asking tionally offered balanced budgets, that care about it, because we have got a us to do, I say to the gentleman from is what makes this Republican con- dispute going on.’’ The people with the New York [Mr. SOLOMON] is ridiculous. ference different. We offered and passed money, the majority party, has said we Mr. SOLOMON. Mr. Speaker, I yield a balanced budget. Today we are here will not even give you a continuing res- myself 15 seconds. The gentleman to look at the President’s latest pro- olution to feed the children of America failed to read the next line of the docu- posal. I rise in opposition to it because while this dispute is going on, because ment before. It says, ‘‘Incorporating it will increase the national debt and it we do not like you and we do not like updated Congressional Budget Office fails to provide tax incentives to create your proposals. estimates.’’ That is what is here. The economic growth. Reject this rule and this resolution. gentleman knows that. I believe the President’s real objec- Mr. MOAKLEY. Mr. Speaker, I yield Mr. MOAKLEY. Mr. Speaker, I yield tive is political. But sooner or later, 1 minute to the gentleman from Hawaii 2 minutes to the gentleman from Mis- the American people will realize that [Mr. ABERCROMBIE]. sissippi [Mr. TAYLOR]. the President is not serious about a Mr. ABERCROMBIE. Mr. Speaker, in Mr. TAYLOR of Mississippi. Mr. balanced budget and he is not serious asking that we reject this rule, I want Speaker, I thank the gentleman for about a middle-class tax cut either. to reiterate that the proposition before yielding me this time. Look, economic growth is brought us has been prepared by the majority I, along with the gentleman from about through a good tax policy, and staff. It purports to utilize Congres- Texas [Mr. STENHOLM], urge that we de- that is not a partisan issue. It is bipar- sional Budget Office projections, and feat the previous question, defeat the tisan. Jack Kennedy knew so in 1963 perhaps something of what the Presi- rule, bring the coalition budget to the and he said so, and the Republicans in dent has proposed in one form or an- floor under an open rule. this House know it today as well. other. But I would submit to you, Mr. Folks, we have not had a President Also, the President’s latest budget Speaker, that the real agenda here submit a balanced budget probably in proposals fail to balance the budget. In today is to do the following, in the my lifetime. President Reagan never fact, this proposal will add $1 trillion guise of balancing the budget: To actu- came within $100 billion. President to the national debt. It is important ally undermine and in fact to subvert Bush never came within $200 billion. that the American people know were Medicare and Medicaid and to see to it President Clinton has stayed more or the President is and it is important that a tax giveaway goes to the very less in that league, between $200 billion that he knows where the Congress is. wealthy people in ths country, and ul- and $300 billion. This is nothing new, The excessive level of Federal spend- timately to privatize Social Security. neither Democratic nor Republican. ing is a serious drag on economic That is the real agenda, I believe, be- There are folks out of work. It is a growth, and that is beyond question. hind the whole argument about the week before Christmas. We are 80 days According to a Joint Economic Com- balanced budget, because this balanced behind on our schedule to submit a mittee study, which I will release soon, budget is nothing but an illusion. As budget for next year, this year. Let us for every dollar of projected spending, the gentleman from Mississippi [Mr. cut the nonsense out. the economy is reduced by 38 cents. In TAYLOR] indicated previously, from a I know the President’s budget is a other words, for every $100 billion in copy of a letter I have from the Con- nonstarter. You know it is a projected Federal spending growth, the gressional Budget Office in 1996, the nonstarter. economy will shrink by $38 billion. deficit under the Republican budget So many of you who have come up to The Republican approach would re- proposal is $260 billion. Reject the rule me privately in different places and verse this process and for the first time and the resolution. said let us get the coalition budget on in decades we have an opportunity to Mr. SOLOMON. Mr. Speaker, I yield 2 the floor, if you have some parts of it balance the budget, and it is not minutes to the gentleman from Ten- you think are too high, offer an amend- through this proposal. nessee [Mr. BRYANT], an outstanding ment to cut it. If there are parts you Mr. MOAKLEY. Mr. Speaker, I yield new Member. think are too low, offer an amendment 2 minutes to the gentleman from North Mr. BRYANT of Tennessee. Mr. to increase it. Let us just come to the Carolina [Mr. WATT]. Speaker, I thank the chairman for floor with some ground rules where we Mr. WATT of North Carolina. Mr. yielding me time. have to be at the end of the day, so we Speaker, I thank the gentleman for Mr. Speaker, about 30 days ago the do not end up with a $270 billion annual yielding me this time. President joined with Congress in December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15125 agreeing to balance the budget in 7 on Rules for helping me to understand Delmar, CA, Mr. DUKE CUNNINGHAM, years, using good, real numbers, CBO what we are doing this afternoon. I one of the people I admire most in this numbers, and for the first 3 weeks or so have got a document here that my Re- body, a former fighter pilot. of that 30 days, his team sat on the publican friends say is somebody’s Mr. CUNNINGHAM. Mr. Speaker, ev- bench on their hands and did nothing budget. I do not know what it is. It has erything that both sides are arguing in this. handwritten numbers. I think the about boils down to power. For 40 years In the last few days of this 30 days, American people should really know the Democrats had the power to spend before the Government shutdown, they whether we are serious. They are hand- money out of the Federal Government, came forward with something I written numbers in a document they which improved their chances to get thought was a budget. They said it was tell me is supposed to be the Presi- reelected. They are not handling being a budget, I understood it was a budget, dent’s budget. in the minority very well, and they are but it was not scored by CBO numbers. But I would ask the gentleman from doing everything they can to get the I today understand that my colleagues Massachusetts [Mr. MOAKLEY] if he power and the ability to spend money. on the other side are saying, ‘‘This is would answer a question, because we They do not want a balanced budget, not a budget and we do not want any- need to be about the people’s business. because it limits their ability to get re- thing to do with it, and instead let us As the former chairman of this com- elected. Let me give you two different bring forth the coalition budget.’’ mittee, if the Committee on Rules was ways. One, let us take a look at edu- The coalition budget was brought presenting a real serious intent to bal- cation. Two principles: One is the forth about 2 months ago and was ance the budget, would we put forward power in the Federal Government, the voted on, and the Democrats voted on a budget that no one knows where it other is back to the people. their own budget there. Sixty-eight came from, with no opportunity for Let us look at the President’s direct people voted for it, and 128 of their own input, amendment, or offering of alter- lending program. It cost $1 billion more people rejected that budget. So now natives? Is that something that has than sending it down to the private in- they are trying to distance themselves likely happened to the gentleman’s dustries to do it. $1 billion, and that from the President’s budget and go knowledge during the time of his ten- does not even include what it costs to back to the coalition budget, which ure here. take the money back, because it takes they rejected soundly last October. But Mr. MOAKLEY. Mr. Speaker, will the seven years to find that out. But yet the President’s budget falls short $87 gentlewoman yield? we turn it back to private enterprise billion at the year 2002. Ms. JACKSON-LEE of Texas. I yield and save $1 billion. Now the current position of the to the gentleman from Massachusetts. We increase the amount of money President and his people is ‘‘We don’t Mr. MOAKLEY. Mr. Speaker, this is going to education, but we cut out the think we can do it in 7 years, and we not the President’s budget. It was put Federal bureaucracy, the power ori- don’t want to use CBO numbers.’’ But, together by the Republican majority entation in Washington, DC. We in- know what? The American people that and brought out without the Presi- crease Pell grants to the highest rates. sent me to Washington want us to bal- dent’s knowledge. He has not seen it. We increase student loans by 50 per- ance the budget, they want us to do it OMB has not seen it. If we are going to cent. Yet the other side says you are this year, and they want us to do it put out a bill to really attack the destroying education. What we are de- with good numbers, not cookbook num- budget, we would have had one or two stroying is your ability to disburse bers. or three alternatives. This is not the money down out of the Federal Govern- The results of yesterday’s vote in way to do it. ment this House indicates that most Mem- Ms. JACKSON-LEE of Texas. Mr. Let us look at Goals 2000. We only bers in this House want it done that Speaker, reclaiming my time, I thank get about 23 cents out of every dollar way; 351 people voted to do it with CBO the gentleman for his wisdom and as back into education because of the bu- numbers in 7 years. Only 40 people well his knowledge. reaucracy. Logically, you would want voted against it. I cannot imagine 40 Let me suggest that with a budget to increase education by getting more people voting against it. that has nothing but handwritten num- money down to the people and to edu- Yesterday, the stock market, as a re- bers, no prior notice to this body this cation. Goals 2000 at the Federal level, sult of the lack of confidence in this is not a budget. Let me tell you what absolutely, we killed it out of the Fed- President to balance the budget, fell we are really fighting about, a Repub- eral level. We send the money back to 100 points. lican budget that denies 5 million low the States. They do not have the rules, I simply would say to this Congress income elderly access to Medicare, a the regulations. That 7 percent of the and to those in Washington that Santa Republican budget that denies 1.3 mil- Federal Government education budget Claus no longer drops down from the lion people the Medicaid they need, a requires over 50 percent of the rules Rotunda; that the people that sent me Republican budget that denies 3.8 mil- and regulations, 75 percent of the pa- to Washington last year, in November lion children the Medicaid they need. perwork. It is not effective to do it of 1994, want us to send a message that What we need to do is pass a clean con- that way. But yet you still want the Santa Claus does not live in Washing- tinuing resolution to allow a real de- power, the power to disburse money, so ton anymore, he moved to the North bate on protecting Medicare, Medicaid, you can get reelected, and that is Pole. the environment, and education along wrong, and that is what this whole Mr. MOAKLEY. Mr. Speaker, I yield with a Balanced Budget. fight is about. 2 minutes to the gentlewoman from We have not been sent here to be ob- Mr. MOAKLEY. Mr. Speaker, I yield Texas [Ms. JACKSON-LEE]. structionists to keep the Government’s 30 seconds to the gentleman from (Ms. JACKSON-LEE of Texas asked doors closed, to burden the people Michigan [Mr. DINGELL], the former and was given permission to revise and working in the Government to provide chairman. extend her remarks.) services to the American people. This (Mr. DINGELL asked and was given Mr. COLEMAN. Mr. Speaker, will the is a falsehood. This is a document that permission to revise and extend his re- gentlewoman yield? has handwritten numbers on it. It is marks.) Ms. JACKSON-LEE of Texas. I yield not realistic. Mr. DINGELL. Mr. Speaker, this is a to the gentleman from Texas. Let us pass a clean continuing reso- political exercise. It does not have any- Mr. COLEMAN. Mr. Speaker, I want- lution, open the Government, sit down thing to do with dealing with the budg- ed to be sure, the last speaker in the at the table of negotiation and pass a et or the balancing of the budget. The well had his metaphors wrong. It was budget that the Republicans were sup- proposal has never been read, it has the Easter Bunny that was supposed to posed to pass in April of this year that never been exposed to the light of day. pass down. You all were supposed to balance the budget while protecting My Republican colleagues know as pass the budget back in April. Medicare, Medicaid, education, jobs, much about the Russian budget as they Ms. JACKSON-LEE of Texas. Mr. and the environment. know about what is in this legislation. Speaker, reclaiming my time, I thank Mr. SOLOMON. Mr. Speaker, I yield 2 The bill is not going to be read, this the ranking member of the Committee minutes to the gentleman from bill is not going to be heard in any H 15126 CONGRESSIONAL RECORD — HOUSE December 19, 1995 committee, there is no opportunity to (Mr. MOAKLEY asked and was given ture of a substitute numbered 1 and printed amend. There is not even a motion to permission to revise and extend his re- in the Congressional Record of May 16, 1995. recommit made available under this marks.) General debate shall not exceed three hours, rule. Mr. MOAKLEY. Mr. Speaker, I sub- equally divided and controlled by the pro- mit the following material for the ponent and an opponent thereto. After the Mr. Speaker, this is a sorry charade. RECORD. conclusion of consideration of the concur- Only a scoundrel would say or a fool rent resolution for amendment, the commit- PREVIOUS QUESTION AMENDMENT TO HOUSE would say that this is a fair process, RESOLUTION 309 TO CONSIDER THE COALITION tee shall rise and report the concurrent reso- and only a fool would believe that this BUDGET UNDER AN OPEN RULE lution to the House with such amendments is a fair process. This is a mechanism At the end of the resolution, add the fol- as may have been adopted. The previous simply to get my Republican col- lowing: question shall be considered as ordered on leagues off the hook because they have Upon disposition of House Concurrent Res- the concurrent resolution and amendments closed down the Federal Government. olution 122, the House shall immediately re- thereto to final adoption without interven- solve itself into the Committee of the Whole ing motion. The concurrent resolution shall Mr. MOAKLEY. Mr. Speaker, I yield to consider a concurrent resolution consist- not be subject to a demand for a division of myself such time as I may consume. ing of the text of the amendment in the na- the question of its adoption. FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15127 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min. each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H.Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority. *RULE AMENDED*. H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min.); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min.) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min.), N/A. if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A. the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A. text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A. bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A. grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A. 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min.) If adopted, it is considered as base text; Pre-printing gets priority. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A. committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A. request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation Social Security Earnings Test H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D H. Con. Res. 109 ...... Reform. bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H 15128 CONGRESSIONAL RECORD — HOUSE December 19, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

Amendments Bill No. Title Resolution No. Process used for floor consideration in order

H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A. Walsh amendment as the first order of business (10 min.); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min.); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A. may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min.) on regulatory reform. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open; waives section 302(f) and section 308(a) ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1 hr). H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1 hr). H. Res. 250 ...... House Gift Rule Reform ...... H. Res. 268 Closed; provides for consideration of the bill in the House; 30 min. of debate; makes in 2R order the Burton amendment and the Gingrich en bloc amendment (30 min. each); waives all points of order against the amendments; Gingrich is only in order if Burton fails or is not offered. H.R. 2564 ...... Lobbying Disclosure Act of 1995 ...... H. Res. 269 Open; waives cl. 2(l)(6) of rule XI against the bill’s consideration; waives all points of order N/A. against the Istook and McIntosh amendments. H.R. 2606 ...... Prohibition on Funds for Bosnia Deployment ...... H. Res. 273 Restrictive; waives all points of order against the bill’s consideration; provides one motion N/A. to amend if offered by the Minority Leader or designee (1 hr non-amendable); motion to recommit which may have instructions only if offered by Minority Leader or his designee; if Minority Leader motion is not offered debate time will be extended by 1 hr. H.R. 1788 ...... Amtrak Reform and Privatization Act of 1995 ...... H. Res. 289 Open; waives all points of order against the bill’s consideration; makes in order the Trans- N/A. portation substitute modified by the amend in the report; Bill read by title; waives all points of order against the substitute; makes in order a managers amend as the first order of business, if adopted it is considered base text (10 min.); waives all points of order against the amendment; Pre-printing gets priority. H.R. 1350 ...... Maritime Security Act of 1995 ...... H. Res. 287 Open; makes in order the committee substitute as original text; makes in order a managers N/A. amendment which if adopted is considered as original text (20 min.) unamendable; pre- printing gets priority. H.R. 2621 ...... To Protect Federal Trust Funds ...... H. Res. 293 Closed; provides for the adoption of the Ways & Means amendment printed in the report. 1 N/A. hr of general debate. H.R. 1745 ...... Utah Public Lands Management Act of 1995 ...... H. Res. 303 Open; waives cl 2(l)(6) of rule XI and sections 302(f) and 311(a) of the Budget Act against N/A. the bill’s consideration. Makes in order the Resources substitute as base text and waives cl 7 of rule XVI and sections 302(f) and 308(a) of the Budget Act; makes in order a managers’ amend as the first order of business, if adopted it is considered base text (10 min). H. Res. 304 ...... Providing for Debate and Consideration of Three Measures Relating N/A Closed; makes in order three resolutions; H.R. 2770 (Dornan), H. Res. 302 (Buyer), and H. 1D; 2R to U.S. Troop Deployments in Bosnia. Res. 306 (Gephardt); 1 hour of debate on each. H. Res. 309 ...... Revised Budget Resolution ...... H. Res. 309 Closed; provides 2 hours of general debate in the House ...... N/A. * Contract Bills, 67% restrictive; 33% open. ** All legislation, 56% restrictive; 44% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. MOAKLEY. Mr. Speaker, I urge the most serious problem facing this [Roll No. 867] my colleagues to vote against the pre- country today. That is why we have al- YEAS—230 vious question so that we may bring an ready had the minority’s coalition Allard Cremeans Hastings (WA) alternative rule to the floor. The rule budget on the floor, we have already Archer Cubin Hayes would make in order the coalition Armey Cunningham Hayworth had the Republican majority budget on Bachus Davis Hefley budget proposal under an open rule as the floor, and now we want the Presi- Baker (CA) Deal Heineman well as any other substitute budget dent’s. Let us have a vote on it, up or Baker (LA) DeLay Herger that Members may wish to offer. down. Ballenger Diaz-Balart Hilleary Mr. Speaker, I yield back the balance Barr Dickey Hobson Mr. Speaker, I yield back the balance Barrett (NE) Doolittle Hoekstra of my time. Bartlett Dornan Hoke Mr. SOLOMON. Mr. Speaker, I yield of my time, and I move the previous Barton Dreier Horn myself the balance of my time. question. Bass Duncan Hostettler Bateman Dunn Houghton The SPEAKER pro tempore. The gen- The previous question was ordered. tleman from New York is recognized Bereuter Ehlers Hunter The SPEAKER pro tempore (Mr. Bilbray Ehrlich Hutchinson for 1 minute and 15 seconds. Bilirakis Emerson Hyde BUNN of Oregon). The question is on or- b Bliley English Inglis 1345 dering the previous question. Blute Ensign Istook Mr. SOLOMON. Mr. Speaker, I yield Boehlert Everett Johnson (CT) The question was taken; and the Boehner Ewing Johnson, Sam myself the balance of my time. Bonilla Fawell Jones Why are we here today with the Speaker pro tempore announced that the ayes appeared to have it. Bono Fields (TX) Kasich President’s budget? Let me just read a Brownback Flanagan Kelly quote from today’s newspaper. Mr. MOAKLEY. Mr. Speaker, I object Bryant (TN) Foley Kim Bunn Forbes King White House press secretary Mike McCurry to the vote on the ground a quorum is Bunning Fowler Kingston said Republicans would have to drop their in- not present and make the point of Burr Fox Klug sistence that we produce a 7-year balanced order a quorum is not present. Burton Franks (CT) Knollenberg budget. Buyer Franks (NJ) Kolbe Ladies and gentlemen, that is why we The SPEAKER pro tempore. Evi- Callahan Frelinghuysen LaHood dently, a quorum is not present. Calvert Frisa Largent are here. I just heard Members com- Camp Funderburk Latham plain that the Washington Monument The Sergeant at Arms will notify ab- Campbell Gallegly LaTourette is closed today because the President sent Members. Canady Ganske Laughlin Castle Gekas Lazio vetoed a bill saying that we did not Pursuant to provisions of clause 5, Chabot Gilchrest Leach spend enough on it. He vetoed a bill rule XV, the Chair announces he will Chambliss Gillmor Lewis (CA) Chenoweth Gilman Lewis (KY) yesterday that said we do not spend reduce to a minimum of 5 minutes the enough money on EPA. Christensen Goodlatte Lightfoot period of time within which a vote by Chrysler Goodling Linder How are we going to balance the electronic device, if ordered, will be Coble Goss Livingston budget? Look at this. Last year he Coburn Graham LoBiondo gave us a 5-year projection of his taken on the question of the passage of Collins (GA) Greenwood Longley the resolution. Combest Gunderson Lucas spending budgets totaling another $900 Cooley Gutknecht Manzullo billion added to the deficit. This year The vote was taken by electronic de- Cox Hancock Martini he gave us one adding almost a trillion vice, and there were—yeas 230, nays Crane Hansen McCollum dollars. Ladies and gentlemen, this is 188, not voting 15, as follows: Crapo Hastert McCrery December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15129 McDade Radanovich Stearns Ros-Lehtinen Scarborough Waxman Shuster Tate Watts (OK) McHugh Ramstad Stockman Rush Tejeda Young (AK) Skeen Tauzin Weldon (FL) McInnis Regula Stump Smith (MI) Taylor (NC) Weldon (PA) McIntosh Riggs Talent Smith (NJ) Thomas Weller McKeon Roberts Tate b 1405 Smith (TX) Thornberry White Metcalf Rogers Tauzin Mr. SERRANO changed his vote from Smith (WA) Tiahrt Whitfield Meyers Rohrabacher Taylor (NC) Solomon Torkildsen Wicker Mica Roth Thomas ‘‘yea’’ to ‘‘nay.’’ Souder Upton Wolf Miller (FL) Roukema Thornberry Mr. HAYES and Mr. LEWIS of Cali- Spence Vucanovich Young (FL) Molinari Royce Tiahrt fornia changed their votes from ‘‘nay’’ Stearns Waldholtz Zeliff Moorhead Salmon Torkildsen Stockman Walker Zimmer Morella Sanford Upton to ‘‘yea.’’ Stump Walsh Myers Saxton Vucanovich So the previous question was ordered. Talent Wamp Myrick Schaefer Waldholtz The result of the vote was announced NOES—189 Nethercutt Schiff Walker as above recorded. Neumann Seastrand Walsh Abercrombie Gonzalez Ortiz Ney Sensenbrenner Wamp The SPEAKER pro tempore (Mr. Ackerman Gordon Orton Norwood Shadegg Watts (OK) BUNN of Oregon). The question is the Andrews Green Owens Nussle Shaw Weldon (FL) resolution. Baesler Gutierrez Pallone Oxley Shays Weldon (PA) The question was taken; and the Baldacci Hall (OH) Pastor Packard Shuster Weller Barcia Hall (TX) Payne (NJ) Parker Skeen White Speaker pro tempore announced that Barrett (WI) Hamilton Payne (VA) Paxon Smith (MI) Whitfield the ayes appeared to have it. Becerra Harman Pelosi Petri Smith (NJ) Wicker Beilenson Hastings (FL) Peterson (FL) RECORDED VOTE Pombo Smith (TX) Wolf Bentsen Hefner Peterson (MN) Porter Smith (WA) Young (FL) Mr. MOAKLEY. Mr. Speaker, I de- Bevill Hilliard Pickett Portman Solomon Zeliff mand a recorded vote. Bishop Hinchey Pomeroy Quillen Souder Zimmer A recorded vote was ordered. Bonior Holden Poshard Quinn Spence Borski Hoyer Rahall The vote was taken by electronic de- Boucher Jackson (IL) Rangel NAYS—188 vice, and there were—ayes 229, noes 189, Brewster Jackson-Lee Reed Abercrombie Gibbons Obey not voting 15, as follows: Browder (TX) Richardson Brown (CA) Jacobs Rivers Ackerman Gonzalez Olver [Roll No. 868] Andrews Gordon Ortiz Brown (FL) Jefferson Roemer Baesler Green Orton AYES—229 Brown (OH) Johnson (SD) Rose Bryant (TX) Johnson, E. B. Roybal-Allard Baldacci Gutierrez Owens Allard Ensign Laughlin Cardin Johnston Sabo Barcia Hall (OH) Pallone Archer Everett Lazio Clay Kanjorski Sanders Barrett (WI) Hall (TX) Pastor Armey Ewing Leach Clayton Kennedy (MA) Sawyer Becerra Hamilton Payne (NJ) Bachus Fawell Lewis (CA) Clement Kennedy (RI) Schroeder Beilenson Harman Payne (VA) Baker (CA) Fields (TX) Lewis (KY) Clyburn Kennelly Schumer Bentsen Hastings (FL) Pelosi Baker (LA) Flanagan Lightfoot Coleman Kildee Scott Bevill Hefner Peterson (FL) Ballenger Foley Linder Collins (IL) Kleczka Serrano Bishop Hilliard Peterson (MN) Barr Forbes Livingston Collins (MI) Klink Sisisky Bonior Hinchey Pickett Barrett (NE) Fowler LoBiondo Condit LaFalce Skaggs Borski Holden Pomeroy Bartlett Fox Longley Conyers Levin Skelton Boucher Hoyer Poshard Barton Franks (CT) Lucas Costello Lewis (GA) Slaughter Brewster Jackson (IL) Rahall Bass Franks (NJ) Manzullo Coyne Lincoln Spratt Browder Jackson-Lee Rangel Bateman Frelinghuysen Martini Cramer Lipinski Stark Brown (CA) (TX) Reed Bereuter Frisa McCollum Danner Lofgren Stenholm Brown (FL) Jacobs Richardson Bilbray Funderburk McCrery DeFazio Lowey Stokes Brown (OH) Jefferson Rivers Bilirakis Gallegly McDade DeLauro Luther Studds Bryant (TX) Johnson (SD) Roemer Bliley Ganske McHugh Dellums Maloney Stupak Cardin Johnson, E. B. Rose Blute Gekas McInnis Deutsch Manton Tanner Clay Johnston Roybal-Allard Boehlert Gilchrest McIntosh Dicks Markey Taylor (MS) Clayton Kanjorski Sabo Boehner Gillmor McKeon Dingell Martinez Thompson Clement Kennedy (MA) Sanders Bonilla Gilman Metcalf Dixon Mascara Thornton Clyburn Kennedy (RI) Sawyer Bono Goodlatte Meyers Doggett Matsui Thurman Coleman Kennelly Schroeder Brownback Goodling Mica Dooley McCarthy Torres Collins (IL) Kildee Schumer Bryant (TN) Goss Miller (FL) Doyle McDermott Torricelli Collins (MI) Kleczka Scott Bunn Graham Molinari Durbin McHale Towns Condit Klink Serrano Bunning Greenwood Moorhead Engel McKinney Traficant Conyers LaFalce Sisisky Burr Gunderson Morella Eshoo McNulty Velazquez Costello Levin Skaggs Burton Gutknecht Myers Evans Meehan Vento Coyne Lewis (GA) Skelton Buyer Hancock Myrick Farr Meek Visclosky Cramer Lincoln Slaughter Callahan Hansen Nethercutt Fattah Menendez Volkmer Danner Lipinski Spratt Calvert Hastert Neumann Fazio Miller (CA) Ward DeFazio Lofgren Stark Camp Hastings (WA) Ney Fields (LA) Minge Waters DeLauro Lowey Stenholm Campbell Hayes Norwood Filner Mink Watt (NC) Dellums Luther Stokes Canady Hayworth Nussle Flake Moakley Waxman Deutsch Maloney Studds Castle Hefley Oxley Foglietta Mollohan Williams Dicks Manton Stupak Chabot Heineman Packard Ford Montgomery Wilson Dingell Markey Tanner Chambliss Herger Parker Frank (MA) Moran Wise Dixon Martinez Taylor (MS) Chenoweth Hilleary Paxon Frost Murtha Woolsey Doggett Mascara Thompson Christensen Hobson Petri Furse Nadler Wyden Dooley Matsui Thornton Chrysler Hoekstra Pombo Gejdenson Neal Wynn Doyle McCarthy Thurman Coble Hoke Porter Gephardt Oberstar Yates Durbin McDermott Torres Coburn Horn Portman Geren Obey Engel McHale Torricelli Collins (GA) Hostettler Quillen Gibbons Olver Eshoo McKinney Towns Combest Houghton Quinn Evans McNulty Traficant Cooley Hunter Radanovich NOT VOTING—15 Farr Meehan Velazquez Cox Hutchinson Ramstad Berman Edwards Ros-Lehtinen Fattah Meek Vento Crane Hyde Regula Chapman Kaptur Rush Fazio Menendez Visclosky Crapo Inglis Riggs Clinger Lantos Scarborough Fields (LA) Miller (CA) Volkmer Cremeans Istook Roberts Davis Mfume Tejeda Filner Minge Ward Cubin Johnson (CT) Rogers de la Garza Pryce Young (AK) Flake Mink Waters Cunningham Johnson, Sam Rohrabacher Foglietta Moakley Watt (NC) Deal Jones Roth Ford Mollohan Williams DeLay Kasich Roukema b 1416 Frank (MA) Montgomery Wilson Diaz-Balart Kelly Royce Frost Moran Wise Dickey Kim Salmon The Clerk announced the following Furse Murtha Woolsey Doolittle King Sanford pair: Gejdenson Nadler Wyden Dornan Kingston Saxton On this vote: Gephardt Neal Wynn Dreier Klug Schaefer Geren Oberstar Yates Duncan Knollenberg Schiff Ms. Ros-Lehtinen for, with Mr. Edwards Dunn Kolbe Seastrand against. NOT VOTING—15 Ehlers LaHood Sensenbrenner Mr. WALSH and Mr. EWING changed Berman de la Garza Lantos Ehrlich Largent Shadegg Chapman Edwards Mfume Emerson Latham Shaw their vote from ‘‘no’’ to ‘‘aye.’’ Clinger Kaptur Pryce English LaTourette Shays So the resolution was agreed to. H 15130 CONGRESSIONAL RECORD — HOUSE December 19, 1995 The result of the vote was announced propriate levels of total new budget author- (B) Outlays, $17,000,000,000. as above recorded. ity are as follows: Fiscal year 1999: A motion to reconsider was laid on Fiscal year 1996: $1,282,000,000,000. (A) New budget authority, $15,000,000,000. the table. Fiscal year 1997: $1,334,000,000,000. (B) Outlays, $16,000,000,000. Fiscal year 1998: $1,399,000,000,000. Fiscal year 2000: f Fiscal year 1999: $1,438,000,000,000. (A) New budget authority, $17,000,000,000. PERMISSION TO FILE CON- Fiscal year 2000: $1,493,000,000,000. (B) Outlays, $16,000,000,000. FERENCE REPORT ON H.R. 1655, Fiscal year 2001: $1,539,000,000,000. Fiscal year 2001: Fiscal year 2002: $1,569,000,000,000. (A) New budget authority, $16,000,000,000. INTELLIGENCE AUTHORIZATION (3) BUDGET OUTLAYS.—For purposes of the (B) Outlays, $15,000,000,000. ACT FOR FISCAL YEAR 1996 enforcement of this resolution, the appro- Fiscal year 2002: Mr. COMBEST. Mr. Speaker, I ask priate levels of total budget outlays are as (A) New budget authority, $16,000,000,000. unanimous consent that the managers follows: (B) Outlays, $15,000,000,000. (3) General Science, Space, and Technology on the part of the House may have Fiscal year 1996: $1,268,000,000,000. Fiscal year 1997: $1,334,000,000,000. (250): until midnight tonight to file the con- Fiscal year 1998: $1,378,000,000,000. Fiscal year 1996: ference report on the bill (H.R. 1655) to Fiscal year 1999: $1,426,000,000,000. (A) New budget authority, $17,000,000,000. authorize appropriations for fiscal year Fiscal year 2000: $1,482,000,000,000. (B) Outlays, $17,000,000,000. 1996 for intelligence and intelligence- Fiscal year 2001: $1,525,000,000,000. Fiscal year 1997: related activities of the U.S. Govern- Fiscal year 2002: $1,556,000,000,000. (A) New budget authority, $17,000,000,000. ment, the community management ac- (4) DEFICITS.—For purposes of the enforce- (B) Outlays, $17,000,000,000. count, and the Central Intelligence ment of this resolution, the amounts of the Fiscal year 1998: deficits are as follows: (A) New budget authority, $16,000,000,000. Agency retirement and disability sys- Fiscal year 1996: $229,000,000,000. (B) Outlays, $16,000,000,000. tem, and for other purposes. Fiscal year 1997: $261,000,000,000. Fiscal year 1999: The SPEAKER pro tempore (Mr. Fiscal year 1998: $264,000,000,000. (A) New budget authority, $16,000,000,000. BUNN of Oregon). Is there objection to Fiscal year 1999: $264,000,000,000. (B) Outlays, $16,000,000,000. the request of the gentleman from Fiscal year 2000: $268,000,000,000. Fiscal year 2000: Texas? Fiscal year 2001: $234,000,000,000. (A) New budget authority, $16,000,000,000. There was no objection. Fiscal year 2002: $202,000,000,000. (B) Outlays, $16,000,000,000. (5) PUBLIC DEBT.—The appropriate levels of Fiscal year 2001: f the public debt are as follows: (A) New budget authority, $16,000,000,000. REVISED BUDGET RESOLUTION Fiscal year 1996: $5,149,000,000,000. (B) Outlays, $16,000,000,000. REFLECTING THE PRESIDENT’S Fiscal year 1997: $5,423,000,000,000. Fiscal year 2002: (A) New budget authority, $16,000,000,000. MOST RECENT PROPOSAL Fiscal year 1998: $5,691,000,000,000. Fiscal year 1999: $5,954,000,000,000. (B) Outlays, $16,000,000,000. Mr. KASICH. Mr. Speaker, Pursuant Fiscal year 2000: $6,200,000,000,000. (4) Energy (270): to House Resolution 309, I call up the Fiscal year 2001: $6,474,000,000,000. Fiscal year 1996: concurrent resolution (H. Con. Res. 122) Fiscal year 2002: $6,718,000,000,000. (A) New budget authority, $5,000,000,000. (B) Outlays, $4,000,000,000. setting forth the congressional budget SEC. 3. DEBT INCREASE. Fiscal year 1997: The amounts of the increase in the public for the U.S. Government for the fiscal (A) New budget authority, $4,000,000,000. debt subject to limitation are as follows: years 1996, 1997, 1998, 1999, 2000, 2001, (B) Outlays, $3,000,000,000. Fiscal year 1996: $264,000,000,000. and 2002, and ask for its immediate Fiscal year 1998: Fiscal year 1997: $274,000,000,000. consideration in the House. (A) New budget authority, $4,000,000,000. Fiscal year 1998: $268,000,000,000. (B) Outlays, $3,000,000,000. The Clerk read the title of the con- Fiscal year 1999: $263,000,000,000. Fiscal year 1999: current resolution. Fiscal year 2000: $266,000,000,000. The text of House Concurrent Resolu- (A) New budget authority, $3,000,000,000. Fiscal year 2001: $254,000,000,000. (B) Outlays, $2,000,000,000. tion 122 is as follows: Fiscal year 2002: $244,000,000,000. Fiscal year 2000: H. CON. RES. 122 SEC. 4. MAJOR FUNCTIONAL CATEGORIES. (A) New budget authority, $3,000,000,000. Resolved by the House of Representatives (the The Congress determines and declares that (B) Outlays, $2,000,000,000. Senate concurring), the appropriate levels of new budget author- Fiscal year 2001: SECTION 1. CONCURRENT RESOLUTION ON THE ity, budget outlays, new direct loan obliga- (A) New budget authority, $3,000,000,000. BUDGET FOR FISCAL YEAR 1996. tions, and new primary loan guarantee com- (B) Outlays, $2,000,000,000. That the Congress determines and declares mitments for fiscal years 1996 through 2002 Fiscal year 2002: that the concurrent resolution on the budget for each major functional category are: (A) New budget authority, $3,000,000,000. for fiscal year 1996 is hereby revised and re- (1) National Defense (050): (B) Outlays, $2,000,000,000. placed and the appropriate budgetary levels Fiscal year 1996: (5) Natural Resources and Environment for fiscal years 1997 through 2002 are hereby (A) New budget authority, $257,000,000,000. (300): set forth. (B) Outlays, $261,000,000,000. Fiscal year 1996: SEC. 2. RECOMMENDED LEVELS AND AMOUNTS. Fiscal year 1997: (A) New budget authority, $22,000,000,000. (A) New budget authority, $253,000,000,000. (B) Outlays, $22,000,000,000. The following budgetary levels are appro- (B) Outlays, $256,000,000,000. Fiscal year 1997: priate for the fiscal years 1996, 1997, 1998, Fiscal year 1998: (A) New budget authority, $21,000,000,000. 1999, 2000, 2001, and 2002: (A) New budget authority, $259,000,000,000. (B) Outlays, $22,000,000,000. (1) FEDERAL REVENUES.—For purposes of the enforcement of this resolution: (B) Outlays, $254,000,000,000. Fiscal year 1998: (A) The recommended levels of Federal Fiscal year 1999: (A) New budget authority, $20,000,000,000. revenues are as follows: (A) New budget authority, $266,000,000,000. (B) Outlays, $21,000,000,000. Fiscal year 1996: $1,039,000,000,000. (B) Outlays, $259,000,000,000. Fiscal year 1999: Fiscal year 1997: $1,073,000,000,000. Fiscal year 2000: (A) New budget authority, $20,000,000,000. Fiscal year 1998: $1,114,000,000,000. (A) New budget authority, $276,000,000,000. (B) Outlays, $20,000,000,000. Fiscal year 1999: $1,162,000,000,000. (B) Outlays, $268,000,000,000. Fiscal year 2000: Fiscal year 2000: $1,214,000,000,000. Fiscal year 2001: (A) New budget authority, $19,000,000,000. Fiscal year 2001: $1,291,000,000,000. (A) New budget authority, $286,000,000,000. (B) Outlays, $19,000,000,000. Fiscal year 2002: $1,354,000,000,000. (B) Outlays, $275,000,000,000. Fiscal year 2001: (B) The amounts by which the aggregate Fiscal year 2002: (A) New budget authority, $19,000,000,000. levels of Federal revenues should be changed (A) New budget authority, $286,000,000,000. (B) Outlays, $19,000,000,000. are as follows: (B) Outlays, $280,000,000,000. Fiscal year 2002: Fiscal year 1996: ¥$3,000,000,000. (2) International Affairs (150): (A) New budget authority, $19,000,000,000. Fiscal year 1997: ¥$9,000,000,000. Fiscal year 1996: (B) Outlays, $19,000,000,000. Fiscal year 1998: ¥$9,000,000,000. (A) New budget authority, $19,000,000,000. (6) Agriculture (350): Fiscal year 1999: ¥$11,000,000,000. (B) Outlays, $17,000,000,000. Fiscal year 1996: Fiscal year 2000: ¥$17,000,000,000. Fiscal year 1997: (A) New budget authority, $9,000,000,000. Fiscal year 2001: $3,000,000,000. (A) New budget authority, $17,000,000,000. (B) Outlays, $8,000,000,000. Fiscal year 2002: $3,000,000,000. (B) Outlays, $17,000,000,000. Fiscal year 1997: (2) NEW BUDGET AUTHORITY.—For purposes Fiscal year 1998: (A) New budget authority, $11,000,000,000. of the enforcement of this resolution, the ap- (A) New budget authority, $16,000,000,000. (B) Outlays, $10,000,000,000. December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15131 Fiscal year 1998: (A) New budget authority, $60,000,000,000. (A) New budget authority, $8,000,000,000. (A) New budget authority, $14,000,000,000. (B) Outlays, $59,000,000,000. (B) Outlays, $11,000,000,000. (B) Outlays, $13,000,000,000. Fiscal year 1998: Fiscal year 1998: Fiscal year 1999: (A) New budget authority, $62,000,000,000. (A) New budget authority, $9,000,000,000. (A) New budget authority, $13,000,000,000. (B) Outlays, $60,000,000,000. (B) Outlays, $12,000,000,000. (B) Outlays, $12,000,000,000. Fiscal year 1999: Fiscal year 1999: Fiscal year 2000: (A) New budget authority, $63,000,000,000. (A) New budget authority, $10,000,000,000. (A) New budget authority, $13,000,000,000. (B) Outlays, $62,000,000,000. (B) Outlays, $13,000,000,000. (B) Outlays, $12,000,000,000. Fiscal year 2000: Fiscal year 2000: Fiscal year 2001: (A) New budget authority, $65,000,000,000. (A) New budget authority, $10,000,000,000. (A) New budget authority, $12,000,000,000. (B) Outlays, $64,000,000,000. (B) Outlays, $13,000,000,000. (B) Outlays, $11,000,000,000. Fiscal year 2001: Fiscal year 2001: Fiscal year 2002: (A) New budget authority, $66,000,000,000. (A) New budget authority, $11,000,000,000. (A) New budget authority, $12,000,000,000. (B) Outlays, $64,000,000,000. (B) Outlays, $14,000,000,000. (B) Outlays, $11,000,000,000. Fiscal year 2002: Fiscal year 2002: (7) Commerce and Housing Credit (370): (A) New budget authority, $67,000,000,000. (A) New budget authority, $12,000,000,000. Fiscal year 1996: (B) Outlays, $66,000,000,000. (B) Outlays, $15,000,000,000. (A) New budget authority, $4,000,000,000. (11) Health (550): (15) Veterans Benefits and Services (700): (B) Outlays, ¥$6,000,000,000. Fiscal year 1996: Fiscal year 1996: Fiscal year 1997: (A) New budget authority, $124,000,000,000. (A) New budget authority, $39,000,000,000. (A) New budget authority, $3,000,000,000. (B) Outlays, $123,000,000,000. (B) Outlays, $37,000,000,000. (B) Outlays, ¥$4,000,000,000. Fiscal year 1997: Fiscal year 1997: Fiscal year 1998: (A) New budget authority, $132,000,000,000. (A) New budget authority, $39,000,000,000. (A) New budget authority, $3,000,000,000. (B) Outlays, $132,000,000,000. (B) Outlays, $39,000,000,000. (B) Outlays, ¥$5,000,000,000. Fiscal year 1998: Fiscal year 1998: Fiscal year 1999: (A) New budget authority, $142,000,000,000. (A) New budget authority, $39,000,000,000. (A) New budget authority, $2,000,000,000. (B) Outlays, $142,000,000,000. (B) Outlays, $39,000,000,000. (B) Outlays, ¥$3,000,000,000. Fiscal year 1999: Fiscal year 1999: Fiscal year 2000: (A) New budget authority, $154,000,000,000. (A) New budget authority, $40,000,000,000. (A) New budget authority, $4,000,000,000. (B) Outlays, $153,000,000,000. (B) Outlays, $40,000,000,000. (B) Outlays, $0. Fiscal year 2000: Fiscal year 2000: Fiscal year 2001: (A) New budget authority, $167,000,000,000. (A) New budget authority, $40,000,000,000. (A) New budget authority, $2,000,000,000. (B) Outlays, $166,000,000,000. (B) Outlays, $42,000,000,000. (B) Outlays, ¥$1,000,000,000. Fiscal year 2001: Fiscal year 2001: Fiscal year 2002: (A) New budget authority, $181,000,000,000. (A) New budget authority, $40,000,000,000. (A) New budget authority, $2,000,000,000. (B) Outlays, $181,000,000,000. (B) Outlays, $42,000,000,000. (B) Outlays, ¥$1,000,000,000. Fiscal year 2002: Fiscal year 2002: (8) Transportation (400): (A) New budget authority, $197,000,000,000. (A) New budget authority, $42,000,000,000. Fiscal year 1996: (B) Outlays, $197,000,000,000. (B) Outlays, $43,000,000,000. (A) New budget authority, $37,000,000,000. (12) Medicare (570): (16) Administration of Justice (750): (B) Outlays, $38,000,000,000. Fiscal year 1996: Fiscal year 1996: Fiscal year 1997: (A) New budget authority, $180,000,000,000. (A) New budget authority, $22,000,000,000. (A) New budget authority, $39,000,000,000. (B) Outlays, $178,000,000,000. (B) Outlays, $20,000,000,000. (B) Outlays, $38,000,000,000. Fiscal year 1997: Fiscal year 1997: Fiscal year 1998: (A) New budget authority, $196,000,000,000. (A) New budget authority, $23,000,000,000. (A) New budget authority, $38,000,000,000. (B) Outlays, $195,000,000,000. (B) Outlays, $22,000,000,000. (B) Outlays, $37,000,000,000. Fiscal year 1998: Fiscal year 1998: Fiscal year 1999: (A) New budget authority, $211,000,000,000. (A) New budget authority, $24,000,000,000. (A) New budget authority, $35,000,000,000. (B) Outlays, $209,000,000,000. (B) Outlays, $23,000,000,000. (B) Outlays, $38,000,000,000. Fiscal year 1999: Fiscal year 1999: Fiscal year 2000: (A) New budget authority, $226,000,000,000. (A) New budget authority, $25,000,000,000. (A) New budget authority, $34,000,000,000. (B) Outlays, $224,000,000,000. (B) Outlays, $24,000,000,000. (B) Outlays, $36,000,000,000. Fiscal year 2000: Fiscal year 2000: Fiscal year 2001: (A) New budget authority, $240,000,000,000. (A) New budget authority, $25,000,000,000. (A) New budget authority, $34,000,000,000. (B) Outlays, $238,000,000,000. (B) Outlays, $25,000,000,000. (B) Outlays, $36,000,000,000. Fiscal year 2001: Fiscal year 2001: Fiscal year 2002: (A) New budget authority, $258,000,000,000. (A) New budget authority, $24,000,000,000. (A) New budget authority, $34,000,000,000. (B) Outlays, $256,000,000,000. (B) Outlays, $25,000,000,000. (B) Outlays, $35,000,000,000. Fiscal year 2002: Fiscal year 2002: (9) Community and Regional Development (A) New budget authority, $277,000,000,000. (A) New budget authority, $22,000,000,000. (450): (B) Outlays, $275,000,000,000. (B) Outlays, $23,000,000,000. Fiscal year 1996: (13) Income Security (600): (17) General Government (800): (A) New budget authority, $10,000,000,000. Fiscal year 1996: Fiscal year 1996: (B) Outlays, $10,000,000,000. (A) New budget authority, $216,000,000,000. (A) New budget authority, $14,000,000,000. Fiscal year 1997: (B) Outlays, $219,000,000,000. (B) Outlays, $14,000,000,000. (A) New budget authority, $9,000,000,000. Fiscal year 1997: Fiscal year 1997: (B) Outlays, $10,000,000,000. (A) New budget authority, $233,000,000,000. (A) New budget authority, $15,000,000,000. Fiscal year 1998: (B) Outlays, $237,000,000,000. (B) Outlays, $16,000,000,000. (A) New budget authority, $9,000,000,000. Fiscal year 1998: Fiscal year 1998: (B) Outlays, $9,000,000,000. (A) New budget authority, $252,000,000,000. (A) New budget authority, $15,000,000,000. Fiscal year 1999: (B) Outlays, $246,000,000,000. (B) Outlays, $16,000,000,000. (A) New budget authority, $8,000,000,000. Fiscal year 1999: Fiscal year 1999: (B) Outlays, $8,000,000,000. (A) New budget authority, $257,000,000,000. (A) New budget authority, $15,000,000,000. Fiscal year 2000: (B) Outlays, $257,000,000,000. (B) Outlays, $15,000,000,000. (A) New budget authority, $8,000,000,000. Fiscal year 2000: Fiscal year 2000: (B) Outlays, $8,000,000,000. (A) New budget authority, $267,000,000,000. (A) New budget authority, $15,000,000,000. Fiscal year 2001: (B) Outlays, $268,000,000,000. (B) Outlays, $15,000,000,000. (A) New budget authority, $8,000,000,000. Fiscal year 2001: Fiscal year 2001: (B) Outlays, $8,000,000,000. (A) New budget authority, $276,000,000,000. (A) New budget authority, $15,000,000,000. Fiscal year 2002: (B) Outlays, $275,000,000,000. (B) Outlays, $15,000,000,000. (A) New budget authority, $8,000,000,000. Fiscal year 2002: Fiscal year 2002: (B) Outlays, $8,000,000,000. (A) New budget authority, $286,000,000,000. (A) New budget authority, $16,000,000,000. (10) Education, Training, Employment, and (B) Outlays, $283,000,000,000. (B) Outlays, $15,000,000,000. Social Services (500): (14) Social Security (650): (18) Net Interest (900): Fiscal year 1996: Fiscal year 1996: Fiscal year 1996: (A) New budget authority, $59,000,000,000. (A) New budget authority, $6,000,000,000. (A) New budget authority, $279,000,000,000. (B) Outlays, $55,000,000,000. (B) Outlays, $9,000,000,000. (B) Outlays, $279,000,000,000. Fiscal year 1997: Fiscal year 1997: Fiscal year 1997: H 15132 CONGRESSIONAL RECORD — HOUSE December 19, 1995

(A) New budget authority, $291,000,000,000. gan [Mr. HOEKSTRA], a member of the and then finding budget solutions, not (B) Outlays, $291,000,000,000. Committee on the Budget. just budget soundbites. Fiscal year 1998: Mr. HOEKSTRA. Mr. Speaker, I This vote does nothing to end the Re- (A) New budget authority, $302,000,000,000. thank the gentleman from Ohio for publicans’ Government shutdown, (B) Outlays, $302,000,000,000. Fiscal year 1999: yielding time to me. which has denied millions of Ameri- (A) New budget authority, $309,000,000,000. Twenty-eight days ago, this Congress cans the services they depend on—the (B) Outlays, $309,000,000,000. reached an historic agreement with the services they pay for. Fiscal year 2000: President, really a contract, submit a This vote does nothing to balance the (A) New budget authority, $316,000,000,000. plan to balance the budget, a plan that budget in 7 years—or in any number of (B) Outlays, $316,000,000,000. would balance the budget within 7 years. Fiscal year 2001: years, a plan that would balance the In fact, this vote amounts to little (A) New budget authority, $320,000,000,000. (B) Outlays, $320,000,000,000. budget using Congressional Budget Of- more than a posture and a press re- Fiscal year 2002: fice numbers. lease—a cynical attempt to play poli- (A) New budget authority, $325,000,000,000. Over the next 2 hours, you will hear tics instead of rolling up our sleeves (B) Outlays, $325,000,000,000. a lot of debate and discussion on the and getting down to work. (19) Allowances (920): President’s plan. We will then have a Well, let me say this: Fiscal year 1996: referendum. We will have a vote on the America doesn’t want deep Medicare (A) New budget authority, ¥$5,000,000,000. President’s best effort to balance the cuts that will double seniors’ premiums (B) Outlays, ¥$5,000,000,000. budget, an effort which disappointingly and force them to give up their doc- Fiscal year 1997: tors—all to give wealthy investors an- (A) New budget authority, ¥$6,000,000,000. still has at least a $75 billion deficit in (B) Outlays, ¥$6,000,000,000. the year 2002. other tax windfall. Fiscal year 1998: The President’s plan does not reach America doesn’t want to slash child (A) New budget authority, ¥$5,000,000,000. balance. We will have to decide as a health, child nutrition, and school (B) Outlays, ¥$5,000,000,000. Congress whether this plan is good lunches to stuff the stockings of the Fiscal year 1999: enough, whether this plan is good most affluent Americans. (A) New budget authority, ¥$6,000,000,000. enough for this Congress at this time. You never told them that was your (B) Outlays, ¥$6,000,000,000. agenda when they voted for you in last Fiscal year 2000: But more importantly, we will have to (A) New budget authority, ¥$3,000,000,000. decide whether this plan is a plan that November’s elections. In fact, when (B) Outlays, ¥$3,000,000,000. is good enough for our kids. Is it good they find out what’s really going on, Fiscal year 2001: enough for the next generation? hard-working families are overwhelm- (A) New budget authority, ¥$7,000,000,000. I do not think this plan meets that ingly opposed to the Republican agen- (B) Outlays, ¥$7,000,000,000. test. This House can do better. This da. Fiscal year 2002: House must do better. We must do sig- And I hate to be the one to tell you (A) New budget authority, ¥$23,000,000,000. nificantly better than the President’s this, but nowhere in the United States (B) Outlays, ¥$23,000,000,000. (20) Undistributed Offsetting Receipts (950): plan. Constitution does it say that the Con- Fiscal year 1996: I think over the last 28 to 30 days it gress gets to shut down the Govern- (A) New budget authority, ¥$32,000,000,000. has become increasingly clear that, as ment if it does not like the President’s (B) Outlays, ¥$32,000,000,000. we wage this historic battle, this House veto, and doesn’t feel like compromis- Fiscal year 1997: of Representatives must take the lead ing even 1 inch. (A) New budget authority, ¥$31,000,000,000. in restoring fiscal sanity to this coun- You see, that seems to be the Speak- (B) Outlays, ¥$31,000,000,000. try. This is an historic battle. This er’s belief. He said in yesterday’s Wall Fiscal year 1998: House has to lead this effort. The vote Street Journal, and I quote, he ‘‘had to (A) New budget authority, $31,000,000,000. ¥ find a trump to match—the President’s (B) Outlays, ¥$31,000,000,000. will happen in 2 hours. Vote no on the Fiscal year 1999: President’s plan, and let us continue veto.’’ So while the Republicans are (A) New budget authority, ¥$33,000,000,000. working on a real plan that reaches busy rewriting the Constitution and in- (B) Outlays, ¥$33,000,000,000. balance. venting partisan card games—children, Fiscal year 2000: Mr. SABO. Mr. Speaker, I yield 3 seniors, and whole families are falling (A) New budget authority, ¥$39,000,000,000. minutes to the distinguished gen- on the chopping block. (B) Outlays, ¥$39,000,000,000. tleman from Missouri [Mr. GEPHARDT], You see, almost 1 month ago, the Re- Fiscal year 2001: the minority leader. publicans in this House made a pledge (A) New budget authority, $41,000,000,000. ¥ (Mr. GEPHARDT asked and was to protect Medicare, Medicaid, edu- (B) Outlays, ¥$41,000,000,000. Fiscal year 2002: given permission to revise and extend cation, and the environment. Since (A) New budget authority, ¥$48,000,000,000. his remarks.) then, they have failed that test—every (B) Outlays, ¥$48,000,000,000. Mr. GEPHARDT. Mr. Speaker, I rise day and in every way. SEC. 5. RECONCILIATION INSTRUCTIONS. today in deep disappointment with the So let us stop trying to change the Upon the adoption of this resolution, the Republican Members of this House. subject. Let us stop these hollow politi- chairman of the Committee on the Budget of It’s bad enough that they are pushing cal gestures. the House of Representatives and the chair- a budget plan that slices deeply into Let us start to work together, across man of the Committee on the Budget of the Medicare and Medicaid to shower tax party lines—not just to play account- Senate, after consultation with the ranking breaks on the wealthiest Americans. ant, and balance the budget at any cost minority member of such committee, shall It’s bad enough that they won’t ac- and in any way—— each file reconciliation directives in the Con- gressional Record to effectuate the provi- cept the President’s constitutional ob- But to balance the budget in a way sions and requirements of this resolution. ligation to veto their extremist budg- that also balances our priorities. For all purposes of the Congressional Budget et—and actually shut down the Gov- Frankly, if the Republicans can not Act of 1974, those reconciliation directives ernment twice to try to keep it on the do that—if it’s more important to them shall be deemed to be reconciliation direc- table. to stall and showboat—then it’s not tives set forth in this revised concurrent res- Now the Republicans want to waste 3 Republicans or Democrats who lose— olution on the budget for fiscal year 1996. hours of the precious time in which we it’s all of America. The SPEAKER pro tempore (Mr. EM- should be negotiating, by forcing a Mr. KASICH. Mr. Speaker, I yield 1 ERSON). Pursuant to House Resolution vote on a phony budget which even the minute to the very distinguished gen- 309, the gentleman from Ohio [Mr. KA- Republicans admit is a sham. tleman from Ohio [Mr. HOKE]. SICH] and the gentleman from Min- I suppose the Republican leadership Mr. HOKE. Mr. Speaker, I thank the nesota [Mr. SABO] each will be recog- thinks this is good politics. But let’s chairman for yielding time to me. nized for 1 hour. face it: It’s lousy Government. Mr. Speaker, the previous gentleman, The Chair recognizes the gentleman This pointless, vote has absolutely the minority leader, as well as the from Ohio [Mr. KASICH]. nothing to do with the real work of other gentleman from Missouri sug- Mr. KASICH. Mr. Speaker, I yield 2 this Congress: reopening the Govern- gested that this is a show, this vote is minutes to the gentleman from Michi- ment with no threats or conditions; a show. The problem is not that this December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15133 vote is a show. The problem is that the stance and dollars that involve the fun- if we did no change. But then at the President has been a no-show. The damental future of this country rather end of the year 4 it falls off the table. President made an agreement 29 days than engaging in gamemanship. I compare it to our coalition budget. ago that he would in good faith nego- To my friends on the Republican First 3 to 4 years, about the same; year tiate a balanced budget based on hon- side, Mr. Speaker, let me just say, 2002, miraculously theirs costs $2 bil- est numbers by the year 2002. But the Please watch your rhetoric as it relates lion less. President has been a complete no-show. to certain things. I hear all this de- Unrealistic assumptions about what So I applaud our chairman, the gen- scription of honest numbers, real num- States with any great flexibility can tleman from Ohio [Mr. KASICH], who bers. I don’t know what they are, CBO do. I suspect a little politics. All of has rendered into reality the ideas that doesn’t know that they are. I would these Governors are going to get all the President has talked about and has just remind my friends that from mid- their money to play with with no guar- forced the President into a budget summer to a couple of weeks ago those antee they provide health care to any- which actually shows what he would so-called and honest numbers changed one. I think they will all either be re- have. If the President does not like it, by $135 billion. They were called real elected to their second term in office if the Democrats do not like it, then and honest in mid-summer; $135 billion or they will all be out of office before let them say where they do not like it later they are still real; and honest. the real cuts occur that are going to and correct it, and let the President The reality is we are looking to the force them either to take people off the come to the table and negotiate with future, we are trying to look longer in health rolls or they increase their the only, the sole precondition that we to the future than we have ever looked State and local taxes, and they do that have a balanced budget in 7 years with before in a budget. We are looking 7 throughout their budget. honest numbers. years rather than 5 years. We have So to the President I say, Be cau- trouble looking 5 years into the future. b 1430 tious on your revenue estimates. To We make guesses based on certain as- the Republican majority I say, Be real Mr. SABO. Mr. Speaker, I yield my- sumptions, and we should have a little in the way you structure the long-term self such time as I may consume. humility. funding of programs. Then may be we (Mr. SABO asked and was given per- I happen not to disagree with my col- can succeed in the end. mission to revise and extend his re- league’s conclusion that we should use But I have to tell my colleagues if I marks.) in the fundamental differences over really want to balance the budget, have Mr. COLEMAN. Mr. Speaker, will the CBO revenue numbers, where there is a lower interest rates, which I think will gentleman yield for a question? $57 billion difference in 2002, but I do happen, it is possible, but we are going Mr. SABO. I yield to the gentleman not describe them as honest or unreal, to have to get pragmatic, we are going from Texas. but if we are going to seriously try and to have to depolarize things, and we Mr. COLEMAN. Mr. Speaker, we were balance the budget and hope that it are going to have to fundamentally just told by the gentleman in the well, may actually work, we should use cau- conclude that borrowing lots of extra the gentleman from Ohio [Mr. HOKE]; tious numbers. That is what they are, money to pay for a tax cut to start on he said to us that, if we did not like it, the more cautious numbers, not the the path to a balanced budget does not we could change it. I suppose he means real numbers as if somebody else is make much common sense. change it here on the floor. using unreal or honest versus dishon- Mr. HEFNER. Mr. Speaker, will the Let me ask the gentleman this ques- est. That is not the case. There are le- gentleman yield? tion: gitimate, very small differences in eco- Mr. SABO. I yield to the gentleman Was there a committee hearing on nomic assumptions than when you from North Carolina. this proposal that we are to vote on project over 7 years become substan- Mr. HEFNER. Mr. Speaker, I just today? tial. If we were projecting 5 years, want to ask one question I have asked Mr. SABO. No. those differences would not be that several times. I was hoping the gen- Mr. COLEMAN. Mr. Speaker, how in great. tleman from Ohio [Mr. KASICH] would the world, the question then is how in As a matter of fact, over the first 3 be here because I trust him to be a hon- the world, are we supposed to change years amazingly the revenue number orable man in, certainly, our friendship it? By the way, it is a closed rule that between OMB and CBO differs by a over the years, and I have asked this the Republicans just passed, does not grant total of $1 billion. But just as in question time and time again. People allow us to offer any amendments, so the hope that what we do this year have come to this well and talked we cannot say how we would change it may actually work, I want to use cau- about how there is no cuts in Medicare, other than by giving up and trying to tious numbers. I also want to make and we have talked about how the cuts get a second or two and make a speech. sure that we structure a program on in Medicare will affect senior citizens, Mr. Speaker, the gentleman and I the spending side that may actually and I happen to be a senior citizen. We know this is a political sham it is hol- work rather than putting together talked about how they are going to use low, as the minority leader said, and it crazy scenarios where the odds of suc- the tax cuts from Medicare for a tax is not deserving of the attention of this cess are very little. That relates in cut. I would ask the gentleman: House, nor is it deserving of the votes part to how we structure a tax cut. If CBO does not score the $270 billion of the Members who represent con- Mr. Speaker, I look at their tax num- in reductions, or cuts, or whatever the stituents across this country, and I, for bers, I disagree with them on the sub- gentleman wants to call it, in Medi- one, do not intend to vote for what is stance of capital gains tax cut for the care, unless they score them, we can- now being called a majority staff re- most affluent in this country, but, if not have the $240 billion tax cut; is port, and that is all it is on the Com- we are going to do it, do honestly. that right? mittee on the Budget, the staff puts I look at their numbers, and it costs Mr. SABO. Mr. Speaker, we have got some notes together, and I am not $9 billion in 2001, and then it gains to score enough cuts in Medicare and going to vote for or against it. It is not money in 2002. Where did the money other programs to provide for a $242 worthy of my time. go? Then it is back up to $9 billion in billion tax cut over 7 years, and the Mr. SABO. Mr. Speaker, I reclaim my 2003. How amazingly it goes like this, Medicare cut was 270, now it is 230- time. dips in the year they are in balance, something. Mr. Speaker and Members, I think it and goes up the year afterwards. Same Mr. HEFNER. But we have to have it is sort of a sad day. We have important as using the most optimistic revenue scored by CBO. work to do in this Congress. We should assumptions. Mr. SABO. Absolutely. be passing a continuing resolution to I look at their Medicaid Program. My Mr. HEFNER. So if it is scored to have the Government operating. Then State; I trust that better than the pro- make room for a tax cut, it is a cut in people who have very large and fun- jections I get from various experts Medicare to make room for a tax cut, damental disagreements should be at around here. Lo and behold, I discover it is a cut in Medicare to make room the table negotiating differences. We that they expect in the first 2 years for a tax cut. If it walks like a duck, it should be there negotiating over sub- they are going to get more money than quacks like a duck, in all probability it H 15134 CONGRESSIONAL RECORD — HOUSE December 19, 1995 is a tax cut, and they are going to use And if my colleagues do not believe Our plan balances the budget in 7 Medicare to pay for it, and make no me, look what happened yesterday on years under CBO scoring, it reduces the mistake about it, and it is not scare the stock market. deficit faster and deeper than the Re- tactics. It is telling the senior citizens Second, this budget will not come publican plan, and it provides greater the truth, and that is what scares close to receiving a majority vote in resources to programs vital to working them. this House, and that opposition will be Americans. Mr. SABO. The gentleman from bipartisan. Members on both sides real- But let me use my time to focus for North Carolina has good judgment. ize that the President’s budget is a a moment just on Medicare. Mr. HOBSON. Mr. Speaker, I yield 2 loser. The Coalition has developed a Medi- minutes to the gentleman from Texas My question to the President is this: care reform plan that meets the de- [Mr. DELAY]. If you knew it was wildly unpopular, mand of the American people for fair- Mr. DELAY. Mr. Speaker, I rise in op- why did you put it on the table? ness, and efficiency and reform. It position to this sad alternative to a And that is the real reason why we assures the solvency of Medicare real balanced budget. are voting on this alternative. We have through the year 2014. It asks all par- The President agreed almost a month not been able to engage the President ticipants in Medicare to share in pro- ago to balance the budget using honest in honest discussions, so we are forced tecting the program’s future. It numbers. Instead, he has offered us this to show the American people where the achieves private-sector innovations, in- budget, unbalanced and discredited. administration has failed. And it has cluding provider sponsored networks This budget alternative has been dis- failed miserably. and private-sector managed care. It credited for two simple reasons. It does So, I urge my colleagues on both provides expanded coverage for preven- not balance. It will not get any support sides of the aisle to send the President tive care. It avoids the deep cuts that from an overwhelming bipartisan ma- another message: threaten the future of rural hospitals jority of this House. Get serious on a real balanced budg- in my district and other rural areas. First, the budget does not balance. it et. Keep your promise, keep your word, Our bill provides $100 billion more for does not even come close to balancing. and work with the Congress to save Medicaid than does the Republican Even with a parade of smoke and mir- America’s future. Conference plan, and by doing so it in- rors that would make Houdini blush, Balance the budget now. sures health care coverage for our most the President’s budget still remains $87 Mr. SABO. Mr. Speaker, I yield 2 vulnerable citizens and for our rural billion short of balance. minutes to the gentleman from Vir- communities. This is why an increas- Why is reaching balance so impor- ginia [Mr. PAYNE]. ing number of health providers are lin- tant? Because if we do not reach bal- Mr. PAYNE of Virginia. Mr. Speaker, ing up behind the coalition’s Medicare ance, we cannot get the balanced budg- sometimes the answers to our problems reforms. et dividend. are so obvious that we miss them en- Just last Thursday, the American The President wants his cake, and tirely, and that is exactly what is hap- Hospital Association issued a state- wants to eat it too. That may work in pening right now in this debate. ment which said it is time for a bipar- the White House, but it does not work With the budget developed by the tisan solution on the budget and on in the real world. Democratic coalition, we can break Medicare and Medicaid, and the coali- To get interest rates down, to give this impasse right now. We can give tion plan is a good framework. More middle-class families a break on car the American people the best Christ- than a dozen other leading organiza- loans, on mortgage rates, on school mas present ever: A budget that is bal- tions have joined the AHA in praising loans, we need a balanced budget. anced fairly and equitably. our budget’s health care provisions.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

LEAVE OF ABSENCE Mr. MILLER of California, for 5 min- SENATE JOINT RESOLUTION By unanimous consent, leave of ab- utes, today. REFERRED sence was granted to: Mrs. CLAYTON, for 5 minutes, today. A joint resolution of the Senate of Mr. SCARBOROUGH (at the request of Ms. JACKSON-LEE of Texas, for 5 min- the following title was taken from the Mr. ARMEY) for today, on account of utes, today. Speaker’s table and, under the rule, re- family matters. Mr. POSHARD, for 5 minutes, today. ferred as follows: (The following Members (at the re- Ms. ROS-LEHTINEN (at the request of S.J. Res. 38. Joint resolution granting the quest of Mrs. MORELLA) to revise and Mr. ARMEY) for today, on account of a consent of Congress to the Vermont-New death in the family. extend their remarks and include ex- Hampshire Interstate Public Water Supply traneous material:) Mr. YATES of Florida (at the request Compact; to the Committee on the Judici- Mrs. MORELLA, for 5 minutes, today. of Mr. GEPHARDT) after 3 p.m. today, on ary. Mr. DICKEY, for 5 minutes, on Decem- account of personal business. f ber 21. Mr. EDWARDS (at the request of Mr. Mr. RIGGS, for 5 minutes, today. GEPHARDT) for today on account of the ENROLLED BILLS SIGNED birth of his son. Mr. SHADEGG, for 5 minutes, today. Mr. DIAZ-BALART, for 5 minutes each Mr. THOMAS, from the Committee f day, today and on December 20. on House Oversight, reported that that Mr. LEWIS of Kentucky, for 5 min- committee had examined and found SPECIAL ORDERS GRANTED utes, today. truly enrolled bills of the House of the By unanimous consent, permission to Mr. DUNCAN, for 5 minutes, today. following titles, which were thereupon address the House, following the legis- Mr. SMITH of Michigan, for 5 minutes signed by the Speaker: lative program and any special orders each day, today and on December 20. H.R. 395. An act to designate the United heretofore entered, was granted to: Mr. MICA, for 5 minutes, today. States courthouse and Federal building to be constructed at the southeastern corner of (The following Members (at the re- Mr. SAXTON, for 5 minutes, today. Liberty and South Virginia Streets in Reno, quest of Mr. MILLER of California) to Mr. GOODLATTE, for 5 minutes, today Nevada, as the ‘‘Bruce R. Thompson United revise and extend their remarks and in- Mr. HORN, for 5 minutes, today. States Courthouse and Federal Building.’’ clude extraneous material:) Mr. MCINNIS, for 5 minutes, on De- H.R. 660. An act to amend the Fair Housing Mr. OLIVER, for 5 minutes, today. cember 20. Act to modify the exemption from certain December 19, 1995 CONGRESSIONAL RECORD — HOUSE H 15135 familial status discrimination prohibitions suant to 5 U.S.C. 552b(j); to the Committee ‘‘Howard H. Baker, Jr. United States Court- granted to housing for older persons. on Government Reform and Oversight. house’’ (Rept. 104–417). Referred to the House f 1853. A letter from the Director, Office of Calendar. Management and Budget, transmitting Mr. SHUSTER: Committee on Transpor- SENATE ENROLLED BILLS SIGNED OMB’s estimate of the amount of discre- tation and Infrastructure. H.R. 2556. A bill to tionary new budget authority and outlays redesignate the Federal building located at The SPEAKER announced his signa- for the current year, if any, and the budget 345 Middlefield Road in Menlo Park, CA, and ture to enrolled bills of the Senate of year provided by House Joint Resolution 122 known as the Earth Sciences and Library the following titles: and H.R. 2126, pursuant to Public Law 101– Building, as the ‘‘Vincent E. McKelvey Fed- S. 369. An act to designate the Federal 508, section 13101(a) (104 Stat. 1388–578); to the eral Building’’ (Rept. 104–418). Referred to Courthouse in Decatur, Alabama, as the Committee on Government Reform and the House Calendar. Mr. SHUSTER: Committee on Transpor- ‘‘Seybourn H. Lynne Federal Courthouse,’’ Oversight. tation and Infrastructure. S. 369. An act to and for other purposes. 1854. A letter from the Commissioner of So- redesignate the Federal Courthouse in S. 965. An act to designate the United cial Security, Social Security Administra- Decautur, AL, as the ‘‘Seybourn H. Lynne States Courthouse for the Eastern District of tion, transmitting the semiannual report on activities of the inspector general for the pe- Federal Courthouse’’, and for other purposes Virginia in Alexandria, Virginia, as the ‘‘Al- (Rept. 104–419). Referred to the House Cal- bert V. Bryan United States Courthouse.’’ riod April 1, 1995, through September 30, 1995, pursuant to 5 U.S.C. app. (Insp. Gen. Act) endar. S. 1465. An act to extend au pair programs. Mr. SHUSTER: Committee on Transpor- section 5(b); to the Committee on Govern- f tation and Infrastructure. S. 965. An act to ment Reform and Oversight. redesignate the U.S. Courthouse for the BILL PRESENTED TO THE f Eastern District of Virginia in Alexandria, PRESIDENT REPORTS OF COMMITTEES ON VA, as the ‘‘Albert V. Bryan United States Mr. THOMAS, from the Committee Courthouse’’ (Rept. 104–420). Referred to the PUBLIC BILLS AND RESOLUTIONS House Calendar. on House Oversight reported that that Under clause 2 of rule XIII, reports of [Submitted December 19, 1995] committee did on this day present to committees were delivered to the Clerk Mr. QUILLEN: Committee on Rules. House the President, for his approval, a bill of for printing and reference to the proper Resolution 312. Resolution waiving points of the House of the following title: calendar, as follows: order against the conference report to ac- H.R. 660. An act to amend the Fair Housing company the bill (H.R. 2539) to abolish the Act to modify the exemption from certain [Omitted from the Record of December 18, 1995] Interstate Commerce Commission, to amend familial status discrimination prohibitions Mr. SHUSTER: Committee on Transpor- subtitle IV of title 49, United States Code, to granted to housing for older persons. tation and Infrastructure. H.R. 2689. A bill to reform economic regulation of transpor- f designate the U.S. Courthouse located at 301 tation, and for other purposes (Rept. 104–425). West Main Street in Benton, IL, as the Referred to the House Calendar. ADJOURNMENT ‘‘James L. Foreman United States Court- Mr. MCINNIS: Committee on Rules. House house’’ (Rept. 104–410). Referred to the House Resolution 313. Resolution providing for con- Mr. WELDON. Mr. Speaker, I move Calendar. sideration of the bill (H.R. 558) to grant the that the House do now adjourn. Mr. SHUSTER: Committee on Transpor- consent of the Congress to the Texas Low- The motion was agreed to; accord- tation and Infrastructure. H.R. 2111. A bill to Level Radioactive Waste Disposal Compact ingly (at 10 o’clock and 45 minutes designate the Social Security Administra- (Rept. 104–426). Referred to the House Cal- p.m.), the House adjourned until to- tion’s Western Program Service Center lo- endar. morrow, Wednesday, December 20, 1995, cated at 1221 Nevin Avenue, Richmond, CA, f at 10 a.m. as the ‘‘Francis J. Hagel Building’’; with amendments (Rept. 104–411). Referred to the PUBLIC BILLS AND RESOLUTIONS f House Calendar. Under clause 5 of rule X and clause 4 Mr. SHUSTER: Committee on Transpor- EXECUTIVE COMMUNICATIONS, of rule XXII, public bills and resolu- tation and Infrastructure. H.R. 2061. A bill to tions were introduced and severally re- ETC. designate the Federal building located at ferred as follows: Under clause 2 of rule XXIV, execu- 1550 Dewey Avenue, Baker City, OR, as the ‘‘David J. Wheeler Federal Building’’ (Rept. By Mr. GILMAN: tive communications were taken from H.R. 2808. A bill to extend authorities the Speaker’s table and referred as fol- 104–412). Referred to the House Calendar. Mr. SHUSTER: Committee on Transpor- under the Middle East Peace Facilitation lows: tation and Infrastructure. H.R. 1718. A bill to Act of 1994 until March 31, 1996, and for other 1848. A letter from the Acting Director, De- designate the U.S. courthouse located at 197 purposes; to the Committee on International fense Security Assistance Agency, transmit- South Main Street in Wilkes-Barre, PA, as Relations. ting the Department of the Army’s proposed the ‘‘Max Rosenn United States Courthouse’’ By Mr. UPTON (for himself and Mr. lease of defense articles to Rwanda (Trans- (Rept. 104–413). Referred to the House Cal- FARR): mittal No. 05–96), pursuant to 22 U.S.C. endar. H.R. 2809. A bill to amend the Internal Rev- 2796a(a); to the Committee on International Mr. SHUSTER: Committee on Transpor- enue Code of 1986 to eliminate the require- Relations. tation and Infrastructure. H.R. 2481. A bill to ment that States pay unemployment com- pensation on the basis of services performed 1849. A letter from the Acting Director, De- designate the Federal Triangle project under by election workers; to the Committee on fense Security Assistance Agency, transmit- construction at 14th Street and Pennsylva- Ways and Means. ting the Department of the Army’s proposed nia Avenue, NW, in the District of Columbia, lease of defense articles to Rwanda (Trans- By Mr. FILNER: as the ‘‘Ronald Reagan Building and Inter- H.R. 2810. A bill to amend the Internal Rev- mittal No. 08–96), pursuant to 22 U.S.C. national Trade Center’’ (Rept. 104–414). Re- enue Code of 1986 to provide that cafeteria 2796a(a); to the Committee on International ferred to the House Calendar. plans which provide for grandfathered 401(k) Relations. Mr. SHUSTER: Committee on Transpor- plans may also provide for contributions to 1850. A letter from the Assistant Secretary tation and Infrastructure. H.R. 2415. A bill to section 457 plans; to the Committee on Ways for Legislative Affairs, Department of State, designate the U.S. Customs Administrative and Means. transmitting a report to Congress on Brazil’s Building at the Ysleta/Zaragosa Port of By Mr. FORBES: status as an adherent to the Missile Tech- Entry located at 797 South Ysleta in El Paso, H.R. 2811. A bill to designate the nature nology Control Regime [MTCR], pursuant to TX, as the ‘‘Timothy C. McCaghren Customs preserve located at the Naval Weapons In- 22 U.S.C. 2797b–1; to the Committee on Inter- Administrative Building’’; with amendments dustrial Reserve Plant in Calverton, NY, and national Relations. (Rept. 104–415). Referred to the House Cal- administered by the Department of the Navy 1851. A letter from the Executive Director, endar. as the ‘‘Otis G. Pike Preserve’’; to the Com- Committee for Purchase from People who Mr. SHUSTER: Committee on Transpor- mittee on National Security. are Blind or Severely Disabled, transmitting tation and Infrastructure. H.R. 2504. A bill to By Mr. THORNBERRY: the annual report under the Federal Man- designate the Federal Building located at H.R. 2812. A bill to amend the Internal Rev- agers’ Financial Integrity Act for fiscal year the corner of Patton Avenue and Otis Street, enue Code of 1986 to provide that the rate of 1995, pursuant to 31 U.S.C. 3512(c)(3); to the and the U.S. courthouse located on Otis tax on liquefied natural gas shall be equiva- Committee on Government Reform and Street, in Asheville, NC, as the ‘‘Veach- lent to the rate of tax on compressed natural Oversight. Baley Federal Complex’’ (Rept. 104–416). Re- gas; to the Committee on Ways and Means. 1852. A letter from the Chairman, ferred to the House Calendar. By Mr. THOMAS: Consumer Product Safety Commission, Mr. SHUSTER: Committee on Transpor- H. Con. Res. 123. Concurrent resolution to transmitting a copy of the annual report in tation and Infrastructure. H.R. 2547. A bill to provide for the provisional approval of regu- compliance with the Government in the Sun- designate the U.S. courthouse located at 800 lations applicable to certain covered employ- shine Act during the calendar year 1994, pur- Market Street in Knoxville, TN, as the ing offices and covered employees and to be H 15136 CONGRESSIONAL RECORD — HOUSE December 19, 1995 issued by the Office of Compliance before ADDITIONAL SPONSORS H.R. 2500: Mr. STENHOLM and Mr. January 23, 1996; to the Committee on House Under clause 4 of rule XXII, sponsors WHITFIELD. H.R. 2580: Ms. SLAUGHTER. Oversight, and in addition to the Committee were added to public bills and resolu- on Economic and Educational Opportunities, H.R. 2599: Mr. HOEKSTRA. tions as follows: for a period to be subsequently determined H.R. 2602: Mr. SHAW, Mr. BURTON of Indi- by the Speaker, in each case for consider- H.R. 676: Mr. TORRICELLI. ana, Mr. BILBRAY, and Mr. KING. H.R. 739: Mr. JONES. H.R. 2654: Ms. SLAUGHTER, Mrs. CLAYTON, ation of such provisions as fall within the ju- H.R. 789: Mr. MINGE. and Mrs. MEEK of Florida. risdiction of the committee concerned. H.R. 791: Mr. JOHNSON of South Dakota. H.R. 2664: Mr. ARCHER, Ms. DELAURO, Mr. H. Res. 311. Resolution to provide for the H.R. 1050: Ms. BROWN of Florida. H.R. 1129: Mr. EVERETT. SPRATT, and Mr. TORRES. provisional approval of regulations applica- H.R. 1201: Mrs. LOWEY. H.R. 2704: Mr. CLAY, Mr. TOWNS, Mr. ble to the House of Representatives and em- H.R. 1274: Mr. NADLER and Mr. JOHNSON of MFUME, Mr. FRAZER, Mr. KLECZKA, Mr. JACK- ployees of the House of Representatives and South Dakota. SON, Mr. SKELTON, AND Miss COLLINS of to be issued by the Office of Compliance be- H.R. 1484: Mr. BRYANT of Texas. Michigan. ILBRAY NGLIS fore January 23, 1996; to the Committee on H.R. 1514: Mr. B , Mr. I of South H.R. 2740: Mr. DUNCAN. Carolina, Mr. CLYBURN, Mrs. CLAYTON, and House Oversight, and in addition to the Com- H.R. 2745: Mrs. MEEK of Florida, Mr. Mrs. CUBIN. mittee on Economic and Educational Oppor- TORRES, Mr. BERMAN, Ms. RIVERS, Mr. MAR- H.R. 1573: Mr. RIGGS. tunities, for a period to be subsequently de- KEY, Ms. ESHOO, Mr. RAHALL, Mr. DELLUMS, H.R. 1684: Mr. MASCARA, Mrs. JOHNSON of termined by the Speaker, in each case for Mr. OWENS, Mr. BECERRA, Mr. WATTS of Okla- Connecticut, and Ms. FURSE. consideration of such provisions as fall with- H.R. 1794: Mr. SMITH of New Jersey and Mr. homa, Mr. HASTINGS of Florida, Mr. SABO, in the jurisdiction of the committee con- CHRISTENSEN. Mr. KENNEDY of Massachusetts, Ms. WOOL- cerned. H.R. 1998: Mr. HINCHEY, Mr. STUMP, and Mr. SEY, Mr. MEEHAN, and Mr. KLINK. By Mr. BURTON of Indiana (for him- CREMEANS. H.R. 2769: Mr. ENSIGN and Mr. BROWNBACK. self, Mr. LEWIS of Kentucky, Mr. H.R. 2026: Mrs. MEYERS of Kansas, Ms. H.R. 2778: Mr. ROGERS, Mr. EWING, Mrs. STEARNS, Mr. BARTLETT of Maryland, MOLINARI, Mr. BURTON of Indiana, Mr. MEYERS of Kansas, Mr. GENE GREEN of Texas, Mr. HAYWORTH, Mr. CHABOT, Mr. GEKAS, Mr. MCHUGH, Mr. HANSEN, Mr. Mr. SOUDER, Mrs. KELLY, Mr. HUTCHINSON, KINGSTON, Mr. HOSTETTLER, Mr. NEU- CANADY, Mr. MONTGOMERY, Mr. JONES, Mr. Mr. UNDERWOOD, Mr. KLECZKA, Mr. TATE, Mr. MANN, Mr. HERGER, Mr. DOOLITTLE, HEINEMAN, Mr. MANZULLO, Mr. ROYCE, Mr. CALVERT, Mr. WATTS of Oklahoma, Mr. Mr. SAM JOHNSON, Mr. ISTOOK, Mr. KING, Mr. SAXTON, Mr. ROTH, Mr. SCHAEFER, KOLBE, Mr. DOOLITTLE, and Mr. HAYES. JONES, Mr. MYERS of Indiana, Mr. Mr. GILLMOR, Mr. BARTLETT of Maryland, H.R. 2779: Mr. HANCOCK and Mr. COBLE. SMITH of Texas, Mr. SOUDER, Mr. Mr. THORNBERRY, Mrs. JOHNSON of Connecti- H.R. 2785: Mr. CARDIN. MCCOLLUM, Mr. CALLAHAN, and Mr. cut, Mr. ROHRABACHER, Mr. BURR, Mrs. H.J. Res. 106: Mr. ANDREWS. MOORHEAD): SEASTRAND, Mr. DUNCAN, Mr. PORTMAN, Mr. H.J. Res. 127: Mr. HASTINGS of Washington H. Res. 314. Resolution to amend the Rules NORWOOD, Mr. DEAL of Georgia, Mr. and Mr. LAHOOD. FUNDERBURK, Mr. TIAHRT, Mr. BILBRAY, Mr. of the House of Representatives to discour- H. Res. 282: Mr. HASTINGS of Florida, Mr. CAMP, Mr. CHRYSLER, Mr. THOMPSON, Mr. age frivolous ethics complaints; to the Com- REED, Mr. ACKERMAN, Mr. TORRICELLI, Mr. CALVERT, Mr. GUNDERSON, and Mr. COOLEY. MEEHAN, Mr. DEUTSCH, Mr. PORTER, Mr. mittee on Rules. H.R. 2036: Mr. COMBEST. SERRANO, Ms. MCKINNEY, Ms. WOOLSEY, Mr. By Mr. LIGHTFOOT: H.R. 2089: Mr. LINDER and Mr. EWING. FOX, Mr. BROWN of California, Mr. MCNULTY, H. Res. 315. Resolution calling on the peo- H.R. 2200: Mr. ROGERS. Mr. BARRETT of Wisconsin, Mr. ZIMMER, Ms. ple of the United States to set a place at H.R. 2202: Mr. TALENT. H.R. 2245: Mrs. CLAYTON. ROYBAL-ALLARD, Mr. LANTOS, Mr. GEJDEN- their tables during the 1995 holiday season as H.R. 2265: Mr. BONILLA. SON, Mr. BERMAN, Mr. GUNDERSON, Mr. JOHN- a reminder of the men and women of the H.R. 2407: Mr. WAXMAN, Ms. SLAUGHTER, STON of Florida, Mr. MENENDEZ, Mr. JONES, United States serving their country in the and Mr. SERRANO. Mr. RUSH, Mr. DEFAZIO, Mr. GENE GREEN of peacekeeping efforts for Bosnia and H.R. 2497: Mr. HUTCHINSON, Mr. MCINTOSH, Texas, Mr. KENNEDY of Massachusetts, Ms. Herzegovina; to the Committee on Govern- Mr. CAMP, Mr. CALVERT, Mr. EHLERS, and Mr. FURSE, Mr. WARD, Mr. LIPINSKI, and Ms. ment Reform and Oversight. LIVINGSTON. SLAUGHTER. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, TUESDAY, DECEMBER 19, 1995 No. 204 Senate

The Senate met at 9:30 a.m. and was will immediately begin consideration which there shall be 3 hours debate, called to order by the President pro of the conference report to accompany equally divided. tempore (Mr. THURMOND). the Department of Defense authoriza- The assistant legislative clerk read tion bill, and that under the unani- as follows: PRAYER mous-consent agreement reached last A conference report to accompany H.R. The Chaplain, Dr. Lloyd John night, if all time is used, a vote will 1530, an act to authorize appropriations for Ogilvie, offered the following prayer: occur on the conference report at ap- fiscal year 1996 for military activities of the Here is a promise to give us hope proximately 5:25 p.m. Department of Defense, to prescribe military today: ‘‘If my people, who are called by The Senate will recess today between personnel strengths for fiscal year 1996, and for other purposes. my name, will humble themselves, and the hours of 12:30 p.m. and 2:15 p.m. for pray and seek my face * * * then I will weekly policy conferences, and a clo- The Senate resumed consideration of hear from heaven, and will forgive ture vote is still possible today on the the conference report. Mr. COATS. Mr. President, I know their sin and heal their land.’’—II motion to proceed to the Labor-HHS there are speakers who will be here Chronicles 7:14. appropriations bill, unless an agree- this morning, but at the moment let Thank You, Lord, for answering our ment can be reached on that bill today. me suggest the absence of a quorum; prayers for a meeting between the Also, if a continuing resolution the time will be equally divided under President, the majority leader, and the would become available from the the previous agreement. Speaker of the House to deal with the House, we will take action on that The PRESIDING OFFICER. Without issues of balancing the budget. Now we today. pray reverently for these men as they objection, it is so ordered. meet today. Lord, we need Your heal- f The clerk will call the roll. ing. Fill these men with Your spirit. VITIATION OF ACTION—S. 1228 The assistant legislative clerk pro- Grant them the humility to be open to ceeded to call the roll. Mr. COATS. Mr. President, I ask Your guidance for a solution. Invade Mr. NUNN. Mr. President, I ask unanimous consent that the action their minds with an acute awareness of unanimous consent that the order for taken on Calendar No. 280, S. 1228, be their accountability to You to break the quorum call be rescinded. vitiated and the bill be placed back on the present deadlock, move toward cre- The PRESIDING OFFICER. Without the calendar. ative compromises, and achieve an objection, it is so ordered. The PRESIDING OFFICER (Mr. agreement. We claim Jesus’ diagnosis Mr. NUNN. Mr. President, what is the THOMAS). Without objection, it is so or- and prognosis for seemingly impossible current order of the Senate? dered. impasses like this: ‘‘With man it is im- The PRESIDING OFFICER. The Mr. COATS. Mr. President, this bill possible, but with God all things are pending business is the conference re- is now back on the calendar but it is possible.’’—Luke 18:27. We really be- port on H.R. 1530, the Defense author- still hoped this important matter can lieve that. We cast aside our pride, and ization. be cleared for action, soon. throw our negative cautious doubt to Mr. NUNN. Mr. President, as we de- Mr. President, I yield the floor. the wind. Today is a day to expect bate the conference report on the Na- great things from You, and the great- f tional Defense Authorization Act for fiscal year 1996, I again want to express ness You will inspire in our leaders. RESERVATION OF LEADER TIME Thank You that it shall be so. Amen. my admiration for the hard work, de- The PRESIDING OFFICER. Under termination, and commitment of Sen- f the previous order the leadership time ator THURMOND, the chairman of the RECOGNITION OF THE ACTING is reserved. committee. Regardless of our individ- MAJORITY LEADER f ual and differing views on the specifics The PRESIDENT pro tempore. The of this conference report, I believe ev- NATIONAL DEFENSE AUTHORIZA- able Senator from Indiana is recog- eryone knows that Senator THURMOND TION ACT FOR FISCAL YEAR nized. worked with diligence and dedication 1996—CONFERENCE REPORT f to reach an agreement with the House. The PRESIDING OFFICER. Under I also want to express my apprecia- SCHEDULE the previous order the Senate will now tion for the hard work of the majority Mr. COATS. Mr. President, on behalf resume consideration of the conference staff director, Dick Reynard; deputy of the leader, let me announce that we report accompanying H.R. 1530, on staff director, George Lauffer, who is

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

S 18835 S 18836 CONGRESSIONAL RECORD — SENATE December 19, 1995 here on the floor; general counsel, Don Consolidate and clarify the standards point in my presentation. I would like Deline; and all the majority staff. They of conduct for Federal officials in the to turn to other elements of the con- put in many late nights and 7-day acquisition process to ensure consist- ference that give me great concern. weeks over the course of this con- ent treatment of such personnel on a REPEAL OF THE REQUIREMENT FOR AN INDE- ference, which has provided them with governmentwide basis. PENDENT DIRECTOR OF OPERATIONAL TEST far too little time to spend with their Fourth, establishment of a defense AND EVALUATION own families. modernization account. This provision When the House drafted its version of The same applies to Arnold Punaro, will encourage the Department of De- this year’s bill, they developed a DOD Andy Effron, and many others on my fense and give them a strong incentive reorganization proposal which included staff who have worked with equal dili- to achieve savings in procurement, re- a provision abolishing the position of gence and dedication. search and development, and oper- the Director of Operational Test and This bill was in conference for over 3 ations and maintenance by allowing Evaluation. That position was created months. The chairman, Senator THUR- the Department to place the savings in in 1983 at the initiative of Senators MOND, has shown great patience and en- a new account, the defense moderniza- ROTH, GRASSLEY, and PRYOR, to ensure durance through long and difficult ne- tion account. Funds in the account that testing of major weapons systems gotiations with the House. Out of re- would be available for the services to would be evaluated by an office inde- spect for Senator THURMOND, particu- spend on the most pressing long-term pendent of the responsibility for pro- larly in his first year as chairman—al- needs of our military—that is mod- gram and contract management. though he has been on the committee ernization of our military forces and During the Senate debate on this bill, for many years—I signed the con- equipment and procurement. The De- we adopted without dissent a biparti- ference report, and I voted for the mo- partment could use amounts in the ac- san amendment—sponsored by Sen- tion to proceed, thereby providing the count to address funding shortfalls in ators ROTH and PRYOR—reaffirming Senate with the opportunity to con- the modernization of vital weapons congressional support for the Office of sider this report. systems. the Director of Test and Evaluation I do not support the legislation, for Mr. President, I would like to see [OTE]. That was the Senate position. reasons I will explain. I feel it is essen- these provisions enacted into law, but I In that amendment, we noted that tial that the Senate at least make a de- cannot support the conference report the OTE position was ‘‘created by Con- termination and vote on this con- in its present form. This will be the gress to provide an independent valida- ference report. first time, in my 23 years in the Sen- tion and verification on the suitability The conference report contains im- ate, that I will vote against a Defense and effectiveness of new weapons, and portant legislative authorities, which I authorization conference report. I have to ensure that the * * * military de- strongly support. I want to point out supported every previous Defense au- partments acquire weapons that are the important military pay and allow- thorization conference report during proven in a operational environment ances provisions, including a 2.4-per- my Senate career, including 6 years in before they are produced and used in cent pay raise for the troops and a 5.2- which I served in the minority under combat.’’ percent increase in the basic allowance two Republican chairmen. In summary, Mr. President, Oper- for quarters. Without this bill, the pay In the past, when we had a Demo- ational Test and Evaluation has as its raise under permanent law will be 2 cratic Congress and a Republican main purpose objective—evaluation of percent, or 0.4 percent less. The basic President, we routinely faced a House weapons systems before they are pur- allowance for quarters increase would bill that was unacceptable and a Sen- chased. There has been a whole history be 2 percent, instead of the current 5.2 ate bill that was acceptable to the Re- to indicate the need for this kind of of- percent, if this bill passes. publican President. In those years fice because program managers inevi- If we do not have this bill enacted most of the compromising had to come tably get wedded to programs. If they into law, I intend to join others in from the House if we were going to get are responsible not only to develop the doing everything possible to see that a bill signed into law. We knew that programs, present them, sell them, and this key legislation for pay raises and when we saw the shape of the two bills market them on Capitol Hill but also for basic allowance for quarters be in- coming out of the House and Senate. to test them, there is an inherent in- serted in another bill before we leave We faced the same situation in re- ability for the kind of objectivity that this session. verse this year with a Republican Con- is needed in making sure the weapons Second, approval of Secretary Per- gress in the House and Senate and with work before we buy them. ry’s family and troop housing initia- a Democratic President. This year, we The conference agreement is con- tive, which would provide new authori- have a generally acceptable Senate bill trary to the Senate position—in fact, ties—including shared public and pri- and a generally unacceptable House just the opposite of the Senate provi- vate sector funding—to finance needed bill in terms of Presidential signature. sion—and would repeal the legislation construction and improvements in This is just the opposite of what we requiring that there be an independent military housing. have had year after year with Repub- Director of Operational Test and Eval- Third, detailed acquisition reform lican Presidents and Democratic Con- uation. legislation that complements last gresses. Unfortunately, this year, the Mr. President, it is important to dif- year’s landmark Federal Acquisition House was unwilling to make the com- ferentiate the provisions affecting the Streamlining Act. Key provisions promises necessary to get a bill that is Director of Operational Test and Eval- would: likely to be approved by the Clinton uation from other aspects of the DOD Use simplified procedures to stream- administration. Instead of compromis- reorganization provisions proposed by line the process of procuring commer- ing more toward the Senate bill, which the House and adopted in conference cial products and services while pre- could have received Clinton adminis- which reduce the number of positions serving the requirement for full and tration support, most important com- in DOD requiring Presidential appoint- open competition. promises strongly titled toward the ment and Senate confirmation. Reduce the barriers that inhibit ac- House position. With the exception of the language quisition of commercial products by The conference report before us con- affecting the Director of Operational eliminating the requirement for cer- tains fundamental flaws that I believe Test and Evaluation and the language tified cost and pricing data for com- are contrary to the best interests of affecting the Assistant Secretary of mercial products. the taxpayers and sound management Defense for Special Operations—which Streamline the bid protest process by of our national defense activities. On I shall address later in my remarks—I eliminating the separate bid protest balance, I have concluded that this have no objection to some of the other authority of the General Services bill’s bad policy outweighs its good DOD reorganization provisions pro- Board of Contract Appeals and provid- policies in its current form. posed in the conference agreement ing for all bid protests to be deter- Mr. President, I will discuss again, as which largely came from the House. mined by the General Accounting Of- I did last week, the missile defense part The unobjectionable elements of the fice. of this conference report at a later conference agreement merely repeal December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18837 the statutory designation of certain Mr. President, in 1986, Congress cre- and remove that direct civilian over- positions and the requirement for Sen- ated the statutory position of Assist- sight of the CINC. This, again, was ate confirmation. ant Secretary, Special Operations and done without foundation and without The Operational Test and Evaluation low-Intensity Conflict as part of com- substantive consideration. proposal goes further. It would repeal prehensive legislation concerning the REQUIREMENT TO SELL THE NAVAL PETROLEUM section 139 of title 10, which contains a organization and management of spe- RESERVE WITHIN 1 YEAR number of key protections for the Di- cial operations forces. Mr. President, earlier this year, the rector of OTE. Under current law: The 1986 legislation also established a Budget Committee provided reconcili- The Director can only be removed by unified combatant command for special ation instructions to the Armed Serv- the President, and the President must operations. ices Committee to achieve savings report his reasons to Congress. The CINC was given unique authori- through sale of the Naval Petroleum The Director is guaranteed statutory ties—possessed by no other CINC—for Reserve at Elk Hills within 1 year. independence from the Under Sec- administration, acquisition, and budg- That was because they wanted to raise retary for Acquisition. eting—authorities that are more akin money for the deficit. Faced with that The Director may communicate di- to the powers of a civilian Service Sec- requirement, the committee developed rectly with the Secretary without ob- retary than a military CINC. legislation with a number of safe- taining the concurrence or approval of We specified in law that there be an guards, including provisions that would any other official. Assistant Secretary of Defense for Spe- enable the Secretary of Energy to sus- The Director has specific authority cial Operations in order to ensure ade- pend the sale, and to require a subse- over all test and evaluation activities quate civilian control over the CINC. quent vote by the Congress upon a de- of DOD. The statute specifically makes the termination that the sale was not pro- Mr. President, those are key provi- Assistant Secretary responsible for ceeding in the taxpayer’s best interest. sions. That is the only way you can ‘‘the overall supervision (including The Congressional Budget Office, have an objective official in terms of oversight of policy and resources) of however, refused to score the provision ensuring that he is not subject to the special operations * * * and low-inten- in the DOD authorization bill as normal bureaucratic pressures of the sity conflict activities of the Depart- achieving any savings because CBO be- Pentagon. ment of Defense.’’ lieved there was a significant chance Under the conference agreement, ef- Senator COHEN, a Republican from that the sale would be suspended and fective January 31, 1997, there would no Maine, a member of our committee and that subsequent legislation would be longer be an independent Director of leader for many years, is an expert on required. As a result, when the Armed Operational Test and Evaluation. The this subject of special operations. He Services Committee submitted its rec- Secretary of Defense would be free to and I drafted this legislation which was onciliation legislation to the Budget subordinate the operational test and based on the determination that the Committee, the Armed Services Com- evaluation function under any Under subject of special operations was re- mittee, on an 11-to-10 vote, rec- or Assistant Secretary—including ceiving inadequate attention by the Of- ommended to the Budget Committee those with direct responsibility for the fice of Secretary of Defense and the that the reconciliation bill include a management of major weapons systems military departments. different version of the provision with- programs—or even relegate it to the Mr. President, this is one of the least out a number of key safeguards. Those military departments. expensive parts of our overall military of us who opposed this recommenda- Congress specifically created this po- forces, but the one that is most likely tion expressed great concern about the sition in light of major acquisition to be used, whether it is on the cutting potential for a huge loss to the tax- problems of the late seventies and edge of a major operation. The special payers by a rushed sale without suffi- early eighties so that realistic and operations forces are the best trained cient safeguards. independent operational test and eval- military forces we have. They are re- Subsequently, CBO estimated that uation functions would be conducted quired to operate with great secrecy the up-front proceeds from the sale without direct interference by acquisi- and great care, and they need civilian would be $1.5 billion, but the net reve- tion officials. Congress wanted to make supervision. This conference report nue foregone would be $2.5 billion over sure that those who were being tested eliminates that civilian supervision as the next 7 years—leading to a $1 billion were not also grading their own tests. we had envisioned. loss. As a result, the requirement to DOD has never fully embraced this po- The conference report would repeal sell the naval petroleum reserve was sition and its independence. Under the this requirement to have an Assistant dropped from the Senate reconciliation House approach, now incorporated in Secretary of Defense for Special Oper- legislation and was not included in the this conference, the key concept of ations and Low-Intensity Conflict, ef- reconciliation conference report. ‘‘Fly before you buy’’ will be signifi- fective January 31, 1997. The Office of We are no longer under a mandate cantly weakened because this office is the Assistant Secretary has provided from the Budget Committees on the in effect terminated. valuable oversight and supervision of reconciliation process to raise this $1.5 This is an ill-considered proposal an activity that still receives to little billion. They wisely dropped the provi- with no foundation or justification. attention within the Pentagon. The sion when the Congressional Budget Of- Congress should not be put in the posi- circumstances that required creation fice said it could cost us money. It tion of having to refight and reinstate of the position are largely unchanged. could cost us $1 billion. What do we do? this legislation next year. This is an The Department, again, has not fully The conference report before us today example of ‘‘Ready, fire, aim’’ that I embraced the special operations re- continues to mandate the sale with a think is destructive to the overall fur- forms and this repeal will energize the year with the option for the Secretary therance of our national security. We enemies of special operations. to suspend the sale. It is now out of should not support legislation that When Congress created this position, step with reconciliation and out of step cripples this vital organization. we were not simply trying to give visi- with common sense. REPEAL OF THE STATUTORY REQUIREMENT FOR bility to an Assistant Secretary. There Mr. President, because of the budget THE ASSISTANT SECRETARY FOR SPECIAL OP- are significant substantive differences pressure, there will be tremendous in- ERATIONS AND LOW-INTENSITY CONFLICT between the Assistant Secretary of De- centive for this administration or a There is another aspect of the fense for Special Operations and each subsequent administration at the end House’s DOD reorganization language of the other Assistant Secretaries. The of next year, if we have a change of ad- which was adopted in conference to position of Assistant Secretary for Spe- ministrations, to sell Elk Hills quickly which I have similar objections. My cial Operations is tied directly to a to meet the deadlines of the overall concerns relate to the provision that unique combatant command that exer- budget and fiscal picture. A 1-year would abolish the requirement to des- cises management powers similar to timeframe, I believe, is unwise. Right ignate one of the Assistant Secretaries those of a civilian Service Secretary. now, there is one company with the po- of Defense to be responsible for special The conference report would repeal tential inside track. Chevron is a part operations and low-intensity conflict. that statute, effective January 31, 1997, owner and manager of Elk Hills. There S 18838 CONGRESSIONAL RECORD — SENATE December 19, 1995 is concern, I think legitimate concern, by imposing their own restrictions on tions: gyrocompasses; electronic navi- that a requirement to sell Elk Hills American products, thereby damaging gation chart systems; steering con- within 1 year will give that company a the export sector of the United States trols; pumps; propulsion and machin- tremendous advantage, an advantage that currently has a very strong trade ery control systems; and totally en- that could be reduced by giving other surplus and advantage. closed life boats. potential bidders sufficient time and Section 806 of the conference report All of those are going to have no information to develop competitive contains a buy American provision for competition from abroad. bids. components of naval vessels which is, In addition, the proposal would not Mr. President, since the leadership of derived from the House passed bill. The only extend the expiring buy-American the Budget Committee has already de- Senate bill, under Senator THURMOND’s requirements for ball bearings and roll- cided to drop the sale of Elk Hills from leadership, did not have these buy er bearings, but would expand it to the reconciliation bill there is abso- American provisions. The conference cover all purchases, even those below lutely no need to present with the Sec- report comes back, and it is absolutely the $100,000 simplified acquisition retary of Energy with the choice of ei- loaded with them. threshold. That directly undermines ther making the sale or losing the au- Mr. President, there is ample exist- one of the key goals of last year’s Fed- thority to sell the NPR. Contrary to ing authority for DOD to exclude for- eral Acquisition Streamlining Act: re- the assertions we have heard on the eign companies from competing on a moval of special interest protection floor, the administration has not rec- contract when there is a valid indus- and paperwork for all purchases of ommended a forced sale within 1 year. trial base requirement for domestic $100,000 or less. The President’s budget for fiscal year producers. That is already the law. The Mr. President, I find it a supreme 1996 clearly states, on page 148 that Department of Defense has not re- irony that a Republican majority in ‘‘The administration proposes to pri- quested any additional legislative au- the House and Senate, which commit- vatize the Elk Hills, CA oil and gas thority to impose specific buy Amer- ted at least rhetorically to free trade fields in 1997 * * *.’’ Mr. President, that ican requirements on the components and market competition, would inject date is 1997, not 1996. Likewise, the ad- listed in the conference report. the most sweeping buy-American pro- ministration’s balanced budget pro- There has been no showing of a criti- visions we have ever placed in a defense posal, submitted on December 7, 1995, cal industrial base need that would jus- authorization bill since I have been in provides for disposition of Elk Hills tify singling out these vessel compo- the Senate. This will damage the U.S. ‘‘not later than September 30, 1997.’’ nents, among the hundreds of thou- defense industry, it will damage our Again, an extra year so we ensure that sands of items procured by the Depart- trade position, and it will damage the we taxpayers get their money’s worth ment of Defense, as warranting protec- American taxpayers. out of this sale. tion from competition. Sure, it will benefit a few companies. Mr. President, because the current The existing buy-American list in They will do well because they will not contractor and co-owner, Chevron, has title X covers only five items. This is have any competition. Some people in a potential advantage in terms of the after years and years of struggling. the House, I suppose, will be able to go information needed to submit a realis- Every year we have had buy-American back and say in their districts, ‘‘Look provisions in the House bill under a tic bid, it will not be easy to establish what we’ve done for you. You’re going Democratic House. This year, nothing a competitive bidding and evaluation to get these Government contracts.’’ has changed under a Republican House process that will get the best deal for Our responsibility is beyond one com- as they loaded up the report with buy- the taxpayers. There are serious ques- pany in one district. It is the overall American provisions. Every year we tions about whether the 1-year period good of America and our national secu- have held firm. We have said, ‘‘No, it’s is sufficient to ensure that the tax- rity. In this case, this conference re- bad government, it’s bad for the tax- payers get the maximum value through port flunks that test. knowledgeable competitive bidding. payers, and it’s a bad deal for the mili- I recognize the Secretary currently This provision is a loser—potentially a tary.’’ has authority to waive buy American We are going to spend more money, $1 billion loser. requirements under a number of condi- get less national security, and hurt our I find it strange that the same Con- tions, such as when there would be un- exporters. This is particularly true gressional Budget Office, which our Re- reasonable costs or delays or there with the aerospace industry, because publican majority is insisting we use would be an adverse effect on national for its numbers for the budget deal we they are indeed the best in the world. We have five items in title X: buses; security. The conference agreement are talking about, basically says we a chemical weapons antidote; air cir- would slightly expand that authority are possibly or even probably going to cuit breakers for vessels; specified by allowing the Secretary to use it to lose about $1.5 billion on this, but we valves and machine tools; and ball avoid retaliatory trade actions by a have it in the conference report any- bearings and roller bearings, which foreign nation. However, the waiver au- way. I think it is a mistake. may be affected. thority is very difficult for the Sec- BUY AMERICAN PROVISIONS I am not here to debate those items. retary of Defense to exercise. Mr. President, one of the strongest They are in there. They were put in the I think it is irresponsible to place a elements of our export economy is the report at one time or another. Secretary in the position of mediating sale of overseas military equipment. The conference agreement, without between political pressures to impose This is an area in which the value of any justification that I can see and in restrictions on the one hand and a our sales overseas far exceeds the contradiction to bipartisan opposition combination of foreign and domestic amount we buy from other countries. to similar positions in past con- pressures to promote free trade on the This is one of the areas where we have ferences, would add the following other hand. We are the board of direc- a favorable trade balance. The overall items: tors. We should not put the executive trade balance is unfavorable, but the First, ‘‘welded shipboard anchor and in charge of the Department of Defense trade balance in military equipment is mooring chain with a diameter of 4 in that position. The waiver authority favorable. The conference report before inches or less.’’ puts the Secretary in an extremely dif- us would expand and impose Buy Amer- Second, ‘‘vessel propellers with a di- ficult position, because there is sub- ican restrictions that are not justified ameter of 6 feet or more.’’ stantial pressure not to use the waiver by industrial based or arms control You cannot buy those anywhere ex- from the very same sources that in- considerations. This says that you cept in America and, in some cases, sisted on putting the provisions in law have to buy these items in America, there is only one contractor in Amer- in the first place. even if the sales from our allies abroad ica. Only one. What you are doing, in Moreover, the retaliatory action or from others are substantially cheap- some cases—not all—is locking in sole- from a foreign nation may well come er. source procurement by law and elimi- after a buy-American provision is im- This means that when foreign compa- nating competition. posed rather than beforehand, and the nies cannot bid on American contracts, Third, the following vessel compo- Secretary’s waiver authority, in terms foreign countries are likely to retaliate nents having unique marine applica- of retaliatory trade, would be useless December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18839 in this case. That is the way it would Senator from West Virginia may re- tain these companies are happy at the normally happen. The waiver authority call, because it was full of earmarks. expense of both taxpayers and national has to be anticipatory. We in the authorization committee security. For example, we may impose a buy- have not been perfect, but we have Mr. President, I am also concerned American provision on a vessel compo- strived not to have earmarks in these that section 1016 of the bill has the ef- nent only to find later that a foreign bills. That has been a long practice of fect of earmarking a ship maintenance government has imposed a domestic- our Armed Services Committee. We contract for a specific shipyard. Once source requirement that hurts our air- provide appropriate guidance under de- we start down this route, other ship- craft exports. In the absence of a com- velopment and procurement of major yards, as well as repair and mainte- pelling case to impose the costs and weapons systems and leave to the exec- nance contractors for aircraft and vehi- burdens of restricting competition, we utive branch the process of awarding cles, will certainly want their share of should avoid adding new items to the contracts. We do not get into micro- these directed, noncompetitive con- buy-American restrictions list. management. We try not to micro- tracts. The Competition in Contracting A more onerous buy-American provi- manage. This bill is crammed full of Act is designed to save money through sion is set forth in the bill’s authority micromanagement, and I find this su- effective competition. From time to to use sealift funds to purchase vessels premely ironic, having seen Secretary time, there are exceptions which can be for the National Defense Reserve Fleet. Cheney, Secretary Carlucci, and Sec- justified on the merits, in terms of in- Unlike the buy-American provision retary Weinberger, those Secretaries dustrial base considerations. Those de- that applies to components which I under Republican administrations, cisions should be made on the basis of previously discussed, the position gov- complain over and over again about sound analysis and thorough consider- erning National Defense Reserve Fleets congressional micromanagement of the ation of executive branch views, not on has no waiver authority. As a result, Defense Department. the basis of a conference with legis- DOD will be precluded, under this con- This bill goes further in lated earmarks. This earmark is not ference report, from purchasing foreign micromanagement than any bill I have meritorious and, again, I can only de- vessels for the five additional roll-on/ seen. We have done this to ensure, in scribe it as a sweetheart deal for a cer- roll-off ships called for in the mobility terms of our practices, that the Gov- tain shipyard. requirement study, despite the fact ernment achieves the best price and that there would be major savings to quality based upon bids and proposals Mr. President, I am also concerned the U.S. taxpayers. reviewed under merit-based criteria. about title 31 of the bill, which covers Mr. President, the Maritime Admin- We have endeavored to avoid legisla- the Department of Energy defense pro- istration has been purchasing foreign- tion and conference report language grams. Section 3133, 3135, 3137, 3140, and built ships and upgrading them in U.S. which earmarks specific contracts to 3142 and the associated statement of shipyards. It is not like we are not get- specific contractors. managers language provide funds— ting a good portion of the work. We We have avoided earmarking because many not requested by the administra- are. there is too great a danger that awards tion—for development of technologies The cost to purchase and upgrade under such a system will be based on and other programs at specify Depart- this type of ship is about $30 million political and parochial considerations ment of Energy sites instead of allow- each. This means we could obtain the rather than the best interest of na- ing the Department to determine five additional ships for about $150 mil- tional defense and the taxpayers. which site, on the merits, would be the lion. Building new U.S. ships will cost I am very concerned about the ship- best location for conduct of the pro- $200 million to $250 million each, for a building provisions of the conference gram. Hundreds of millions of dollars total cost of $1 billion to $1.5 billion for report which could lead to substantial are so allocated in the DOE section of five ships. I think the Senate ought to unnecessary expenditure for the pro- this bill. recognize this is basically taking tax- curement of naval vessels. The con- In summary, Mr. President, the nu- payers’ money and simply giving it to ference report has translated, I think, merous earmarks in this bill far exceed certain defense industries in this coun- an innovative Senate concept, which the tolerance level of anything justi- try. If you want to do that, that is fine, makes sense under very unique cir- fied in the ‘‘give and take’’ of a con- but everybody ought to acknowledge cumstances. The concept would provide ference. It sets the authorizing com- that is what is happening. That means more ships within the same cost pro- mittee on a bad policy path that we the taxpayers could be paying an addi- jections that was developed by Sen- have studiously avoided and that we tional $1 billion or more without any ators LOTT, COHEN, and others—into should not start now. We have objected increase in Navy capability. This provi- something that was not what they en- when the Appropriations Committee sion is, simply put, a sweetheart deal visioned when they started; that is, a has done this over and over. I spent lit- for certain domestic shipbuilders. shipbuilding grab bag with something erally hours out here at night, late in Alternatively, the cost could be so for everyone. a session, objecting to earmarks in ap- high that the Navy may forego pur- Section 1013 of the bill has the effect propriations bills under Democratic chasing enough ships to meet the mo- of directing the procurement of two ad- control of the Congress. Now, I find bility requirements. Either we are ditional large, medium-speed roll-on/ that we do it over and over again in our going to cost the taxpayers about $1 roll-off ships, known as LMSR vessels, own authorization bill. billion here or we are going to buy less at specific shipyards. Likewise, section ships and not have the mobility re- 135 has the effect of directing procure- Mr. President, aside from shipbuild- quirements for our own military forces. ment of six destroyers to specific ship- ing earmarks, I am troubled by the That is bad for the taxpayers and bad yards. In the absence of a clear indus- submarine research and development for our national defense. trial base requirement—and I have seen language. Section 132 of the bill re- (Mr. FRIST assumed the chair.) no such showing—these sole-source-di- quires the Secretary of Defense to de- EARMARKING rected procurement situations under- sign, develop, and procure four nuclear Mr. NUNN. Mr. President, the next mine the cost-saving potential of com- attack submarines using ‘‘new tech- area I am concerned about relates to petition. Again, I regret to say, these nologies that will result in each succes- earmarking. I have been one of the are sweetheart deals for certain ship- sive submarine * * * being a more ca- leaders, and the Senator from Arizona, yards. pable and more affordable submarine Senator MCCAIN, has also been a real Mr. President, at a time when we are than the submarine that preceded it.’’ leader, in trying to prevent earmark- striving to get the taxpayers’ fiscal There is no recognition in the language ing. Usually it has been in the appro- budget under control and the national of the costs and risks of transforming priations bill. Time after time after budget under control, I find it very, the submarine procurement program time, we have come to the floor and op- very paradoxical that we are setting up into a research and development proto- posed these items in appropriations this competition with earmarks with type endeavor. bills. One time, I even voted against sole-source-directed procurement going No one argues with the goal of hav- the entire appropriations bill, as the to certain shipyards and making cer- ing military equipment that is both S 18840 CONGRESSIONAL RECORD — SENATE December 19, 1995 more capable and more affordable. Ex- gress in the position of picking lit- dent to submit a supplemental appro- perience demonstrates that when deal- erally hundreds of ‘‘winners and los- priations request to replenish funds ing with complicated systems and ad- ers’’ from a long list of items that have used for contingency operations. vanced technology, it is quite difficult not been subjected to any merit-based Mr. President, I regret that I cannot to obtain greater capability at less review within the Department of De- support this conference report. I know cost. The Russians, for example, tried fense. In other words, this is an added it means a great deal to Senator THUR- to increase the capability while cutting package for the National Guard and MOND and the other members of the costs of their submarines, and several Reserve. These items have not gone committee and I understand their feel- of the products of that effort, along through the procurement process or ing. I know firsthand the feeling. There with their crews, lay at the bottom of any review by the Department of De- are many provisions in the bill which the ocean. fense, but we are picking the items in should be enacted into law. But there New attack submarines are among this report in great detail. I think that are many, many more which should the most complex and sophisticated is a mistake. not. If this legislation is vetoed by the systems procured by the Department of In this conference report, nothing is President as has been recommended by Defense. It is one thing to establish a provided for the generic ‘‘miscellane- his senior advisers, we will have an op- goal—there is no problem with a goal— ous’’ account. As a result, the con- portunity to correct the many flaws in it is something very different to re- ference treatment of Guard and Re- the bill and produce an authorization quire the Navy to structure its pro- serve procurement is, I believe, worse bill that can be signed into law. I be- gram to make new submarines both than either of the two original bills. lieve it is important for us to do so. I better and cheaper without any con- I note again that this earmarking of pledge to continue to work toward pas- cern for the difficulty of trying to every dime in the Guard and Reserve sage of a subsequent bill if the legisla- achieve greater capability at less cost procurement fund departs from the pol- tion in this conference report is not en- and without any consideration of the icy followed in recent authorizations acted into law. risk involved. I believe it is important and appropriations acts. In fact, the Mr. President, could I be informed that the language of the submarine re- fiscal year 1996 Defense Appropriation how much time is remaining? search provision be reviewed and re- Act provides $777 million for Guard and The PRESIDING OFFICER. The time vised to ensure greater consideration of Reserve procurement, with $377 mil- of the Senator has expired. Mr. BYRD. I have 15 minutes which the tradeoff between cost and risk. lion—about half of it—provided for will be more than I need and I am Mr. President, I am also concerned miscellaneous procurement. In this happy to yield some to the distin- that the conference contains a spend- area, the appropriation bill has a far ing ‘‘floor,’’ which mandates that $50 guished Senator. better ‘‘good Government’’ approach Mr. NUNN. I thank the Senator from million of the funds in the National De- than does the authorization conference fense Sealift Fund can be used only for West Virginia but I will wait. report before us today. I say this as one Mr. BYRD. How much time do I have, advanced submarine technology activi- who has been on the Senate floor many Mr. President? ties of the Advanced Procurement times criticizing the appropriations The PRESIDING OFFICER. The Sen- Projects Agency. Mr. President, for a bill. In fairness, I have to point out ator has 141⁄2 minutes remaining. long time, this authorizing committee that we are doing now what we have Mr. BYRD. I thank the Chair. I yield has strenuously avoided putting floors accused others of doing in the past. myself such time as I shall require for in bills. We always felt we were the Although I and a number of other the time under my control. It will not ceiling; appropriators should not go Senators voted for Senator LEVIN’s be 141⁄2 minutes. over our ceiling. Neither should we say amendment to the Senate bill that Mr. President, this Fiscal Year 1996 they cannot spend less than a certain would have restored the generic nature Defense Authorization Conference Re- amount, because that basically under- of the funding, this amendment failed. port contains many needed and worth- cuts the appropriations process. It says I accept the fact that the Senate de- while provisions. A pay raise and raise to the appropriators that you cannot cided to use a different approach, but I in the Basic Allowance for Quarters for spend less than a certain amount. We note that even under the Senate-passed our active duty military personnel, and would object to the appropriators going bill, $65 million was allocated for mis- new authorities for more competitive over our ceiling and have tried to avoid cellaneous procurement. Because there and efficient housing renewal programs having floors in our bill. In this case, is not a single dollar left in a mis- to improve the often poor quality of we have a floor of $50 million. In fair- cellaneous category in this bill, the De- living for military personnel and their ness, because of my past work with partment will have absolutely no flexi- families, are among the highlights of Senator BYRD, the Senator from West bility to determine the priorities for this bill. Virginia, and my pledge to him that we purchasing additional equipment for Like the able Senator from Georgia would try to avoid these items, I feel I the Guard and Reserve—even though [Mr. NUNN], I believe that this bill is need to point out the floors that is in the appropriators provided that flexi- going to be vetoed. As a matter of fact, this conference report. bility. it is a virtual certainty. I am con- Mr. President, on National Guard and Mr. President, in closing my re- cerned that the pay raise and the key Reserve procurement, the conference marks, there are several items of par- time-sensitive authorities for raises report provides $777 million for Guard ticular concern to the Clinton adminis- and other benefits contained in the bill and Reserve procurement, allocating tration that I think Members would at that must be passed by January 1, 1996, all funding to specific line items. This least like to know about. be passed on another vehicle this week is an unfortunate reversion to the way The conference report contains per- such as a continuing resolution. We we added funds for the Guard and Re- manent restrictions on access of serv- cannot very well be endorsing the de- serve years ago. This is not a break- icewomen and dependents overseas to ployment of troops to Bosnia and then through. It has been done before, and it privately-funded abortions and restric- follow-up by denying them their pay was a mistake. Now, we are repeating tions on service by HIV-positive service raise. that mistake. In recent years, we have members, both of which are objection- I am also glad that the contingency gotten away from specific earmarks, able to the administration. The admin- force of SR–71 reconnaissance aircraft and we have authorized various por- istration has written letters on these is authorized for another year, and is tions of the Guard and Reserve pro- points. fully appropriated in a bill that the curement account in a ‘‘miscellaneous The administration also objects to President has already signed. I hope equipment’’ category. This served two use of the power of the purse to limit that our military commanders in purposes. First, it provided the Defense the authority of the President, as Com- Bosnia will put the SR–71 to work thus Department with the flexibility to al- mander-in-Chief, to place U.S. forces providing intelligence to our forces locate the funds to DOD’s highest-pri- under U.N. command and control. In there as soon as possible. But on bal- ority requirements without going addition, the administration objects to ance, I believe, this bill contains more through a lengthy reprogramming the portion of the contingency funding problematical and wasteful provisions process. Two, it avoided placing Con- provision that would require the Presi- than it should. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18841 Most importantly, this bill is almost gret the delay in implementing the fense and White House staff in an effort $7 billion over the President’s request. many good provisions contained in this to craft a bill that would be acceptable In addition, this bill authorizes almost bill. I look forward to working with my to all. $500 million for additional spending on colleagues on the Armed Services Com- We conferred with all these people. the B–2 bomber program. The Senate mittee on next year’s bill. I hope we We did the very best we could to get a had stripped out funding for additional can craft a bill next year that enjoys bill that would be acceptable to every- spending on B–2 bombers from its ver- broad support, and that does not con- body concerned here. sion of the Defense authorization bill, tinue on a path to greater defense Mr. President, I hope that we can but like Dracula, the B–2 bomber shows build-ups during a time when all other pass this conference report in the same an uncanny ability to rise night after spending continues to decline. bipartisan manner. I urge Members to night from the coffin. This $500 million Like Senator NUNN, I believe this bill come to the floor, debate the issues, was not requested by the Department is going to be vetoed. It is a virtual and then give this conference report of Defense. If the B–2 production line is certainty. I am concerned that the pay the strong support it deserves. to be reopened, as some appear deter- raise and key time sensitive authori- NAVAL PETROLEUM RESERVES mined to make happen, then many ties for raises and other benefits con- Mr. President, while I am on the more billions will be needed in future tained in this bill, which must be floor, I observe that my good friend, budgets. These funds will have to be passed by January 1, 1996, be passed on Senator NUNN referred to the naval pe- carved out of other procurement pro- another vehicle this week, such as a troleum reserves and indicated the grams, programs that carry a much continuing resolution. We cannot very Government would not be protected higher priority with the officials in the well be endorsing the deployment of properly under this bill. That is incor- Department of Defense. troops to Bosnia and follow up by deny- rect. This conference report also contains ing them their pay raise. I want to say this. incremental funding for a number of Mr. President, I yield the floor. expensive ships that were not re- Mr. THURMOND. Mr. President, as The conference agreement on the sale quested by the Department of Defense we consider the conference report to of Naval Petroleum Reserves contains in this bill, and were not scheduled to accompany the fiscal year 1996 national a number of safeguards to ensure that be constructed until years in the fu- defense authorization bill, it is impera- the Federal Government receives full ture. So, we will put down payments on tive to put aside recent partisan criti- value. Among these safeguards are the ships we do not yet need, and worry cism of the bill and remember that this following two clauses which clearly about how to complete the payments legislation contains a significant num- spell out the conferees’ intent that the for the rest of the ship later. The atti- ber of provisions that will benefit our reserves can be sold only if this will re- tude here seems to be taken directly men and women in uniform, many of sult in the highest return to the Amer- from Scarlett O’Hara: ‘‘I’ll worry about whom are being sent to Bosnia by our ican taxpayer. that tomorrow.’’ Furthermore, the President. In view of the dangers our The first is the mandated minimum shipbuilding provisions in this bill di- forces will meet in Bosnia and the acceptable price. This price will be es- rect work to specific shipyards without hardships their families will endure tablished by five independent experts a clear industrial base requirement, during the holiday season, it is incred- who shall consider: all equipment and which undermines the cost-saving po- ible to believe that many would put facilities to be included in the sale, the tential of competition. politics above the interest of the Na- estimated quantity of petroleum and The ballistic missile defense provi- tion. natural gas in the reserve, and the net sions in the conference report also go I point out just a few of the provi- present value of the anticipated reve- well beyond the Senate-passed com- sions beneficial to the Members of our nue stream that the Treasury would re- promise on this issue. That com- Armed Forces and their families. This ceive from the reserve if the reserve promise, which was still farther-reach- is not all of them, this is just a few I were not sold. The Secretary may not ing that I and other Senators would am going to mention. set the minimum acceptable price have preferred, would have moderated The full military pay raise, if you below the higher of the average of the the rush to build and field untested kill this bill, they will not get the pay five assessments; and the average of ballistic missile defenses on an acceler- raise; increase in quarters allowance, three assessments after excluding the ated schedule that could undermine on- that is badly needed; authority to pay high and low assessments. going efforts to further reduce Russian a family separation allowance to geo- This requirement ensures that the nuclear weapons reduction efforts. The graphically separated families. This is minimum acceptable price has to be at conference report language again important; authority to pay enlisted least as high as what the Government raises concerns that far more cost-ef- airmen hazardous duty incentive pay; would receive for these reserves if any fective defensive measures, which re- authority to pay dislocation allowance other course of action is taken includ- duce the threat by reducing numbers of to those forced to move as a result of ing the establishment of a Government weapons, have been undermined, there- base closure; increase specialty pay for corporation, the leasing of the re- by increasing the threat by possibly ig- recruiters; automatic maximum cov- serves, or the continuation of the cur- niting a new arms race. There is no erage under the Servicemen’s Group rent operation of the field. current need that warrants accelerated Life Insurance; cost of living COLA eq- The second key clause is the author- spending on ballistic missile programs. uity for military retirees; ity to suspend the sale. This clause This bill also provides $30 million to Reserve components initiatives: Au- gives the Secretary the authority to restart the anti-satellite [ASAT] pro- thorized a reserve component dental suspend the sale of NPR–1 if the Sec- gram, a program that had been termi- insurance program; and established an retary and the Director of OMB jointly nated even during the cold war. Mr. income insurance program for reserv- determine that the sale is proceeding President, we should not be renewing ists who are involuntarily mobilized. in a manner inconsistent with achieve- efforts to restart an arms race in space. Mr. President, all of these are good ment of a sale price that reflects the The United States, which is so depend- things. These are things the service- full value of the reserve; or a course of ent on satellite-transmitted commu- men want. These are things the sol- action other than the immediate sale nications for civilian and military op- diers want. You kill this bill, you will of the reserve to be in the best inter- erations, should be an arms control destroy all this. During the Senate- ests of the United States. leader in the space arena. House conference that considered the Mr. President, these two clauses es- Mr. President, because of these and fiscal year 1996 defense authorization sentially mean that NPR–1 cannot be other policy issues contained in the bill, we conducted bipartisan negotia- sold unless the Government gets a conference report, I cannot support it. tions with members of the Senate price for the field that exceeds the I understand that the Secretary of De- Armed Services Committee, the House value that would be achieved by any fense has recommended that the Presi- of Representatives Committee on Na- other option, and that the entire sale dent consider vetoing it, and I concur tional Security, and included rep- proceed in a manner that is in the best in that recommendation, although I re- resentatives of the Department of De- interests of the United States. S 18842 CONGRESSIONAL RECORD — SENATE December 19, 1995 The sale will provide an estimated for those things, whether they are in I have been in the Senate, some 21 $1.5 to $2.5 billion to the Federal Treas- this bill or not. So that will take care years. It started clear back in 1978, ury. This does not include the several of some of those concerns. with the Nuclear Nonproliferation Act hundred million dollars that the Gov- But, having said that, it is with much that I was the author of. ernment will receive in increased tax regret—it really is with regret—I find I Fortunately, here, too, the adminis- revenues. What is more, the Govern- must oppose this year’s authorization tration deserves some credit for its ef- ment will save about $1 billion in oper- conference report. I never before in all forts on behalf of the START II treaty ating costs over the next 7 years. the time I have been in the Senate which the Senate should vote to ratify Mr. President, the sale of these re- have opposed authorization and appro- very soon. The START II treaty will serves was initiated—and I want to re- priations bills for defense and I very substantially reduce the nuclear stock- mind my friends on the Democratic much regret that I had to this year. I piles of the United States and Russia, side of this—by the administration, voted against the Senate version of and will eliminate altogether not just and, in fact, the administration has this bill and gave my reasons here on the last of Russia’s heavy nuclear come out in support of this provision. the floor and had hoped the bill could ICBM’s, the SS–18, but will also elimi- We have worked in a very bipartisan be improved in conference. Unfortu- nate the most destabilizing weapons, manner to draft this provision so as to nately, I do not believe that is the land-based ICBM’s with MIRV’s, the incorporate the maximum safeguards case. I believe the bill is not as good as multiple independently targeted nu- possible. I hope that we can continue the Senate bill that we sent to con- clear warheads. These are known as this bipartisanship and vote to approve ference. So, for the first time in over 2 MIRV’s. the conference agreement which in- decades, I will vote against a defense cludes this provision. authorization conference report. Let In achieving these goals, America So, our Government is thoroughly me just enumerate some of the reasons will take a long step in fulfilling its protected under this bill in the matter why. key arms control obligation under the of the petroleum reserves. One of the top items in my esti- NPT. Yet, START II does not deserve Mr. President, I yield the floor and I mation is that the carefully-crafted to be ratified just because it is consist- reserve the remainder of my time. ABM language in the Senate bill, ent with America’s clear international Mr. GLENN. Mr. President, how which we worked on very hard, and was obligations under the NPT. much time do I have? only marginally supportable for many The real reason all Americans should The PRESIDING OFFICER. The Sen- of us in the first place, has been made support the START II treaty is the ator has 30 minutes. unacceptable. That is a very, very im- most basic one. It serves the national Mr. GLENN. Mr. President, I yield portant item. This involves our balance security interests of our country. It myself such time as I require. of missiles around the world, and the serves our interests. I rise today to offer some remarks conference report at the very least concerning the Department of Defense Amid all of this progress on the NPT gives the appearance that the United and START II fronts the new majori- conference report now being considered States intends to unilaterally violate by the Senate. ties of the Senate Armed Services the ABM Treaty. Committee and the House National Se- I join Senator NUNN in his comments On August 2, 1995, I discussed at some curity Committee have inserted lan- earlier today on the Senate floor here, length my concerns over the version of guage into the current defense bill that in complimenting our committee the fiscal 1996 defense bill that was will put America on a path, as I view chairman, Senator THURMOND, the voted out of the Armed Services Com- it, out of the Anti-Ballistic Missile staffs, and those who have worked a mittee. In that statement I described Treaty. This treaty prevents both the long time on this bill. several problems with the bill’s lan- United States and Russia from deploy- I do not like to see charges of par- guage on ballistic missile defense. Be- ing a national missile defense against tisanship leaking into this year’s de- cause the bill before the Senate today, strategic nuclear attack, and in doing bate because I have been a Member of I very much regret to say, does nothing so the treaty has helped to lay the the Senate for some 21 years, a member to alleviate my concerns on this cru- foundation for these deep cuts in the of the Armed Services Committee since cial issue—and I do term this a crucial nuclear stockpiles. Furthermore, the 1985, and I have not always agreed with issue—I must rise to speak, once again, treaty itself is holding down the enor- every line-item spending decision or against this ill-advised language. every word of legislation included in March 5 of this year marked the 25th mous costs of maintaining the U.S. nu- past defense authorization and appro- anniversary of the entry into force of clear deterrent. The lack of a Russian priations bills during my tenure here. the Treaty on Nonproliferation of Nu- defense against strategic United States Mr. President, I have supported those clear Weapons, better known as the nuclear missiles means that we can ac- measures without regard to who con- NPT. Thanks to some good diplomatic complish much more with less. If Rus- trolled the Senate or who controlled work by the Clinton administration, a sia is permitted to deploy a defense the White House. I can say that with- task made all the easier by the good against such missiles, as it would if the out any qualms of conscience whatso- basic sense of the diplomatic objective, ABM Treaty should collapse, we will ever. What I have worked for here is the United States succeeded in achiev- end up having to spend a whole lot what is best for the United States of ing its longstanding goal of securing more for a whole lot less security. America and what is best for the secu- unconditionally the unlimited exten- I have no doubt that Russia’s politi- rity of the United States of America sion of this treaty. No more of the 5- cal, military, and parliamentary lead- and our interests all around the world. year things, where the NPT review had ership will view the language in this I understood in the past that I would to meet every 5 years and decide bill as an assault on the ABM Treaty. not agree with every item, but overall whether we are going to go ahead with It is an action which would only create these bills have included, on balance, something like a nonproliferation trea- new incentives for Russia to reassess, more positive aspects, so I could go ty. This year the United States took or even abandon, its arms reduction ob- ahead and vote for them. the lead in pushing for, and was suc- ligations under START II. How the Much has been made of the fact that cessful in getting unconditionally, the Congress could be seriously considering this bill does have some very, very unlimited extension of this treaty. pulling America out of the ABM Treaty good things in it with regard to pay, That was a major step. given the likely reaction such a step with regard to housing, with regard to So, the primary purpose of that trea- would trigger in Russia is a mystery to aviation retention pay and some things ty is to curb the global spread of nu- me. It is a recipe for rekindling a stra- like that. I support those items fully. I clear weapons. Article VI of the treaty tegic nuclear arms race. Surely, the think we can still get those passed, commits the United States and other gains to U.S. security by retaining a even if this bill were not approved on parties to make good-faith efforts re- strong U.S. commitment to the ABM the floor. I am already a cosponsor of lating to what the treaty calls the Treaty override any gain from the an amendment to the continuing reso- ‘‘cessation of the nuclear arms race,’’ costly and dubious missile defense lution that is being proposed to provide something I have fought for ever since scheme offered in this bill. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18843 Specifically, the bill requires deploy- tion—the State Department funds are to enhance its intelligence capabilities, ment of a national missile defense sys- being chopped back so that even fewer both analysis and collection; to tem by a fixed date. I repeat that. It re- resources will be available for the pur- strengthen export controls, both li- quires the deployment of a national suit of diplomatic measures aimed at censing and enforcement; to implement missile defense system by a fixed date. halting nuclear and missile prolifera- sanctions, both to punish and to deter; Let me tell you how ludicrous that is tion. Many in this new majority con- to ensure that our diplomats have the just on the surface. The system has not tinue to seek the elimination of ACDA, resources they need to roll back these been invented yet. Yet, we require that the Arms Control and Disarmament programs; and, to ensure the readiness these scientific breakthroughs that Agency, which has worked hard over of U.S. forces that are deployed abroad would let us even put up a missile de- the years to strengthen U.S. policies in to defend themselves against tactical fense system that would be halfway ca- just these areas. missile attacks? Yes to every one of pable have not even been invented yet, In their zeal to inveigle our country the above, especially the last. and, yet, we are requiring a date cer- out of the ABM Treaty, the new major- I want to see our defenses for our tain for it to be deployed. ity continues to tout an alleged missile frontline troops, and those who may be It requires the deployment of ABM threat from what they call rogue na- in a combat’s way, protected against systems that are not permissible under tions out there lurking somewhere in the tactical missile attacks. the current treaty. It includes a unilat- anticipation of launching ICBM’s But, nevertheless, I remain an opti- eral definition of ABM systems that against targets in the United States. mist. I am hopeful that the new major- can be developed in a treaty. The This whole rogue nation argument is ity will someday come around to the Chairman of the Joint Chiefs of Staff, simply an old-fashioned red herring. It view that Star Wars is not the panacea General John Shalikashvili has warned a distraction from actions that are to proliferation. Indeed, a Star Wars we that such a statutory definition could really needed to strengthen our na- have yet to invent cannot be placed in jeopardize the prospects for early rati- tional defense. Indeed, rogue nations place by a certain time because we fication of the START II treaty in Rus- may pose less of a threat to us than have not invented all of it yet. We sia and negatively impact our broader rogue defense bills like some of the know from our star wars experience be- security relationships with Russia. provisions in this one that we have fore that it is a bigger problem than The missile defense language in this here today. anybody thought it was going to be bill will lead not only to massive ex- I have noted several times the testi- back in those days. penditures on missile defense systems mony before the Select Committee on When they do, I will be ready to work that will never prove to be 100 percent Intelligence, of which I am a member, with them to get our nonproliferation effective but will eventually lead to of the former director of the Defense and arms control policies back on even more massive expenditures—not Intelligence Agency, Lieutenant Gen- track. Judging from the content of this just of public funds, but also of diplo- eral James Clapper, on this missile bill before us today, that day has clear- matic capital, I might add—on offen- threat. He stated last January that ly not arrived. So I remain firmly and sive nuclear weapon capabilities. We ‘‘We see no interest in or capability of unalterably opposed to this misguided will need to deal with a Russian strate- any new country reaching the con- missile defense legislation. I urge all gic missile defense system. Whether tinental United States with a long- my colleagues to join me in pressing one looks at the budgetary, or the stra- range missile for at least the next dec- this opposition for as long as it takes tegic implications of this language, the ade.’’ to restore some sanity to this program. results of such an examination I just In correspondence dated December 1, Mr. President, I note for my col- think can only be termed ‘‘foolish- 1995, the CIA informed Senators LEVIN leagues that in my view this language ness.’’ and BUMPERS that the missile threat as I would like to work with the new is reason enough alone to oppose pas- identified in this bill was overstated. majority on the Armed Services Com- sage of the conference report. There Though I fully agree with the CIA as- mittee to address missile threats in a are other reasons as well. This bill had way that does not destroy the ABM sessment, the agency could well have $7 billion added above and beyond what Treaty. But I see little indication on gone further by noting that, contrary the administration requested—one of this bill, or elsewhere, that the major- to a popular belief, missiles are not the main reasons why I voted against ity is interested in investing in preven- proliferating in the world today. In- it going in, before it went to con- tion of missile proliferation. Instead, deed, in some important respects there ference. they want to pour out pounds or mega- has been a decline in certain types of If that money had gone to operation tons of fallacious cures. What the ma- missile proliferation threats. Over the and maintenance accounts where it is jority should be proposing are new years, we have seen the elimination of needed, if it had gone to pay all of our measures to prevent missile prolifera- long-range missile programs in Brazil, bills from peacekeeping operations al- tion from occurring in the first place Argentina, and South Africa. The Iraqi ready passed, which is somewhere as opposed to shelling out tax dollars missile program has been destroyed. around $2 billion, if it had gone for pro- on sophisticated hardware and software Egypt’s efforts to build a long-range grams like that and things that we to deal with—or, more accurately, pre- missile program has been terminated, really need, depot maintenance, things tend to deal with—the problem after and nobody seriously believes that like that where we are behind and did the fact. As I see it, this is a solution Libya will have an ICBM capability not have adequate budget provided, out looking for a problem because we any time soon. In the INF Treaty, the then I would not have objected. I would do not have all the threats from abroad United States and Russia agreed to have said fine, we needed that and the that we used to have. I will go into eliminate a whole class of missiles, and administration should have requested that in just a few moments. the START treaties have cut back sub- it to begin with. But that is not where Congress’s new majority is proposing stantially the numbers of nuclear the added $7 billion additional went. nothing, for example, to ensure that ICBMs. When looking at missile pro- One-half a billion dollars is U.S. missile proliferation sanctions are grams that remain in the Middle East, unrequested and unwelcome B–2 fund- strengthened and implemented in a South Asia, and East Asia, it is obvious ing that can be used to start new pro- manner that serves as an effective de- that there is a global missile prolifera- duction and was brought back from terrent to proliferation. I see nothing tion threat that must be addressed. In- conference, and another one-half a bil- to indicate a new effort to strengthen deed, we could soon be witnessing ro- lion dollars was added to the national export controls—for example, some- bust missile races in at least two of missile defense account. These two thing I have long advocated and put in these theaters, if they are not under- funding decisions are merely legislation and had passed—or to en- way already. downpayments on huge programs in courage measures to strengthen the But do these developments justify a the outyears. And they make a mock- MTCR, the Missile Technology Control U.S. walkout from the ABM Treaty? Of ery of the desire to balance the budget Regime. course, not. On the contrary, we should and eliminate deficit spending. We Meanwhile, in this—what I view as a ask the following: Do these develop- have part of the Government shut meat-ax approach to budget reduc- ments justify an increased U.S. effort down here arguing over the budget, S 18844 CONGRESSIONAL RECORD — SENATE December 19, 1995 whether we are going to be able to get requested by the Pentagon, not re- port now requires it to be sold. So it is a balanced budget. Then we have add- quested by the administration, yet dropped out of one report, the rec- ons like this for things that were not they are add-ons. Who benefits? Whose onciliation bill, but kept in this au- needed at all, and they are district? Whose States benefit? How did thorization conference report and re- downpayments on huge programs in those get into this conference report quiring that it be sold within 1 year. the outyears. when the administration did not want That is what made this thing really un- If these programs alone go forward, them, at least not in this year’s budget acceptable: It required that it be sold the funding contained in this con- plan of how we are going to spend our within 1 year. ference report represents a commit- increasingly scarce defense dollars? The conference report undermines its ment to many, many more billions out Mr. President, I have supported add- own so-called safeguard by creating a there in the future. I think just the na- ons where they make sense in the past, buyer’s market for the reserve, not an tional missile defense program in the and I would have supported some of the environment conducive to obtaining outyears requires outlays by one esti- add-ons in the conference report, but the best deal for the seller, the Amer- mate of at least $43 billion, if we carry the magnitude of the add-ons, the mag- ican taxpayer. it out as it has been spoken of. I cannot nitude of all of these—just one of them At the same time, the conference re- support wasting precious taxpayer dol- is not enough to sink this bill, but you port adds earmarked funding for pro- lars on the B–2, for instance, that is put them altogether, the add-ons and grams of which there is a questionable well over half a billion a copy. That is the solely parochial rationale support- requirement, the conference report taking out even all of the sunk costs of ing some of them, it is impossible to takes a $450 million cut in the account the past. And we know that every time support this conference report. that funds cleanup of our nuclear weap- we have made an estimate in the past The conference report does not stop ons complex, a requirement which I on the B–2 it has gone up. One of the at spending too much on programs that view as a moral as well as a legal obli- estimates was above half a billion per we either do not need now or do not gation. That is one that I feel very copy. It is around $650 to $700 million need at all. This bill marks the return strongly about. The cleanup is required right now, if you figure all the costs of widespread earmarking in the au- because we started back about 1985 that have to go into hangars and things thorization process. That is where you with a report that I got into, or asked like that for each airplane that is pro- have a requirement for a certain air- the GAO to do on the Fernald part of duced. craft or a certain item being purchased the nuclear weapons complex, and at The plane is an aerodynamic wonder. but it also specifically words things in Fernald we found out there were lots of It truly is. I had the pleasure of going a way that it has to be spent exactly problems. I asked for studies of other out and flying it not long ago. It is one where they want it spent in a certain places around the nuclear weapons that has cleared the hurdles that we in person’s district or a certain person’s complex and now have a stack of GAO the Armed Services Committee put in State. reports probably 31⁄2, 4 feet high to make sure that this unique airplane The unpalatable earmarking of close through the last 10 years that have would indeed pass all of its aero- to $800 million that was included in the outlined this problem, going from a nu- dynamic tests. It does not have a rud- Senate for reserve component equip- clear cleanup cost estimate back in der up there. You never see a vertical ment has been expanded and now the those days of $8 to $12 billion for every- surface on that airplane. It meets all bill contains additional earmarking in thing to now up to around $200 to $300 the different aerodynamic require- the shipbuilding and ship repair ac- billion over a 20-year period, if we can ments in how you control it, and it is counts. figure out how to do it. Yet, we reduce an aerodynamic marvel, I can guaran- Earmarking, Mr. President, is a prac- funding for it in this year’s bill. tee you that. It flies beautifully. But tice that the Armed Services Commit- On what we might term social issues, when you put between half a billion tee has in the past worked tirelessly to this conference report, I believe, should and $1 billion per plane, it just is too weed out of its bills. And through the be opposed. It prohibits service mem- much. years I think we have been reasonably bers and dependents from obtaining Once again, I would say what we have successful in getting some of that ear- abortions paid for with private funds provided here is something that is not marking wiped out. In the end, those and just using military medical facili- required, not necessary, and is another efforts even impacted the appropria- ties, except in the cases of rape, incest, solution looking for a problem. We tions bills which a few years back or where the life of the mother is in have bombers that the Air Force has stopped earmarking the reserve compo- danger. said are adequate when we combine nent equipment accounts. And iron- If you are a female member of the what we have with the B–2’s already ically, the appropriators for the most armed services or a wife stationed produced or provided for and the B–1’s. part chose not to earmark their bill somewhere overseas, you may not have Those give us enough bomber capabil- this year, and it is the authorizers now the option of going to outside facilities ity to meet any threat we see right that have loaded up our bill with so as good as you would have if you were now. much pork that I referred to it one day home in the United States. In the past, Overall, the funding level in this con- on the Senate floor as an ‘‘agriculture we have permitted cases of abortion ference report is too high and the bulk bill’’ because it has so much pork in it. where it was paid for with private of the funds will be spent in the pro- Mr. President, another remarkable funds but using the military medical curement accounts, not on items re- provision in the conference report re- facility. That is prohibited now with quested by the Pentagon, not on re- quires the sale of the Naval Petroleum this legislation. quirements of the President’s request Reserve. When this issue came up dur- The conference report also discrimi- that he sent to us but on items built in ing consideration of the Senate bill, nates against HIV-infected service members’ home districts. many of us disagreed with requiring members by requiring their discharge. Now, the conference report author- the sale of this money-making asset, These are just some of the issues that izes the purchase of items not re- but we were bound to sell the reserve have been attributed to my decision to quested such as purchase of F–15’s. by reconciliation. In light of that rec- vote against this conference report. Well, who does that benefit? The pur- onciliation mandate, the committee I would like to comment for a mo- chase of F–16’s. Who does that benefit? worked to put safeguards in place in ment on the process that led up to the The purchase of extra F/A–18’s. Who the authorization bill to make sure the conference report. does that benefit? The purchase of American taxpayer got the best pos- Mr. President, this conference lasted extra C–130’s. The purchase of extra C– sible return on the sale of this asset. for something close to 95 days. Con- 21’s, Lear jets, not requested by the What is remarkable about the con- ferees met at the panel level for 2 Pentagon. These were add-ons. At a ference report with regard to the petro- weeks—the panel level now, the sub- cost of an additional $1.6 billion, the leum reserve also, it was dropped out of committee level—before being dis- conference report also authorizes the reconciliation. We would no longer be solved with outstanding issues still to procurement of the LPD–17, the LHD–7 forced to sell the reserve but for the be considered at the full conference and an additional DDG–51, all three not fact the authorization conference re- level. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18845 From the time the panels were dis- ment proposals. I even introduced a bill year authorization for the use of solved, nearly 3 months ago, until the myself on behalf of the administration, streamlined procedures for the pur- committee members were informed S. 669, the Federal Acquisition Im- chase of unmodified commercial items last week that agreement on all issues provement Act. Although I did not sup- under $5 million. This should reduce had been achieved, the conferees met port every item in that bill, I am the burden on contractors and shorten one time—just one time—and that was pleased to say that some of the better the deadlines and time it takes the not for the usual purpose of conferees concepts have been included in this government to acquire commercial meeting. The purpose of that one meet- year’s acquisition reform package. items since less time is needed to pre- ing was to give the outside conferees Before I talk about the substance of pare an offer. We also authorized the the opportunity to express their views. the bill, I want to say a word about the waiver of most statutory requirements The other committees that were in- process that has been used to reach for government contractors when we volved in some way that were per- this end product. As with many bills, a purchase off-the-shelf commercial mitted the courtesy of coming in and vehicle is often sought for expedient items, because it is impractical and in- giving their testimony to the con- passage. This year, the vehicle for gov- appropriate to routinely apply govern- ferees, and that was the purpose of the ernment-wide acquisition reform is the ment-unique requirements to ordinary one meeting. DOD authorization bill. I want to be commercial items that may be pro- So when the panels dissolved, many, very clear when I say that I do not ex- vided from a commercial assembly line many issues remained unresolved, and pect this to set a precedent for future or over the counter. We also define off- the Senate conferees were never con- acquisition reform discussions. Though the-shelf commercial items and refine vened to discuss strategy for retaining most of these changes will also apply the definition of commercial services. Procurement integrity was an issue important Senate positions, like the to the Defense Department, it was not which was left unresolved last year by ABM language or funding for the B–2, my preference to enact government- FASA with an agreement to take it up positions that were strongly supported wide changes on a DOD bill. Expedi- this year. We have streamlined these by the Senate as a whole. ency in legislating does not always provisions to prohibit the improper dis- In the case of the ABM language, we produce the best results. closure of inside information, and in- had an overwhelming vote on the floor However, once the decision was made cluded a recusal provision which would of the Senate, and the Senate position to go this route, we have worked hard provide a statutory basis and statutory on B–2 funding was the result of a roll- to make the best of a less than favor- enforcement for ethics regulations al- call vote taken in committee. Dialog able situation. A staff-level working ready in place, and a limited revolving at the conferee level may have changed group in the Senate spent several door provision, which would prohibit the outcome on some of the items that months scrutinizing each and every certain agency officials from going to were given up to the House. proposal to identify the most useful work for a contractor for 1 year after Before concluding my remarks, Mr. and most needed provisions. Even certain involvement with certain con- President, for the record, although I do though the Senate had only two sub- tracts. not support and will not vote for the committee hearings, we have done the In the area of protests and dispute conference report, I certainly do sup- best we could to consider opinions from resolution, repeal of the infamous port the acquisition reform provisions interested parties however possible—by Brooks ADP Act consolidates adminis- contained in this legislation and hope phone call, mail or meeting. And even trative protests in the General Ac- we can attach those to some other without the formal medium of a hear- counting Office [GAO]. I am very piece of legislation if this bill should ing, we tried to consider as many view- pleased with this solution. fail. points as possible, and I sincerely hope I recognize that a protest is intended Should this legislation be enacted, at that no one feels excluded from this to be an action brought on behalf of least acquisition reform provisions can process. and in the best interest of both the help make a better and more effective With that said, I am pleased to sup- government and the taxpayer, making Government. Should the conference re- port, with one exception, the end prod- sure that both get the best deal. How- port fail to be enacted, I hope we can uct of what I consider an effort to build ever, it seems to have gotten to the find a way to enact these procurement upon the acquisition reforms we initi- point where agencies routinely build reforms by some other vehicle. ated last year in FASA. The one excep- time for protests into major procure- Mr. President, I would like to take a tion is the proposed changes this bill ments from the start, because compa- few minutes to speak about some of the makes to the recoupment laws which I nies often proceed with a protest if better points of the conference report do not consider to be part of acquisi- they lose out on a contract, regardless for the fiscal year 1996 DOD authoriza- tion reform. I cannot support this of the government’s explanation for tion, specifically, divisions D and E on change. their loss of that contract. Because acquisition reform and information I would like to take a moment to every major procurement or program technology management, respectively. highlight a few of the more significant seems to generate its own flurry of pro- As you know, Mr. President, last changes being made to procurement tests, I strongly prefer the GAO as the year, the Congress passed the Federal law and explain my position on administrative forum of choice where Acquisition Streamlining Act, known recoupment. the process is less formal, less costly, as FASA, the first major piece of pro- In the area of competition, the Sen- and less judicialized. curement reform legislation in a dec- ate steadfastly refused to alter the cur- I also recognize that GAO does not ade. Passage of FASA constituted a rent definition of full and open com- have the authority to issue binding de- critical victory in the war against gov- petition, found in the Competition in claratory judgements and that its deci- ernment inefficiency. It is a com- Contracting Act of 1984 [CICA], despite sions are merely recommendatory. prehensive government-wide procure- a House proposal to the contrary. but There are very few instances where the ment reform effort aimed at streamlin- to ease the burden on contractors, both agency has not followed a GAO rec- ing the acquisition process by reducing large and small, who expend large ommendation, however, and in those paperwork burdens through revision amounts of money to compete for con- instances, the agency must account to and consolidation of acquisition stat- tracts which may never be awarded to Congress for its actions, preserving the utes to eliminate redundancy, provide them, we have instead authorized the Congressional oversight role. consistency, and facilitate implemen- use of two phase competitive proce- Among other things, we have also tation. dures for certain construction con- severed the linkages between the suc- Now, I do not think anyone expected tracts and allowed contracting officers cessful implementation of a Federal a second comprehensive round of re- to limit the competitive range of Acquisition Computer Network and the forms to follow so closely after FASA, offerors to those who are judged to be FASA-authorized simplified acquisi- especially while we were awaiting the best qualified. tion threshold and pilot programs; re- new regulations, but with the dawn of In the area of commercial items duced the number of certifications re- the 104th Congress, we saw a prolifera- where a lot of work was begun last quired of contractors; delayed the im- tion of new and revitalized procure- year with FASA, we have created a 3- plementation of FASA’s cooperative S 18846 CONGRESSIONAL RECORD — SENATE December 19, 1995 purchasing program until after a GAO is recognized for an additional 5 min- for 5 additional minutes. I ask unani- study has been completed and re- utes. mous consent that our side have 5 addi- viewed; required agencies to conduct Mr. GLENN. Mr. President, to sum- tional minutes. cost-effective value engineering pro- marize some of the President’s budget The PRESIDING OFFICER. Without grams; established requirements for request, there was an additional $5.2 objection, it is so ordered. the civilian acquisition workforce; au- billion added, basically, to the follow- Mr. GLENN. Mr. President, reserving thorized a demonstration project for ing accounts: the right to object, and I do not plan to personnel management in the DOD ac- Army aircraft, $336 million added; object, I intended that the 5 minutes quisition workforce; and amended the Missiles, $189 million added; come out of our allotted time, not 5 OFPP Act to eliminate obsolete and Wheeled and tracked combat vehi- minutes added on to the debate. unnecessary provisions. cles, $357 million added; The PRESIDING OFFICER. Without Division E of the DOD bill, originally Other procurement, $506 million objection, the additional 5 minutes al- Senators COHEN and LEVIN’s informa- added. located to the Senator from Ohio will tion technology management reform In the Navy: be deducted from the time on the mi- bill, will reform the way the Govern- Aircraft, $686 million added; nority side. ment both buys and manages its infor- Weapons, they subtracted $127 mil- Mr. THURMOND. If the additional 5 mation technology systems. This sec- lion on that one; minutes he received is going to come tion of the bill will not only force agen- Ships, added $1.6 billion in ships that out of that time, then I will not ask for cies to take a more strategic view of were not requested; 5 additional minutes. I just wanted to their information assets and enhance Ammunition, plus $430 million; be sure each side had the same number up-front planning, it will give the Gov- Other procurement, $18.6 million. of minutes. ernment the tools it needs to keep up In the Air Force: The PRESIDING OFFICER. The Sen- with the rapid pace of technological Aircraft, added $1.2 billion; ator from South Carolina. change in the information arena. It Missiles, cut $709 million; Mr. THURMOND. Mr. President, I will also add to the information re- Ammunition, added $343 million; rise to address the central objection sources management reforms of the Pa- Other procurement, minus $536 mil- raised by certain Members and the ad- perwork Reduction Act of 1995, of lion. ministration against this conference National Guard had $777 million which I am a co-author. Hopefully this report concerning ballistic missile de- added, most of it earmarked. will lead to a substantial reduction in fense. Specifically an additional $212 mil- the number of horror stories we hear The administration has argued that lion for six more F/A–18’s; every year about information systems we do not need and cannot afford a na- An additional $1.4 billion for the that are late, over budget and do not tional missile defense system. This is a work. LHD–7; An additional $974 million for the debatable point and everyone is enti- Finally, as I stated earlier, there is tled to their own view. But the admin- one provision that has been included as LPD–17; An authorization for 3 DDG–51’s istration has also claimed that the acquisition reform, but which I exclude NMD system called for in this con- from this category. This provision— while only providing the money for two; ference report would require the United which I cannot support—would essen- States to unilaterally abrogate or vio- tially eliminate the requirement to re- An additional $493 million for B–2 with no limitation on how those funds late the ABM Treaty. This assertion is coup R&D costs paid by the U.S. on for- simply false. eign arms sales. Even though the Sec- can be spent, including new production, which could be the decision later on. Over the last several months, the ma- retary of Defense will be given author- jority conferees engaged the adminis- ity to waive the recoupment fees only That language was fought over in the conference, I understand. tration and the minority conferees in a under certain circumstances, I am just detailed negotiation to ensure that all not convinced that these changes are It also had an additional $311 million for F–15E’s; legitimate concerns having to do with necessary, narrow as they may be, even the ABM Treaty, the START II Treaty, if corresponding reporting require- And an additional $159 million for F– 16’s. and the President’s prerogatives in the ments were added. The U.S. is already area of arms control were addressed very competitive in world arms mar- So, Mr. President, I support some of and resolved. This negotiation pro- kets; new incentives are unnecessary. the good things I think were in this duced the ballistic missile defense pro- In the past, I have opposed other initia- legislation, such as the military pay raise, the additional basic allowance visions in this conference report. tives to use government institutions or Unfortunately, once these concerns government funds to underwrite for- for quarters and aviation retention were addressed, the administration eign arms sales. Given our current pay. I hope that we can put those on to moved the goal line and changed its de- dominance of the market, further en- other legislation. I am the cosponsor of mands. At the last moment, the White couragement of foreign arms sales is legislation to do that. House made it clear that even if we re- neither necessary nor desirable. For all the above reasons and more, I Mr. President, it is easy to see that regret for the first time I will not be solved all concerns having to do with even after FASA, we have continued to able to vote for a conference report on the ABM Treaty they would oppose address more difficult and complex is- this. I do regret it very much. I know this conference report over a simple sues with this second round of acquisi- how hard the chairman, Senator THUR- commitment to deploy a national mis- tion reform. Although I do not support MOND, has worked on this and how sile defense system, even if that system and will not vote in favor of the DOD much he wants this. I do wish very were fully compliant with the ABM conference report, I am glad that, if it much that I could support this, but I Treaty. passes, at least the acquisition reform find that I just cannot, for all the rea- Let us be clear about the administra- provisions can help to make a better sons given above. tion’s reasons for opposing this con- and more effective government. And if I reserve the remainder of my time. ference report. The administration op- the conference report does not get en- The PRESIDING OFFICER. Who poses any National Missile System; acted, I hope some way can be found to yields time? they argue that there is no threat and enact these procurement reforms in an- Mr. THURMOND addressed the Chair. that we cannot afford one anyway. other context. The PRESIDING OFFICER. The Sen- Ironically, the administration is will- The PRESIDING OFFICER (Mr. ator from South Carolina. ing to spend hundreds of millions of COATS). The Senator’s time has ex- Mr. THURMOND. Mr. President, I dollars each year on a National Missile pired. yield myself as much time as may be Defense Technology Program that is Mr. GLENN. Mr. President, I ask needed. specifically designed never to lead to unanimous consent for an additional 5 The PRESIDING OFFICER. The Sen- deployment. What we are saying is at minutes. ator from South Carolina is recognized. that level of investment we ought to The PRESIDING OFFICER. Without Mr. THURMOND. Incidentally, the get something real in return—an ac- objection, it is so ordered. The Senator distinguished Senator from Ohio asked tual deployed system. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18847 On the subject of the threat, there is fense authorization conference report Armed Services Committee, for his ex- no doubt that there is an existing and and cite provisions that articulate the cellent work on this legislation, his expanding threat to the United States administration’s stated policy. dedication, his perseverance. There from ballistic missiles. With Russian With regard to export controls, the have been many times during the proc- ICBM technology virtually up for sale Defense authorization conference re- ess of the development of this bill—in and with North Korea developing a port includes a provision that expresses the Senate Armed Services Committee, missile capable of reaching the United the concern of the Congress that it is on the floor of the Senate, in con- States, I do not see how one can argue in our national security interests to ference—when the hurdles looked like that there is no threat in sight. This is maintain effective export controls. Ad- they were unachievable, that we just just another excuse for doing nothing. ditionally, the conference report ex- were not going to be able to move for- To provide some context, I urge Sen- presses its deep concern that the ad- ward to the next issue or move the ators to look back at the Missile De- ministration has lowered restrictions whole bill. But in each instance along fense Act of 1991, which was a biparti- on a number of dual-use items and the way, the Senator from South Caro- san effort. The 1991 act called on the technologies with defense capabilities. lina has insisted that we work to- Secretary of Defense to deploy a Na- The conference report would require gether, between the members of the tional Missile Defense System in 5 them to evaluate licenses for the ex- Armed Services Committee, across the years, by 1996. In contrast, the con- port of militarily critical items that aisle, between the Senate and the ference report before the Senate today should be controlled for national secu- House, and between the Congress and gives the Secretary of Defense 8 years rity reasons; requires the Department the administration. It has not been to deploy a similar system. to review export licenses for biological easy. This is a big, important bill for What has changed since passage of pathogens; and requires a report on ac- the future defense of our country, and the Missile Defense Act of 1991 is that tions taken by the administration to we would not be here without the lead- the administration no longer wants to ensure that it is maintaining an active ership of our great Senator from South deal with the problem. I regret this and role in review export licenses in a num- Carolina. I commend him and thank I urge my colleagues to reject the arti- ber of areas, such as space launch vehi- him for the opportunity of being in- ficial arguments regarding the ABM cles, supercomputers, biological patho- volved in the process to move this leg- Treaty. There are many in the Senate gens, and high resolution imagery. The islation forward. Of course, I also want who want to see us abrogate the ABM conference report also makes rec- to thank the distinguished ranking Treaty. This conference report, how- ommendations to strengthen prolifera- member on the committee, the Senator ever, does not do it. tion regimes, such as the Missile Tech- from Georgia, Senator NUNN, for his co- Mr. President, I would like to re- nology Control Regimes. The con- operation and his being willing to point spond to a couple of remarks made by ference report also contains provisions out where there were potential prob- the Senator from Ohio. The Senator to strengthen the Iran-Iraq Arms Non- lems and to try to find solutions we from Ohio registered his support for ad- could live with. ministration success in securing the proliferation Act of 1992. Last, the Senator from Ohio men- Mr. President, when the Defense Au- unconditional extension of the Non- tioned his concern that the Defense au- thorization Committee began this con- Proliferation Treaty. He then went on thorization conference report does not ference in early September, Members to articulate his concerns with the bal- from the House and Senate worked for listic missile defense language in the contain enough funds to pay our peace- keeping assessments to the United Na- swift resolutions to issues of dispute defense authorization conference and between the two bills. While most con- the potential detrimental impact on tions. Mr. President, the Defense authoriza- ferences include issues which are dif- Russian ratification of START II. He ficult to negotiate, this conference also mentioned his concern about the tion conference report is not the appro- priate legislation to pay peacekeeping clearly was especially difficult in try- lack of concern by the new majority ing to work out an agreeable con- with regard to export controls and assessments, the appropriate legisla- tion is the foreign aid and foreign oper- ference report. Once the conference dis- other measures that would contribute cussions began, it was evident that to staunching the proliferation of ations appropriations bills. The Defense conference report before huge differences existed between the weapons of mass destruction. House and Senate conferees and the ad- Let me highlight provisions in the the Senate contains funds to pay for ministration. Chairman THURMOND, Defense authorization conference re- contingency operations in Iraq, which Chairman SPENCE, and countless other port which I believe the Senator would Secretary of Defense Perry asked for, Members, worked vigorously to try and agree supports his concerns. but was not included in the Defense With regard to START II, there are budget request. It also includes $50 mil- bridge the differences, and a substan- two provisions, one which expresses the lion for humanitarian assistance and tial compromise was required to re- Congress’ support for ratification and $20 million for humanitarian demining solve these issues. In fact, they were implementation of START II, and an- activities. Items which quite frankly achieved. We did reach a compromise, other provision expressing the Con- should be funded in the international and that is why we have this con- gress’ belief that the United States not affairs budget function, but which this ference agreement. That is the way all take any action to unilaterally retire committee has supported. conferences work. You always have dif- or dismantle systems until such time Mr. LOTT addressed the Chair. ferences between Republicans on the as START II is ratified and imple- The PRESIDING OFFICER. The Sen- Armed Services Committee—between mented by both parties. This is consist- ator from Mississippi is recognized. Democrats and between Republicans ent with the testimony by the Under Mr. LOTT. Mr. President, I would and Democrats, and between the Con- Secretary of Policy for the Department like to inquire about the amount of gress and the administration. That is of Defense, Walt Slocombe, before the time that I could have on this. Is the what happened here. After a lot of hard Senate Armed Services Committee dur- time under the control of the distin- work, we were able to achieve this con- ing its START II hearing this year. Let guished chairman? ference agreement. me quote Mr. Slocombe’s response to a The PRESIDING OFFICER. Yes. There were countless issues in this concern that I raised about premature Mr. THURMOND. I yield to the Sen- process that I felt strongly about. Sev- reductions to the U.S. strategic forces, ator as much time as he may desire. eral of them were resolved in a way Mr. Slocombe replied, Mr. LOTT. I think 15 minutes should that I do not particularly like. But the greater good is involved here. I think . . . we will not begin the reductions nec- do it. essary to reach the START II levels until the The PRESIDING OFFICER. The Sen- this is a conference report I can sup- Treaty has been ratified, and we will ensure ator is recognized for as much time as port, should support, and I also think that the pace of our reductions are reason- he desires. the Senate should agree to. I under- ably related to the pace of Russian reduc- Mr. LOTT. First, Mr. President, I stand that there are feelings in the mi- tions. would like to commend and congratu- nority that maybe they were not con- It seems ridiculous to me that the late the distinguished Senator from sulted enough as we went along. I do administration would oppose the De- South Carolina, the chairman of the know that our staffs communicated S 18848 CONGRESSIONAL RECORD — SENATE December 19, 1995 and that as negotiations were under- reached in some of these areas, but it tions made by the administration, and way, our staff really worked hard to was a compromise. It was one where we even some objections that I thought keep the staff on the other side in- had strong feelings on both sides of the were not so legitimate. But we went formed. I do know that Senator THUR- aisle from the Senate that was dif- the extra mile. The conference report MOND worked with Chairman SPENCE, ferent from what the House wanted. resolves all concerns having to do with and I know he worked with Senator But we kept pushing and pushing, and the ABM Treaty, the President’s pre- NUNN. I had repeated conferences my- we finally got agreement between Sen- rogatives in the area of arms control self with Senator NUNN. He was very ators of both parties and House Mem- negotiations and Russian ratification tolerant in talking on the car phone bers of both parties. I would prefer not of START II. late at night and early in the morning. to have gone with the agreement that Unfortunately, after all of this, the I talked to Senator EXON about a vari- came up on those ships. But that is the White House is still threatening a veto, ety of issues in the conference, and I art of compromise. You give—some- and some of our colleagues are com- know that other Senators of both par- times a lot—and you get a little and plaining as if we did not address the ties talked back and forth. you come back another day and try concerns. Let me mention a few of the So while maybe it has not been a per- again. more specific things that were, in fact, fect process, we have learned from the There are those who say there are too done to meet these objections that process and we do have a result that I many certifications and reports re- were raised. think we should be able to live with. I quired by this bill. Should we not be First and foremost, the conference have listened carefully to the criticism getting certifications and reports from report contains a provision that is vir- on this final agreement. Some Mem- the Pentagon to the Congress? I tually the same as the Senate-passed bers do not believe they were fully in- thought the Congress in the past has language on TMD demarcation, which volved in the negotiations. Other Mem- felt very strongly that we need to be was specifically identified by the ad- bers just do not like some of the final kept informed. I think we did not go ministration as acceptable. Now, we results. I can remember, though, year too far there. had some problems in this area because in and year out when Senator NUNN There are some buy American re- I frankly had thought we could go and Chairman Aspin would convene the quirements for certain components in ahead and go with the identical Sen- big four to resolve differences in the this bill. We did not have it in the Sen- ate-passed language on demarcation, absence of the remaining members of ate bill. The House felt exceedingly and along the way it kept being the committees. There has been some strongly about it. We got them to changed to say, well, it is not identical complaint that there were not enough make some changes, some modifica- but virtually the same and that the people involved in the loop. But I do tions. I think that the requirements words mean the same. There was con- have a memory of how, not very long that are in here are livable. Would it be cern on the other side about that. The ago, the big four finally got down to better if we did not have them? I guess, language we wound up with, the admin- the big issues and met, and if the big maybe so, although I think there are a istration specifically identified it as four could not resolve the final prob- lot of people in this country who won- acceptable and not a problem. So, I as- lems, the chairmen met to make the der why we should not have some re- sume, then, there is no problem with final call—perhaps Chairman NUNN and quirements that key components be the TMD demarcation. The House- Chairman DELLUMS. So there is noth- bought in America. After all, these are passed demarcation language, on the ing really different in the way we pro- U.S. tax dollars. Why should we not re- other hand, has been singled out as ceeded this time. quire some critical systems to be man- veto bait. Thus, on the single most So we need to distinguish between ufactured in America? I think it is dan- controversial BMD issue in conference, unhappiness over the process and dis- gerous to allow U.S. companies to go the administration got what it asked agreements over what the right an- under—requiring us to buy critical for. swers are on the policy questions in- components from sources outside this Equally important, the conference volved. I agree that the process can al- country. I also think it involves jobs in contains language on national missile ways be improved. But opposition America. But, this is a very small re- defense that resolves concerns that we should not be raised against this bill quirement in this particular bill. might have about setting up antici- because of objections to the way the Also, one objection I have heard is patory breach of the ABM Treaty by conference was conducted. that they do not like the language on requiring deployment of a multiple-site This bill will serve as a roadmap for U.N. command and control. Now, I NMD system by a date certain. The meeting America’s national security want the Senate to think about that. conference report does not contain the needs in the future. This bill will guide Are you really, really, comfortable multiple-site requirement which was the Department of Defense in its re- with an arrangement that would put even in the Senate-passed bill. After a search and development, acquisition of our troops under U.N. command and lot of discussions with Senator NUNN weapons systems, personnel policy and control? Would you not rather have and his communication with the ad- force structure levels. some clear directions on how that ministration, we did not want to leave Friday, some Members began listing would happen or if it would happen? If any doubt. So a major concession was items they regarded as unacceptable in you want to vote down the defense au- made there and, in fact, we have a cou- this bill to the point of deciding to op- thorization bill because of our com- ple of Senators on this side of the aisle pose the conference agreement. Items mand and control language with regard who are seriously considering voting identified as being questionable or un- to the United Nations, have at it. I can against the conference report because acceptable include these among others: tell you the American people will not of that concession. The missile defense language; removal be with you, and I do not think it is There was a narrow little slither that of statutory requirements for Assistant smart from a defense standpoint. we could get through. We tried to find Secretaries for Special Operations and Given so much is made of these var- that little, small, unmarked passage the Director of the Office of Oper- ious items, I want to review some of that we could pass through. I think we ational Test and Evaluation; reduction them so that the Members of the Sen- found it if, in fact, you want any mis- in the time required for sale of the ate will understand the substance of sile defense at all. Frankly, I suspect naval petroleum reserve by 1 year. Now what is involved. there are some on the other side who there is a reason to oppose this bill. With regard to the missile defense do not want any missile defenses at all. Big deal. You are going to vote against language, the conference report is bal- That is why even though we keep mak- the Defense authorization bill because anced. It is moderate—arguably by ing concessions and coming to agree- of a 1-year difference in when we sell some on this side of the aisle and in the ments, it never seems to be enough. the naval petroleum reserve? I do not House, too moderate. But that, again, To ensure that there could be no mis- find that very defensible, frankly. We is the nature of the conference. Nobody understanding regarding an antici- also had the directed procurement of gets everything they want. The con- patory breach of the ABM Treaty, we some ships to specific shipyards. I did ferees made every effort to accommo- remove not only the specific require- not particularly like the agreement date the legitimate concerns and objec- ment for a multiple-site system, but December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18849 two other pieces of language; first, a some of our colleagues here in the Sen- This defies, not only logic, but our congressional finding that the entire ate do not want the United States to be responsibility to provide for the de- United States could not be defended defended at all against ballistic mis- fense of the American homeland. I can- from a single site; and, second, a re- siles. That is my fear, at any rate. The not help but conclude that on the sub- quirement that the ground-based inter- administration’s NMD program is de- ject of ballistic missile defense, the ad- ceptor be deployed in significant num- signed to perpetuate research and de- ministration did not negotiate with us bers and at a significant number of velopment while indefinitely delaying in full faith. sites to defend the entire United deployment of the most limited NMD For weeks during the conference we States, including Alaska and Hawaii. I system. How long can you go on with heard nothing about objections con- still think it is indefensible that we research and development? It is like cerning the ABM Treaty. But even say we might have one site, but you some of the Corps of Engineer projects after addressing each one of these con- folks who live in certain areas along that I am familiar with. They study cerns, in most cases accepting specific the gulf coast or in Hawaii or in Alas- them, study them; they do analysis and proposals made by the administration ka, gee, we may not be able to cover study. If they put that money into the or minority conferees, we still hear the you. Sorry about that. But, we will get construction of the projects that they same old arguments and are faced with the other 48 or so. waste on years of studies, we would get a veto threat. So I am disappointed, al- In place of this language, we inserted our projects a lot quicker, we would though I must confess I am not too sur- the exact language from the Senate not waste nearly as much money. If we prised right now. compromise that the ground-based are not actually going to do this, how The next question involves the re- interceptors would be capable of being long are we going to go forward with structured Assistant Secretaries of De- deployed at multiple sites. These R&D? fense. Some Members have objected, on changes were made at the request of My staff was told directly by a senior both sides of the aisle, to changes in the senior Senator from Georgia to re- White House official that the adminis- law which impact two civilian offices solve his concerns regarding antici- tration would object to any require- within the Office of the Secretary of patory breach of the ABM Treaty. ment to deploy an NMD system by a Defense, the Assistant Secretary for Let me also point out this conference date certain, even if that system fully Special Operations and Low Intensity report urges the President to under- complied with the ABM Treaty. There Conflict, and the Director of the Office take negotiations with Russia to you have it. That is the crux of the of Operational Test and Evaluation. amend the ABM Treaty to allow for a matter. These Members allege that these posi- multiple-site NMD system. I think it is In essence, they oppose any commit- tions are being eliminated by this con- in our best interest to do that. It does ment to deploy a national defense mis- ference report. Now this is not com- not just involve our relationship with sile system. By way of comparison, by pletely accurate. Russia, but what other countries may the way, interestingly, in 1991, a Demo- The conference report simply re- be doing in this area. This provision cratically controlled Congress dramati- moves the statutory requirement makes it clear that we have no inten- cally restructured the Bush adminis- which dictates that these positions tion—no intention—of unilaterally vio- tration’s SDI program with the Missile must be maintained. Why did the con- lating the ABM Treaty. The language Defense Act of 1991, which was a bipar- ference committee makes these does state, if negotiations fail, we tisan initiative, sponsored by the then changes? Frankly, primarily because should consider withdrawing from the chairman of the Armed Services Com- the House felt so strongly about it. treaty, but this right is already pro- mittee. The 1991 act called for deploy- But, since the late 1980’s the militarily vided for in article 14 of the treaty. ment of an NMD system in 5 years, services have shrunk by almost 25 per- These provisions and others I have whereas the conference report before cent. The military services have gone not mentioned make it clear that we the Senate today calls for a similar de- down in size by 25 percent. But, during intend a cooperative approach with ployment in 8 years. What is the big the same period, the Office of the Sec- Russia in dealing with the ABM Trea- concern here? retary of Defense has increased in size ty. Nowhere in the conference report is This 1991 bipartisan agreement, that by over 20 percent. This is since the it suggested or required that we violate was led by Senator NUNN, Senator late 1980’s, so there have been Demo- or unilaterally walk away from the WARNER, Senator COHEN, and others, crat and Republican administrations. ABM Treaty. In exchange for resolving said it would be done in 5 years, by But, while the military numbers are this ABM Treaty concern, the con- 1996. Now this one says we will not going down, the number of civilians in ferees agreed to retain a requirement even get it done until the year 2003. If the Office of the Secretary of Defense to deploy an NMD system by the end of we get to 2002 and we do not have the have gone up 20 percent. How does this 2003—but without the multiple-site re- capability, if we do not want to do it, make sense? It does not. If you do not quirement. we do not have to go forward. We can remove the statutory requirement that Any remaining arguments about this change it. But should we not have some requires the continuation of this im- ‘‘anticipatory breach’’ of the ABM goal that someday we will quit doing balance of personnel, the Secretary of Treaty or assertions that Russia may R&D and we actually deploy a defen- Defense is restricted from realigning not ratify START II due to our NMD sive system? Should we not have a date his office. This conference report em- program are not based on fact or logic. in mind so this just does not go on for- powers the Secretary of Defense. It Russia may not approve START II, but ever? does not restrict him in this regard. I think it may be because of the Com- The 1991 act also mirrored this con- Does anyone believe the Members of munists and the nationalists that were ference report in urging the President the House and Senate defense commit- just elected to their parliamentary to negotiate amendments to the ABM tees would eliminate or want to elimi- body, not because of this missile de- Treaty to allow for a multiple-site nate operational test and evaluation? fense language. I remind the Senate NMD system. Think about that again. Absolutely not. It is very important that the only operational ABM system The 1991 act—bipartisan—led by Sen- that we continue to emphasize the im- in the world is, in fact, deployed ator NUNN of Georgia, said essentially portance of operational tests and eval- around Moscow. It would be foolish to the same thing we are saying here, uation of new weapon systems. But allow the Russians to blackmail us that there should be an effort to nego- maintaining our commitment to this without regard to actions permitted by tiate amendments to the ABM Treaty function should not preclude our abil- the ABM Treaty, as they have at- to allow for these multiple sites. Many ity to allow the Office of Secretary of tempted to do on a variety of issues, of the same Members who stood on this Defense to be restructured in order to including expansion of NATO and Unit- floor in 1991 speaking in favor of na- reduce overhead and save money. After ed States policy in Bosnia. tional missile defense deployment are all, in the final analysis, the Office of Let us be clear about the administra- now telling the American people not to the Secretary of Defense cannot fight a tion’s real objections with the ballistic worry, that we do not need to defend single battle. Military personnel have missile defense provisions in this con- the United States against ballistic mis- to do that. So we are getting fatter on ference report. The administration and siles. the civilian side at OSD, while we are S 18850 CONGRESSIONAL RECORD — SENATE December 19, 1995 slimming down in the actual fighting that 51 percent of those components be duction program, the so-called Nunn- people. manufactured in the United States. It Lugar program, we had some reserva- The same is true of the Assistant does not even come close to leveling tions about it. We worked hard on that Secretary of Defense for Special Oper- the playing field in terms of applying with Senator NUNN and Senator LUGAR. ations. We are not in favor of removing the same set of rules on foreign con- We made agreements. I think all the civilian oversight of special operations, tractors supplying our Defense Depart- money was restored, with a certain absolutely not. But the Secretary of ment as foreign countries apply to U.S. amount of it fenced, but even that Defense should be unburdened from the firms competing for defense contracts money could be spent in other coun- countless statutory requirements, one in their countries. tries. I think that was the final result. of which is this Assistant Secretary of Good old Uncle Sam gets to be Uncle We support this program and we got it Defense. Sap once again. We always seem to worked out. A lot of criticism has been made that bend over backward to deal with the We made changes but we retained the this conference report mandates the problems of our allies but we do not U.N. command and control restric- Navy buy numerous component items look after ourselves. We are not talk- tions. We had contingency operations in the United States only. While it is ing about only one or two countries ap- funding. I personally do not like that true the bill contains the requirement plying for these domestic content and at all. I do not like this contingency for the Navy to purchase certain com- offset requirements. There is a long operations funding. I do not like giving ponents with 51 percent U.S. domestic list: Australia, Norway, Canada, South the Pentagon money and saying, ‘‘by content, it does not contain an abso- Korea. The domestic content provision the way, use it because of commit- lute buy-American provision. in this bill is needed. It makes sense. ments that had already been made in The United States is out of step with And it is fully warranted, given the Haiti or Somalia or wherever they may other countries which get involved in practice of other countries requiring be’’—but giving the money in advance. the awarding of defense contracts. If a offsets by U.S. contractors. I think they need to justify all of these defense contractor wants to bid on a We probably should have done more continuing operations’ funding. We will Dutch weapon system, for instance, in this area, not less. But, again, this live up to providing the funds. We al- they require U.S. firms to meet two was a case where the Senate was will- ways have and we will. But I do not different tests. First is the an offset re- ing to say no, we are not going to have like this funding in advance. quirement—that is you have to bring anything on this. Our House conferees We had acquisition reform provi- some amount of money into the Neth- were just absolutely adamant. And we sions. We had improvements in mili- erlands to offset the amount of money ground it down and we made them give tary housing. There is a long list of going to the United States defense con- tremendous concessions. We came up really good things in this bill. tractor. Second, the Netherlands re- with what is really a very small, and I While the administration may not quires a certain percentage of the Unit- think a reasonable, proposal. like all of them, I say again, we made ed States defense contractor’s work or COLA’s for military retirees are in tremendous efforts to work with the product to be done in the Netherlands. this bill. Members need to understand, administration. I know Senator NUNN Now, we like to do business with the without passage of this bill military re- helped with that. I know our leader, Dutch. But they have requirements on tirees will, once again, fail to receive a the chairman of the committee, wanted us that we do not have for ourselves. fair and equitable cost-of-living adjust- to work with the administration. In Are we going to get in the position ment, equal and timely with civilian fact, he insisted that we meet with Dr. where all of our—or many of our key retirees. Perry at breakfast meetings to hear his defense components are built overseas? The Armed Services Committee concerns. I remember Dr. Perry came There is danger there. Surely we see members feel very strongly about this. over and said, ‘‘We do not like the that. Again, it is a question of fundamental House-passed bill, but we are pretty But that is not all the Dutch require. fairness. I know there is some thinking comfortable with the Senate-passed The Netherlands also leverages foreign going on around here, do not worry, we bill.’’ defense firms by granting larger offset- will put it on some train going through So we worked to try to address his ting credits to United States contrac- here in the next few days and we will concerns. We met with the Deputy Sec- tors who increase the Dutch content of take care of it. the component supplied by the United There may not be any trains going retary of Defense, Deputy White. He States contractor. For example, the through here in the next few days. We came in and said—I cannot remember Netherlands requires a 100 percent off- may be here Christmas day. But the the number—‘‘There are six or seven set on all awards to foreign defense idea we are going to hitch it on to a areas we are really concerned about.’’ contractors, but they have structured continuing resolution is very dubious. Look at the bill and you will find in al- an offset credit valuation system which In the process, our military retirees most every one of those areas we either awards more offset credit to foreign could get trapped. met their specific requirements, or re- contractors who meet 85 percent do- We have it in this bill. That is where quest, or made substantial movements mestic levels or higher in their coun- it belongs. We need to make sure we in that direction. So they have been try. So, if a United States contractor understand, if we do not pass this au- able to get a lot of modifications. wants to win a defense contract with thorization bill our military retirees’ I think we have a good bill. I urge the Dutch Government they have two COLA could be lost. How are you going Members of the Senate to support this choices: Either they come up with a 100 to explain to the military retirees in conference report. It is good for the percent offset for the total value of the your State that you opposed a bill that men and women in uniform. That contract award, or they have to manu- would bring their COLA back into par- should be our principal goal. It im- facture 85 percent of that component or ity and alignment with civilian retir- proves the readiness of our forces. It system in the Netherlands. ees? This bill provides important par- begins to correct the modernization That is not exactly what you would ity there. problems our military services face and call an open and fair competition for Some say this bill is not perfect. I provides policy guidance necessary to U.S. defense firms. The United States have never voted on a perfect bill, I do operate our defense efforts in a chal- in almost every area of our defense pro- not think. I have never voted on a per- lenging and difficult time. curement welcomes all bidders without fect defense bill. I do not agree with all Did we leave some issues on the domestic content requirements or off- of the bill’s provisions, but overall I table? Yes. But we will be back at work set requirements. How is this fair? It is think this is a good bill. Concerted ef- on the next authorization bill in about the same old deal. America says we forts were made to address numerous 6 weeks. want free trade but we do not even re- administration concerns. As a result, Did we have some areas that we may quire that it be equal or fair, not only substantial modifications were made in change our mind on later? Yes. But we in this area but a lot of other areas. conference to address these concerns. have an authorization bill every year. This bill simply identifies a list of In the missile defense area, as I If some language needs to be revisited, specific key components and requires pointed out, the cooperative threat re- we can do that. Let us pass this bill. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18851 Let us do the right thing for our coun- the language with respect to the B–2 There are Members on both sides of try and for our military men and bomber and the potentially explosive the political aisle who have served women. national missile defense language. many, many years in the Senate. These I yield the floor, Mr. President. I might note with specificity that individuals have gained considerable Mr. THURMOND addressed the Chair. when my office was notified that the expertise in very discrete areas dealing The PRESIDING OFFICER. The Sen- final conference meeting would con- with the funding of our national de- ator from South Carolina. vene, we were provided about 30 min- fense effort, and I think their expertise Mr. THURMOND. Mr. President, I utes advance notice. I was able to at- would have been extremely helpful in wish to commend the able Senator tend, but a good many of my col- the negotiations with our colleagues in from Mississippi for the excellent re- leagues, not having any prior notice of the other body. marks he has made on this bill. the conference meeting, were not able I note further, Mr. President, that He is the Republican whip in the Sen- to attend. This meeting convened rath- there are major parts of the conference ate and does a great job there. He is er late in the afternoon at approxi- report that were discussed at this also a valuable member of the Armed mately 6 o’clock, with such late notice meeting which I have described—the Services Committee and has made a many of my colleagues were unable to one which provided our office with great contribution to our country by rearrange their schedules to attend a about 30 minutes notice—that were sitting on that committee. Again, I very important meeting. only verbally described to Senators lit- want to thank him for all he has done So for those reasons, and others, I do erally minutes before the report was to promote this bill. not intend to support this conference presented to us for signature. With re- Mr. BRYAN addressed the Chair. report today and I would not agree to spect to some of these provisions, they The PRESIDING OFFICER. The Sen- sign the conference report last week. are extremely complicated. Language ator from Nevada is recognized. It appears that this conference com- is very important. Mr. BRYAN. I thank the Chair. mittee has never been terribly serious Mr. President, I rise today to oppose about conducting bipartisan negotia- Specifically, I note the conference re- the Department of Defense authoriza- tions. As a matter of fact, the con- port language change with respect to tion conference report, and I do so with ference committee was disbanded a few the national missile defense provision. considerable regret. I, as a member of weeks after it was convened. Therefore, I must say that engaged colleagues on the committee, voted to support the there could be no meaningful biparti- both sides of the aisle worked on the original authorization bill because I san discussion of the funding levels, or Senate-passed compromise version of think it did represent a very carefully any of the other outstanding issues in this language. In extraordinarily dif- balanced approach on some of the criti- the context of a conference discussion. ficult and, I think, very instructive dis- cal issues which I am going to com- In point of fact, Mr. President, the con- cussions, the Senate provisions were ment on briefly. ference was disbanded before any real, agreed to overwhelmingly when it was I acknowledge that there are parts of substantive discussions even began acted upon on the floor of the Senate. this bill that I think are quite good. among the conferees. Unfortunately, this was not the experi- The military pay provisions, the acqui- Due to the early disbanding of the ence with respect to the conference ne- sition reforms are areas of particular conference, negotiations have taken gotiation. interest to me. In my own State, place primarily between House and The resulting conference language, in money is provided for hydronuclear Senate Republicans behind closed doors my view, is deeply flawed. It, indeed, testing, some $30 million. Those and for the past 95 days. Because the con- may result in a violation of the ABM many other provisions I fully support. ference was officially disbanded, nego- Treaty, and it seems to me that we But the conference report now before tiators were not bound to follow the send all the wrong signals to the Rus- us contains significant changes from open meeting rule, nor were they re- sians. In effect, by the deployment the originally approved bill, particu- quired to notify all conferees of nego- schedule specifically established in this larly with respect to providing addi- tiation sessions or conference meet- bill at 2003, it seems to me, would make tional funding for the B–2 bomber, a ings. the Russians even more reluctant to position which the Senate opposed both I am a relatively new member to the negotiate any further nuclear arms re- in committee and on the floor. committee, Mr. President. This will be ductions and give them considerable The report contains very dangerous my third authorization bill. But I must reason to believe that it is our intent language, in my opinion, with respect say, in my experience it is unprece- to violate the ABM Treaty itself. to the national missile defense provi- dented that the committee has oper- sions that, if enacted, would violate ated in this fashion. I am told by my Another of the issues that divided us the U.S. agreement on the Anti-Ballis- colleagues who have considerably more is the additional funding of the B–2 tic Missile Treaty. The report contains tenure than I do on the committee that bomber. It was defeated in the Senate a number of troubling ‘‘special ar- this is without precedent. I must say Armed Services Committee this year, rangements,’’ such as a specific ship when I was appointed to this commit- in a bipartisan vote, and not included maintenance contract for a specific tee in 1993, I was enthusiastic about in the Defense authorization bill which shipyard, which in my view would cir- that appointment, and I continue to be. was passed in this Chamber. I find it cumvent the competitive bidding proc- One aspect that I particularly enjoy— particularly troubling that the provi- ess. The report also delineates line by having had the opportunity to serve sion itself that would increase funding line how the National Guard and Re- on, among other committees here in to the B–2 bomber was not available at serve may spend their allocated money the Senate, the Senate Armed Services the time the conference report was pre- for procurement, a position contrary to Committee—is that it has historically sented to us and we were asked to ap- that taken by the National Guard and had the reputation, which I found to be prove. Again, this is one of the most Reserve components. Moreover, Mr. the case, that it really was bipartisan. difficult issues that the committee had President, I regret to say that the con- That is not to say that there were not to deal with, and I would submit that ference report does not have the full bi- legitimate differences that divided us. this is not the way in which we ought partisan support of the Senate Armed There were, and there continue to be. to be conducting conference negotia- Services Committee. The minority But there was a virtual absence of par- tions. members, the Democrats, were not tisanship as we processed the various Moreover, this conference report im- even minimally notified or consulted policy questions within the jurisdiction poses new restrictions on the Presi- with respect to major issues that were of that committee. dent’s ability to obtain contingency changed in the conference report. I regret to say, and I hope that this funding for military operations. This is Last week, the Democratic conferees is a temporary aberration, if you will, in direct contravention of the Presi- were asked to sign the conference re- that this is not an auspicious begin- dent’s constitutional role as our Com- port despite the fact that we had not ning for us if this is the way the De- mander in Chief. The report contains been given the final language on a fense authorization conference is going directed procurement of specific ships number of critical issues, most notably to be conducted in future years. at specific shipyards without a clear S 18852 CONGRESSIONAL RECORD — SENATE December 19, 1995 requirement, undermining, in my opin- Shepperd’s letter of December 8, 1995, transition of the Pacer Coin program from ion, the efficiency and cost-saving ob- be printed in the RECORD. the active force structure to the Air Na- jectives which are of critical impor- There being no objection, the letter tional Guard. As a consequence, we have was ordered to be printed in the asked for periodic Air National Guard de- tance as we face very, very difficult ployments of Pacer Coin to satisfy the con- budgets in the outyears. RECORD, as follows: tinuing requirement for timely, high quality, The conference report contains DEPARTMENTS OF THE ARMY AND broad area imagery that we can release to spending floors with respect to ship- THE AIR FORCE; NATIONAL GUARD our host nation allies in the region. The U.S. building provisions. These are require- BUREAU, Southern Command supports retention of ments to spend specified amounts on Washington, DC, December 8, 1995. the Pacer Coin reconnaissance program in specified projects. Again, in the real Senator RICHARD BRYAN, the Air National Guard and periodic deploy- world in which we live, where the budg- Russell Senate Office Building, ments of the system to this theater. Washington, DC. Best wishes, ets are going to be tighter next year DEAR SENATOR BRYAN: Thank you for your BARRY R. MCCAFFREY, and each of the outyears thereafter, I December 6, 1995 letter concerning the con- General, U.S. Army, find this provision unfathomable. tinuation of the Pacer Coin mission. I assure Commander in Chief. The conference report will create a you that the Air National Guard always has Mr. BRYAN. I thank the Chair. special congressional panel on sub- supported Pacer Coin and will continue to I must say it has been difficult for marines. I must say that my colleagues support the mission as long as there is a me to understand, with two command- military requirement and the necessary re- on the other side of the aisle have ing generals who have in one instance made a number of very constructive sources. Regarding the military requirement, it is a National Guard command authority comments over the years when they our understanding that the Pacer Coin mis- and in the other instance an oper- talk about streamlining Government sion is a priority of the Commander-in-Chief, ational command of the Southern Com- and reducing the number of commit- U.S. Southern Command. In terms of nec- mand both expressing support for the tees. Adding another committee, it essary resources, the program transferred to program, how the conference report seems to me, is duplicative and creates the Air National Guard underfunded in fiscal could question the viability of this pro- unnecessary additional staff involve- years 96, 97, and 98. This shortfall spurred gram and conclude that this is a pro- ment and the possibility of additional budgetary exercises that may have been mis- gram that is not supported. funding that is just not warranted. The construed as a lack of support for the Pacer I guess by way of general conclusion, Coin program. My staff is searching for al- existing panel, in which submarines are ternatives to fund the shortfall for FY 96. Mr. President, I regret to say that this included in the jurisdictional portfolio, Again, let me reiterate my support of the conference has not been conducted in does a proper job in my judgment and Pacer Coin mission and assure you that the its historical bipartisan manner. a new panel just for submarines is re- Air National Guard will support this mission Democrats were cut out from any dundant, unnecessary and unwise. as long as there is a military requirement meaningful participation in the con- The conference report designates and proper funding. ference itself. And I must say the Sec- every single line of the National Guard Please don’t hesitate to call if I can be of retary of Defense has indicated that he and Reserve procurement funds, rather further assistance. will recommend a veto of this con- than providing generic categories of DONALD W. SHEPPERD, Major General, USAF, ference report to the President. The funds. This, Mr. President, is contrary Director, Air National Guard. National Security Council and the Pen- to requests made by the National tagon find the national defense missile Mr. BRYAN. I thank the Chair. I also Guard and Reserve. language in this report to be wholly have a letter from Gen. Barry McCaf- The conference report dictates to the unacceptable and quite dangerous. Department of Defense what their pro- frey, commander in chief of U.S. Finally, the President himself has curement priorities ought to be. It al- Southern Command dated June 2, 1995. sent a message to Congress saying that lows them to spend the money on noth- His letter states, ‘‘U.S. Southern Com- he will veto this bill in its present ing but those items deemed appropriate mand supports retention of the Pacer form. For these and the other reasons by the House and Senate. I recall in a Coin reconnaissance program in the that I have referenced in my com- different context a lot of criticism Air National Guard and periodic de- ments, I urge my colleagues to vote about Congress micromanaging the ployments of the system in this thea- against the report. Pentagon. Let me suggest that I be- ter.’’ Mr. President, I yield the floor and in And again, Mr. President, I ask unan- lieve this is a case in which the absence of any other colleague in imous consent that the full text of micromanagement has become the op- the Chamber I suggest the absence of a General McCaffrey’s letter dated June erative order of the day. quorum. I mentioned previously Pacer Coin, a 26, 1995, be printed in the RECORD. The PRESIDING OFFICER. The program of particular interest in my There being no objection, the letter clerk will call the roll. State. The Nevada Air National Guard was ordered to be printed in the The assistant legislative clerk pro- would receive two of those planes. The RECORD, as follows: ceeded to call the roll. conference report contains language on DEPARTMENT OF DEFENSE, U.S. Mr. COATS. Mr. President, I ask unanimous consent that the order for the Air National Guard’s Pacer Coin SOUTHERN COMMAND, OFFICE OF THE COMMANDER IN CHIEF, the quorum call be rescinded. mission that is patently false. The re- Washington, DC, June 26, 1995. The PRESIDING OFFICER (Mr. port reads, and I quote, ‘‘The conferees Hon. RICHARD H. BRYAN, ASHCROFT). Without objection, it is so understand that the National Guard Russell Senate Office Building, ordered. Bureau has requested that the Air Washington, DC. Mr. COATS. May I inquire how much Force terminate the Pacer Coin pro- DEAR SENATOR BRYAN: Appreciate your time is remaining on our side? gram.’’ concern over the potential termination of The PRESIDING OFFICER. There This statement is not true. As a mat- the U.S. Air Force Pacer Coin reconnais- sance program and welcome the opportunity are 28 minutes 30 seconds remaining. ter of fact, I have a letter dated Decem- Mr. COATS. Mr. President, I yield ber 8, 1995, from Maj. Gen. Donald to share the U.S. Southern Command’s views on the value of this important asset. myself such time as I may consume. Shepperd, Director of the Air National The U.S. Southern Command and its The PRESIDING OFFICER. The Sen- Guard. His letter states in part, ‘‘The ground, air, and naval component forces rely ator from Indiana. Air National Guard always has sup- heavily upon releasable, high quality im- Mr. COATS. Mr. President, first, I ported Pacer Coin and will continue to agery. This requirement for extensive im- want to begin by commending the support the mission.’’ General agery is to support operational planning, ex- chairman of the Senate Armed Serv- Shepperd’s letter then goes on to say, ercise deployments, humanitarian assistance ices Committee, Senator THURMOND, ‘‘It is our understanding that the Pacer and disaster relief operations. We also pro- for the work that he has done this year vide comprehensive imagery support to U.S. Coin mission is a priority of the Com- Country Teams and host nations throughout in leading the effort in putting this de- mander in Chief, U.S. Southern Com- the region that are involved in counterdrug fense authorization conference report mand.’’ operations. together. Mr. President, I ask unanimous con- As you know, however, fiscal constraints It has been a tough year, as we all sent that the full text of General and force structure reductions drove the know. It has been a long and difficult December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18853 year with many, many complex and when we have a shrinking defense force the service chiefs and others as they difficult questions. Senator THURMOND and we are trying to find the top qual- came before our committee. As the has provided extraordinary leadership ity people, the bonuses for enlistment equipment becomes more sophisti- in bringing us to this point. I want to and reenlistment that are incentives to cated, we need people who have more commend him for his efforts in that re- attract the kind of people we need will technological capability to repair and gard. not be available. deal with this equipment, and this is a At the same time, I want to express A whole series of quality of life ini- very important part of the authoriza- my disappointment that, apparently, tiatives will be lost. We keep talking tion bill authority, and that will not be this conference report is going to be about our No. 1 priority for our troops provided. virtually unanimously opposed by our is quality of life. We need to provide Dental/medical benefits, CHAMPUS colleagues from across the aisle. I re- them with the best training and the benefits for certain members of the gret that, because we have always, at best equipment and the best leadership, total force will not be included. These, least in my tenure, moved forward on but we also need to provide them with just from the Personnel Subcommittee, defense bills in a bipartisan fashion. It a quality of life that will allow they are items that we will not have if this appears now that we will not be doing and their families to make a career bill is defeated or if the President ve- that this year. I think that is dis- commitment to service in our military. toes it. appointing. A whole series of initiatives on quality Let me discuss one other. There is a Nevertheless, I hope that our col- of life will be lost. whole series of initiatives to provide leagues will see fit to support this leg- Let me just mention some of them. new authorities for the provision of islation in such a manner that it can There will be no increased quarters al- new housing, repaired housing, re- pass the Senate, be sent to the Presi- lowance to close the gap of housing stored housing for our military person- dent and then he will, obviously, have cost increases. This quarters allowance nel. to make a choice as to whether or not equals 5.2 percent in the bill. Without Why is this important? Because over he wants to accept the bill or veto the it, it will be 2 percent. That means the last 30 years, while we have made bill. when a soldier and his or her family some remarkable strides in providing We heard a lot of Members state rea- are stationed in particular areas of the our troops with training and equip- sons why they will not vote for the bill country and sufficient base housing is ment, we have ignored their living on the basis of what is included in the not available for them, as is the case in quarters, the repair, maintenance, and bill. What we have not heard is infor- most instances, they have to go out the construction of new quarters. Cur- mation relative to what is now in the into the local market. When they go rently, on the military’s own estimate bill that will be lost if it is not passed. out into the local market, the allow- on the basis of their own standards— Anybody can look at a bill this mas- ance that they are given for their quar- and I suggest their standards are not sive, covering this amount of spending, ters does not begin to cover the cost of the standards that are found generally and find reasons why they do not like housing in that particular area. We in housing construction throughout a particular part of the bill. I have give quarters allowance to cover that, this country; they are lower standards. never voted for a bill where I have but it has not kept pace with the in- Even by their standards, many of the agreed 100 percent from beginning to crease in housing costs, and so soldiers housing units, most of which are over end with every provision in that bill. and sailors and airmen and marines 30 years old, are in a state of disrepair. This is the art of political compromise and their families will be put at a con- In fact, by Department of Defense that tries to balance the opinions of tinued even greater disadvantage than standards, over 80 percent of the exist- one House versus the other, the opin- they have been in the past. ing military housing is inadequate. Let ions of one party versus the other, the There will be no authority to pay me repeat that. Over 80 percent of the interests of particular Senators in put- quarters allowance for NCO’s on ships housing that we ask our military fami- ting more emphasis on one portion of or NCO’s who currently live in inad- lies and ask our single military person- the bill than the other. In the end, you equate quarters. These are people who nel to live in is inadequate. It is sub- put a package together. You trust the are key to the successful functioning of standard and it needs repair, mainte- major thrust of that package is in the our military, and they will not receive nance, and some of it needs to be torn direction that you want to go. quarters allowance unless this bill is down. A lot of new units need to be So to raise specific concerns about passed. built. specific items in this bill as a basis for There will be no authority to pay Under the current rate of funding for rejecting the whole bill, I think, is family separation allowances to cer- this repair, maintenance, and construc- something that if we practice it on tain single soldiers. tion, it will take 30 years to remedy There will be no authority to pay en- every bill that came forward, nothing the problem. Of course, in 30 years, the listed airmen hazardous duty incen- would pass in this body. problem that is remedied this year and But as I said, Members have stated tive. in succeeding years will then be inad- There will be no authority to pay that there are items in the bill that equate. So we are getting nowhere. special duty pay to personnel assigned they do not like and, therefore, they Under the direction of the Secretary of to tenders. will not vote for the bill. I would like There will be no authority to pay in- Defense, Bill Perry, under the very able to list, as chairman of the Personnel creased special duty pay to recruiters. leadership of former Secretary of the Subcommittee, what will be lost if this There will be no authority to pay dis- Army, John Marsh, and an internal as bill is not passed. I think Members location allowances to those forced to well as external task force, a year’s ought to consider some of this before move as a result of the BRAC process. worth of effort has culminated in a they make a final determination on There will be no more automatic in- plan to very substantially upgrade how they will vote. crease of servicemen’s life insurance. military housing on an accelerated Do Senators understand that the full At a time when we are deploying basis. Because we are faced with a pay raise, which is only 2.4 percent, but troops to Bosnia to undertake the risks budget crunch that does not provide the full pay raise to our troops in uni- that will be involved in this, there will the immediate funds, new housing au- form, including those on the way to be no automatic life insurance in- thorities are requested by the depart- Bosnia and those deployed in areas crease. That was included in our bill. ment, so that we can use methods that around the world, will not be granted if There will be no COLA equity for are used by the civilian housing au- this bill is not passed? The authoriza- military retirees, and I will discuss thorities, which exist in virtually tion for the full pay raise is included in that in a moment. every one of our States, to leverage this legislation and that will not go There are a number of service acad- funds to begin to dramatically acceler- forward unless this bill is passed. emy issues that will not be addressed. ate the rehabilitation and construction Reserve mobilization insurance will Two Navy P–3 squadrons will not be of new quarters for our personnel. not be established. Several bonus au- authorized. We are asking individuals to commit thorities for enlistment and reenlist- There will be no floor on military a career, a lifetime, to the service, and ment will not be authorized. At a time technicians, a critical request made by that means that we are moving from S 18854 CONGRESSIONAL RECORD — SENATE December 19, 1995 single enlisted people that formerly how they can better organize to spending level in constant dollars. The were brought into the service by the achieve savings. 1997 level is at the 1955 level. Since draft, as I entered, and now, instead of All we are doing is repealing the re- 1985, we have reduced defense procure- a 2, 3, or 4-year commitment, people quirement for specific positions on a ment 71 percent. Research, develop- are making a lifetime commitment. statutory basis. It does not mean the ment, testing, and evaluation funds Most of those people are bringing their position will be eliminated. We then, as have been reduced 57 percent. By 1999, families with them—their spouses and a committee, will have the opportunity defense spending as a share of the gross children. For this country to ask indi- to review the report, question the Sec- national product will have declined to viduals to put on the uniform and pro- retary, and look at and evaluate their 2.8 percent, the lowest since before vide for our defense and not provide for reorganization plan, and we can decide World War II. adequate housing, I believe, is a dis- that we want to retain these statutory We are now entering the 11th grace. It is a disgrace to ask these peo- provisions. straight year of declining defense budg- ple to live in the housing and the quar- There is no doubt that the Director ets. We have cut active duty personnel ters that they currently live in. of Operational Test and Evaluation is by 32 percent. That is the lowest level I have personally visited the family an important position. Senator NUNN, in 60 years. The Army will have 45 per- quarters and the bachelor quarters on a on this floor, very accurately described cent fewer divisions, the Navy 37 per- number of bases throughout this coun- the nature of the position and the inde- cent fewer battle force ships, and the try and some overseas. I would not put pendence of the incumbent director. I Air Force 40 percent fewer attack and my family in some of these living situ- fully expect that Secretary Perry will fighter aircraft. ations, and either would anybody else ask that this position be retained. The in this Senate. I would not begin to ask key factor is that he will make that Now, defense spending, which has de- my family to live under some of the recommendation on the merits, not be- creased—just in the 10-year decade, the conditions that our service personnel cause he was encumbered by a statu- decade of the 1990’s, defense spending live in, without complaint. The least tory protection. That is the goal of this will decrease 35 percent. What are we we can do for these people who make legislation. Meritorious recommenda- doing with the rest of the budget? Do- this commitment to provide for our se- tions by the Secretary of Defense, not mestic discretionary spending, during curity and our freedom is give them abolition of one position or another. that same time period, increases 12 per- adequate living quarters. Roofs are The legislation is intentionally craft- cent; welfare and mandatory spending caving in, ceilings are caving in, water ed to permit any repeal to be vitiated will increase by 38 percent. Those that is running down the walls, broken before it is implemented, if that is the say defense has not done its share are plumbing, exterior windows cracked, appropriate outcome. There has been a ignoring the facts. cold air rushing through. You do not lot of misinformation about this part If some of these other nondefense need air conditioning if you live in a of the bill, and if Senators will take areas of the budget had done one-tenth cold climate because it comes right the time to review the actual language of what defense has done, we would not through the windows and the walls. and understand the intent, I am con- be debating the need for a balanced I think one of the things that I will fident that they will see this as a work- budget. We would have achieved a bal- regret the most if this bill fails, either able solution. So I urge my colleagues anced budget. Name me one program in in the Senate vote or if it is vetoed by who may be thinking of voting against the Federal Government, outside of de- the President, is the loss of authority the bill, on this provision alone, to fense, that has even begun to reach the to do what Secretary Perry has asked look at the conference report and un- decrease in spending that defense has. us to provide—to accelerate the recon- derstand what it is we are attempting Name me one program that has been struction and the maintenance and re- to do. reduced at all. pairs of some of our housing that we Now, Mr. President, second, I want to The challenge is not to further re- provide for our military personnel. take some remaining time here and duce defense. The challenge is to look That is what we lose just from the per- just put this Defense authorization de- at the other programs that are driving sonnel section of this bill. I do not have bate in the broader context of the our costs out of sight, that are squeez- the time to go into other sections. budget debate, because it has been said ing our ability to provide for an ade- There have been a number of allega- on this floor on numerous occasions by quate defense. tions made here about some of the ad- numerous Members that if we were At the same time that defense spend- ditional problems that exist. I would really serious about reducing the defi- ing is reducing dramatically and the like to address one of those points, be- cit, we would reduce defense spending. number of personnel are reducing dra- cause it seems to be a major sticking We would take this defense bill, which matically, the requirements for deploy- point for several Members—that is, the they say is sacrosanct from spending, ments are increasing. We have shrunk statutory authority that exists provid- and we would begin to take savings out our forces in Europe from 314,000 prior ing for the Director of Operational Test of Defense. I do not know where those to the fall of the Berlin Wall. That and Evaluation. What Members need to Members have been for the last 10 number is now rapidly approaching understand is that the conference re- years. But as Senator NUNN said on 100,000. Yet those remaining forces port does not abolish this office. This is this floor just about a year ago, ‘‘Those have been deployed in more missions in an important office, as is the Office for who claim that Defense has not been the last 5 years than in the previous 45 Special Operations and Low Intensity substantially reduced since the end of years combined. The average soldier Conflict. But what the committee is at- the cold war are flat out wrong. The now spends approximately 138 days tempting to address is a situation Defense Department, in the past few each year away from home on extended where the Department wants the flexi- years, has carried more than its fair short-notice deployments. This is com- bility to review the way it is organized, share of sacrifice for lowering the defi- bined with extensive training, away to make determinations as to how it cit. Indeed, the Defense Department from home, in order to maintain the wants to be structured and then report seems to be the only part of the Fed- critical skills necessary. That is a tre- to us as a committee by March 1 of eral Government that has carried its mendous strain on those personnel and 1996. The repeal of the statutory au- fair share.’’ Let me repeat that one particularly on their families. thority, first of all, does not even take statement again. ‘‘Those who claim place until January 1, 1997. It is not that Defense has not been substan- Our Navy surface ships are away prejudicial because we are asking the tially reduced since the end of the cold from home at tempos in excess of 130 Secretary of Defense to report to us by war are flat out wrong.’’ They ignore days per year—that is away from March 1 of next year his recommenda- the facts. home. That does not count the short- tions as to how the Department can be To say defense is the area that needs term deployments to prepare them for reorganized so it can operate in the to be reduced so that we could prove the longer term deployment. most efficient manner. They are feel- our commitment to deficit reduction The Marines currently have 24,000 ing the budget squeeze. They know ignores reality. The fiscal year 1996 people—pre-Bosnia—24,000 people de- they need to make decisions relative to budget request for defense is at the 1975 ployed overseas carrying out a whole December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18855 number of 911 fast-reaction assign- We are asking fewer people to do Mr. WARNER. Mr. President, par- ments. The Air Force has had a four- more with less. As I speak, we are de- liamentary inquiry. Am I not correct fold increase in the deployment obliga- ploying 20,000 troops, and many more that the Senate is due to stand in re- tions over the last 7 years, while draw- thousands of support troops, in this ef- cess now until the hour of 2:15? ing down its overall end strength by a fort to Bosnia. They are fighting ter- The PRESIDING OFFICER. The Sen- third. rible weather, as we can see every day ator is correct. So we have troops deployed all over on CNN. They are fighting some of the Mr. WARNER. Mr. President, I ask the world on all kinds of missions and world’s worst terrain. They are engag- unanimous consent that I might pro- yet we have fewer number of personnel ing in a mission that many of us still ceed for 7 minutes. to allocate to these deployments. What are trying to figure out what the mis- The PRESIDING OFFICER. Without does that mean? Longer deployments, sion is. It is a mission that is fraught objection, it is so ordered. longer time away from home, more with risk. Mr. WARNER. Mr. President, I wish strain and stress on the force. We are asking and have asked and to join the distinguished chairman of We have a serious gap that is opening will continue to ask a great deal of the the Armed Services Committee in rec- between our military mission and the men and women who wear the uniform ognizing the valuable contributions level of funding we provide. The Armed of this country. The very least we can consistently made by the Senator from Services Committee this year, under do with this type of budget constraint Indiana and his very stirring and mov- the very able leadership of our chair- is to provide them with the best that ing remarks of a few minutes ago. He is recognized on our committee as an ex- man, has done the very best that we we can. To reject this bill now, I be- pert in the area of personnel, and I am can to take this limited budget and lieve, sends an absolutely wrong signal. stretch it in a way that begins to meet We talked about sending signals on pleased to hear that, as he addressed the needs of our Armed Forces. the floor last week. What kind of signal our colleagues this morning, he made To those who say, ‘‘We have added do we send, with all the authorities, specific reference to the families of the $6.7 billion and the Pentagon didn’t re- the quality of life initiatives, and other men and women of the Armed Forces quest it.’’ If the Pentagon were calling and of course his reference to those items in this bill. What kind of signal the shots their budget requests would now being deployed to Bosnia. do we send to the troops right now try- have been a lot higher than they were. As the Senator well knows, there are ing to fight fog, the weather, the snow, They are not. They get a number from some 100 ships on the high seas, all and the landings on a runway they can- the President. The President’s Office of over the world today, and men and not see, in a mountainous area of Management and Budget says, ‘‘Here is women of the Armed Forces stationed Bosnia? Deploying into terrible weath- your number, now make it work.’’ in many other countries. So this mes- These people are trained to salute and er and terrible terrain on a mission sage not only relates to those that, say, ‘‘Yes, sir.’’ Ask any one of them, they are not sure exactly what it is. perhaps, are foremost in our minds on as we have in our hearings, do you need What kind of signal do we send, that the Bosnia deployment, but, indeed, to more, could you use more, would you the Senate rejects the bill that takes men and women on the high seas and in like to have more? Their answers were care of their families while they are various posts in farflung parts of the ‘‘Yes, we would.’’ gone? The Senate rejects the bill that world. I compliment my good friend for There are a number of things we provides the authorities we need to his remarks. would like to deal with but we recog- have a successful military effort? That Mr. President, it has been my great nize we are constrained by this budget is a terrible signal to send. privilege to serve these 17 years on the and therefore we have done the best we If Members want to talk about send- Senate Armed Services Committee, could. We are on the razor’s edge of ing a signal; walk down here now and and I share the concerns of so many readiness. We are worried about pro- vote. Just because there is a piece of that, as we approach the vote on this curement in the future. We are not up- the bill that you do not like or because bill, there remains in the minds of dating our equipment. We are sacrific- this is now partisan politics and we did some, doubts about whether or not this ing quality of life, but we have to live not get in enough of the discussions bill meets their individual expecta- within this budget number. We will do about what the final bill should look tions. the best that we can. They do a terrific like. Therefor in a fit of pique you reg- I have had those same doubts job. To say they do not want the addi- ister your displeasure with it, I think through these 16 previous years about tional resources, that this extra money that is a terrible mistake. It is a ter- other defense conference reports and, that Republicans have provided, $6.7 rible time for our troops, as we ap- indeed, the bill itself, as it has left the billion, is wasted money is simply not proach Christmas, as our troops are Armed Services Committee. But each the case. leaving their families and going into a time, I have found a means by which to You can argue over how that ought very uncertain, risky situation in the reconcile my differences and to join to be allocated. It is not allocated 100 world’s worst terrain and climate—to the other side of the aisle in support of percent the way I would like to allo- now reject this bill would be a huge the bill. This year, under the very able cate. The defense budget has been de- mistake. leadership of the distinguished senior clining now for 11 straight years. It is I urge my colleagues who may be Senator from South Carolina, a man certainly not some Government pro- having reservations, ask us what the who has a career associated with the gram run amok without control, as so facts are, look at what is in the bill, let armed services unparalleled in length many others have. us work with you to resolve differences to any Member of this Chamber, having Mr. President, balancing our books is next year, but do not tell our troops joined the Armed Forces in the early one of the most important duties of that we are not going to give them stages of World War II, at the time Government, but it is not the first duty these authorities and we will not pro- when he was not even subject to the of Government. The first duty of Gov- vide for their future as included in this draft—he went out and volunteered. He ernment is the defense of this country, bill. resigned as a judge, and was proud to without needless risk to the men and I yield the floor. wear the uniform of his country, and women who serve. That means more Mr. THURMOND. Mr. President, I he did so with great distinction, being than defending our borders. It means want to commend the able Senator the only Member of the U.S. Senate to shaping a security environment that from Indiana for the excellent remarks have participated in the historic Nor- will be favorable to America in the fu- he has made on this bill. He is a valu- mandy invasion in June 1944. ture. It means providing our troops able member of our Armed Services So, I pay great respect to my chair- with the training they need, the equip- Committee and made a fine contribu- man. Beginning in the early stages of ment they require, the kind of leader- tion throughout this year to the work World War II, he started his prepara- ship that provides for success, and the of that committee. We appreciate it tions to serve in this Chamber and quality of life that gives them a stake very much, Senator, all that you do for serve as a true representative for the in the future of this country, that pro- your country. men and women of the Armed Forces. vides for their families while they are The PRESIDING OFFICER. The Sen- Shortly we will be voting on this con- away on deployment. ator from Virginia. ference report, which will be the first S 18856 CONGRESSIONAL RECORD — SENATE December 19, 1995 bill of the Senate Armed Services Com- These are just two examples of where I voted against the Senate version of mittee which proudly bears his name there are differences between Members the authorization bill earlier this year as chairman. on the other side of the aisle and Mem- based on my belief that the $7 billion Let me address two specifics. I was bers on this side, but I plead with my increase in spending authority con- concerned about references to the sub- colleagues to think, in the spirit of rec- tained in the bill was extravagant and marine panel. This was not an idea onciliation, as we do so frequently in that the bill’s spending priorities and that originated in the Senate. Together this Chamber, and particularly as it re- legislative restrictions were harmful, with Senator LIEBERMAN, Senator lates to the men and women of the yes harmful, to our national security ROBB, and Senator COHEN, I worked on Armed Forces and sending that mes- interests. I am dismayed to report that the provisions relating to submarines sage. When, from the Chair, that vote the conference report is even more ob- in this bill and we recognize there was is announced, we want to send a posi- jectionable on these counts than the no need for this panel. But the House tive message all across the world and Senate-passed version. As a result, I did. The House even wanted stronger on the high seas. I urge my colleagues will vote against the National Defense measures. to support this conference report. authorization conference report for the Negotiations related to submarines I yield the floor. first time in my 17 years as a U.S. Sen- were perhaps one of the most difficult The PRESIDING OFFICER. The Sen- ator, a decision I do not come to light- part of the negotiations with the House ator from South Carolina. ly. of Representatives and the Senate. Out Mr. THURMOND. Mr. President, I With very little participation solic- of it came the concept to have a panel commend the able Senator from Vir- ited from the minority, the majority in to consist of three members from each ginia for the excellent remarks he has the Senate and House have finally committee, appointed by their respec- made on this bill. The Senator from reached an agreement on a bill that tive chairmen on a bipartisan basis and Virginia was once Secretary of the will be greeted with cheers from the reporting back to their respective com- Navy. He served in the Marines. He is a multibillion-dollar defense corpora- mittees. I, therefore, do not believe valuable member of the Armed Serv- tions in America. At a time when much there is any invasion of the authority ices Committee. He has rendered long of the Federal Government has run out of the two committees on the armed service here and with great distinction of money and is shut down, at a time services in the two bodies. In fact, I to country and I want to commend when the Congress is cutting domestic view some positive aspects in this con- him. programs to the bone and the majority cept. Because, as one looks at the Mr. WARNER. Mr. President, I thank party is trying to push through an un- former Soviet Union today, and most my distinguished senior colleague. My wise $245 billion tax cut, we are consid- particularly Russia, that is where a career both in the Senate and, indeed, ering a bill that adds $7.1 billion to the disproportionate amount of their an- in the uniform of the United States, defense budget that the President did nual investment in national security falls far short of that of the senior Sen- not ask for and our military leaders do goes—right into research and develop- ator from South Carolina. not want. ment and production of first-line sub- f This bill writes checks for unneeded marines, submarines that challenge weapons systems that will have defense RECESS our finest submarines in the seven seas corporations popping champagne corks of the world today. The PRESIDING OFFICER. Under around the country. Christmas has in- So I think every bit of intellect, the previous order, the hour of 12:30 deed come early for these multibillion- every bit of wisdom that we can incor- having arrived, the Senate will now dollar corporations, and their gifts are porate on behalf of our Nation into fu- stand in recess until the hour of 2:15 beyond their wildest hopes. I implore ture submarine production is time and p.m. every American that is asked to do effort well spent. That, I think, will be Thereupon, at 12:38 p.m., the Senate with less this coming year due to the a positive contribution. I hope I will be recessed until 2:15 p.m.; whereupon, the Republican budget-cutting ax to keep considered to be a part of this special Senate reassembled when called to in mind the following glittering, gilded panel on submarines, since in my State order by the Presiding Officer (Mr. ornaments hung with care by the ma- we are proud to have a shipyard which GRAMS). jority on the defense corporate tree: for many years has built some of the f $700 million in unrequested funds for finest submarines, not only for our NATIONAL DEFENSE AUTHORIZA- an accelerated star wars program, a Navy, but anywhere in the world. mere down payment on a system which Then, Mr. President, turning to a TION ACT FOR FISCAL YEAR 1996—CONFERENCE REPORT has already cost the American tax- second item, the Guard and Reserve, payers $35 billion and will likely cost this has been a debate through the The Senate continued with the con- another $48 billion to build; years. The Senator from Michigan sideration of the conference report. $493 million in unrequested funds to tried, I think, to convince our commit- Mr. EXON addressed the Chair. restart the B–2 bomber program beyond tee—subsequently tried to convince the The PRESIDING OFFICER. The Sen- the 20 planes already bought, again a floor—of his desire to have a different ator from Nebraska. mere down payment on a $30 billion approach to the Guard and Reserve. He Mr. EXON. Mr. President, I believe 15 procurement plan; is a very valued member of our com- minutes of time has been allotted to $23 million in unrequested funds for 4 mittee. He understands the subject of the Senator from Nebraska under the additional medium range army air- the Guard and Reserve. And, like so unanimous-consent request. Is that craft; many of us, we express our best judg- correct? $76 million in unrequested funds for ment and seek to try to be convincing The PRESIDING OFFICER. The Sen- Longbow helicopter modifications; among our colleagues. He did that on ator is correct. $140 million in unrequested funds for two occasions and the majority of the Mr. EXON. I will take that time at Kiowa helicopter modifications; Senate in the committee and on the this moment. $32 million in unrequested funds for floor decided on a different means to Mr. President, if the average Amer- ground support avionics; address the Guard and Reserve. So the ican was to read the 1996 Defense Au- $37 million in unrequested funds to battle was fought. The battle was de- thorization Act conference report now buy 750 additional Hellfire missiles; cided. We go on with our business. before the Senate, he or she might be- $36 million in unrequested funds to Of course, he has a perfect right to lieve that there was a mistake in the buy 450 additional Javelin missiles; come and express such disappointment printing of the bill’s title. The content $43 million in unrequested funds to as may remain on this subject. But of the conference agreement, the rhet- buy 1,500 additional MLRS missiles; nevertheless, we have a solid provision oric in the report, and the pork add-ons $50 million in unrequested funds to in this bill for the Guard and Reserve contained in the legislation are more buy MLRS launchers; and it reflects the majority views of in keeping with the cold war environ- $18 million in unrequested funds to the Armed Services Committee as well ment of 1986, not the post-cold-war buy 29 additional Army tactical mis- as the Senate as a whole. world of 1996. siles; December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18857 $14 million in unrequested funds to $96 million in unrequested funds for to mention endangering prospects of buy Army tracked vehicles; C–135 modifications; ratifying next year the chemical weap- $82 million in unrequested funds to $63 million in unrequested funds for ons convention and a comprehensive buy Howitzers; Air Force aircraft modifications; nuclear test ban treaty. $34 million in unrequested funds for $40 million in unrequested funds to With logic right out of Lewis improved Army recovery vehicles buy 100 additional GBU–15 missiles; Carroll’s ‘‘Alice in Wonderland,’’ the $110 million in unrequested funds for $38 million in unrequested funds to majority wants the American taxpayer M–1 modifications; buy 54 additional Have Nap missiles; to spend $48 billion to defend against a $44 million in unrequested funds for $15 million in unrequested funds to threat which does not exist, the very Army regional maintenance training 100 additional cruise missiles; course of action which will prompt the sites; $344 million in unrequested funds for Russians to renege on their commit- $29 million in unrequested funds to Air Force ammunition; ment to destroy two-thirds of their nu- buy 10,000 additional machine guns; $20 million in unrequested funds for clear weapons, thereby reviving the $33 million in unrequested funds to Cyclone class ships; threat that never would have existed buy 2,100 additional grenade launchers; $17 million in unrequested funds for 2 had we not pursued the system in the $14 million in unrequested funds to additional special operations craft; first place. As that famous cartoon buy 28,000 additional M–16 rifles; $777 million in unrequested National Bayou Alligator might have said: ‘‘We $50 million in unrequested funds for Guard and Reserve equipment specifi- have met the enemy and he is us.’’ small caliber ammunition; cally ear-marked for weapons systems In closing, Mr. President, I would $47 million in unrequested funds for such as 10 new C–139 aircraft and 2 new just like to offer at this time for print- mortar ammunition; C–26 operational aircraft. ing at the conclusion of my remarks an $80 million in unrequested funds for The list I have just recited is a article that appeared in the Sunday tank ammunition; lengthy one indeed, but it only scratch- Washington Post of December 17. $33 million in unrequested funds for es the surface; there are dozens of The PRESIDING OFFICER. Without artillery ammunition; other programs where the majority has objection, it is so ordered. $30 million in unrequested funds for increased the administration’s request (See exhibit 1.) mines; and provided money for programs the Mr. EXON. I would just comment $49 million in unrequested funds for Pentagon has said they do not need briefly on the fact that this starts out ammunition production support; while cutting programs it says it does ‘‘Off to a bad Start II. In both the Unit- $327 million in unrequested funds to need. ed States and Russia, Hopes for Strate- buy Army trucks; The decorations that the majority gic Arms Pact Are Fading.’’ It goes on $136 million in unrequested funds for have hung on the corporate tree are to describe the delays that we have Army communications; numerous and expensive. Defense lob- caused. The concern of the Russians $81 million in unrequested funds to byists have had a banner year to be that we are about to break the ABM buy 4 additional AV–8 Harrier planes; sure. In addition to the $7 billion in un- Treaty was one of the causes I suggest $213 million in unrequested funds to justified spending, this conference re- for the return of the Communist Party buy 6 additional F–18 planes; port contains a number of provisions to a measure of strength in the elec- $65 million in unrequested funds to which will make for a profitable 1996 tions over the last week, because they buy 6 additional Sea Cobra helicopters; for some of the biggest American cor- are feeding on the situation that we do $45 million in unrequested funds to porations, including: not care and we are going to break out buy 17 additional T–39 trainer aircraft; A taxpayer-financed loan program to of the ABM Treaty. $165 million in unrequested funds for export weapons to the third world; In conclusion then, Mr. President, EA–6 modifications; An earmarked noncompetitive ship the Clinton administration has said $42 million in unrequested funds for maintenance contract for a specific that it would veto this bill if it reaches F–14 modifications; shipyard; his desk. I support the President in $32 million in unrequested funds for Numerous earmarked Energy Depart- this decision and believe that the Sen- P–3 modifications; ment projects and programs; ate should save him the trouble by de- $30 million in unrequested funds for Authorization allowing a waiver of feating this conference report. ECM modifications; research and development funds owed The American taxpayer cannot afford $40 million in unrequested funds to the Government by defense contrac- this expensive gilded Christmas tree of buy 45 additional Harpoon missiles; tors; and unneeded weapons and corporate ear- $49 million in unrequested funds for Costly buy-American requirements marks. Likewise, the American na- Tomahawk missile modifications; which will drive up the cost to tax- tional security interests can ill-afford $30 million in unrequested funds for payers of future procurements. this self-defeating policy embodied in Navy support equipment; As I said at the beginning of my this bill, forcing us back to the chill of $1.4 billion in unrequested funds to speech, this Defense authorization is the cold war. buy a LHD–1 assault ship; not forward looking, it is backward Mr. President, I yield the floor and $974 million in unrequested funds to looking. If the Senate had to meet yield back any time remaining as- buy a LPD–17 amphibious ship; truth-in-advertising requirements, the signed to this Senator. $430 million in unrequested funds for clerk would be obliged to change the EXHIBIT 1 Navy ammunition; year ‘‘1996’’on the cover of this report [From the Washington Post, Dec. 17, 1995] $15 million in unrequested funds for to ‘‘1986.’’ However, the cold war flavor OFF TO A BAD START II C–3 countermeasures; of this bill goes beyond the inflated, (By Rodney W. Jones and Yuri K. Nazarkin) $14 million in unrequested funds for parochial spending I have discussed up After months of delay, the Senate Foreign Satcom ship terminals; to this point. The legislative require- Relations Committee moved last week to $17 million in unrequested funds for ments of the conference report are bring the START II treaty up for a vote on equally extreme. The most trouble- the Senate floor. The pact would reduce U.S. sonobuoys; and Russian strategic nuclear weapons to 70 $30 million in unrequested funds for some is the missile defense language percent of Cold War levels and also eliminate intelligence support equipment; that commits our Nation to deploying land-based multiple-warhead missiles, the $34 million in unrequested for Marine a national missile defense system with- most threatening of Russia’s weapons. Un- Corps training devices; in the next 8 years at a likely cost of fortunately, while a favorable Senate vote on $361 million in unrequested funds for $48 billion against a threat that does the treaty is virtually assured, ratification F–15 Advance procurement and modi- not and will not exist. The son of star of the pact by Russia has become increas- fications; wars system mandated in this bill ingly uncertain in recent months. As Rus- would be ineffective against terrorist sians go to the polls today, many will be vot- $159 million in unrequested funds for ing for politicians who question whether F–16 procurement; threats, abrogate the ABM Treaty and START II is still in Russia’s best interest. $133 million in unrequested funds to likely take with it Russian implemen- The prime cause of Russian second buy 3 WC–130 aircraft; tation of START I and START II, not thoughts, according to parliamentarians and S 18858 CONGRESSIONAL RECORD — SENATE December 19, 1995 defense experts in Moscow, is the Repub- This silence, however, is unlikely to as- ator from Vermont at some appro- lican-led effort that began this summer to suage Russian concerns, since Russian must priate time—not now, the Senator from mandate the deployment of a multi-site stra- worry that the ABM issue will return in the Maine has the floor—but the Senator tegic anti-ballistic missile, or ABM, system next congressional session. Moreover, the ap- from Vermont would be recognized for by the year 2003. This system was called for propriations bill mandates completion of the originally in the Senate version of the de- Navy’s ‘‘Upper Tier’’ system, a defense ini- not to exceed 20 minutes on the land- fense authorization bill and endorsed last tiative to produce shorter-range missiles mines issue. I wonder if it would be ap- week by a House-Senate conference commit- that Russia also finds objectionable because propriate—I see the distinguished tee. Yet it would violate the 1972 ABM Trea- of its potential for use against long-range chairman on the floor—that I ask ty, which for more than two decades has weapons. unanimous consent that upon comple- helped curtail a costly buildup of defensive Russian arms control experts are also trou- tion of the comments of the Senator nuclear weapons and countervailing offen- bled by the thinking of some U.S. lawmakers from Maine that I be recognized for my sive weapons. who believe that the AMB Treaty is an obso- time? If there is somebody else who It first became clear that START II was in lete Cold War measure. The Russians point serious trouble last month when parliamen- out that if the ABM Treaty is to be revised wants it, I am perfectly willing to do a tary leaders in Moscow who had supported in light of the post-Cold War situation, they different time. I wonder if that would START II hearings in July concluded that a see it as equally reasonable to amend and be satisfactory. ratification vote in the waning months of adapt the START treaties. After all, they Mr. THURMOND. Mr. President, we 1995 would fail. To avoid a foreign policy cri- argue, the cumbersome and intrusive START have no objection. sis over a negative vote, they postponed fur- verification provisions were elaborated in a Mr. LEAHY. I so ask unanimous con- ther action on the treaty. climate of mutual suspicion and mistrust sent. Regrettably, the prospect for uncondi- and were based on worst-case scenarios tional Russian ratification of START II next The PRESIDING OFFICER. Without about the other side’s intentions. objection, it is so ordered. year is no more promising. Following today’s These Russian critics suggest that Mos- election, the State Duma, Russia’s lower cow’s obligations under START II are large- Mr. COHEN. Can I inquire as to house of parliament, is expected to be even ly irrelevant to current realities. The Rus- whether my 20 minutes starts now? more critical of START II and of the United sians are required by the treaty to alter the The PRESIDING OFFICER. Who States than its predecessor. Russian political structure of their strategic triad by 2003. yields time to the Senator from Maine? parties and factions opposed to the treaty This will entail sizable expenditures both to Mr. THURMOND. Mr. President, I will probably gain seats at the expense of the eliminate all multiple-warhead land-based yield 20 minutes to the distinguished reformist and democratic parties that gen- ICBMs (intercontinental ballistic missiles) erally support it. President Boris Yeltsin’s Senator from Maine. and to replace them with single warhead The PRESIDING OFFICER. The Sen- poor health and the growth of assertive na- missiles. Given the current U.S.-Russian tionalism in Russia further clouds START ator from Maine is recognized for 20 partnership, Russian START II critics argue, minutes. II’s chances. such measures are not essential to the stra- Even the Russian military leadership, tegic security of both nations and should be Mr. COHEN. Mr. President, we just which had steadfastly supported START II, open to revision. heard a standard display of Democratic shows signs of cooling toward the treaty in The Russians are completely uninterested rhetoric from our colleague from Ne- the wake of U.S. congressional action threat- in negotiating amendments to fundamental braska. According to my colleague ening the ABM Treaty. The Russian military provisions of the ABM Treaty. This appar- fears the United States’ real intent is to gain from Nebraska, whatever the Pentagon ently was well understood by those pushing strategic superiority over Russia. The Rus- sends up here, Congress is duty bound the antiballistic missile initiative in Con- sian military dismisses as preposterous U.S. to oblige. If they send up a bill request- gress, for they also included the possible al- assertions that the legislation is aimed at ing certain systems, we either have to ternative of U.S. withdrawal from the ABM protecting American soil from the threat of Treaty. Russia might consider changes to accept them or reject them, but no dis- a handful of long-range missiles from North the ABM Treaty—but only along with par- cretion is left for us to exercise, I gath- Korea and other small countries. In effect, allel changes in START II. er from the statement of my colleague Russian military leaders argue, the United Would this be acceptable to U.S. officials, from Nebraska. States would be deploying new defense mis- legislators and 1996 Republican presidential Mr. President, I recall when they siles just as Russian was completing the re- candidates? Renegotiating current nuclear duction of its offensive missiles under were in the majority. Whenever the treaties with the purpose of adapting them START II’s requirements. Russian would be President sent a bill up here, it was to new realities—as instruments for regulat- more vulnerable and the United States less standard Democratic rhetoric: ‘‘What- ing the nuclear forces of both nations—would so. mean embarking on a long and formidable ever the President proposes, forget Ivan Rybkin, the Duma speaker, expressed process. about it, Congress disposes. It’s the the growing disenchantment with START II If the United States is not prepared to congressional responsibility to formu- in the newspaper Nezavissimaya Gazeta on enter such a process, yet withdraws from the late a budget, not the President’s. He Nov. 5: ‘‘We cannot be bothered any longer, ABM Treaty or takes steps in that direction, given this situation that propels plans for submits it, but we dispose of it.’’ if would mean the end of START II—the end NATO enlargement and reveals our U.S. con- So now that they are in the minority, of real, dramatic reductions in the numbers gressional colleagues’ intentions to begin a they are complaining that this exceeds of the world’s most destructive weapons. process that threatens the ABM Treaty—the the President’s request. They did not Is it still possible to resuscitate START II cornerstone of the existing arms control re- have that particular concern when in Russia? Right now, it seems unlikely. If gime.’’ Clinton vetoes the defense authorization, they were in the majority. So I think it Russian misgivings about START II is incumbent to point out, for example, haven’t come overnight. Initially Yeltsin with its ABM mandate, the prospects for sav- and the Russian military leadership firmly ing START II would improve, but only that there was a certain land transfer, believed that START II was in Russia’s in- slightly. called the Corn Husker Army Ammuni- terest. They recognized benefits for Russia— Russian opponents of START II may now tion Plant. It was not in the Presi- the fact that START II’s deep reductions insist on delaying Russian ratification until dent’s request. It was added somehow. would enhance stability, reduce future de- the results of the 1996 U.S. presidential (and So it has been historically the case fense costs, ensure formal strategic parity congressional) elections can be evaluated. that the Congress has the power and re- with the United States and contribute to Repairing the growing damage to U.S.-Rus- sian relations and U.S. interests in nuclear sponsibility to decide which land trans- long-term cooperation between the two pow- fers should be included and which ers. The Clinton administration also worked threat reduction will become steadily more to alleviate Russian uneasiness over U.S. na- difficult unless Congress revives the tradi- should not, which systems should be tional missile defense activities. But the tion of bipartisan statesmanship on nuclear built and which should not. When the ABM developments of late have changed weapons issues that has prevailed since the Pentagon makes a request, it does not Russian feelings toward START II. end of the Cold War. mean the Congress simply rolls over If Clinton vetoes the defense authorization Mr. COHEN addressed the Chair. and either accepts it or eliminates it. bill as he has promised, a direct conflict over The PRESIDING OFFICER. The Sen- What my colleague failed to point the ABM Treaty will be avoided. Congres- ator from Maine. out is that, as I believe Secretary sional direction of the U.S. military might Mr. LEAHY. Will the Senator from Perry has noted, procurement has been then be provided exclusively in the defense appropraitons bill. That legislation, which Maine yield for a question? cut back rather significantly, about 72 the president approved earlier this month, Mr. COHEN. Certainly. percent since the height of Ronald Rea- says nothing about deploying an ABM sys- Mr. LEAHY. Mr. President, I under- gan’s defense budgets. A 72-percent cut tem. stand under the prior UC that the Sen- in procurement, and Secretary Perry December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18859 said if there was going to be an in- guage that we negotiated actually en- believe to be in the best interest of the crease over the President’s request, as visioned either amending the treaty or American people. we provided, it should be put into pro- indicating we would withdraw from it, So what this debate over missile de- curement. as the treaty permits. fense is really all about, it is not about So that whole long litany of systems In fact, the compromise called for ne- whether the conference report some- cited by my friend from Nebraska real- gotiations to amend the treaty and how endangers the ABM Treaty, be- ly ignores the fact that the Defense De- stated that if we could not successfully cause it clearly does not, but whether partment itself said if we had more negotiate amendments, we would actu- we are going to proceed toward the de- money, we would spend it on procure- ally consider withdrawing from it. It ployment of a national missile defense ment, and that is precisely what we seems to me the language we have be- system as permitted by the ABM Trea- have done. fore us is actually much weaker than ty even today. I want to talk a little bit about the that. The Senate compromise language Frankly, I think it is unfortunate national missile defense system. I was that we passed 84 to 15 called for a sys- that some of the Members on the other really struck by the statement that tem that would actually go beyond the side come forward to declare that this the Communists are coming back into bounds of the ABM Treaty, but the conference report constitutes an ‘‘an- power because we are debating whether conference report does not. The con- ticipatory breach’’ of the ABM Treaty we are going to have a national missile ference report does not even mention a and warn the Russian Duma might kill defense system. I never heard anything multiple-site system. There is no men- the ABM Treaty in response. so absurd in my life. tion at all of a multiple-site system. It There is nothing in this report that Whether the Communists come back does not say we cannot develop one, would cause the Russians to react in a into power has little to do with our de- but there is no requirement that we do negative manner, but the Russian bate right here. It has everything to do develop one. Duma might be incited to react by, I with what is taking place in Russia The major change on national missile think, careless remarks being made by right now in terms of their troubled ef- defense in this language is that under some Members in this Chamber. forts in trying to democratize their the Senate-passed compromise, we I was disturbed last weekend to read country, to move to a capitalist sys- would ‘‘develop for deployment’’ in the an opinion article in the Washington tem, to a democratic capitalist system. future, and that language has been Post, coauthored by a Russian arms ne- I think it ironic they come to the changed to ‘‘deploy’’ in the future. But gotiator that followed this false line of floor and suggest that because we want we have actually written it in a way reasoning. a system to protect the American peo- that would allow us to deploy a system The quote was, ‘‘The prime cause of ple, this is going to require the Rus- consistent with the ABM Treaty. That Russian second thoughts’’ about the sians to return to their old Communist is the irony involved, because you START II treaty, according to Yuri ways. could have one site, theoretically, pro- Nazarkin, ‘‘is the Republican-led effort A great deal has been said about the viding defense for the United States. that began this summer to mandate national missile defense system, but That would be consistent with the the deployment of a multisite strategic not a lot has been said about the imme- ABM Treaty. antiballistic missile, or ABM, system diate threat to our troops overseas as By the way, I want to point out, the by the year 2003. This system,’’ well as our allies, which are theater Russians already have an ABM system. Nazarkin writes, ‘‘was called for origi- missiles. This bill makes great strides They have their one site. So we could, nally in the Senate version of the de- toward protecting our allies and our in fact, be consistent with the ABM fense authorization bill and endorsed servicemen and women who are abroad Treaty developing one site that could, last week by a House-Senate con- from these kinds of theater missiles theoretically speaking, potentially ference committee. Yet, it would vio- that can be targeted at them. protect all of the United States. late the 1972 ABM Treaty,’’ Nazarkin Did we not learn anything during the So I find it ironic that they are now concludes. Persian Gulf war? Do we want our saying this particular language is That is simply not accurate. troops to again be in the situation they going to destroy the ABM Treaty; this The conference report, as written, faced in Saudi Arabia and that Israel language is causing the Russians to does not violate the treaty. The fact is faced? A situation in which we had to rethink their role in the world with re- that we could deploy an ABM system, depend upon Patriots to take down spect to the United States; this con- if necessary, from a single site, which those Scud missiles? ference report is going to cause them would be consistent with the treaty. The TMD programs accelerated by to turn to communism once again. For those Members to come on to the this bill are designed to protect our That is clearly the most excessive rhet- floor and say this is an anticipatory service men and women abroad and oric that I have heard to date. breach is wrong. It sends precisely the also our allies. It is something the ad- The fact of the matter is that the ad- wrong signal. If other Members are ministration also supports, by the way. ministration is opposed to the deploy- worried about the Russian Duma react- This bill is a strong endorsement of the ment of a system of any kind to defend ing negatively, they have their own TMD systems. the American people. And during the words to point to in terms of why this With regard to national missile de- conference negotiations, White House is taking place. fense, a number of statements have officials made it clear they would op- We have to ask why is a Russian been made about the conference report, pose any legislation that altered in any arms negotiator, who carries weight in that somehow it endangers the ABM way the administration’s so-called Na- Moscow, making erroneous state- Treaty. And, again, I found this some- tional Missile Defense Technology ments? He is repeating the erroneous what ironic. It makes very little sense Readiness Program, what they call a statements being made right here on to me. We passed language by a vote of rolling hedge, but I think is more accu- the Senate floor. I urge my colleagues 84 to 15 that had been negotiated by rately described as simply spinning our to read, very carefully, the language in Senator WARNER, myself, Senator wheels. In other words, they threaten this report. NUNN and Senator LEVIN. And this Sen- to veto any defense authorization bill Mr. President, I want to spend a few ate compromise language that was en- that did anything other than rubber- moments in talking about the B–2 dorsed by an overwhelming vote was stamp their National Missile Defense bomber. My colleague from Nebraska actually watered down in conference. Program. mentioned that this is a system which That is what strikes me as being so Mr. President, we are the ones who the Defense Department did not call ironic about this. control the power of the purse. We can- for, and I agree. In fact, for many years The Senate compromise we nego- not accept the administration telling I led the effort to terminate the B–2 tiated, for example, called for the de- us: You cannot change under any cir- program here on the floor with the velopment of a national missile defense cumstances the formulation of a pro- Senator from Vermont, Senator LEAHY, system with multiple sites. Since the gram. They have the right to veto it, and in the committee this year I led ABM Treaty, as amended, only allows but we should not in any manner fore- the successful effort to strike funding one site, the Senate compromise lan- go our power to try to define what we for the B–2. There were some Members S 18860 CONGRESSIONAL RECORD — SENATE December 19, 1995 on the other side who support the B–2, grams that would be required by any the excellent remarks he just made. He and some on our side support it. It is future decision to buy more B–2’s. is a staunch member of the Armed not that I do not support the B–2 bomb- What the conference does talk about is Services Committee, and we are very er; it is a fine aircraft. The fact of the using the authorized funds for support- proud of what he does for the defense of matter is that I do not think we can af- ing the existing B–2 fleet, not to open our Nation. ford to start building 20 new B–2 bomb- up a new B–2 line. Mr. President, I yield the floor. ers, which is what Members of the Mr. President, I will conclude by tell- Mr. LEAHY addressed the Chair. House would like to do. ing you what I think is going on here. The PRESIDING OFFICER (Mr. The conference report did provide The President’s political advisers GREGG). The Senator from Vermont is $493 million above the administration’s would like the President to veto this recognized. request for the B–2. But, again, con- bill, so he could score points with cer- Mr. LEAHY. Mr. President, I am trary to what some have said, it in no tain constituencies by arguing that we pleased that the chairman of the way endorsed the production of addi- are spending too much on defense. Armed Services Committee, Senator tional B–2 bombers or bringing back They wanted him to veto the DOD ap- THURMOND, and the ranking Demo- the B–2 bomber production base. All of propriations bill for the same reason, cratic member, Senator NUNN, and I these funds, I point out, have been but he could not do so because he want- have reached an agreement that per- fenced until March 31. Hopefully, the ed to win over some of the Members of mits this bill to be voted on today and administration will send up a rescis- this body on the Bosnia resolution. sent to the President. I intend to vote sion bill to take the funds out for the Now they are saying that while we lost against the bill for a number of rea- B–2 bomber. that particular battle—he signed the sons—arms control and others. But I do The only statement in the conference bill even though he did not want to and not want to hold up any further action report regarding this $493 million is the the funds have been appropriated—so on it. Senate conferees’ statement that the let us please certain constituents by I am not going to take the Senate’s funds can be spent—I want to empha- urging him to veto this measure. time to repeat the contents of the size these words—‘‘only for procure- But the President faces a real di- agreement. It speaks for itself. It is of ment of B–2 components, upgrades, and lemma on this. He has deployed Amer- critical importance, because the provi- modifications’’ for the existing B–2 ican troops to a war zone in Bosnia. sion that will be deleted from the bill, fleet. The House conferees have re- Congress has adopted legislation sup- or reversed in the next Defense author- mained silent on this issue. They were porting the troops in the field. If the ization bill, would have the effect of insisting that they could put language President vetoes this conference re- undermining an amendment that in the manager’s statement that would port, he is going to be perceived by passed the Senate by a vote of 67–27. It allow for the opening of a brand new many soldiers and their families as is an amendment that has been agreed production line, and we successfully re- withholding support for them—at the to by the House in the fiscal year 1996 sisted that. Our language is that it very time that he has dispatched them foreign operations conference report. should be used for spare parts, up- on a very dangerous mission. I think this is only the first or sec- grades and modifications of the exist- If he vetoes this, he will be vetoing a ond time in my 21 years here when I ing fleet, and not to open a brand new pay raise for the troops in Bosnia and felt compelled to delay action on a line. all of our troops. He will be vetoing an piece of legislation. I did it in this in- Second, because of our concern over increase in the housing allowance that stance because it is an issue I feel very, the cost of the B–2, we called on the supports their families back in Ger- very strongly about. Secretary of Defense to explore what many, here in the United States, and new technologies might be developed in around the world. He will be vetoing a For the past 3 years, I have been try- the coming years for a new type of new program to allow DOD to use the ing to get the U.S. Government, and bomber that, hopefully, would be less private sector to improve military other governments, to act to stop the expensive than the B–2. housing, which is a program DOD des- proliferation and use of antipersonnel Make this very clear, Mr. President. perately wants and our soldiers and landmines. There has been remarkable We are opposed to opening up a their families desperately need. progress. In the past 9 months, several brandnew line of the production of B–2 In short, the President faces a di- NATO countries took steps far exceed- bombers. Now, some of our Members lemma. If he vetoes this bill, he will ing those called for in the Leahy want that. But, frankly, the conferees score some political points, but it will amendment. Nineteen countries have on the Senate side believe that that harm our troops and their families, in- urged an immediate, total ban on these was simply not affordable, and the con- cluding those now putting their lives weapons. This was unheard of, even ference report reflects that view. on the line in Bosnia. unthought of, 10 years ago. Mr. President, we asked the Sec- So the members of his party in the The Leahy amendment falls short of retary of Defense to make an examina- Senate are trying to save him from that, but it would be a step toward that tion of exactly what he would cut out this dilemma by defeating this con- goal, a goal I support and, in fact, a if Congress were to direct him in the ference report on the Senate floor. goal that President Clinton declared at future to buy more B–2’s. The Sec- That is what this debate is really all the United Nations 1 year ago. retary of Defense has to come back and about. All this discussion about the I want to respond briefly to some- identify for us which programs he ABM Treaty and the various programs thing the chairman of the Armed Serv- would cut because, clearly, it would ex- and the add-ons is really a cover for ices Committee said yesterday. He said ceed the President’s budget and the 5- this issue. my amendment would ‘‘impose a mora- year defense plan. Because if any deci- American troops are in the field. torium on the defensive use of anti- sion were ever made to buy more B–2’s, Their worried families are back in Ger- personnel landmines by U.S. Armed we would have to then, at that time, many and elsewhere, living in woefully Forces,’’ and that it would ‘‘require the start picking and choosing which sys- substandard housing. We should be removal of minefields emplaced in de- tems would have to be deleted or thinking about them and not the 1996 militarized zones.’’ I know some in the defunded. That is something every election season. Pentagon who lobbied against my Member ought to understand as to I urge my colleagues to look beyond amendment may have said that, but what we were able to achieve. the litany of excuses offered on the that is not correct. To recap, Mr. President, there is not other side for opposing this bill and do My amendment would impose a 1- a single word in the conference report the right thing and pass the conference year moratorium on the use of anti- about buying components for new B–2’s report. If the President chooses to veto personnel mines except along inter- or bringing back the B–2 production fa- it, let that be his choice, not ours. national borders and except in demili- cilities that were closed. Everything in I yield the floor. tarized zones, where, I stress, their use this conference report is focused on the Mr. THURMOND. Mr. President, I is obviously defensive. I included that high cost of the B–2 and the unaccept- want to take this opportunity to com- exception after discussions with offi- able trade-offs of other defense pro- mend the able Senator from Maine on cials in the administration, including December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18861 the Pentagon, and with foreign govern- of the mines are plastic. They are im- in Somalia. He considers himself lucky ments. I concluded that in these lim- possible to detect with metal detectors. because he survived, unlike so many ited instances—in fixed minefields They are the size of a can of shoe pol- mine victims in that country. along internationally recognized bor- ish. Most are strewn randomly. What These are the Saturday night spe- ders and in demilitarized zones where maps exist are unreliable. cials of civil wars. We have a lot more everyone knows where the mines are In Bosnia already, 24 United Nations to gain if we declare their use a war and where civilians can be effectively soldiers have been killed by mines, and crime. excluded and compliance monitored, an 204 have been injured. Thousands of ci- Since August 4 when my amendment exception was warranted. I am talking vilians have suffered similar fates. Mr. passed the Senate, over 10,000 people about places like the demilitarized President, it is such a common occur- have been killed or horribly maimed by zone between North and South Korea, rence that in Tuzla there is a place these tiny explosives that are triggered or the border between Finland and Rus- where you can buy one shoe—not a pair by the pressure of a footstep. Think of sia. Again, my amendment does not re- of shoes—but one shoe. Because so that. In just the past 5 months. quire the removal of these landmines. many people have lost a leg or a foot My amendment is modeled after our I do want to concur with the distin- from the landmines. 1992 law to halt U.S. exports of anti- guished chairman of the Armed Serv- I mention this not to add to the anxi- personnel mines. Since we passed that ices Committee when he said yesterday ety of the families of our troops. They law, 29 governments have stopped all or that the bill contains $20 million for will be as prepared as any can be to most of the exports, and others, includ- humanitarian demining activities—to avoid the threat of landmines. But ing France, Belgium, Austria, and the remove these mines. I am glad he there is no way to totally eliminate Philippines have taken steps to ban agrees with me about the compelling that threat. their production or use of anti- need for these funds, something I have Last week, a United States sergeant personnel mines and even to destroy urged in the past, in the Appropria- in Bosnia was quoted as saying he their stockpiles. tions Committee as well as the Armed wanted to be sure all the mines are It is also totally consistent with Services Committee. These are funds gone before he led his men into an what the President called for at the used to train and equip foreign person- area. If my son was there I would want United Nations a year ago, when he de- nel to remove landmines, in countries him under the command of a sergeant clared the goal of the eventual elimi- that do not have the expertise or capa- like that. The fact of the matter is nation of antipersonnel landmines. bility to do it themselves. that nobody can guarantee it. Even Every day, 72 more people die or are There are 100 million—100 million— after our soldiers leave, the civilians mutilated by landmines. We need to unexploded landmines. They are in and the refugees will go back to their stop talking about what we are going over 60 countries. If not one landmine land. When that time comes, the land- to do ‘‘eventually,’’ and start doing it was ever put down in the future, there mines will be there. Most countries today. would still be 100 million in 60 coun- that are littered with landmines, My amendment is a step toward that tries, waiting to explode. Bosnia has a Bosnia included, cannot begin to afford goal. I thank the 67 Senators, Repub- small percentage of them, but that is 4 the cost of clearing them. As one per- licans and Democrats alike, who voted to 6 million landmines. The Defense son told me from one of those coun- for it. Department has done an excellent job tries, ‘‘We clear the landmines an arm The Pentagon says it did not create in getting the humanitarian demining and a leg at a time.’’ this problem and that halting our use program started. The regional CINCS Last week, UNICEF called for a ban of these weapons would not solve it. have all expressed very strong support on these weapons because of the car- That kind of defeatist attitude does for it. nage they are causing among children, not belong in the Pentagon or any- Mr. President, I was prepared to and they called for an international where else. Lest anyone forget, the speak for as long as necessary if we had boycott of any company that manufac- moratorium in my amendment does not been able to reach an agreement to tures them. The American Red Cross not cover antitank mines or command delete this provision. I am very grate- has called for a ban. The U.S. State De- detonated claymore mines that are ful to Senator THURMOND and Senator partment estimates that every 22 min- used to guard a perimeter. It would not NUNN, for their willingness to do this. I utes someone is killed or maimed by a take effect for 3 years. also want to thank Senator WARNER, landmine. In the time I am speaking The purpose of delaying its imple- who I know cares a great deal about here now at least one person some- mentation is to give us time to go to the landmine problem. where will be killed or horribly crip- other governments and say ‘‘we are As we watch our troops land in pled for life by a landmine. prepared to stop this, and we want you Bosnia, the horror of landmines, and We can debate all day about whether to join us.’’ It gives us the moral au- the serious impediment they pose to landmines have a military use. Of thority, and it shifts the responsibility our forces, have become obvious to ev- course they do. What weapon does not to them. If the United States shows eryone. Look at this map. I ask my col- have some military use? But do they leadership, strong leadership, if we halt leagues to take a moment to look at save lives? I challenge anyone in the our use of these indiscriminate weap- this map. Half of the former Yugo- Pentagon to prove that landmines save ons even temporarily, it will give a tre- slavia is a minefield. lives. One-third of our casualties—one- mendous boost to the global effort to In many areas, our troops will have third—in Vietnam were from mines, in- ban them. to crawl on their knees, probing every cluding American mines. Our troops The certification in this bill, which single inch of the ground, to be sure it were casualties of their own mine- was never debated or approved by ei- is free of mines before they move on. fields. That is up from 10 percent of ther body, sounded innocent enough. Any step could be their last. It could be what they were in World War II. A But its effect would have been to pre- a landmine that was put there ran- quarter of the Americans killed in the vent the moratorium from ever taking domly, weeks, months or even years gulf war were from mines. Twenty-six effect. It would have given the Penta- ago, and now lying hidden beneath mud percent of American casualties in So- gon a veto. Some have asked why or snow. malia were from mines. These are the wouldn’t I want to know if the morato- This is not an isolated problem. It is Army’s own statistics. It will be a mir- rium would endanger the lives of Unit- a plague that has infested almost every acle if Americans do not lose their ed States Armed Forces. Of course I am continent—Somalia, Rwanda, Bosnia, limbs or lives from mines in Bosnia. interested in the Pentagon’s opinion. Central America—everywhere our In October, an American nurse lost The conference report already asks for troops are sent, either in combat or as both legs and part of her face from a it. Even after the certification provi- peacekeepers, they will face landmines, mine in Rwanda. In June, two Ameri- sion is deleted, per our agreement, the millions and millions of them. cans died from a mine while they were conference report will still contain a But the overwhelming majority of on their honeymoon in the Red Sea requirement that the Chairman of the the victims are innocent civilians. In area. Another lost a leg and part of an- Joint Chiefs of Staff submit a report to Bosnia, like so many countries, many other foot on a humanitarian mission the congressional defense committees S 18862 CONGRESSIONAL RECORD — SENATE December 19, 1995 containing his responses to seven ques- give you a probe to search for mines. the mud and snow of Bosnia, where thou- tions concerning a moratorium on the Work your way out through that mine- sands of U.S. troops will be spending Christ- use of landmines. I have discussed this infested field and negotiate an agree- mas. Every day, we hear about the hidden threat with Senator THURMOND, and he agrees ment on these perfidious weapons. And that is more dreaded than the weather, more that he will join with me in submitting when you are done, work your way feared than the snipers and the hatred that some additional questions I have to the back. infect the area. The number of land mines is Chairman of the Joint Chiefs, for inclu- ‘‘If you have not reached agreement estimated at between 4 and 6 million. Sen. sion in that same report. on the first day, the table will be in a Patrick Leahy (D-Vt.) calls these $2 weapons Mr. President, the Pentagon wants different field on the second day. And ‘‘the Saturday Night special of civil wars.’’ an exception for mines that automati- in a different one on the third day.’’ There are an appalling 100 million of them cally self-deactivate. I wish that were Mr. President, I think we probably scattered around the world, many of them the solution, but it is not. Those mines would have an international ban on the planted in countries to which our troops may be sent. The prospects make the heart sink. are just as indiscriminate. There is no use of indiscriminate antipersonnel One-third of our Vietnam casualties were way to limit how many can be used. landmines very, very quickly. caused by land mines, although the majority There is no way to get governments or I am not so naive to think that there of land mine victims are civilians. rebel groups that have millions of the would not be some pariahs who would The Pentagon, while wringing its hands $2 variety, which do not self-deacti- continue to use them. But, like chemi- and beefing up anti-mine training, is press- vate, to destroy them so they can re- cal weapons and nerve gas and anthrax ing its campaign against the anti-land mine place them with more expensive, mod- and dum dum bullets and so on, those legislation introduced by Leahy. The chief lobbyist for keeping the world safe for land ern mines. The only way is to ban all who use them are so much the excep- mines is none other than the chairman of the indiscriminate, antipersonnel land- tion to the rule that they would be Joint Chiefs of Staff, Gen. John mines. branded international pariahs and war Shalikashvili. He says we need land mines to Mr. President, we have seen photo- criminals. ‘‘protect our troops,’’ an ironic formulation graphs of our soldiers crawling on their Maybe then a child like this can walk in view of the clear and present danger they stomachs, with sticks in their hands, in a field without losing her leg. Maybe present in Bosnia. trying to find where the landmines are, people could put their country back to- ‘‘While I wholeheartedly support U.S. lead- never knowing when they put their gether after a war. Maybe American ership in the long-term goal of anti-person- nel land mine elimination,’’ he wrote in a hand out just to brace themselves men and women who go on humani- letter to one congressman, ‘‘unilateral ac- whether their arm will be blown off. tarian or peacekeeping missions would tions which needlessly place our forces at That is terrible enough. But this pic- go with one less danger. risk now will not induce good behavior from ture is what you see in most countries. Mr. President, I ask unanimous con- irresponsible combatants.’’ That is not a combatant. This is the sent that a copy of a letter to me from The Pentagon is pushing a high-tech solu- typical landmine victim, a young girl Senator THURMOND, describing our tion: a land mine that expires within a given period of time. The hope would be that the 60 with one leg gone. Her life changed for- agreement, be printed in the RECORD, along with a newspaper article from countries that have planted the cheap mines ever. will dig them up and replace them with the Mr. President, during the Civil War, the Washington Post, dated December more expensive version. Translation, accord- General Sherman—no great humani- 17, 1995. ing to Leahy: The Pentagon will decide what tarian, called landmines ‘‘a violation of There being no objection, the mate- weapons to get rid of—no civilian on Capitol civilized warfare.’’ If President Clinton rial was ordered to be printed in the Hill is going to tell them. can restrain the Pentagon and my RECORD, as follows: The commander-in-chief generally makes such decisions. Bill Clinton is an instinctive amendment becomes law, the United U.S. SENATE, opponent of an indiscriminate killer like the States will be able to show strong, COMMITTEE ON ARMED SERVICES, land mine. A year ago, he told the United Washington, DC, December 18, 1995. moral leadership to rally others to put Nations General Assembly that the U.S. goal Senator PATRICK J. LEAHY, an end to this hideous, global curse. It is the ‘‘eventual elimination of anti-person- U.S. Senate, will not be in time to prevent casual- nel land mines.’’ Since then, however, he has Washington, DC. ties of Americans or others in Bosnia, fallen silent. He seems to have retreated in DEAR SENATOR LEAHY: Pursuant to our dis- but it will save countless lives in the cussion on the floor this morning concerning the face of pentagon opposition. Lately, he future. consideration of the National Defense Au- has been somewhat more assertive in his role Mr. President, I know of no Member thorization Act for Fiscal Year 1996, I would of chief of the armed forces, but he still of the Senate, Republican or Democrat, like to recap our agreement. tends to defer to the chairman of the joint who feels any affection for landmines. We have agreed that: Chiefs. The rest of the administration is 1. You will control 20 minutes of debate on deeply divided. Certainly those who served in combat Leahy has been the leader of the opposi- know how terrifying it is to know that the landmine provision and I will control the same mount of time; tion to land mines since 1989. He was haunted there may be landmines under foot. 2. You will not filibuster the defense au- by the sight of a handsome 10-year old boy at Where we diverge, some of us, is how to thorization conference report and will not the Nicaraguan-Honduran border who was get rid of them. object to a unanimous consent for a time limping around on a home-made crutch. A I believe that as the greatest mili- certain to vote on the defense authorization land mine had taken one leg and had ‘‘ruined tary power, we must set an example. conference report and; his life.’’ Leahy established a $5 million an- There were negotiations in Vienna in 3. If the current version of the FY 96 De- nual fund to help victims. Three years later fense Authorization bill does not become he got a one-year moratorium on the U.S. September on proposals to deal with export of land mines. Legislation banning the landmine problem. It ended with- law, I will do everything in my power to en- sure that section 1402(b) (concerning a cer- land mine use passed the Senate by a two- out agreement, partly because the tification in relation to the moratorium on thirds vote this fall and the House by a voice United States did not exercise as landmine use) is deleted from any subse- vote. It is currently stuck in conference. strong leadership as it should have, and quent version of the bill. If the current ver- Leahy knows his colleagues sigh and roll could have, on this issue, but also be- sion of the FY 96 Defense Authorization bill their eyes when he gets up for yet another cause of resistance by the armed forces is signed into law, I will do everything in my land mine speech and shows photographs of the hideous consequences to the causalities, of other countries. We did not push for power to ensure that section 1402(b) is re- versed in the next Defense Authorization who, incidentally, are often children. On the what the President of the United coffee table of his office, he keeps a small States called for at the United Nations, bill. Sincerely, round green object made of plastic and rub- the eventual elimination of landmines. STROM THURMOND, ber that looks like a shoe-polish container. I have been to Vienna. It is a beau- Chairman. It is the mine of choice for most of the coun- tiful city with luxurious accommoda- tries whose land is sown with them. He says tions. I could not help but think, if [From the Washington Post, Dec. 17, 1995] that if U.N. negotiators were required to sit around a table in the middle of a field in those same diplomats were to meet in THE PENTAGON’S MINE GAMES a field in Cambodia and were pointed to Cambodia—now ‘‘a land of amputees,’’ in (By Mary McGrory) Leahy’s words—they would agree on a ban in a table several hundred yards out in It’s ‘‘PEACE on earth’’ time. But peace in a matter of two days at the most. the field, and told to walk out to that earth is of more concern. The Pentagon is The cheap plastic mines of Bosnia are dif- table—‘‘Work your way out. We will worried sick about the death buried under ficult to detect, Leahy notes. An aide gets December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18863 down on his knees to show how soldiers must naval station in Guantanamo Bay, Defense Appropriations Act when pass a hand-held detector inch by inch over Cuba and other United States installa- signed by the President. a suspect area. The Leahy ban would do tions; Under the leadership of Senator nothing in Bosnia. But the Army’s dilemma The cost of replacing those anti- THURMOND, this bill provides many has spotlighted the issue, which Leahy says stirs the same powerful reaction in audiences personnel mines with substitutes and critically needed increases for the of all persuasions—the VFW, NRA and the the level of protection provided by the quality of life for the military. Mili- League of Women Voters. Nineteen countries substitutes; tary pay, benefits, and allowances were are for the ban. The extent to which the defensive use again fully funded in the Defense ap- But in the Senate Armed Services Commit- of antipersonnel and antitank land- propriations bill. These initiatives re- tee, men like Strom Thurmond, Sam Nunn mines are a source of civilian casual- flect not only the Appropriations Com- and John Warner, inveterate defenders of the ties around the world and the extent to mittee’s priorities but also those of Defense Department, support the Pentagon’s attempts to gut Leahy’s bill, even though it which the United States and the De- Senator THURMOND and the Armed wouldn’t take effect for three years and per- partment of Defense have contributed Services Committee members, their mits mining of border and demilitarized to alleviating the illegal and indis- longstanding efforts. We have joined areas. criminate use of these munitions; together to provide for the needs of the Only the president can lead the way out of The impact or effect of the morato- men and women who served in the the world’s mine fields. rium on U.S. Armed Forces during op- Armed Forces and their families. Mr. LEAHY. I yield the floor. erations other than war. I want to, once again, commend Sen- The PRESIDING OFFICER. The Sen- Last, the provision would require the ator THURMOND for sustaining these ator from South Carolina. Secretary of Defense to certify that a quality of life items in the bill he has Mr. THURMOND. Mr. President, I do legislated moratorium would not ad- now presented to the Senate as a con- not believe that I will use the 20 min- versely affect U.S. Armed Forces defen- ference report. These priorities enable utes allotted for me to respond to Sen- sive capabilities and that they have me to support the bill generally while, ator LEAHY, as I spoke about my con- adequate substitutes. as I said, I do find it flawed in in- cerns with his landmine provision yes- The Department of Defense, the stances compared to the same bill as it terday. I will, however, reiterate a Joint Chiefs of Staff, and the Depart- passed the Senate in September. number of concerns expressed by my- ment of Justice have raised objections There are initiatives that are not self, and other members of the commit- to the Senator’s provision, and particu- supported by the Department of De- tee, as well as the Department of De- larly to the implementation of a mora- fense, not funded in the defense appro- fense, the Chairman of the Joint Chiefs torium on the use of antipersonnel priations bill, and in some instances of Staff, and the Department of Jus- landmines by the U.S. Armed Forces they directly conflict with provisions tice, with regard to the landmine pro- for defensive purposes because of its of legislation that has already been en- vision which is no longer in the defense detrimental impact on the ability of acted by this Congress and approved by authorization bill, and the reporting the military forces to protect them- the President after bipartisan support and certification provision. selves. The Department of Justice also in the House and the Senate. The Senator from Vermont has been I do regret this dispute. We do have a strong proponent of legislation that believes that the provision would seri- disputes from time to time between the would eliminate anti-personnel land- ously infringe on the President’s con- Armed Services Committee and the Ap- mines. I applaud the Senator for his ef- stitutional authority as Commander in propriations Committee. I hope we can forts to make the world safer for inno- Chief on how weapons are to be used in once again try, next year, and the cent women and children who fall vic- military operations. years to come, to work together to bet- tim to these weapons of war used in Mr. President, as I stated yesterday, ter reconcile these two bills. The prob- many civil wars in the Third World. I do not understand why the Senator I cannot, however, support legislative from Vermont would not want this in- lem is, having given the Department a efforts that would needlessly place U.S. formation. bill in September that—the Senate Armed Forces at risk. In my view, and Certainly, he would want to know passed a bill in September—we funded the view of a number of my colleagues that the moratorium would not seri- that bill primarily in the Appropria- on the committee, that would be the ously risk or endanger the lives the tions Committee bill that was brought effect of the provision that was incor- U.S. Armed Forces who are to be sent to the floor and approved by the Presi- porated in Senator LEAHY’s landmine out in to situations where their very dent. Now this bill takes a different ap- moratorium—which I emphasize is not lives are at stake, with the necessary proach, in many instances. It is that in the Defense authorization con- munitions and weapons to defend new approach that comes out of con- ference report, pursuant to Senator themselves. ference, which I know we all have prob- LEAHY’s request, but is in fact in the Mr. President, I yield 10 minutes to lems in conference—but it is my feel- Fiscal Year 1996 Foreign Appropria- the able Senator from Alaska, Senator ing that we should express—at least on tions Conference Report. STEVENS. behalf of the Appropriations Commit- Mr. President, the provision cur- The PRESIDING OFFICER. The Sen- tee I should express these reservations, rently in the Defense authorization ator from Alaska. with no lack of respect for my good conference report would require the Mr. STEVENS. Mr. President, earlier friend from South Carolina, or the Chairman of the Joint Chiefs of Staff this year I joined a bipartisan majority committee that he serves with. But I to submit a report to the congressional that voted in favor of the Senate ver- do so out of the belief that Congress defense committees each April 30 for 3 sion of the 1996 National Defense Au- should give the Department of Defense years, that would include the following thorization Act. I had hoped to be able consistent guidance. They have lit- information: to provide unqualified support for this erally been spending from this 1995 de- The extent to which the defensive use conference report. I want the Senate to cision, from the 1996 decision. I want to of anti-personnel landmines by U.S. know I will vote for this bill, but I do point out how this bill, now, changes Armed Forces adheres to international have some serious reservations that I the pattern that has already been put law; have voiced to my good friend from down in terms of our defense effort. The effects that a landmine morato- South Carolina, the chairman of the We should seek to minimize the in- rium on the defensive use of the cur- committee. I really have the expecta- terference and micromanagement of rent U.S. inventory of remotely deliv- tion that we may have the opportunity the military by the conference. This ered, self-destructing antitank sys- to reconsider some of the elements of conference report is nearly 1,000 pages tems, antipersonnel landmines, and this legislation in the future. in length and poses significant and, in antitank mines; But I do want to say the bill sets the some instances, I think unfortunate re- The reliability of self-destructing right course on the development of key strictions on funds already made avail- antipersonnel and antitank mines in national and theater missile defense able for vital military programs. the U.S. inventory; systems. These projects were fully Let me say, for instance, that sec- The cost of clearing the anti- funded earlier this year in the Defense tions 224 and 225 of this bill restrict all personnel currently protecting our appropriations bill, which became the spending for the $9.7 billion defense- S 18864 CONGRESSIONAL RECORD — SENATE December 19, 1995 wide research and development ac- they should have our support, and I am The failure of the Armed Services count, the RDT&E account. That in- troubled by those sections that de- Committee to complete this legislation cludes all missile defense funds until 14 crease the support for the Guard and before enactment of the appropriations days after a series of reports are pro- Reserve. bill is no reason for this bill to impose vided to Congress. These two sections The President’s decision to commit numerous restrictions on programs will result in massive disruption to United States troops to Bosnia, along adopted by Congress just last month. I hundreds of programs. with ongoing contingency operations hope that in future consideration of These funds have already been appro- in Haiti, Cuba, the Middle East, and this bill or other legislation we can re- priated, and based on the December 1 Korea, puts enormous strain on the de- solve these differences. approval and enactment of our appro- fense budget. To accommodate those Mr. President, I hope that the com- priations bill, it makes no sense to sus- requirements, the appropriations bill mittee will work with us on these mat- pend literally hundreds of contracts increased the DOD transfer authority ters. I now have to, however, go into that are already now in existence based to $2.4 billion. This bill reduces that another function as chairman of the upon the December 1 approval until a limit to $2 billion. It will constrain the Governmental Affairs Committee. series of reports are presented to Con- Department’s ability to meet emer- On October 31, I wrote to the chair- gress next year. gency requirements, and I think in- man to express our comments on the Another section, 131 of the bill, man- stead Congress still has to review and proposed changes in the retirement dates spending on four different sub- approve all such transfers. There is credit for employees of marines, with contracts and dollar lev- really no reason to lower the limit on nonappropriated funds activities. Re- els allocated to specific contractors, reprograms at a time when we have gretfully, the conference report in- notwithstanding the views of the Navy myriad overseas operations ongoing. cludes section 1043, which establishes a or the performance of those contrac- Another section, section 1006, pro- new, complex, and unfunded liability tors on the boats. The provision fur- hibits the obligation of funds for spe- for retirement funds of Federal em- ther requires the President to include cific programs appropriated not for the ployees. these submarines in future year budg- next year, 1996, the year we are in now, According to the Office of Personnel ets, whether the Navy wants them or but for the last year, fiscal year 1995. I Management, this proposal creates new not. know of no basis for this conference re- gaps in coverage, treats similar service I have to ask the question: Why port to restrict the availability of differently, and creates new inequities. should submarines now take priority funds already obligated and committed I do hope that the chairman of the over all Army, Air Force, and Marine to ongoing programs from the last fis- committee will work with me, the Gov- requirements in the future? This provi- cal year. ernmental Affairs Committee, and the sion I think is wrong. We should not tie A vital safety and lifesaving service Director of OPM to understand and the hands of future Presidents or those in the United States, for instance, is clarify these new guidelines and pro- who make the budgets, or denigrate the Civil Air Patrol. In my State, the tect the retirement benefits. I see no the needs of other services because of a Civil Air Patrol is fully integrated into reason to give nonappropriated funds commitment to one portion of one the Department’s search and rescue employees greater benefits than those service. system, and the Civil Air Patrol makes who work fully for the taxpayers. Even more difficult for me than that a tremendous contribution across the I also have a comment about section is the next section, 132, which takes $50 Nation. Despite their record of achieve- 567. We have initiated a control over million out of funds we appropriated to ment, this bill fails to fully authorize the HIV virus. This bill requires that redress the documented shortcomings the appropriated levels of the Civil Air the military expel from the military of our military sealift and spends that Patrol for 1996. any person who contracts HIV. With $50 million on even another new sub- Mr. President, I hope this is just an our military people deployed to high- marine development. oversight because I know that the HIV-incident areas—Southeast Asia, I think there is a strong consensus in Armed Services Committee has in the Africa, and part of the Caribbean—I be- the Congress and the Department on past supported the Civil Air Patrol. I lieve that we have to have a policy to the need for improved global lift. This hope it is in error and not a statement handle those deployments. is the transfer that I mentioned, this of opposition because I think we need We started a program in the Depart- $50 million. It is not an authorization. the Civil Air Patrol. The Civil Air Pa- ment to deal with an effort to develop It literally shifts the money already trol is one of the ongoing functions to a vaccine to protect men and women in appropriated for sealift to another non- feed new pilots into the whole military the military from the risk of infection existent, future, previously unauthor- system. It should not be denigrated at from HIV. Unfortunately, that program ized development program. It was a this time. is canceled, and the new concept of ex- new program to me. Section 912 of the bill creates a new pelling from the military those who get Additionally troubling to me are the mechanism that funnels savings from HIV is in the bill. provisions of the bill on readiness and operation and procurement programs Despite including section 567, the the needs of the National Guard and into a new fund that is used for addi- conference report fails to authorize the Reserve. These provisions are in direct tional procurement. It, in effect, is a funds provided in the appropriations conflict with the provisions that were way to have an ongoing rolling appro- bill to assist the Department to de- adopted, as I said, by Congress earlier priations, which bothers me. I believe velop a vaccine—to protect the men this year when we brought forth the de- modernization of the Department is and women of the military from the fense appropriations bill. underfunded, and I think the range of risk of infection. If the Armed Services This bill, this conference report, will contingency operations we face for 1996 Committee wants to expel victims of reduce full-time military technician and 1997 will bring some changes. All AIDS from the military, they should support for the Army and Air Guard. It savings will be channeled to meet these support efforts to combat this terrible phases out the National Guard Youth liabilities. The cost of Bosnia will be disease. Challenge Program and does not au- paid from within the current levels I want the Senator to know that I am thorize $100 million in readiness and available for defense. Any savings must not critical of what he is trying to do. training funds appropriated for the Na- be utilized to preserve readiness and I just do not believe this is the way to tional Guard and Reserve on December the quality of life before any additional do it. I think that we ought to have 1. allocation for procurement programs. some way to develop a policy that is At a time now, Mr. President, when This bill goes further than past bills consistent. We did have prophylactics thousands of Reserve and Guard per- to limit obligations of appropriated dealing with venereal diseases. I do not sonnel are being called to active duty funds, rather than authorize programs. know why we cannot press on and de- and actually deployed to Bosnia, this These ex post facto limitations cre- velop the vaccine that will prevent the bill I think sends the wrong message. ate conflicts the Department of De- transfer of HIV. The Guard and Reserve deserve our fense must seek to resolve between two Mr. President, I understand and ap- support right now, too, and I believe bills passed by Congress. preciate the difficult circumstances a December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18865 conference can impose, and the com- the committee. But if we do not ap- In committee, I offered an amend- promises necessary to achieve a bill. I prove this conference report, I believe ment to strike a measure from the Sen- have made this statement on the floor we run the very real risk of not getting ate version of the bill that would re- on my own behalf in previous years. a Defense authorization bill this year strict a servicewoman’s access to pri- But these provisions cannot be viewed and I believe this bill even in its cur- vately funded abortions overseas. It as setting any precedents for future rent form is better than no bill at all. was supported by a majority of com- bills. Were it absolutely clear that the de- mittee members, including two Repub- At a time when personnel are en ficiencies in this legislation could be licans. And I was very disappointed route to Bosnia, and deployed across corrected and a new report passed very when the measure was restored in the the globe, we must do our job, and pro- quickly, I might join my Democratic conference report. tect their pay and benefits. I hope all colleagues in opposing it. But because I The report includes provisions dis- Members will support this effort. am not as sanguine as others about charging HIV-positive service members I hope again now that Senators will that result, I want to show my support on the pretext that they are join with this committee to support for the majority of the measures as nonworldwide deployable, when in re- our people who are en route to Bosnia, they exist in the report and to ensure ality no others who are permanently who are deployed around the globe. I that it not be viewed in strictly par- nonworldwide deployable are forced think we must do our job and protect tisan terms. out under current law. the pay and benefits of all these people Mr. President, we have learned re- Mr. President, the report includes who put their lives in harm’s way to peatedly in this century that new en- roughly half a billion dollars to con- support our Nation. emies can arise on distant shores with- tinue funding the B–2 bomber. This I wish to join the chairman and sup- in a matter of years, and that the price funding was removed by the Senate port this bill. I urge him and the mem- of inadequate preparation—in places Armed Services Committee—with the bers of the committee, however, to like Bataan or the Kasserine Pass in support of four Republicans—but again rethink some of these provisions. They World War II, or Osan during the Ko- restored in conference. This despite a take us off in the wrong direction as we rean War—can be very high. detailed analysis by the Department of are trying to conserve defense dollars, We now live in an era where the com- Defense which showed that the con- and I do believe that all Members of plexity of military systems mandates tribution of additional B–2’s would be the Senate should join in to make cer- decades of development before those marginal in a theater campaign when tain that the dollars we put in for de- systems are fielded, meaning that we compared to more cost-effective means fense are spent for defense needed in have to prepare now for the unexpected of weapons delivery, such as precision- the coming fiscal year and no more. conflicts of tomorrow. guided munitions. If we did not have Our national strategy calls for being I thank my friend. I know that he such pressing fiscal constraints, more prepared to fight two major regional may be a little bit disturbed at my B–2’s would make sense—indeed I’ve conflicts simultaneously. My col- criticism. It is meant in good faith and supported those to date—but not when leagues on the Armed Services Com- with great respect for him and his serv- we are shutting down the Government mittee know that unless our major pro- ice to the Nation and to the military curement accounts are strengthened because we can’t agree on the really people by his devotion to their needs. we simply won’t have enough airlift, tough spending choices necessary to But I do think this bill is not the same ships, and smart munitions to fight balance the budget in 7 years. There are far too many earmarks in bill that the Senator crafted in our and win decisively in two major re- the report that will prove costly to the Armed Services Committee. It is the gional conflicts. changes that have come out of the con- Yet despite the steady drone of crit- taxpayer. There are earmarks for ference that really disturb me and to ics attacking this strategy, no one has unrequested Department of Energy which I directed my attention here on offered a more attractive alternative. weapons programs, Buy America des- the floor. I thank him for his time. Until a broadly supported alternative ignations, and National Guard and Re- Mr. THURMOND. Mr. President, I is adopted, I intend to provide more serve equipment. And there are ear- wish to commend the Senator for his than just lip service in advocating a marks for ships, including submarines remarks, and it will be a pleasure to procurement program that supports which are vitally important to two work with him and the Governmental our national strategy. The conference shipbuilders, one of which is in my own Affairs Committee in trying to correct report attempts to address some of the State. anything here that should be corrected. major shortfalls in the procurement ac- Rather than designate particular Mr. STEVENS. I thank the Senator. counts. submarines for particular shipbuilders, Mr. THURMOND. Mr. President, I My Armed Services colleagues are I had hoped that we would be able to now yield 10 minutes to the able Sen- also aware that funding for readiness authorize a winner-take-all competi- ator from Virginia. cannot tolerate further reductions tion to save the taxpayers billions in The PRESIDING OFFICER. The Sen- without serious erosion of troop morale procurement dollars. ator from Virginia is recognized. and effectiveness. The conference re- In the end, my senior Virginia col- Mr. ROBB. I thank the Chair. And I port adequately funds readiness. league helped devise a compromise to thank the distinguished chairman of And of course, we all know that we designate the builders of the first two the Senate Armed Services Committee. must maintain decisive U.S. superi- subs to minimize development risks, Mr. President, notwithstanding my ority on the battlefield of the 21st cen- followed by competition on the third opposition to several specific provi- tury. and subsequent subs. The conferees ac- sions included in the conference report This report authorizes adequate fund- cepted this compromise, but also al- on Defense authorization, and concerns ing for the research and development lowed for the option of building some about how the conference itself was that will provide our troops the com- additional prototype submarines, if the conducted, I will vote to approve the munications, the intelligence, and the Navy concludes it can achieve a more report on final passage. I do so reluc- weaponry to defeat any enemy, any- affordable and more effective sub- tantly, knowing that the President has where, anytime. marine by doing so. This is not a per- indicated he will veto the bill if it But there are areas of significant dis- fect solution, but it is better and less passes, and knowing that most Demo- agreement, as well. I have carefully re- expensive than the alternative of crats—including the respected former viewed the issues that concern the eliminating any hope of eventual com- chairman of the Senate Armed Serv- President and others, and I share many petition by designating a single sub- ices Committee and now ranking mem- of their criticisms. In the case of bal- marine builder as was originally ber, Senator NUNN—and some Repub- listic missile defenses, while the con- planned by the Navy. licans, will vote against it. ference report is much less onerous My biggest problem with the con- In truth, I agree with most of the res- than the House version of the bill, it ference report is that it reflects too few ervations expressed by the President, would nonetheless send a message to tough choices. Too often the conferees Secretary Perry, Senator NUNN, and the Russians that our commitment to resolved differences in procurement many of my Democratic colleagues on the ABM Treaty is tenuous. priorities between the Senate and S 18866 CONGRESSIONAL RECORD — SENATE December 19, 1995 House not by compromising but by defense acquisition process. It is legis- infantry fighting vehicle during the agreeing to the requests of both. That’s lation that continues to save the tax- war against Iraq. The Bradley had not cost-effective, but politics is de- payers billions of dollars. Most impor- never seen combat until Operation fined as the art of the possible and the tantly, these statutes continue to pro- Desert Storm. most cost-efficient approach would not tect the lives of our men and women in The mission of the Bradley is to de- have enjoyed majority support. uniform. liver troops safety to combat. Inde- Mr. President, some of my Demo- It is, thus, surprising that the De- pendent operational testing conducted cratic colleagues on the Armed Serv- fense authorization conference report by OT&E demonstrated that the Brad- ices Committee will vote against this would repeal these public laws that ley’s original design seriously jeopard- report—at least in part—to protest Congress passed with strong bipartisan ized the lives of the troops it was their exclusion from the conference support. Provisions in H.R. 1530 will re- meant to protect. Over the Army’s ob- process. After a few pro forma panel peal section 139 of title 10 that estab- jections, the Bradley’s production meetings, the panels were dissolved lished and provides independent au- schedule was extended so that design with no full committee meetings called thority to the Director of Operational flaws were remedied. to reconcile differences. But while I Test and Evaluation. Two weeks ago I, In one of the many studies conducted share the frustrations of my colleagues along with Senator DAVID PRYOR and after Operation Desert Storm, Army about the congressional conference Senator CHARLES GRASSLEY, urged the Maj. Gen. Peter McVey testified on the committee, chaired this year by the conferees to remove these damaging performance of the Bradley. He stated House—I believe the final report moves provisions. that ‘‘more lives of soldiers than we in the right direction in enough areas We reminded our colleagues that last can count’’ were saved by the combat- to justify my support. August this very chamber unanimously like testing to which the Bradley was By passing this legislation, we make passed a resolution stating that the au- subjected prior to its full production it clear that we are committed to end- thorities and office of OT&E must be and deployment to the gulf. ing the defense budget free fall. We preserved. I am disappointed that the Former Secretary of Defense Dick send a firm and unambiguous message conferees appear to have disregarded Cheney reiterated this conclusion when of support to our troops in Bosnia. We our advice and, more importantly, the he stated that the vigorous independ- preserve the many provisions agreed unanimous opinion of the Senate. ent testing oversight put into place by upon through delicate compromises What is at stake in the Defense au- Congress saved more lives than perhaps that could be very difficult to rebuild if thorization bill are the lives of our men any other single initiative. the report is returned to conference. and women in uniform. And, there is no In addition to the Bradley and the We may have to do that, if we cannot one more concerned than I about the Sergeant York, OT&E has contributed resolve the differences, quickly, but it well-being of our troops. significantly to performance, capabil- would be a bad precedent, and would The Office of Operational Test and ity and reliability of the equipment reduce incentives for the Armed Serv- Evaluation was created specifically to and weapons systems our Defense au- ices Committees—or any committees ensure the safety of our troops. Section thorization and appropriations bill pur- for that matter—to work out the tough 139, the statute that the conference bill chase for our taxpayers and, above all, issues within a single coherent bill. repeals, gives our troops confidence of our soldiers. These include improve- Finally, we ensure the prompt imple- that the weapons they bring to the bat- ments to the C–17 cargo plane, the mentation of the many fiscal year 1996 tlefield have been tested vigorously in Aegis Cruiser, and there are numerous defense programs, acquisitions, and op- an independent manner and in an oper- other examples. erations that have been put on hold for ationally realistic environment. Over In each case OT&E ensured that each weeks now by our delay. more than a decade of service, OT&E of these systems were subjected to vig- It has been suggested that particular has ensured that the new weapons with orous independent testing. Their eval- provisions in the conference report, which we equip our soldiers can be re- uations contributed to design changes such as the pay raise and BAQ in- lied upon in combat. that improved their capabilities and crease, be attached to other legislation That is how OT&E saves lives. reliability. In other cases, wasteful if this report is vetoed to ensure their OT&E also saves the taxpayer bil- programs were terminated. prompt enactment. lions of dollars. Its establishment insti- In this way, the legislation that es- If the conference report is defeated tutionalized a very simple premise: tablished the office and authorities of here on the floor or vetoed at the That we should not spend billions of the Director of OT&E simultaneously White House, I will work with the con- dollars on a new weapon unless we are improved the safety of our soldiers and ferees and the President to resolve the sure that it works and will be effective saved the taxpayer money. That alone veto issues as quickly as possible and I on the battlefield. OT&E is the institu- makes section 139 of title 10 one of the will urge my fellow conferees to stay tional core of the Pentagon’s fly before most important achievements in acqui- focused on the specific concerns of the you buy approach to new weapons and sition reform of the last decade. We President to avoid unraveling the equipment. should be protecting, if not strengthen- many fragile compromises contained in OT&E saves both lives and money be- ing, such statutes. this report. cause section 139 requires that the test- What would be the bottom line if we With that, Mr. President, I yield the ing and evaluation of new weapons are repeal section 139? In the name of re- floor, and I yield back any time that I directed by an official whose authori- ducing the size of the Pentagon, we may have been allocated. And I thank ties are independent from the services will have eliminated a tiny office the distinguished chairman of the com- and whose authorities are not vulner- whose work has proven essential to the mittee. able to pressures of the Pentagon’s pro- very objectives of H.R. 1530, providing a Mr. THURMOND. Mr. President, I curement bureaucracy. rational, accountable, and efficient wish to commend the able Senator Some of us may recall the cancella- system of management in the Penta- from Virginia for the outstanding re- tion of the Sergeant York—DIVAD— gon. marks that he has made on this bill. antiaircraft system. The problems of To eliminate this office as we are Mr. ROTH. Mr. President, the Office this faulty program were identified and sending our troops to Bosnia seems to of Operational Test and Evaluation [OT highlighted by OT&E. The DIVAD was be all the more incredulous. These & E] in the Office of the Secretary of a billion dollar boondoggle which was troops, many of whom are embarking Defense was established and strength- terminated by OT&E’s independent through Dover Air Force Base in my ened by Congress in the early 1980’s to tests and evaluations despite protests State of Delaware, will be deploying ensure that weapons we provide our from within the Pentagon. One can with an array of new equipment that troops have been vigorously tested in imagine what the risks would have has never been tested in combat. Can an independent and realistic manner. been to our soldiers had this system we imagine sending our troops to bat- The statutes behind this Office were been deployed. tle with equipment we have not made one of the most important achieve- Another example of OT&E saving the fullest effort to subject to oper- ments of Congress’ effort to reform the lives is the performance of the Bradley ationally realistic testing? December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18867 If we are really concerned about our at member-level meetings of Senate field that is currently jointly owned troops, we should be vehemently op- conferees. with Chevron Corp. This field is one of posed to the provisions that would Mr. President, I believe that, unless the 10 largest oil fields in the United eliminate the independence and au- corrected, what has happened this year States with some estimates of recover- thorities of the Office of Operational on this bill in terms of process alone able reserves running well over a bil- Test and Evaluation. We cannot accept portends a very bleak future for the lion barrels of oil equivalent. The tax- these provisions and claim that we are Armed Services Committee and the De- payers own approximately 78 percent of doing our utmost to ensure the safety fense authorization process. The major- the field and Chevron owns the rest. and welfare of our men and women in ity may be dooming a committee that This issue of the sale of Elk Hills was uniform. has always strived for bipartisanship, the subject of some considerable dis- Mr. BINGAMAN. Mr. President, I rise and therefore relevance, to becoming a cussion last Friday. The point was to oppose the conference report on the highly partisan debating society with made by the senior Senator from Vir- defense authorization bill and to urge all the real decisions being left to the ginia that the administration had pro- my colleagues to vote against it. Appropriations Committee. When the posed the sale of Elk Hills. That is Earlier this year I voted against the Armed Services Committee works on a true. But it is also true that the ad- authorization bill in committee and on bipartisan basis, as Senator SMITH and ministration, as recently as 2 weeks the Senate floor. In each case I was Senator COHEN did on the good acquisi- ago, continued to ask for 2 years to doing so for the first time in my 13 tion reform provisions in this bill, it complete the transaction—through years in the Senate during all of which can make real contributions to provid- September 30, 1997—and it is also true I have served on the Armed Services ing this Nation an effective defense at that the administration asked for the Committee. On September 6 when the the lowest cost to the taxpayers. But fallback option of authority to create a Senate passed this bill I warned my that was not the norm in this con- government-owned corporation to man- colleagues that we were going to con- ference. age the reserves if it could not get an ference with a bad Senate bill and an I have spoken thus far about a bro- adequate price for its interest in Elk even worse House bill and that it was ken process. Let me now, Mr. Presi- Hills. If the administration proposal hard to imagine a conference result dent, list some of the problems I see in were in this bill, particularly with re- many of us could support. My only this bill. I will use two baselines for gard to timing, this Senator would not hope was that having seen thirty-four comparison purposes, the defense au- be raising any concern about this pro- Senators vote against the bill on Sep- thorization bill passed by the Senate vision. Unfortunately, it is not what is tember 6, including the ranking Demo- on September 6 by a 64 to 34 margin in the bill. crat on every Armed Services Sub- and the Defense appropriations con- Let me review the history as I under- committee, the majority would reach ference report which passed the Senate stand it. Democrats on the Armed out to try to deal with the concerns of on November 16 by a 59 to 39 margin. Services Committee have been con- these members. Many of those who This bill is significantly worse than cerned about insuring against a fire voted against the bill on September 6 both those measures. It not only au- sale of this valuable asset since this were, like me, casting the first vote in thorizes a net $7 billion in additional issue was thrust upon us by the budget their Senate careers against a Defense spending for unrequested, often resolution in June. That resolution ef- authorization bill. unneeded and unsustainable projects fectively mandated the sale of all the Unfortunately, there was no reaching which were included in the appropria- naval petroleum reserves in 1 year. We out in conference. With the sole excep- tions conference report, it breaks new had held no hearings on this subject tion of the ballistic missile defense ground in making bad public policy in this year, and in the one hearing where provisions there was not a Member a whole series of areas not previously this issue had been brought up in 1994, level meeting of the conference to put before the Senate. there had been criticism from the Re- which Democrats were invited in two I will not go through them all in any publican side of DOE s plans to sell Elk months. We were simply informed detail for that would take too much of Hills. through our staffs as to how issues had the Senate’s time on a doomed con- Nevertheless, since the majority felt been resolved, in some cases after that ference report. But let me cite some of that it must respond to the budget res- information had already reached the the examples: provisions on ballistic olution mandate, I and other Demo- press. Indeed, I found the press a very missile defense which would clearly un- crats sought as best we could without enlightening source over the past two dermine the ABM Treaty and revive the benefit of hearings to add safe- months about Member level meetings the cold war, a mandate to discharge guards against a fire sale during com- occurring between House and Senate people who are HIV-positive from the mittee deliberations in June and in a Republicans. military even if they can carry out floor amendment in July. The most im- This is not how conferences have pre- their responsibilities, a mandate to ter- portant safeguard was one cited by the viously worked in my 13 years on the minate the independent Office of Oper- senior Senator from Virginia on Fri- committee under Chairmen Tower, ational Test and Evaluation, an office day; namely, that the Secretary of En- Goldwater, and NUNN. Never were the that previously enjoyed strong biparti- ergy and the Director of OMB could views of the minority disregarded on so san support, a series of shipbuilding bring the sales process to a halt if they many items. Never was there no oppor- provisions that represent the sum of all felt they were not going to get an ade- tunity given the minority to at least parochial interests, but fail to meet quate price or if they felt another have their views heard during the con- the national interest, a series of pro- course of action was more in the na- ference and to test the sentiment of tectionist special-interest buy America tional interest. This safeguard is simi- members, not staff, by putting issues provisions that go beyond anything I lar in effect to the administration safe- to votes. have previously seen in a Defense au- guard that they be allowed to form a There has always been a big four thorization conference report, provi- government-owned corporation as a process where the full committee sions on funding of contingency oper- fallback if they are not getting an ade- chairmen and ranking members would ations and on command and control of quate price. This is the course rec- meet to try to resolve the truly dif- U.S. Forces that raise constitutional ommended by the National Academy of ficult issues the solution to which had issues, the total undermining of the Public Administration. eluded the subcommittee chairmen and land mine moratorium provision which Unfortunately, all safeguards, both ranking members. But never before did this body passed 67 to 27 on August 4 those in the Senate-passed authoriza- that process start 21⁄2 months before and which we passed again as part of tion bill provision and those in the ad- the end of the conference when almost the foreign operations appropriations ministration proposal, ran afoul of no issues had been resolved at the bill, and on and on. Congressional Budget Office [CBO] panel level and never before were the I am only going to go into detail on scoring. It was the view of CBO that results of that process, especially con- one relatively minor issue, the sale of the safeguards were likely to be uti- troversial results, not briefed to mem- the Federal interest in Naval Petro- lized and that therefore a second bill bers for their discussion and approval leum Reserve No. 1 at Elk Hills, CA, a would be needed to sell the Elk Hills S 18868 CONGRESSIONAL RECORD — SENATE December 19, 1995 reserve. So for purposes of the rec- has produced a net $13 billion in federal sponsible offerors an opportunity to compete onciliation bill, the committee, over revenues over the past 20 years. for government contracts. Democratic opposition, recommended My view is that the controversy over A. TITLE XLI OF THE CONFERENCE REPORT dropping the safeguard provision. this relatively minor provision in this Title XLI of the conference report contains As many Members know, thanks to huge bill is an example of where bipar- provisions which would address competition the same CBO scoring, this provision tisan member meetings might well requirements as follows: Section 4101 would require that the Federal became subject to the Byrd rule in the have resulted in a different and better Acquisition Regulation implement the un- reconciliation process and was dropped outcome. As I said earlier, there are far changed CICA provisions in a manner that is from that legislation on a point of more important and numerous reasons consistent with the need to efficiently fulfill order. CBO effectively found that sale to oppose this bill. But this provision is the government’s requirements; of the Elk Hills would not contribute an example of the breakdown in the Section 4102 would raise the dollar thresh- to deficit reduction in fiscal years 1996 conference process which I referred to olds for approval of sole-source purchases to to 2002, and most importantly from the streamline procedures for smaller procure- at the outset of my remarks and which ments; and point of view of the Byrd rule, would I very much regret. Section 4103 would authorize contracting make deficits worse for decades after Mr. President, it is not with any officers to use so-called ‘‘competitive range’’ that. pleasure that I am going to cast my determinations more effectively to narrow CBO projected that the sale of Elk first vote against a Defense authoriza- the initial field of offerors under consider- Hills would only generate $1.5 billion tion conference report in my thirteen ation to those who are best qualified. for the taxpayers. In my view, and years in the Senate. I am sure that is None of these provisions may be used to luckily in the view of senior adminis- exclude responsible offerors from participat- true for the many Members who will be ing in a procurement. tration officials, if that’s all the tax- casting such a vote for the first time in 1. Regulatory Implementation of CICA. payers are offered, this sale should not their careers, some of which are far The policy stated in Section 4101 would re- happen. CBO got this low number longer than mine. But I am absolutely quire the regulation writers to consider more through the combination of a very con- sure that it is the right vote. I urge my efficient procedures for implementing the re- servative estimate of recoverable re- colleagues to join me in opposing the quirement for full and open competition. serves and the use of a very high dis- bill and sending it back to conference Such procedures could include, for example: count rate for future revenues, far the authority to submit proposals in elec- for more work. If it is passed, I will tronic form; the use of electronic bulletin above Government discount rates. urge the President to carry out his boards to quickly disseminate procurement Once this issue was taken out of the threat to veto it. I hope the majority information (such as solicitation amend- budget process, where it never should will then respond to the President’s re- ments and offeror questions and answers); have been in the first place, I and other quest to provide for the January 1 mili- the establishment of matrices of evaluation Democrats thought the best thing to tary pay raise on separate legislation criteria to which offerors may respond di- do was put it off to next year so we prior to adjourning this year and that rectly to ease the comparison of proposals; could really understand it. That was next year we can work on a bipartisan and the simplification of specifications. the initial decision in the staff discus- This provision does not change either the basis on a Defense authorization bill CICA provisions requiring full and open com- sions in conference. But then the issue that can become law. petition or the existing definition of full and was reopened. To give the majority COMPETITION PROVISIONS open competition. These unchanged provi- staff credit, they insisted on the key Mr. COHEN. Mr. President, Senator sions would, by their terms, require agencies safeguard which the Senate had passed, LEVIN and I, along with other Members, to permit ‘‘all responsible sources’’ to par- namely, that the Secretary of Energy spent a great deal of time on the com- ticipate in a procurement. Consequently, the could stop the sale if the Government requirement that CICA be implemented in a petition provisions of the conference manner that is consistent with the need to was not getting an adequate price or if report. We have prepared a joint state- another course of action better served efficiently fulfill the government’s require- ment on these provisions that I ask be ments could not be used to exclude respon- our national interest. But when our printed in the RECORD. sible sources from bidding on a contract. minority staff recommended that we There being no objection, the joint 2. Thresholds for Justification and Ap- allow 2 years for the sale as the admin- statement was ordered to be printed in proval. Section 4102 would raise the thresh- old for high-level sign-off on sole-source pro- istration had proposed, my understand- the RECORD, as follows: ing is that the House majority staff re- cedures from $100,000 to $500,000 to reduce pa- JOINT STATEMENT OF SENATORS COHEN AND fused. We regret that and regret that perwork on smaller procurements. This is LEVIN ON THE COMPETITION PROVISIONS IN the first adjustment to this threshold since Democratic Members on our side were THE FISCAL YEAR 1996 DOD AUTHORIZATION not given the chance to address the the enactment of the Competition in Con- ACT tracting Act in 1984, and would bring the issue with Members from the other Several contractor organizations have ex- competition threshold back into conformity body. pressed concern that the acquisition provi- with the threshold in the Truth in Negotia- A rushed sale does not work in the sions in the conference report on H.R. 1530, tions Act (which was raised from $100,000 to taxpayers’ interest, although it may the DOD Authorization Act, could under- $500,000 last year). The provision would not well work to the advantage of private mine the principle of full and open competi- create any new exceptions to the require- parties. Members on both sides know tion, which assures all responsible sources ment for full and open competition and from experience that it often takes the the right to bid on government contracts. As would not affect the requirement that con- the Senate authors of the Competition in executive branch in general, and the tracting officers justify in writing the deci- Contracting Act (CICA), which establishes sion to use non-competitive procedures in Department of Energy in particular, the requirement of full and open competi- any procurement, regardless of dollar value. longer to do things than they predict. tion, we are confident that this is not the 3. Competitive Range Determinations. Sec- So the 2 years which the administra- case. The conference report does not contain tion 4103 would expressly authorize the use tion has requested may well be opti- any provision that would undermine full and of competitive range determinations to nar- mistic in terms of completing a one-of- open competition and we would not agree to row the field of offerors and exclude those a-kind transaction which the Depart- any provision that would do so. who do not have a realistic chance of win- ment has never attempted before. The Unlike the free-standing acquisition bill ning the procurement. Competitive range de- passed by the House (H.R. 1670), the con- indications which my staff have heard terminations have always been permitted ference report on H.R. 1530 would not change under CICA, but some agencies have been re- are that the Department of Energy has either the definition of full and open com- luctant to use this tool out of a fear of bid been withholding information on the petition or the existing exceptions from the protests. potential value of this field from inter- requirement to use full and open competi- Section 4103 specifies that the competitive ested private sector parties. At least tion. Consequently, all responsible sources range should include the greatest number of one private sector entity seeking infor- must be offered an opportunity to bid on offerors consistent with conducting an effi- mation in Government files about the government contracts (except where a spe- cient procurement. This provision does not field has been told it must use the cific exception to that requirement is al- permit agencies to deny offerors the oppor- ready available under CICA). We intend to tunity to bid on government contracts. It Freedom of Information Act to get monitor the implementation of the bill does not authorize agencies to narrow the that information. That is obviously not closely to ensure that the executive branch field of competitors on any basis other than the way to generate interest for poten- does not misinterpret its language to under- the evaluation criteria specified in the solic- tial buyers of this valuable asset which mine full and open competition or deny re- itation and it is not intended to authorize December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18869 the exclusion from the competitive range may narrow the field of offerors to those who cial items, clarifying procurement eth- any offeror whose proposal is not signifi- are best qualified and offer the best overall ics laws, and improving the process for cantly inferior to the proposals that will be technical approach to a problem, and only contracting for large construction considered. then require the submission of detailed price projects. B. OTHER COMPETITION ISSUES and technical proposals. Billions more will be saved in this Two-step authority is not included in the In addition to the provisions described bill as a result of the Information above, Division D contains provisions au- conference report, due to concerns raised by both the Administration and the business Technology Management Reform Act, thorizing the use of simplified procedures for legislation which Senator LEVIN and I the acquisition of certain commercial items community about the proposed language. The conference report does, however, contain introduced earlier this year, which em- and authorizing the waiver of certain laws in phasizes the use of technology to procurements of commercially-available off- a pilot program for ‘‘solutions based con- the-shelf items. Neither of these provisions tracting’’, in which contractor selection achieve more efficient and cost-effec- would undermine full and open competition would be based on contractors’ qualifica- tive government. Agencies will be re- or deny responsible offerors an opportunity tions, past performance, and proposed con- quired to conduct a systematic re-ex- to compete for government contracts. ceptual approach to the procurement. amination of how they do business be- 1. Simplified Procedures. Section 4202 We remain open to the possibility of grant- fore investing in information tech- would authorize the use of simplified proce- ing broader two-step authority at some time in the future, assuming that the problems nology. This review will identify areas dures for the acquisition of commercial for improvement and result in signifi- items in contracts with a value of $5 million can be worked out in a manner that is con- sistent with full and open competition and cant savings through the re-design or or less. Special simplified procedures could ‘‘re-engineering’’ of existing govern- include, for example: shortened notice time the principle that all responsible offerors frames; streamlined solicitations; expanded must be provided a fair opportunity to com- ment business activity. According to use of electronic commerce; and the use of pete for government contracts. the Administration, efforts to re-engi- alternative evaluation procedures. This pro- PROCUREMENT AND INFORMATION TECHNOLOGY neer government through information vision would expire after three years, unless MANAGEMENT REFORM technology as mandated in this legisla- reauthorized by the Congress. Mr. COHEN. Mr. President, the pro- tion will save at least $4.3 billion over The simplified procedures authorized by curement and information technology the next 5 years. this section would be available to agencies in management reforms in the DOD Au- The systematic use of information addition to streamlined acquisition tech- thorization Conference Report will re- technology to re-engineer government niques already available to agencies and sult in billions of dollars in savings to will be a lasting contribution of this widely used for the purchase of commercial bill. Not only will we save billions of items under existing law. These techniques the taxpayer. Some observers have sug- include the use of GSA’s multiple award gested that perhaps as much as $60 bil- dollars through these efforts, but we schedules; multiple award task order con- lion is wasted each year from ineffi- will improve the delivery of services to tracts; ‘‘prime vendor’’ contracts; indefinite ciencies in the Federal contracting the taxpayer by effectively applying delivery indefinite quantity (IDIQ) con- process. The rewards to the taxpayer modern information technology to gov- tracts; and requirements contracts. from the Government finding more ef- ernment processes. While Section 4202 authorizes the use of ficient ways to purchase goods and The need to reform how the Federal simplified procedures, it would not permit Government approaches and purchases limitations on competition or the exclusion services are indeed great—potentially equivalent to a third of the budget defi- information technology is well docu- of responsible sources from bidding on con- mented. My report of October 1994 enti- tracts. In fact, the provision expressly re- cit and more than what we will spend tled ‘‘Computer Chaos,’’ outlined the quires the publication of a notice inviting all on new weapons this year. potential sources to submit offers and com- The reforms contained in this bill are problems affecting the $27 billion we mitting the agency to consider such offers. needed if we are to seriously address spend each year on information tech- nology. In other words, agencies must evaluate all the inefficiencies in the procurement Much of this money is wasted buying offers received, in accordance with the sim- process. Although last year’s Federal plified procedures, and select the best one for new systems that agencies have not contract award. Acquisition Streamlining Act was a adequately planned for or managed. In Agencies would be permitted to conduct good first step, many problems con- other words, government has not done sole-source procurements only if justified in tinue to exist which result in great in- a very good job deciding what it needs writing pursuant to the existing CICA excep- efficiencies, cumbersome and unneces- before spending millions, or in some tions. sary delays, and an overly bureaucratic 2. Waiver of Laws. Section 4203 would au- cases, billions of dollars on informa- process. The provisions in this legisla- tion systems. Consequently new sys- thorize the waiver of certain laws in pur- tion complement our past streamlining chases of commercially-available off-the- tems, especially high dollars systems, shelf items. This provision would alleviate efforts and will allow the government rarely work as intended and do little to burdens on contractors, not on the govern- to pay less of a bureaucratic premium improve agency performance. ment. It is intended to enable commercial on the price of goods and services it In addition, a large portion of the companies to sell off-the-shelf items to the buys. $200 billion spent on information tech- government on the same terms and condi- The need to continue procurement nology over the last decade has been tions they use in the private sector sales. reform is widely recognized. Both spent maintaining old technology that The laws that are authorized to be waived Houses of Congress and the Adminis- no longer performs as needed. Agencies under section include only government- tration have worked together on a bi- unique policies, procedures, requirements thus spend billions of dollars each year and restrictions that are imposed ‘‘on per- partisan basis to develop these provi- to keep old, inefficient computer sys- sons who have been awarded contracts’’ by sions. The procurement reform package tems running, and continue to buy new the Federal government. This provision does that the conferees agreed to includes computer systems that are poorly not authorize the waiver of laws—such as two major provisions: the Federal Ac- planned and, once operational, do not CICA and the Procurement Integrity stat- quisition Reform Act and the Informa- meet their needs. ute—which apply in the period prior to the tion Technology Management Reform Agencies trying to replace these old award of a contract. And it does not author- Act. These two Acts will go a long way ‘‘legacy’’ systems have also been ize the waiver of laws—such as CICA, the to putting an end to many of the ineffi- plagued by the constraints of the cur- Prompt Payment Act, and the Contract Dis- putes Act—which impose policies, proce- ciencies of the current system. rent procurement system. Over the last dures, requirements and restrictions on fed- The savings that can be achieved three decades, the process for buying eral agencies and federal officials, rather from procurement reform are signifi- federal computers has become too bu- than on contractors. For these reasons, Sec- cant. By passing the Federal Acquisi- reaucratic and cumbersome. It has tion 4203 would neither authorize the waiver tion Streamlining Act last year, we spawned thousands of pages of regula- of CICA nor permit any limitation on com- will realize $12 billion in savings over tions and caused agencies to be pri- petition for federal contracts. the next 5 years. The Federal Acquisi- marily concerned with conformity to a 3. ‘‘Two-Step’’ Procurements. Earlier this tion Reform Act in the DOD conference paperwork process. What the process year, the Administration requested author- ity for a ‘‘two-step’’ procurement process— report can be expected to save addi- fails to address are the results—more similar to a provision passed by the Senate tional billions through eliminating un- efficient and less expensive govern- as a part of last year’s Federal Acquisition necessary paperwork burdens, stream- ment and, most importantly, fairness Streamlining Act—under which an agency lining the process for buying commer- to the taxpayers. S 18870 CONGRESSIONAL RECORD — SENATE December 19, 1995 In addition, an adversarial culture plicated, legalistic system in order to Mr. THURMOND. I understand my has developed between government and discourage new entrants into the fed- colleague’s concerns regarding the business. Many companies believe gov- eral marketplace. project distribution under the ernment contracting officers and bu- By replacing the current system with MANTECH Program, but it is the Con- reaucrats won’t give them a fair shake. one that is less bureaucratic and proc- ferees’ intention this program be ad- Federal employees are suspicious of ess driven, agencies will be able to buy ministered on a project-by-project companies because of a fear of being technology faster and for less money basis, especially with regards to the second guessed and having the procure- by taking advantage of the dynamic cost-sharing provisions. However, in ment protested. marketplace in information tech- implementing this provision, the com- In short, it is a culture of little trust, nology. More importantly, a system mittee would be willing to look at al- less communication and no incentives will be in place to ensure that before ternative methods of accounting that to use information technology to im- investing a dollar in technology, gov- the Department of Defense may pro- prove the way government does busi- ernment agencies will have carefully pose, such as bundling similar projects ness and achieve the savings that we so planned and justified their expendi- for fulfilling the cost-sharing require- desperately need. tures in terms of benefits accrued to ments, on a case-by-case basis. the taxpayer. The Information Technology Man- Mr. ABRAHAM. I thank the Senator agement Reform Act is designed to cre- We stand at the culmination of years of effort in acquisition and manage- for that clarification, and wish to fol- ate positive management incentives, low-up as to what constitutes a non- increase communication and get busi- ment reform that started with the Hoo- ver Commission and continued with Federal funding source. Given that ness and government working together non-Federal expenses are often reim- to meet the technology needs of the the Ash Council, the Grace Commis- sion, the Packard Commission and, bursed by the Federal Government federal government. In addition to most recently, the Section 800 panel. through other programs or accounts, helping agencies buy technology faster Failure to act now will cost taxpayers would the chairman wish to comment and cheaper, the bill would ensure that billions of dollars in continued ineffi- on what exactly constitutes the cost- a responsible management approach is ciency and waste. By passing this con- sharing funds? taken to maximize the taxpayer’s re- ference report, we can take a signifi- Mr. THURMOND. Mr. President, turn on the government’s investment cant step toward transforming the way please let me make it clear we did not in information technology. the government does business and intend for Government funds to fulfill Among other provisions, this legisla- eventually regain the confidence of the non-Federal cost-sharing require- tion will repeal the Brooks Automatic taxpayers in their government. ments of this provision. I believe this Data Processing Equipment Act, au- In concluding I want to both com- interpretation will maximize our lever- thorize commercial-like buying proce- mend and express my appreciation to age of federal resources. This issue is dures, and emphasize achieving results Senator STEVENS, Chairman of the already addressed in the regulations rather than conformity to the process. Governmental Affairs Committee, and implementing cost-sharing in dual-use While we cannot legislate good man- Senator GLENN, the Ranking member technology programs. agement we can establish a framework as well as Senator ROTH who served as Mr. ABRAHAM. Mr. President, if the for effective management to take Chairman earlier this year and Sen- Senator would be so kind, I would just place. This is what this legislation sets ators SMITH and THURMOND. It is like to wrap up with one more ques- out to do. through these Senators leadership that Once enacted, agencies will be re- tion. Section 276 of the bill provides a we have been able to craft legislation waiver authority for the Under Sec- quired to emphasize up-front planning that will save billions of taxpayer dol- and establish clear performance goals retary of Defense for Acquisition and lars. I also want to thank Representa- Technology to obligate any remaining designed to improve agency operations. tives Clinger and Spence. Without their Once the up-front planning is complete funds that could not be obligated under foresight and perseverance we would the cost-sharing requirements by July and performance goals are established, not be voting on procurement reform other reforms would make it simpler 15 of a fiscal year. In my opinion, to legislation this year. waive this requirement without mak- and faster for agencies to purchase the I would also like to thank my friend technology to help them achieve their ing every effort to find suitable and colleague Senator LEVIN who I projects that meet the cost-sharing re- goals. have worked closely with for over 15 The Information Technology Man- quirement would be contrary to the in- years on the Oversight Subcommittee. tent of this legislation. If he would like agement Reform Act will also discour- I very much appreciate his counsel and age the so-called ‘‘megasystem’’ buys. to comment, what safeguards did the support on efforts to reform the pro- chairman envision in drafting this Following the private sector model, curement system and improve govern- waiver authority against this waiver agencies will be encouraged to take an ment through the effective use of infor- being the rule instead of the exception? incremental approach to buying infor- mation technology. mation technology that is more man- Mr. THURMOND. Mr. President, I MANUFACTURING TECHNOLOGY PROGRAM wish to assure my colleague from ageable and less risky. Agencies now Mr. ABRAHAM. Mr. President, I Michigan that this waiver is only ex- combine or ‘‘bundle’’ many of their in- would like to engage the distinguished pected to be implemented after every formation technology requirements chairman of the Armed Services Com- good faith effort is made to find suit- into large ‘‘systems’’ buys primarily mittee in a brief discussion regarding because the existing procurement proc- the impact of the Conference Report to able and sufficient projects to obligate ess takes so long to complete. Reduc- H.R. 1530 regarding the Manufacturing all these funds. This waiver authority ing the amount of time it takes to con- Technology Program. is intended as a last alternative, and duct a procurement and simplifying The bill requires a two-to-one cost every other conceivable effort should the process will take away the incen- share from private sources for at least be made to follow these requirements, tive to bundle requirements and will 25 percent of the MANTECH Program including bringing new and current po- result in smaller contracts. expenditures. Specifically, I am con- tential participants into the competi- Encouraging the use of smaller con- cerned that the statement that awards tive process. Finally, I will assure my tracts will enhance competition. Many be made on a case-by-case basis may colleague that the Armed Services of the most dynamic technology com- result in overall inefficiencies. Would Committee will scrutinize DOD reports panies in the nation, most of which the chairman wish to comment on that prior to their implementing such a would be classified as small businesses, concern and offer an interpretation waiver. choose not to even bid on federal con- that would not preclude the incorpora- Mr. ABRAHAM. Mr. President, I wish tracts because of the size and red-tape tion of a range of projects in a given to thank the chairman of the commit- involved. Meanwhile, some of those program area that may involve a num- tee for that explanation and for the who benefit from the complexities of ber of participants, but still gains at kind assistance he has provided me and the existing federal contracting proc- least a two-for-one total cost sharing my staff in resolving this issue. ess continue to promote a more com- from non-Federal sources? Mr. President, I yield the floor. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18871

Mr. MCCAIN. Mr. President, I want worthy and important legislative ini- other option but to shut down military to take a moment to commend Chair- tiatives in this bill. training. The provision in this con- man THURMOND for his success, at long The bill authorizes an additional $7 ference agreement will allow Congress last, in achieving a conference agree- billion in defense funding, as provided to have the facts, during the early ment on the fiscal year 1996 national in the congressional budget resolution. stages of any commitment to a peace- defense authorization bill. I have the The bill adds funding for high-prior- keeping or contingency operation, utmost respect and admiration for ity readiness requirements while elimi- about the cost and justification for Chairman THURMOND, whose tireless ef- nating or reducing defense funding for these operations. forts over the past 4 months have re- nondefense programs, such as peace- During negotiations on this provi- sulted in agreement on a number of keeping assessments, humanitarian as- sion, the minority staff did not object very difficult issues. I commend the sistance, international disaster relief, to the need for a provision to protect long hours and hard work of the chair- and homeless assistance. readiness and properly fund ongoing man and the committee staff that went Much of the added funding is author- and future operations. The only con- into resolving the many difficult dis- ized for modernization of our forces, in- cern they raised was with respect to agreements with the House. cluding additional tactical aircraft and the constitutionality of requiring the Mr. President, as many of my col- tank upgrades, and strategic lift pro- President to submit a supplemental ap- leagues know, I do not support many of grams. propriations request to Congress. the provisions in this bill. I think my The bill establishes a new missile de- Because of these concerns, my staff checked with experts at the American past statements, letters, and votes on fense policy and provides funding for Law Division of the Congressional Re- the bill have made my position quite programs which will ensure the deploy- search Service. According to a memo- clear. ment of effective theater and national randum dated October 18, 1995, the pro- Prior to our committee markup, I systems in an efficient and effective vision ‘‘appear[s] to be within Con- wrote to Chairman THURMOND and the manner. gress’ constitutional authority.’’ The five subcommittee chairmen to advise The bill authorizes a military pay memorandum cited article I, section 9, them of my views on a number of spe- raise and restores equity for retired of the Constitution as the basis for this cific defense programs and policies and pay cost-of-living adjustments. The bill establishes a new process of judgment. This section states that ‘‘No to enlist their support for reflecting Money shall be drawn from the Treas- public/private cost-sharing for con- those views in the authorization bill. I ury, but in Consequence of Appropria- struction of new military housing, greatly appreciate the consideration tions made by Law. * * *’’—which which will reduce the burden on the given to my views by all of my col- gives Congress broad authority to place taxpayer and hasten the process of re- leagues on the committee, although conditions on the use of taxpayer placing aging military housing. many of my greatest concerns were not funds. adequately addressed in the bill. My The bill provides funding for ongoing Mr. President, I ask unanimous con- additional views filed with the bill re- operations in Iraq, and establishes a sent that this CRS memorandum be mechanism to ensure that military flect those concerns. printed in the RECORD in its entirety. I voted with Chairman THURMOND to readiness is not adversely affected by There being no objection, the mate- report the bill from the committee, to the conduct of peacekeeping and other rial was ordered to be printed in the allow the Senate the opportunity to unexpected contingency operations. RECORD, as follows: Let me take just a moment to com- consider the legislation. But when the CONGRESSIONAL RESEARCH SERVICE, debate ended, I voted against its pas- ment on this last provision, which the THE LIBRARY OF CONGRESS, sage in the Senate. After casting my ranking member on the committee has Washington, DC, October 18, 1995. vote against the bill in the Senate, I stated the administration believes is To: Senate Committee on Armed Services, wrote to Chairman THURMOND to advise unconstitutional. Attention: Cord Sterling. him of the specific reasons for my op- I think it is important for my col- From: American Law Division. position to the bill and to clearly state leagues to understand what this par- Subject: Constitutionality of §§ 1003 and 1201 of the House-passed version of H.R. 1530, that I would have difficulty supporting ticular provision, included as section 1003 of the conference agreement, actu- the defense authorization bill for fiscal a conference agreement which did not 1996. rectify some of these problems. ally does. It requires the Secretary of This is in response to your request for a Unfortunately, the conference agree- Defense to report to Congress outlin- brief summary of our phone conversation re- ment has not removed the problems in ing, among other things, the objectives garding the constitutionality of §§ 1003 and the Senate-passed legislation. Instead, of the operation and the exit strategy— 1201 of H.R. 1530, as passed by the House. many objectionable provisions remain similar to the requirements in the As we discussed, both sections appear to be Dole-McCain resolution on deployment within Congress’ constitutional authority. in the bill, and indeed, some of the Section 1003 provides authority to transfer problems in the Senate bill have even of troops to Bosnia. The provision re- funds from designated accounts to support been exacerbated. In addition, a num- stricts the availability of certain train- armed forces operations for which funds have ber of other objectionable provisions ing and operations funding as sources not been provided in advance and requires have been added in this conference re- for funding these operations. It then the President to seek a supplemental appro- port. requires the President to submit a sup- priation to replenish any fund or account I have served as a member of the Sen- plemental appropriations request—ei- from which funds have been so transferred. ate Armed Services Committee since I ther emergency or offset with rescis- Section 1201, in turn, would bar the use of any funds appropriated to the Department of came to the Senate in 1987. This com- sions—for these operations in a timely Defense for the participation of U.S. armed mittee has always been at the forefront fashion. forces in a United Nations operation unless of the debate on national security pol- The genesis of this provision was a (1) the President certifies to Congress that icy and defense programs. I believe desire to ensure that military readi- the command and control arrangements very strongly that the authorization ness is not adversely impacted by the meet certain requirements and reports to committee is an essential element of costs of conducting peacekeeping and Congress about the nature of the venture and the Congress’ role in the formulation of other contingency operations. In the the U.S. role, (2) Congress specifically au- past few years, the military services thorizes U.S. participation, or (3) the oper- our national security policies and pro- ation is conducted by NATO. grams. have expressed concerns about the im- Both sections can find constitutional jus- Because of my respect for the chair- pact of diverted funding on their abil- tification in Article I, § 9, of the Constitu- man, as well as my strong belief in the ity to conduct necessary training in tion, which provides that ‘‘No Money shall importance of the authorization proc- the third and fourth quarters of the fis- be drawn from the Treasury, but in Con- ess, I signed the conference report. cal year. The administration has sub- sequence of Appropriations made by Law However, I want to make it very clear mitted emergency supplemental appro- * * * ’’ Pursuant to that provision Congress has broad authority over appropriations, in- that I do not support many of the pro- priations requests, late in the fiscal cluding the authority to place conditions on visions in this legislation. year, forcing the Congress to act hast- the use of funds. In addition, § 1201 can find Mr. President, I would be remiss if I ily and with little oversight in accept- constitutional support in the various provi- did not note that there are many very ing the supplemental, faced with no sions of Article I, § 8, of the Constitution S 18872 CONGRESSIONAL RECORD — SENATE December 19, 1995 that authorize Congress ‘‘To * * * provide for marine, as well as language which sets Reserve components to ensure that the common Defence * * * ’’; ‘‘To declare out a plan to earmark two future sub- these extra dollars are used to procures War, grant Letters of Marque and Reprisal, marine contracts for each of our sub- the highest priority items needed to and make Rules concerning Captures on marine-building shipyards. I have stat- carry out their missions. Land and Water’’; ‘‘To raise and support Ar- Finally, Mr. President, I am dis- mies * * * ’’; ‘‘To provide and maintain a ed many times my opposition to wast- Navy’’; ‘‘To Make Rules for the Government ing any more of our scarce defense re- appointed and discouraged that the and Regulation of the land and naval sources on more Seawolf submarines—a statement of managers language ac- Forces’’; and ‘‘To make all Laws which shall program costing $12.9 billion for three companying this conference agreement be necessary and proper for carrying into submarines. And I will vehemently op- contains earmarks for a number of pro- Execution the foregoing Powers * * * .’’ pose any proposal in future years to grams which were not included in ei- Those powers give Congress ample authority earmark future submarine building ther bill. Not surprisingly, many of to specify some of the conditions under programs for a particular shipyard these earmarks are identical to lan- which U.S. armed forces may participate in guage included in the Defense appro- UN operations. without the benefits to the taxpayer of I hope the foregoing is responsive to your open and honest competition for the priations bill which was enacted last request. Enclosed, in addition, are a number best program at the lowest price. month. of CRS reports pertinent to your request. If The bill also authorizes $493 million There is $1 million for TCM testing— we may be of additional assistance, please for the B–2 bomber program—which in which I should note there is appar- call on us. was not included in the Senate-passed ently an Arizona constituent interest; DAVID M. ACKERMAN, $6 million for precision guided mortar Legislative Attorney. bill. I must say that it puzzles me somewhat that the conference agree- munitions; $1 million for electro Mr. MCCAIN. It seems to me that re- ment essentially leaves unresolved ex- rheological fluid recoil research; $15 quiring the President to submit a sup- actly how these funds will be used million for curved plate technology; $5 plemental budget request is akin to re- within the B–2 program. The purported million for Instrumented Factor for quiring the President to submit a Fed- agreement allows the Senate to insist Gears; $1 million for blood storage re- eral budget request each year. This search; $3 million for Naval Bio- that these funds only be used for spares provision simply requires the President dynamics Laboratory infrastructure and support for the existing fleet of 20 to submit a budget for an operation transfer activities; $2 million for ad- bombers, but it also leaves unrefuted which was not included in his annual vanced bulk manufacturing of mercury the House’s position in its report that budget request. cadmium telluride [MCT]; $1.25 million the funds should be used for long-lead In addition, the provision retains the for firefighting clothing; $950,000 for acquisition for additional bombers. flexibility of the President to submit Navy/Air Force flight demonstration of This is a classic political compromise, either an emergency supplemental ap- a weapons impact assessment system which leaves a very important issue propriations request or a request that using video sensor transmitters with unresolved and abdicates our respon- is offset by rescissions of other appro- precision guided munitions; $1 million priations for defense or other agencies. sibility on the issue of the future of the for SAR detection of MRBMs in boost It simply requires that the President B–2 program. phase; $5 million for a program called Mr. President, I know of no identified get congressional approval to use funds Crown Royal; $2.5 million for deep military requirement to spend an addi- for a purpose which has not previously ocean relocation research; $7.5 million tional half-billion dollars to support been approved by Congress. for seamless high off-chip connectivity our existing fleet, and the Secretary of Mr. President, I believe the military research. services sorely need to have such a pro- Defense and the Chairman of the Joint It amazes me, Mr. President, that the vision in place. I do not accept the ad- Chiefs have made it clear that here is authorization conference agreement ministration’s position that there is no military requirement for additional would contain this type of earmarking anything unconstitutional about re- B–2 bombers. Like the Seawolf, the B–2 language. Maybe this is some sort of quiring the President to submit for has now become a jobs program for de- gratuitous bow to the appropriators’ congressional approval a budget for an fense contractors and their supplies long-standing practice of earmarking operation requiring the deployment of and subcontractors, which are conven- funds for special interest items. Cer- U.S. military personnel. As my col- iently spread all over the United tainly, the earmarks in the appropria- league from Arkansas, Senator BUMP- States. tions bill should be sufficient to ensure ERS, stated on the floor last week, Both the Seawolf and the B–2 are rel- that these millions of taxpayer dollars ‘‘[T]he President has a right to be ics of the cold war, and neither weap- go to the institutions or individuals to wrong just like everyone else.’’ ons system is needed today to meet the which they had been promised; an au- Mr. President, as I stated earlier, likely national security threats of the thorization earmark is no even nec- there are many laudable provisions in future. In my view, the 1.2 billion au- essary. Unfortunately, the inclusion of this bill. In the event this bill fails to thorized for these two programs could these earmarks puts the Senate Armed pass the Senate or is vetoed by the have been better used for programs Service Committee imprimatur on a President, I would support separate which would help ensure our forces’ practice that ensures defense dollars legislation which would include these readiness in this post-cold war world. flow to hometown projects, rather than provisions. However, in my view, the The bill also contains authorizations military priorities. good in this bill does not offset the bad. for $700 million in low-priority mili- Mr. President, I don’t know which Let me take a moment to discuss tary construction projects which were members of the conference agreed to just a few of the problems in this bill not requested by the military services. earmark these programs, or which on the funding side. In my view, this funding could be bet- members even discussed these ear- I am very distressed that the 4 ter used to ensure that the readiness of marks or were aware that they had months required to complete this con- our forces can be maintained in light of been added to the authorization bill. I ference, extending well beyond the be- the deployment of troops to Bosnia, or certainly hope that this is not the be- ginning of the fiscal year, made it nec- to provide for the future modernization ginning of a dangerous trend in the au- essary to enact the fiscal year 1996 de- of our forces. thorization process. fense appropriations bill prior to the Again this year, the bill authorizes On the policy side, I will cite just two defense authorization bill. As a result, more funding for Guard and Reserve objectionable provisions. many of my objections to this author- equipment which was not requested by First, the bill adds several new buy- ization bill are the same as the objec- the services. The amount—$777 mil- America limitations. The list of new tions I raised to the defense appropria- lion—is identical to that provided in domestic source limitations is signifi- tions bill, because the authorizers in the appropriations bill. But unlike the cantly whittled down from the lengthy many cases simply accepted the deci- appropriators, the authorizers chose to list contained in the House bill, but sions reached earlier by the appropri- earmark every dollar for specific these types of set-asides are, in my ators. items, including 6 more C–130H air- view, overly protectionist and poten- This conference bill contains an au- craft. By doing so, this bill eliminates tially harmful to favorable trade rela- thorization for the third Seawolf sub- the ability of the National Guard and tionships with our long-time allies. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18873 Second, and most egregious, is the evidence will be abundant—the fami- There being no objection, the mate- inclusion of unworkable, unnecessary, lies of future Baron 52 crews will lan- rial was ordered to be printed in the and counter-productive provisions re- guish in uncertainty. RECORD, as follows: lated to missing service personnel. The bill contains several other simi- [From the Washington Post, Dec. 10, 1995] larly unworkable and unnecessary pro- When the Armed Services Committee MYSTERY OF THE LAST FLIGHT OF BARON 52 completed work on this bill in mid- visions. Among these are: a require- SOLVED summer, I stated my belief that the ment that the Secretary appoint a (By Thomas W. Lippman) committee had gone as far as Congress board of review for every serviceman determined to be missing in action and A terse announcement from the Pentagon should in reforming procedures for ac- late last month finally ended the unhappy counting for missing servicemen. I con- subsequent review boards every 3 years story of the fatal last flight of a Air Force tinue to believe that the language for 30 years; a requirement that coun- plane known as ‘‘Baron 52’’ and resolved one passed by the House in this regard was sel be appointed for the missing; a re- of the last mysteries about the fate of serv- unwise and unworkable. I regret to say quirement to subject final determina- icemen missing from the Vietnam War. that the Senate receded in principle on tions of the Services to judicial review; The remains of the seven men killed when the worst of these provisions. the establishment of reporting require- the reconnaissance aircraft was shot down The language in the conference re- ments on commanders in the field at over Laos in 1973 have been identified and will be interred in a group burial on Jan. 8, port prohibits the review boards it es- the very time their principal respon- sibility should be fighting and winning the Pentagon said. tablishes from making a finding that a If all seven crew members died when the serviceman has been killed in action if a war; and the reopening of cases from plane went down, then four of them could there is ‘‘credible evidence that sug- previous conflicts. not have survived and been taken as captives gests that the person is alive.’’ It de- Let me be very clear that I fully sup- to the Soviet Union. The belief that four of fines logic that, even if so much time port any productive efforts to fully ac- the men were ‘‘Moscow bound’’ has long been has passed that it is physically impos- count for each and every missing serv- held by some prisoner of war activists and sible for a particular unaccounted-for ice person. The POW/MIA Select Com- members of the MIA lobby, who cited the mittee exhaustively reviewed all as- fate of Baron 52’s crew as evidence that Viet- servicemen to be alive, the board still nam and its communist allies have still not cannot declare him dead if ‘‘credible pects of this issue, and I believe the re- sources and procedures currently uti- revealed the truth about Americans who evidence’’ is offered that he is still vanished in the war. alive. lized by the Defense POW/MIA Office The belief was based largely on testimony In my view, this is a very broad and are fully adequate to accomplish the by former Air Force intelligence sergeant undefined standard. It would effec- objective of determining the fate of all Jerry Mooney that intercepted North Viet- tively prevent, in many cases, a deter- of our missing people. In my view, the namese radio communications indicated four mination of death, leading the families provisions in this bill would require the Americans captured in the region were being transported to the Soviet Union. of missing persons with unfounded creation of a costly and burdensome bureaucracy, with no added value to The Pentagon has insisted that no one hopes that their loved ones are alive could have survived the shootdown of the and unwarranted fears for their safety the process and perhaps a significant degradation in the ability of the POW/ plane and that the intercepted conversations and health. This is something that we were not about the Baron 52 crew. But in the clearly rejected in the original Senate MIA Office to carry out its responsibil- absence of seven sets of remains, Mooney’s ities. bill and should not have agreed to in version of events could not be entirely re- The provisions in this conference bill conference. futed. related to missing servicemen were I would point out to my colleagues Some members of the victims’ families strongly opposed by the Department of that there are roughly 78,000 service- quarreled with the Pentagon for years, argu- Defense, the CINCs, and the Chairman ing that military authorities told them some men missing from World War II. And of the Joint Chiefs of Staff. When we crew members might have been able to para- this is an example of a war where we revisit this issue—and we will have to chute safely from the aircraft. They said the walked the battlefield. It might be of revisit it in order to avoid the creation Defense Department was reluctant to tell interest to note as well that at the con- what it knew because of the sensitive nature of a massively burdensome bureauc- clusion of the battle of Lexington and of the flight. racy—I hope we will pay due attention Concord, there were five missing min- Baron 52 was the code name for an EC–47Q to their concerns. They are, after all, plane that was flying a night spying mission utemen. Missing servicemen are unfor- the people who will have to implement tunately—and very tragically—a fact over Laos when it was shot down on Feb. 4, the new procedures. 1973. of war—as much as death is a fact of In closing, Mr. President, I am trou- That was shortly after the Paris Peace war. bled by the vote facing me on this bill. Agreement supposedly ended U.S. participa- For an idea of the sort of problems My respect and admiration for Chair- tion in the war, at a time when North Viet- this restriction on a finding of death man THURMOND, and my concern for nam was preparing to release the 591 Amer- will create in the future, I commend to the future of the authorization process, ican captives it acknowledged holding. my colleagues an article which ap- According to Mark Sauter and Jim Sand- make it very difficult for me to vote ers, authors of ‘‘The Men We Left Behind,’’ a peared in the Washington Post on De- against this legislation. I am con- cember 10, 1995, entitled, ‘‘Mystery of 1993 book alleging a POW-MIA cover-up, ‘‘the cerned, too, about the potential effect men weren’t dead’’ and the Pentagon knew the Last Flight of Baron 52 Solved.’’ In on the moral of our troops deploying to it. this case, the POW/MIA lobby insisted Bosnia if the pay and other personnel U.S. officials removed the names of the for 20 years that there was ‘‘credible provisions in this bill are not enacted four presumed survivors from a list of pris- evidence’’ that a B–52 crew survived in a timely fashion. If this bill does not oners they expected North Vietnam to hand their shootdown over Laos in 1973. De- become law, I commit to doing every- over because the flight was illegal under the spite credible evidence to the contrary, thing in my power to ensure that the Paris agreement, Sauter and Sanders wrote. ‘‘The names were scratched from the list absurdly enough, they claimed four of Congress and the administration agree the crew were transported to the So- because they were an inconvenience that to separate legislation containing would have complicated Henry Kissinger’s viet Union. Finally, with the discovery these important personnel provisions. life,’’ their book said. Kissinger, then sec- and identification of the remains of the However, as I have said, I have seri- retary of state, had negotiated the Paris crew members, the so-called evidence ous concerns about several provisions Agreements and was responsible for fulfilling of their survival and imprisonment has in the bill. I will continue to listen to President Richard M. Nixon’s promise that been irrefutably disproved, and they the comments of my colleagues and to all U.S. prisoners would be coming home. have been declared dead and their cases evaluate the bill in its entirety, and Mooney, long retired and living in Mon- have been closed. therefore, I will withhold, for now, tana, repeated his story to a U.S. Senate Because of the provisions in this bill, making a final judgment on this bill. committee that investigated the fate of the these sorts of claims will no longer be missing Americans in 1992. I ask unanimous consent that the But the committee also heard from Penta- the bizarre ratings of MIA hobbyists; Washington Post article to which I re- gon officials who had finally viewed the they will be a part of the official gov- ferred earlier and a letter from General crash site that no one aboard could have sur- ernment process. As long as a shred of Shalikashvili, be printed in the vived. The committee concluded that ‘‘there evidence is offered—and believe me, the RECORD. is no firm evidence that links the Baron 52 S 18874 CONGRESSIONAL RECORD — SENATE December 19, 1995 crew to the single enemy report upon which Let me focus first on one of the prin- priate to explicitly endorse the results Mooney apparently based his analysis.’’ cipal shipbuilding accounts, the Arleigh of the Navy’s industrial base study, A joint U.S.-Laotian field excavation team Burke class destroyers program. The which resulted in the Navy’s allocation recovered the remains from the crash site in Senate conferees were confronted with 1993. method for awarding Arleigh Burke It took two years of work at the Army’s fo- diverse factors concerning these ships class destroyers. that we attempted to resolve as cost ef- rensic laboratory in Hawaii to identify the In short, Mr. President, the conferees fectively as possible. victims, the Pentagon announcement said. endorsed the Navy’s industrial base All members of the Air Force, they were Let me summarize these factors. Sgts, Dale Brandenburg, of Capitol Heights; The Navy has repeatedly told Con- analysis and the Navy’s allocation Peter R. Cressman, of Glen Ridge, N.J.; Jo- gress that the minimum annual pro- method that resulted from its indus- seph A. Matejov, of East Meadow, N.Y., and curement of Arleigh Burke class de- trial base study. Todd M. Melton, of Milwaukee; 1st Lt. stroyers needed to maintain an ade- Assertions to the contrary are simply Severo J. Primm III, of New Orleans; Capt. George R. Spitz, of Asheville, N.C.; and Capt. quate industrial base is three. Testi- erroneous. Arthur Bollinger, of Greenville, Ill. mony by Department of Defense wit- There are other conference outcomes With their identification, the list of serv- nesses has confirmed this assessment, that were important to the House, but icemen still officially missing from the war as did a Congressional Research Serv- whose justification in my opinion is stands at 2,162. The vast majority are known ice study completed last year. less clear. I would remind my col- to have died and real doubt remains about The Navy gave high priority to in- leagues, however, that this was a long only a handful of cases. cluding three of these ships in its fiscal and difficult conference with com- The Pentagon announced last month after year 1996 budget and did so. a year-long review that 567 of the open cases As a last minute measure to generate promise necessary on both sides. We have ‘‘virtually no possibility that they will successfully rejected many provisions ever be resolved’’ through the finding of re- additional funds for the Army’s fiscal year 1996 budget, the Department of sought by the House. But, as occurs in mains or other evidence because they were every conference, we eventually ac- lost at sea or explosions destroyed their re- Defense reduced the number of Arleigh mains. Burke class destroyers in the Presi- cepted a few things that were impor- dent’s Budget from three to two. tant to House Members. In doing so, THE CHAIRMAN, During the period between submis- however, we worked to ensure that the JOINT CHIEFS OF STAFF, sion of the President’s Budget and our language adopted is sufficiently per- Washington, DC, September 27, 1995. conference, numerous Navy and DOD missive that the Department of De- Senator JOHN MCCAIN, officials have emphasized the impor- fense retains adequate discretion in de- U.S. Senate, veloping its course of action. Washington, DC. tance of including the original three DEAR SENATOR MCCAIN: Thank you for tak- destroyers to the budget. Mr. President, I would also like to ing time to meet with me last week and The original appropriations con- address some assertions that have been sharing your insights on some very impor- ference funded two destroyers in fiscal made today on the nature of the con- tant Defense issues we face now and in the year 1996, but also directed the Navy to ference agreement on nuclear attack coming years. negotiate for and execute contracts for submarines. One of the issues your staff has contacted two more on the first day of fiscal year us on is the POW/MIA legislative initiative In his remarks this morning Senator contained in the House and Senate versions 1997. This language was subsequently modified in the final DOD appropria- NUNN implied that the conference of the FY96 Defense Authorization Bill now agreement would commit the Navy and in conference committee. I’m aware that tions conference report to call for three you’ve already heard from the regional destroyers in fiscal year 1996. But its the Defense Department to a program CINCs expressing their concerns about com- original form was a marker that influ- of advanced technology development pliance with certain difficult provisions con- enced our conference for most of its du- for submarines that is too costly and tained in the House version. ration. would risk the lives of Navy personnel. No doubt we all agree the POW/MIA issue In fiscal year 1994, and again in fiscal In my opinion Senator NUNN did not is of paramount importance to all Service year 1995, the Navy concluded that cut- correctly characterize the actual con- members, and especially to all commanders. ference agreement. Nothing impacts a unit’s fighting capability throat bidding in the destroyer pro- more than uncertainty over whether mem- gram was leading to cost growth and Let me summarize the conference bers will be listed as missing or forgotten if the need for additional funding to re- outcome on nuclear attack submarines taken prisoner. This country has an un- solve it. as I see it: breakable commitment to our men and The Arleigh Burke class has been in The House and Senate had divergent women in uniform that such will not be the procurement for some time. Its con- case. However, language in the House-passed struction costs at both building yards goals. Believing the Navy’s New Attack version would create a bureaucracy requiring are well understood. Submarine inadequate to its mission, CINCs to divert precious manpower to this the House conferees sought a program issue. In the middle of a conflict, without re- A Navy industrial base study, com- pleted earlier this year, concluded that for the incorporation of advanced tech- lieving the anxiety of our men and women. nology into a series of four devel- The CINCs have addressed the details, but the best acquisition strategy for the let me add my strong support to the Senate- Arleigh Burke class would be to retain opmental submarines before beginning passed version of the legislation that clearly two building yards and award contracts series production. The Senate conferees advanced the POW/MIA issue. Such legisla- based on an allocation method that sought authorization for the final tion will go a long way toward addressing emphasized cost reduction. Seawolf submarine, SSN–23, and com- the concerns of the Congress, the American Numerous DOD and industry officials petition for series production of the people, and our military without unintended have pointed out that the best way to Navy’s next class, the New Attack Sub- impacts we believe would be detrimental to marine. our warfighting capability. achieve efficiency and reduce costs in Again, thanks for our meeting and I hope the shipbuilding industry is to provide The Senate conferees did not share to talk to you again soon. a stable construction program, some- the House’s conclusions about the inad- Sincerely, thing that the President’s Budget as equacy of the New Attack Submarine JOHN M. SHALIKASHVILI, submitted would clearly not accom- to deal with future threats. Chairman of the Joint Chiefs of Staff. plish. After a period of lengthy negotia- Mr. COHEN. Mr. President, there The Senate defense bill’s provision tions that included active participation have been objections raised to the ship- dealing with acquisition of Arleigh by the Navy and the Department of De- building agreement negotiated during Burke class destroyers, while a meri- conference. They assert that it directs torious approach, could not prevail in fense, a compromise was reached. the procurement of specific ships at conference because of opposition to it In its barest essentials this com- specific shipyards without a clear in- by the other defense committees. promise provides that: the Senate posi- dustrial base requirement and will In distilling these diverse factors tion on authorization of SSN–23 and produce increased cost. This is simply into a conference position, the Senate competition for future submarine pro- not the case. conferees concluded that it was appro- curement would be preserved; and the December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18875 House would gain a provision that di- The Senate conferees’ objective dur- the language so that DOD or the Ap- rects the Department of Defense to pre- ing conference was to preserve the cen- propriations Committee would not be pare a plan that could lead to the in- terpiece of the Senate’s submarine pro- forced to spend funds or carry out ac- sertion of technology through the con- vision: competition based on price. tions to which they objected. struction of a series of prototype sub- Consequently, the goals of the House USUHS PROVISION marines, each of which would be cheap- and Senate were divergent. Mr. FEINGOLD. Mr. President, bur- er and more capable. After a period of lengthy negotia- ied in the conference report on the De- I emphasize that the conference tions, an agreement was reached that fense authorization bill for fiscal year agreement accepts a requirement for a was satisfactory to both House and 1996 is a provision relating to the Uni- DOD plan. It does not commit the Sen- Senate. One aspect of this agreement, formed Services University of the ate to a program. an outcome strongly sought by the Health Sciences, the Pentagon’s medi- Do I think this issue will remain con- House conferees, was the creation of a cal school, that did not appear in ei- tentious? Yes, I do. In press release and panel that will focus on the incorpora- ther the version of the bill that passed interview the House is declaring that tion of advanced technology into fu- the House or the version that passed the conference accepted the House pro- ture submarines. The House believed the Senate. gram. such a panel necessary because it was Though it has no force of law, the Assertions to the contrary, the House not confident that could count on unbi- provision clearly was inserted by sup- is not correct. I urge my colleagues to ased and objective input by the Depart- porters of the university at this stage read the Conference Report. Any deci- ment of Defense. of the Defense authorization legisla- sion to pursue an advanced submarine In the original form proposed by the tion in order to create the impression technology program that might emerge House, this panel would have been at of support for the medical school. from the plan that it mandates will be Presidential level. Its membership Mr. President, no one reading the the subject of future debate and legis- would have included a cross-section of record of this measure should be misled lative action by Congress. This con- experts appointed by the President, the by the sense-of-the-Congress provision ference report commits no procure- House, and the Senate. Its oversight re- in Section 1071(c) of this bill. This lan- ment funds to it. Further, the Senate sponsibilities and authority would have guage has been included at a stage of has not endorsed the House’s concept been quite broad. the legislative process when, barring as the best course of action to pursue The final form of the panel, as de- re-referral of the entire bill, the provi- for acquisition of submarines with the fined in the conference agreement, is sion effectively is untouchable. necessary mission capabilities. much different. It will be composed of Mr. President, some may wonder why I agree with Senator NUNN that the three members of the Senate Armed the supporters of the university felt it twin objectives of lower cost but more Services Committee and three mem- necessary to engage in this action. capable have proven elusive in the bers of the House National Security The answer, for those who have fol- past—often sought but seldom, if ever, Committee. The members will be ap- lowed this issue, is undoubtedly to an- achieved. pointed by the chairmen of the two ticipate reaction to a recent report of I also agree with Senator NUNN that committees. The panel will receive re- the General Accounting Office review- the language of the submarine provi- ports annually from the Secretary of ing the cost-effectiveness of the univer- sion in the conference report could the Navy on the status of submarine sity and alternative sources of military have spoken more directly to the costs modernization and research and devel- physicians. and risks associated with the House’s opment. It will in turn report annually That GAO report reaffirmed what technology thrust. I have never said to the House National Security Com- other studies have found, namely that the provision could not be improved. mittee and the Senate Armed Services the university is the single most costly What I have said is that it was the best Committee on the Navy’s progress in source of physicians for the military. compromise that could be achieved in developing a less expensive, more capa- The findings of the GAO, released this conference. Next year will be an- ble submarine. after the Senate could amend the fiscal other matter. While this panel will, by its nature, year 1996 Defense authorization bill, I want to assure my colleagues that I focus greater attention on submarines confirm previous analyses of the Con- would never, ever, endorse a specula- than other ships, all decisions regard- gressional Budget Office, the Office of tive and unproven program that would ing submarine programs will of course Management and Budget, and the De- put the lives of American sailors need- continue to rest with two Armed Serv- partment of Defense itself, and are a lessly at risk. This conference agree- ices committees. powerful argument for the Pentagon to ment does not do that, and I will never Mr. President, some Senators also close the university, or dramatically subscribe to a conference agreement have objected to the inclusion of spend- change its mission. that does. ing floors in the conference report. Last session, in assessing the 5-year Mr. President, another question has The Senate conferees were opposed to budget impact of a plan to phase down been raised concerning a conference inclusion of this language and resisted the school, the Office of Management outcome that would create a bipartisan it during conference. We reluctantly and Budget estimated $286.5 million in congressional panel on submarines. I accepted a version of the House-pro- savings, including offsetting increases want to address this question. posed language after concluding that in the military’s physician scholarship The House, in its conference position, acceptance was necessary in order to program—a less costly mechanism for was focused on ensuring the rapid in- have a conference report. But we did so obtaining military physicians. After corporation of advanced technology only after we made sure that both the the university is fully closed, the an- into future submarines. The House’s Armed Services Committee’s minority nual savings would be in excess of $80 objective was ensure that sufficient members and the members of the Ap- million. technology would be inserted into sub- propriations Committee were fully in- Mr. President, as GAO has confirmed, marine designs before beginning series formed of its nature and our assess- the university is the single most expen- construction of a new class to ensure ment that this was necessary to reach sive source of physicians for the mili- the United States retains a com- a conference agreement. tary. fortable edge of technical superiority The conference report is part of a As a practical matter, though, the over any conceivable threat. Aware of larger process that eventually leads to military does not rely primarily on the potential opposition from DOD, the the obligation of funds for various pur- university for its doctors. House’s negotiating posture during poses. There will be future opportuni- The Pentagon’s medical school pro- conference was based on the premise ties for either the Appropriations Com- vides only about 1 of every 10 of the that extraordinary measures would mittee or the Department of Defense to physicians for our military, while near- need to be taken to prevent bureau- register objection and prevent expendi- ly three-fourths come from the scholar- cratic or passive resistance from over- tures should they desire to do so. ship program. coming the technical thrust that it In summary, Mr. President, the Sen- Nor, evidently, has relying primarily considered essential. ate conferees won sufficient latitude in on these other sources compromised S 18876 CONGRESSIONAL RECORD — SENATE December 19, 1995 the ability of military physicians to troops in Bosnia have everything they should be strictly observed, not abro- meet the needs of the Pentagon. need to defend themselves. But that op- gated. And negotiations on the next According to the Office of Manage- eration in its entirety is scheduled to phase should be pressed ahead quickly. ment and Budget, of the approximately cost about $1.5–2 billion; this bill pro- Mr. President, I also would like to 2,000 physicians serving in Desert vides over $260 billion in Defense spend- raise an issue about which a number of Storm, only 103, about 5 percent, were ing overall—over $7 billion more than colleagues and I have communicated to USUHS trained. the President’s request. I had urged the the chairman and the ranking member More generally, testimony by the De- President to veto the DOD appropria- of the committee. That is the issue of partment of Defense before the Sub- tions bill, and I also hope he will veto procurement. As a member of the committee on Force Requirements and this one. Small Business Committee, I have at- Personnel suggested that, based upon a The conference report moves in ex- tempted to follow closely issues that 1989 study, it needed to maintain a 10 actly the wrong direction concerning affect small businesses in the area of percent of retention rate of physicians America’s real priorities during ex- procurement, and this bill, as many of beyond 12 years, and that alternative tremely difficult fiscal times. At the my colleagues know, has become con- sources like the scholarship program very moment that Republicans are tentious due to its actions in this area may already be meeting the retention forcing a shut-down of parts of the of policy. Provisions were added to the needs of the services. Government over our disagreement bill in conference in the name of acqui- Even if military planners decide this about how much to cut from vital pro- sition reform which have generated level of retention is insufficient, as the grams that benefit the country’s work- some alarm in the small business com- GAO report proposed, changes could be ing middle class, as well as those which munity and among some who have made to the scholarship program to ad- serve the Americans, including the el- worked carefully on Governmentwide dress any perceived need for higher re- derly and children, who are most in procurement reform in recent years. In tention rates. need of Government services, this bill the very short time that has been The GAO report specifically cited a substantially increases funding for available to study the provisions of the possible enrichment component for the weapons programs which are not need- report, it has been difficult to assess scholarship program which would re- ed. all of its likely effects on procurement. quire a longer payback obligation for Let me offer just a few examples. The But an initial reading indicates to me selected students in return for addi- bill adds $493 million for new B–2 bomb- that there are areas of legitimate con- tional benefits, training, and military ers, and it adds $925 million for ballis- cern. career opportunities. tic and cruise missile defense initia- On December 4, along with Senators The GAO report also suggested that tives. A number of weapons program BUMPERS, KERRY and MOSELEY-BRAUN, additional readiness training could be earmarks and other pork projects have I wrote to Chairman THURMOND of the provided through a postgraduate period been included which do not represent Armed Services Committee and to Sen- specifically designed to enhance the rational defense policy and spending. ator NUNN, who is the committee’s physician’s preparation for the special Many were also included in the Senate ranking member. We expressed concern needs of military medicine. bill. The bill also establishes an arms that provisions relating to acquisition, Mr. President, this latest GAO report sales loan-guaranty program, further not only by the Department of Defense, joins work done by the CBO, the Vice subsidizing militarization in other but Governmentwide, were being in- President’s National Performance Re- countries, flying in the face of U.S. cluded in the conference report: provi- view, the Grace Commission, and the arms control efforts around the world. sions that were not contained in the Department of Defense itself in ques- It includes $50 million for unneces- bill as originally passed by either the tioning whether the cost of maintain- sary, even counterproductive, Senate or the House. Some of the pro- ing an entire medical school for the hydronuclear tests. In fact, the bill visions were derived from H.R. 1670, a Pentagon is justified. adds $7 billion overall to the Defense House-passed bill, and some were de- The sense-of-the-Congress provision Department’s own request for funding rived from a Senate bill, S. 946. The slipped into this conference report can- for the fiscal year. Over $7 billion more provisions, as it turns out, underwent not change these fundamental judg- than the Joint Chiefs of Staff, the Sec- some modification before being added ments. retary of Defense, and the President re- to this bill during the conference. But The overall DOD authorization bill is quested. That is astonishing, especially substantial changes to Government- defective in many ways, especially in in this budget climate. How can we wide procurement policy are indeed its failure to shoulder the kind of sig- consider cutting food stamps, low-in- contained here. The concern which my nificant share of deficit reduction nec- come heating assistance, Medicare and colleagues and I expressed in our let- essary to balance the Federal budget in Medicaid before we even begin to tight- ter, that such changes might undercut 7 years. en the military’s belt in areas where important procurement reforms under- The sense-of-the-Congress provision the Department itself has said it can taken by Congress in recent years, es- relating to the Uniformed Services save? pecially by weakening the practice, if University of the Health Sciences is The bill would undermine major arms not the principle, of full and open com- emblematic of that flaw, and I urge the control treaties against nuclear pro- petition, remain. I therefore hope that President to veto this measure when it liferation. Through its requirement of following a veto of this bill by the is presented to him, and push Congress deployment of a national missile de- President, the issue can be reexamined. to craft a more fiscally responsible fense system, beginning by 2003, many I share these concerns not only with measure. are concerned that the bill signals an my Senate colleagues with whom I Mr. WELLSTONE. Mr. President, I intention on the part of this country have worked on this issue in recent oppose the Department of Defense Au- unilaterally to violate the Anti-Ballis- weeks. I also would like to point out thorization Conference Report on a tic Missile [ABM] Treaty. I share that the important work done on the House number of grounds. There are some concern, as well as the concern that side by Small Business Committee positive provisions, such as those con- provisions of this bill could negatively Chair JAN MEYERS of Kansas. Mrs. cerning pay, family and troop housing, affect Russian consideration of the MEYERS has championed small business and other issues. But the conference re- START II Treaty. I have spoken on the interests during this process, and has port remains wholly unacceptable, in- floor regarding these topics in the past, reached similar judgments to those deed worse in some key ways than the and a number of my colleagues have which I am setting out here. We both Senate bill. If it passes today, I ear- done so today. Undermining these trea- question the wisdom of undertaking nestly hope the President will veto the ties would represent an historic error, significant Governmentwide procure- bill so that we can begin a more genu- and set us back many years in our ment legislation, even in the name of ine effort to pass a bipartisan defense arms control efforts. They have re- ‘‘streamlining,’’ in the very restricted bill. ceived bipartisan support in this body process of passing a Defense authoriza- I am all for a strong national defense, and were negotiated and approved by tion conference report. And we both be- and I too want to ensure that our administrations of both parties. They lieve that the objections raised by a December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18877 number of small business organizations The effort comes just a year after Congress ing members of the Armed Forces con- to the provisions themselves have some approved legislation changing procurement victed of serious crimes from receiving merit. procedures, and a decade after it passed a their pay. However, I am strongly op- Mr. President, I ask unanimous con- law requiring more competition in govern- posed to a number of policy provisions sent that an article from the Washing- ment contracting. About the only thing that both sides agree on is that the controversy and spending requirements in the bill. ton Post dated November 17, 1995, be over purchasing rules highlights the dif- However, on balance, I believe that this printed in the RECORD. And I point out ficulty of cutting government red tape while conference agreement would move our that the Small Business Legislative preserving safeguards that ensure taxpayer national defense strategy into a new Council, National Small Business Unit- funds are spent wisely. and unwise direction. ed, the National Association of Women Legislation being discussed would: Early this year, I was shocked to dis- Business Owners, the National Associa- Give government buyers more leeway in cover that the Pentagon continued to tion for the Self-Employed and others eliminating companies early in the bidding procedure. The goal is to save the time and keep violent military criminals on the all have expressed serious reservations payroll even after their conviction by about the procurement provisions. I money the government spends in considering companies that clearly are not qualified to courts martial. Each month, about $1 hope we will have a chance to revisit win a contract. million is paid to incarcerated mur- the issue. Encourage the government to purchase, ders, rapists, child molesters, and other There being no objection, the article whenever possible, off-the-shelf items avail- convicted criminals. was ordered to be printed in the able to the general public, instead of paying When I learned of this outrageous RECORD, as follows: to create goods or services from scratch. practice, I immediately began working [From the Washington Post, Nov. 17, 1995] (The storied $7,400 ‘‘hot brewing machine,’’ with Pentagon and Armed Services UNCLE SAM’S BUYING POWER better known as a coffee-pot, was so costly because it was built from scratch for the Air Committee leaders to craft a legisla- (By Kathleen Day) Force.) tive solution to this outrageous abuse. A quiet storm has erupted in Congress over Simplify how the government makes re- Working together, we were able to efforts to reform how the government spends quests for goods and services, with the goal craft a successful fix, which was ap- $200 billion a year to by items ranging from of curtailing waste of time and money writ- paper clips and computers to jet fighters and proved by the Senate by an overwhelm- ing needlessly detailed specifications. ing vote. I wish to thank the ranking tanks. Change the system that allows losing com- Supporters of the proposal, led by Rep. panies to challenge contract awards. The member of the committee, Senator William F. Clinger Jr. (R-Pa.) and the Clin- goal is to eliminate frivolous protests. NUNN, and the Personnel Subcommit- ton administration, say pending legislation Allow agencies to spell out contracting tee chairman, Senator COATS, for their would save taxpayers millions of dollars by rules through regulation, rather than laying reducing bureaucracy, giving procurement thoughtful cooperation and helpful officers by reducing bureaucracy, giving pro- down those rules by law. One proposal would suggestions in addressing this problem. curement officers throughout government give the White House appointee in charge of While I am pleased that my military more flexibility to buy items as they see fit federal procurement policy power to waive convicts amendment was retained in and allowing the government to pay the rules governing a particular contract—rules specifying, for example, how many compa- conference, I believe that on balance, same competitive prices as private busi- this bill takes our national defense nesses. nies need to bid or what the bidding deadline ‘‘We think on balance it would be a good is. strategy in the wrong direction. set of additional reforms,’’ said Leroy Haugh ‘‘What comes out of this conference could This bill spends $7 billion more than of the Aerospace Industries Association, be a very positive approach,’’ said Steven the Pentagon’s military planners be- which represents defense giants such as Gen- Kelman, head of the White House’s Office of lieve they need to meet our national eral Dynamics Corp. and Lockheed Martin Federal Procurement Policy. The assertions security needs. Much of this $76 billion that changes could bring back high-priced Corp. bonus is earmarked for special interest But others, including Rep. Jan Meyers (R- coffeepots ‘‘are scare tactics,’’ he said. Kan.), AT&T Corp. and the U.S. Chamber of Kelman said more companies would com- pork-barrel programs that our military Commerce, say the proposed changes will re- pete for government business if there were planners neither need nor want. This turn the federal government to the days less red tape. The legislation also would re- kind of wasteful spending should not be when the Pentagon paid $7,400 for a coffeepot duce the time it takes the government to permitted. and $640 for a toilet seat. They contend the award contracts, sending a signal to compa- The bill undermines the Anti-Ballis- proposed changes would cut competition by nies that the government will no longer tol- tic Missile Treaty requiring the de- erate sloppy work and delays, supporters letting the government limit the number of ployment of a national missile defense companies making bids and allowing the say. White House to waive purchasing rules at Others disagree. ‘‘The decision to bid on a system by 2003. It more than doubles will. government contract is a business decision the administration’s funding request They say the result would be a system that that should not be wrested away by faceless for the National Ballistic Missile De- shuts out many small companies and enables government bureaucrats,’’ said Jody Olmer fense Program. This return to the a few large players to dominate federal con- of the U.S. Chamber of Commerce, which Reagan-era ‘‘star wars’’ program is a tracting, making it tougher for others to win represents 215,000 companies—96 percent clear waste of tax dollars. government business. Worst of all, they say, with 100 or fewer employees. The conference report virtually the proposals are being crafted behind closed ‘‘If the rules regarding who can do business doors, without the benefit of public scrutiny. with the government are changed in the eliminates the Office of the Director of ‘‘This would fundamentally change public manner under consideration,’’ she said, ‘‘it Test and Evaluation. This office is the procurement,’’ said Edward J. Black, presi- could lead to higher prices, less competition. cornerstone of our ‘‘fly before you buy’’ dent of the Computer and Communications It could eliminate a number of smaller busi- policy, which was created as a remedy Industry Association, whose members in- nesses from the process.’’ for the notorious procurement abuses clude Amdahl Corp., AT&T, Bell Atlantic ‘‘The government has an obligation to play of the late 1970’s and early 1980’s. I was Corp. and Oracle Corp. ‘‘For that to be done fair so that all citizens have a chance to bid in some secret room without everyone being a member of the House Armed Services for contracts involving taxpayers’ dollars,’’ Committee when the OT&E office was able to see what’s going on is a problem.’’ Black said. ‘‘I wouldn’t characterize it as a secret, but He and others say that last year’s reform created in 1983 and played an active as a proposal that’s followed an unusual leg- law, which is supported by both sides in this role in crafting the legislation estab- islative path,’’ said the Aerospace Industry year’s debate, didn’t take effect until last lishing the office. In my view, the Association’s Haugh. month and therefore hasn’t had enough time The changes are being considered by House OT&E has saved billions of taxpayer to work before being tampered with. and Senate conferees who are working on dollars and has ensured that the weap- legislation setting the Defense Department’s (At the request of Mr. DASCHLE, the ons our troops in the field receive will budget for fiscal 1996. That, critics say, is following statement was ordered to be function properly. To abandon the part of the problem: A proposal to change printed in the RECORD.) OT&E in the name of procurement purchasing rules for all federal agencies, not ∑ Mrs. BOXER. Mr. President, I have streamlining will waste billions of dol- just the Pentagon, should not be considered divided feelings about the conference lars and put our troops at needless as an amendment to a military funding bill, report on the fiscal year 1996 Depart- risk. but in separate legislation. Lawmakers in the conference could finish ment of Defense authorization bill. I This conference report contains a their work on the DOD funding bill as early am very pleased that the conferees pair of irrational personnel provisions as today, congressional aides said. have retained my amendment prohibit- that are unfair to our troops and will S 18878 CONGRESSIONAL RECORD — SENATE December 19, 1995 undermine morale and degrade readi- percent less than last year’s defense procurements, including the role of the ness. First, it denies the rights of mili- bill in real terms. The truth is that General Services Board of Contract Ap- tary personnel and their dependents to real defense spending has declined peals in bid protests. terminate pregnancies in military hos- every year since 1985. Of course, you do So the acquisition reform provisions pitals. I believe it is fundamentally not hear about that much in the news, were developed in a bipartisan manner, wrong to deny constitutionally pro- but for the last 11 straight years, de- with the involvement and cooperation tected rights to our troops and their fense spending, in terms of a percent- of the Governmental Affairs Commit- families simply because they are sta- age of the entire U.S. budget, has gone tee and the participation of representa- tioned overseas. down. tives from the Small Business Commit- Second, the conferees accepted an For the benefit of my colleagues, I tee staff. outrageous House provision requiring want to briefly summarize some of the These changes have been the subject the discharge of military personnel highlights of the bill before us. of hearings, numerous hearings, over who test positive for the HIV virus. There is a 2.4-percent pay raise for the past years. They are issues thor- There is no rational basis whatsoever our troops and a 5.2-percent increase in oughly researched and considered prior for this provision. The current Penta- the basic allowance for quarters. I find to inclusion in this bill. gon policy on this issue is wholly ade- it somewhat ironic that the President, Let me talk about a few other things quate.∑ who sends the troops to Bosnia, now in the bill, Mr. President. There is a Mr. THURMOND. Mr. President, I may veto this bill which provides them $480 million increase in military con- suggest the absence of a quorum and with a 2.4-percent pay raise. Some of struction funding which, although it ask that it be divided equally, charged these troops may even be eligible for takes great criticism from some here, to each side. food stamps, and we are putting them it enhances the life of our troops and The PRESIDING OFFICER. Without in harm’s way in Bosnia. I think it their families. They have to be able to objection, it is so ordered. The clerk would be immoral for the President to live in a decent place. In some cases, will call the roll. veto this legislation. prisoners who serve in penitentiaries in The assistant legislative clerk pro- It includes an adjustment to equalize the United States of America have bet- ceeded to call the roll. the schedule for military retiree ter quarters than our armed services. Mr. THURMOND. Mr. President, I COLA’s to be sure they are provided This Senator is not going to stand ask unanimous consent that the order the same schedules as Federal civilian out here on the floor and watch other for the quorum call be rescinded. COLA’s and also includes a variety of Senators demagog the whole issue of The PRESIDING OFFICER. Without acquisition policies urgently needed to military construction when, in fact, it objection, it is so ordered. maintain the pace of procurement re- is necessary. It is not all pork. There is Mr. THURMOND. Mr. President, I form begun last year. These are items some pork, and we tried to get that yield 15 minutes to the able Senator under my subcommittee, and they are pork out. Did we get it all? Probably from New Hampshire [Mr. SMITH]. going to significantly increase the abil- not, but we got a lot of it. But building The PRESIDING OFFICER. The Sen- ity of Federal agencies to buy state-of- good housing and having decent places ator from New Hampshire is recog- the-art technology from the commer- for military to work and live in is not nized. cial sector and reduce barriers for com- pork. Mr. SMITH. Mr. President, I thank panies, both large and small, who want There is $300 million to continue the the distinguished chairman for yield- to sell their goods and services to the so-called Nunn-Lugar cooperative ing, and I rise in support of the Defense Government. threat reduction program with the authorization conference report. All of these provisions are fully con- states of the former Soviet Union. You At the outset, Mr. President, I want sistent with the existing requirements can see what is happening now in the to congratulate Senator THURMOND for for full and open competition. Soviet Union. That is taking on more his strong and determined leadership In the area of relieving burdens on importance. There is an increase of and tireless efforts on behalf of this contractors, we provided a total ex- over $1 billion in operation and mainte- legislation. It is a very, very difficult emption for the suppliers of commer- nance accounts to enhance readiness. process to get this bill to the floor, but cial items from the requirement to pro- And most importantly, perhaps, from Senator THURMOND never gave up, and vide certified cost and pricing data this Senator’s point of view, is the Bal- he has spent an awful lot of time talk- under the Truth in Negotiations Act. listic Missile Defense Act of 1995, which ing to Members trying to work out We also provided extensive relief from establishes policies on development agreements to get us here. requirements for special certification and deployment of missile defenses, It was a difficult conference with the of compliance of laws applicable to and this includes an increase of $604 House. While we experienced some Government contractors and eased the million to accelerate promising theater growing pains in the process, I think requirements governing acquisition of missile defense programs. the product, even though we do not all commercially off-the-shelf products. Not everyone is going to like every agree with it, is something we can be In addition to these changes, we have provision in this bill. I certainly do proud of. We do not agree with every- included a series of initiatives which not. But it is the nature of the legisla- thing in it, but it is something we can are intended to streamline acquisition. tive process that a good bill reflect the be proud of. For instance, we have included a provi- philosophies and priorities of all of us The Senator from South Carolina de- sion allowing agencies to use stream- as much as possible. serves a great deal of credit for his line solicitations and flexible notice For this reason, Mr. President, to be leadership and, more importantly, for deadlines in the procurement of com- very candid, it troubles me very much his commitment to the men and mercial items under the amount of $5 that the administration has announced women who wear the uniform of the million. its intent to veto, even before we adopt United States of America. This is a 3-year test program that it, this conference report. As the chair- We are always grateful to the distin- does not alter the requirements for no- man of the Subcommittee on Acquisi- guished Senator from South Carolina tice or the requirements for full and tion and Technology, I worked very for that strong leadership. open competition in these procure- hard, frankly, to accommodate the in- The legislation before us authorizes ments. terests and priorities of the adminis- approximately $264 billion for national Finally, under acquisition, we have tration in my areas, sometimes taking defense. This funding level is about $7 included a major reform in the manner on some of my own party to do it. I am billion more than the President’s re- Federal agencies purchase information not happy about the fact that one of quest, but it is consistent with the con- technology. This has been spearheaded, the veto message items in this bill current budget resolution adopted by for the most part, by my colleague and deals with areas that were under my Congress earlier this year. friend from Maine, Senator COHEN. We jurisdiction, specifically the Tech- Some have questioned this level, and have eliminated the jurisdiction of the nology Reinvestment Program. I want to emphasize that even with the General Services Administration over Frankly, I was specifically assured increased funds, the bill provides 2.3 Federal agency information technology by Under Secretary Paul Kaminski for December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18879 Acquisition that the administration not want to be protected from a mis- the necessary programs for them and appreciated the support and would ac- sile. That is what has been said. their families. cept our funding level, and now I find So it is President Clinton—let us be So we have a Commander in Chief that it is one of the reasons for being very clear about it—that is the prob- here, who, by vetoing this bill or vetoed. I was surprised and offended to lem. The United States currently has threatening to veto the bill, is aban- see the TRP issue listed as a reason for no defense against ballistic missile at- doning his troops when they need him the President’s threat to veto the bill. tacks. Zero. We are totally vulnerable. the most. He sends them all over the I have dealt in good faith with the ad- If a missile is fired at us, we cannot world—to Bosnia, Somalia, Haiti, ministration on this issue. If this is the stop it. Believe that or not. The admin- Cuba, wherever he feels like sending reward for being open and accommo- istration does not intend to correct them to do police work—without the dating, I can assure my friends in the that. We fought hard to get these pro- support of the American people in most administration, I may not be so open visions in there. cases. And he cannot sign a defense bill and accommodating the next time So the administration does not in- that provides a pay raise and gives around. I do not appreciate it, and I tend to ever deploy national missile de- them the equipment and facilities, want everybody to understand that. I fenses. And now, when Congress takes maintenance, and materials they need. deal in good faith with people, and I ex- action to correct this vulnerability, as And another reason for not signing the pect reciprocal treatment. we have done in this bill, we get the bill and vetoing it is because he does Mr. President, how much time do I veto threat. not want to protect the United States have remaining? The truth is that nothing in this bill of America from missile attack. That The PRESIDING OFFICER. The Sen- violates the ABM Treaty. It only calls is the reason the President has given ator has approximately 6 minutes. for deployment, by 2003, of a ground- for vetoing this bill. Mr. SMITH. Mr. President, I am also based national missile defense. There is I urge my colleagues to think very troubled by the statements of the dis- no requirement that it be a multiple- carefully about these comments when tinguished ranking member, whom I site system. I wish it was, but it is not. you vote. If the President is about to respect immensely and he knows that, We went as far as we could go to get walk off a cliff when he vetoes this bill, Senator NUNN, regarding the ballistic the support of the minority, and the do you want to be hanging onto his missile defense provisions of the bill. minority pulls out the rug. I find it un- coattails when he goes? I hope not. If We have met a number of times with believable that this President, and you vote against the defense bill, you Senator NUNN, many of us who worked some here in the Senate, with troops in are doing that. on this negotiation. the field in Bosnia—we heard a lot of The troops and their families are The bill before us accommodates vir- speeches about how we have to support watching, I can tell you. They know tually every single concern Senator the men and women in Bosnia. That is what the stakes are. They know what NUNN raised, as far as I am aware. It re- why we should send them there, be- the stakes are. These are the families tains the compromise language on de- cause we have to support them. The on food stamps out there, whose par- marcation that was included in the President wants them to go there. I ents are headed to Bosnia. If you vote Senate bill, and it eliminates the re- disagreed with all that. I believe in against this bill, you will be voting to quirement to deploy a multiple-site na- supporting the troops once they are deny them that raise, deny them hous- tional missile defense, much to my there, and the best way to do that is ing upgrades, and deny the very basic consternation. In addition, it retains voting for this bill. If you do not, you subsistence they so badly need. program guidance from the Senate- are not supporting the troops, you are Who is really abandoning our troops passed bill. not giving them a pay raise, better then? It will be very clear to the Amer- These were big concessions to the mi- housing, better weapons. If you do not ican public I assure you. nority, huge concessions to the admin- vote for this, you are not. Let us not In closing, I urge my colleagues to istration, and, quite honestly, we had a hear about any of this conversation support the bill before us. The legisla- tough time swallowing them, but we and discussion out here about how you tive initiatives and funding authoriza- did it to get a bill here that would are supporting the troops in the field tions contained in the conference re- move us in the right direction, even because you are not doing it. port are essential to keep faith with though it was not as far as we wanted The Russians have taken full advan- our men and women in uniform and to to go on missile defense, and we did it tage of this single-site ground-based preserve our national security. Those in good faith, and now we find the rug system and ABM deployment talk, and troops, including the 20,000 who will be is pulled out from under us. they have deployed a national missile deploying to Bosnia, need us now more It is clear that there was not a good- defense system near Moscow. There is than ever. faith negotiation on the part of the ad- no breach of the ABM Treaty and no I urge each of you to send the strong- ministration on this issue. The admin- anticipatory breach of the treaty in est message possible that you support istration has told us what the veto de- this bill, period. Yet, that is what we them and their families by supporting bate was, and we moved away from are being told on the floor. this bill. that, and still we have that action How is the President going to explain I yield the floor. hanging over us. I do not want to be on this to the American people? He is Mr. THURMOND. Mr. President, I that side of one—if the administration going to veto a bill—to put it another wish to commend the able Senator wants to be there, that is fine—that way, he sends troops to Bosnia and will from New Hampshire for the excellent takes the position that the administra- veto the bill that provides a pay raise remarks he made on this bill. He is a tion now has no intention of ever pro- and improves quality of life for their valuable member of the Senate Armed tecting the American people from bal- families, provides ammunition and the Services Committee, and he renders listic missile attack. If they want to be spare parts and equipment they need to this country a great service. on that side of the issue, that is fine. I do their jobs. That is what is happen- I will yield 10 minutes to the able do not want to be on that side of the ing, and this should be exposed on the Senator from Idaho, Senator issue. In its statement of policy, the floor of the Senate. This is an author- KEMPTHORNE, and after that, I will administration specifically calls na- ization bill, and it gets a little dry in yield 10 minutes to the able Senator tional missile defense ‘‘unwanted and the discussion. But let us call it what from Oklahoma, Senator INHOFE, then unnecessary.’’ Let me repeat that. The it is. That is what it is. 10 minutes to the Senator from Vir- administration calls national missile How is the President going to explain ginia, Senator WARNER, and then 10 defense unwanted and unnecessary. this? I do not know. How is he going to minutes to myself. With all due respect, who is it that explain it? We have heard a lot of talk The PRESIDING OFFICER. The Sen- defines protecting all Americans in all about the importance of supporting the ator from Idaho is recognized for 10 50 States to be unwanted and unneces- troops in the past few days. Well, that minutes. sary? I have not heard anybody say is not happening today. If you vote Mr. KEMPTHORNE. Mr. President, I that. I find it difficult to believe that against this bill, you are not support- would like to pick up on the theme there are people out there who would ing the troops. You are not supporting that the Senator from New Hampshire S 18880 CONGRESSIONAL RECORD — SENATE December 19, 1995 was referencing—that is, the troops. that negative vote, are denying the the shipment and interim storage of When I go out and visit the troops, military the full military pay increase. spent nuclear fuel at the Idaho Na- wherever they may be, throughout the I do not think it squares. Does that tional Engineering Laboratory. world, whether it was in Somalia, or mean that I like everything in this Since the 1950’s, the Navy sent its Bosnia, or what have you, and I discuss bill? Absolutely not. spent nuclear fuel to the Idaho Na- their thoughts with them and ask I think, for example, Mr. President, tional Engineering Laboratory [INEL] them, ‘‘What is on your mind? What that the B–2 bomber is truly one of the for reprocessing at the Idaho Chemical are your top concerns?’’ they bring up most fantastic aircraft that will ever Processing Plant [ICPP], known as the the whole question of the benefits. be designed. We are fortunate that we Chem Plant, in eastern Idaho. At the Remember, we have volunteer armed have in our arsenal B–2 bombers. I Chem Plant, the uranium contained in services. They want to know what Con- would love to see us have additional B– the naval spent fuel was extracted and gress and the President is really doing 2 bombers. sent to Oak Ridge for use in the Na- with regard to the benefits, such as In this particular report, as we did in tion’s weapons complex. The resulting their pay and their living conditions. It the Armed Services Committee, I had liquid waste was stored and later is a well-known fact that we can be to ask the question, how is it that we calcined into a dry substance. In 1992, very effective at recruiting these very, only provide $493 million for the B–2 the Nation stopped reprocessing spent very talented young men and women bomber program? Yes, we can come up nuclear fuel. After 1992, spent nuclear into the military. But whether or not with $493 million this year, but no one fuel from naval reactors came to INEL we retain them is based upon whether has been able to adequately tell me for interim storage at the Chem Plant. we really are serious and whether we after this year how do you come up In the wake of the decision to end re- deliver when we say that we are going with $20 billion to provide for the addi- processing, Idaho Governor Cecil to take care of the best fighting forces tional B–2 bombers. No one has been Andrus went to court to block the ship- in the world. able to answer that question. It should ment and storage of Department of En- Now, in this particular legislation be answered. This commits us to going ergy and Navy spent nuclear fuel to that is before us, this Defense author- down that road. Idaho. On June 28, 1993, Judge Hal ization bill, if in fact we support the I do not agree with that based on the Ryan of the District Court of Idaho is- troops, then this is the bill that we rationale I just mentioned, based upon sued an injunction blocking the ship- must vote for. Only by voting for this what I argued in the Armed Services ment of Navy and DOE spent nuclear bill do we give to the military the full Committee, but that does not mean I fuel to Idaho until an environmental military pay raise. How in the world do will walk away from my responsibility impact statement assessed the impact you explain to those troops that we to support this conference report and of storing this material in Idaho. have sent to Bosnia for Christmas that, what it means to the men and women The injunction against shipments to by golly, we support you with every- that wear the uniforms of the armed Idaho threatened to delay the Navy’s thing we have here, with the exception services of the United States of Amer- ability to refuel and defuel nuclear that I did vote against the Department ica. powered ships because the Navy pos- of Defense authorization bill, and I de- This conference report has real clean- sessed limited storage space for this nied you the full pay increase that you up at the Department of Energy sites material at the shipyards that did this are due? I do not think that squares. I throughout the United States. It expe- work. As the threat to the Navy’s re- think it is pretty easy to stand in the dites the environmental restoration at fueling and defueling schedule in- luxury of this facility and say how a variety of these sites—the environ- creased and the threat of job losses at much we support them, but then cast a mental restoration. How is it that so the nuclear shipyards grew, supporters negative vote against a pay increase; many of our colleagues say they are of the Navy’s position sought to in- or how about the increase in the quar- out front on all the efforts toward envi- clude a legislative exemption from the ters allowance, so that we can retain ronmental sensitivity cleanup, but on National Environmental Protection them, because you are going to have to some of our own Federal sites they will Act [NEPA] for the Navy’s nuclear do things for the families of our mili- walk away from that by voting against shipments to Idaho. In fact, the chair- tary if you are going to retain them. this conference report? man’s mark of the fiscal year 1994 De- The Secretary of Defense’s military This conference report also includes fense authorization bill considered by housing program—it is estimated that a landmark sense-of-the-Congress reso- the Senate Armed Services Committee it will take us 30 years to upgrade the lution describing and affirming the re- included such a waiver. housing that we put the best fighting cent settlement between the State of During the markup of this bill, I ar- force in the world in as their living Idaho, the Department of Energy, and gued strenuously against the legisla- quarters. Or the cost-of-living allow- the Department of Navy regarding the tive waiver. As I said at the time, it ance—in order to provide them equity shipment and storage on an interim was inappropriate for the Senate to with the civil Federal employees, you basis of spent nuclear fuel in the State consider a waiver before we knew the have to vote for this bill. If you do not of Idaho. The settlement between the facts about the impact of the court’s vote for this bill, then you are denying State and the Federal Government will injunction. At my urging, the legisla- the military of this Nation equity with allow the Navy and Department of En- tive waiver was dropped from the bill the other Federal employees. ergy to meet their national security re- approved by the Armed Services Com- There are many provisions in this quirements to the Nation over the next mittee. In lieu of a legislative waiver, bill, as has been pointed out in the de- 40 years. But the settlement also sig- the Armed Services Committee held a bate that has taken place on the floor nificantly assures the people of the hearing on July 28, 1993, to assess the of this Senate. There are many provi- State of Idaho that all spent nuclear facts about the situation. sions that Senators have come to my fuel will leave the State by the year At the July 28 hearing, Governor office and have said: We certainly ask 2035. The agreement is the result of Andrus, Senator CRAIG, Congressman you and urge you to vote with us re- long and difficult negotiations between CRAPO, Admiral DeMars, and Tom garding, for example, The Seawolf pro- the Governor of Idaho, Phil Batt; the Grumbly and others outlined the issues gram, whether or not we ought to build attorney general, Al Lance; the Assist- facing the Navy, the Department of En- this third Seawolf. There were discus- ant Secretary of Energy, Tom ergy, and the State of Idaho. In my sions in my office. I support the con- Grumbly; the DOE General Counsel, opening statement, I urged Chairman struction of the third Seawolf. I think the Director of Nuclear Naval Propul- EXON to lock the doors until the par- it is absolutely the right thing to do. I sion and the Navy General Counsel. ties at the witness table reached an eq- voted for it. Those Senators that came Mr. KEMPTHORNE. Mr. President, I uitable agreement that protected the to my office urging me to vote for it, would like give my colleagues some interests of the people of Idaho, the now I am told, are going to be voting background to explain the importance Navy, and the DOE. I also urged the against the conference report that does of the Sense of the Congress Resolution witnesses and the members of the com- authorize the funds for the Seawolf. in the fiscal year 1996 Defense author- mittee to establish a new partnership They are also the ones that, by casting ization conference report concerning to implement long-term solutions. The December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18881 hearing reaffirmed Governor Andrus’ oppose any effort to seek a legislative ment and shipments of Navy nuclear willingness to accept additional naval waiver for nuclear shipments to Idaho. fuel to Idaho safely resumed. spent nuclear fuel shipments if the Instead of seeking a legislative quick Today, the Senate will consider the shipments were required for national fix, I urged the Navy and the DOE to fiscal year 1996 defense authorization security and work on the EIS contin- intensify negotiations with Governor conference report which includes the ued. Batt. sense-of-the-Congress language on this On August 9, 1993, Governor Andrus, As the negotiations plodded along, agreement that I requested. The lan- the Navy, and the DOE announced Navy supporters once again sought a guage reads: ‘‘Congress recognizes the agreement on an interim settlement legislative waiver to allow Navy spent need to implement the terms, condi- which allowed a minimum number of nuclear fuel shipments to Idaho to con- tions, rights and obligations contained shipments to Idaho while the Navy and tinue. In fact, the House passed DOD in the settlement agreement’’ and the DOE completed the environmental appropriations bill included a legisla- ‘‘funds requested by the President to impact statement. I strongly supported tive waiver for Navy shipments. When carry out the settlement agreement the agreement negotiated by Governor the Senate considered the defense au- and such consent order should be ap- Andrus and the Federal Government thorization bill, I worked with Sen- propriated for that purpose.’’ This because it protected Idaho’s rights, it ators WARNER, EXON, SMITH, CRAIG, sense-of-the-Congress resolution brings allowed the Navy to meet its national COHEN, THURMOND, and others to in- the legislature into this settlement security requirements, and it avoided a clude an amendment which urged a agreement. Under the U.S. Constitu- legislative waiver of the NEPA law. On continuation of good faith negotiations tion, the obligation to provide the December 22, 1993, Judge Ryan accept- between Idaho, DOE and the Navy. The funds to implement this agreement ed the settlement and modified the in- defense authorization and appropria- falls on the Congress and I am pleased junction to allow the shipments re- tions bills considered and passed by the by my colleagues’ recognition of the quired for national security. Senate did not include any waiver that importance of this accord. On April 28, 1995, the Department of prejudiced Idaho’s interest during Today, the Senate will take a big Energy released the final EIS on spent these negotiations. step forward in recognizing that we fuel management which recommended During the end game of the con- must address the waste and spent nu- consolidating spent nuclear fuel at ference on the defense appropriations clear fuel that has resulted, and will INEL, the Hanford reservation, and the bill, Chairman STEVENS called me at result, from our national security poli- Savannah River site. At that time, I home one Friday evening to inform me cies. Today, the Senate will state its called the Secretary’s recommendation that the House conferees insisted on intention to provide the funds to im- unfair and I urged her to reconsider their language allowing naval nuclear plement an agreement that allows the this recommendation. A few weeks fuel shipments to Idaho despite the Department of Energy and the Navy to later, Governor Batt and the State of court’s injunction. I thanked Senator meet their national security require- Idaho went to court to block the rec- STEVENS for his heroic efforts on my ments to the Nation. ommendations of the EIS. On May 19, behalf to delete the House provision. In In the years ahead, I will work tire- 1995, Judge Edward Lodge agreed to light of the position of the House con- lessly with my colleagues to insure the Governor Batt’s request to maintain ferees’, I informed the Senator from Congress meets its responsibilities to the injunction on spent nuclear fuel Alaska that I would use every option implement this historic accord. I can shipments while the court assessed the at my disposal to oppose the appropria- assure my colleagues I will do every- adequacy of the final EIS. tions conference report if it included a thing I can to explain the importance On June 1, 1995, Secretary O’Leary legislative waiver. He said he under- of this agreement to every Senator. I signed the record of decision which stood my position. want to thank my colleagues for their codified the administration’s decision The final Department of Defense ap- support for this sense-of-the-Congress to send 1,940 additional shipments of propriations conference report included resolution. spent nuclear fuel to the INEL. For the the House language exempting Navy Mr. President, in conclusion, let me next 2 months, the Department of Jus- shipments from the NEPA law and Sen- say I have heard a lot in the last 10 tice and the Navy tried, but failed, in ator CRAIG and I prepared to filibuster days, the last week we cast some tough their appeal efforts to get Judge the bill. When it appeared that the votes with regard to Bosnia. Everyone Lodge’s injunction lifted. Senate would take up the Defense ap- was making the points about support- As the dispute lingered, Governor propriation conference report, Senator ing the troops. Here is your oppor- Batt announced three conditions for a CRAIG and I went to see Senator DOLE, tunity to support your troops by say- settlement of this issue. In exchange the majority leader, expressing our ing we will make sure that they have for a binding commitment to: First, re- strong opposition to the bill. Senator the full pay increase for them. It will move all spent nuclear fuel from Idaho CRAIG and I asked the Majority Leader assure that we have the acquisition by a date certain; second, accelerate to delay consideration of the bill to streamlining so they do not have to clean up at the INEL; and third, pro- give Governor Batt additional time to wait for the moms, dads, husbands or vide new missions for the site, Gov- negotiate with the DOE and the Navy. wives to send equipment, as we did in ernor Batt announced he would accept Senator DOLE agreed to our request Desert Storm, because it took too long some additional shipments of spent nu- and delayed Senate consideration of to get it through the Federal program clear fuel to the INEL for temporary the bill. In the end, the House defeated where you could buy things like a GPS storage and preparation for ultimate the conference report on unrelated is- system through Radio Shack. That is disposition. Once the Governor set out sues. wrong. If you support the troops you the parameters of a fair agreement, I On October 16, 1995, Governor Batt, vote for this. expressed my support for his three con- the Navy, and the DOE reached an I conclude by saying I want to com- ditions and urged the DOE and the agreement to allow around 1,100 nu- mend the chairman of the Armed Serv- Navy to meet his concerns. Throughout clear shipments to Idaho over the next ices Committee, Senator STROM THUR- the months of negotiations that led to 40 years in exchange for a court en- MOND. What a remarkable man. He has this agreement, I spoke with a variety forceable commitment to remove all been leading us on this conference re- of DOE, DOD, and Navy officials, in- spent nuclear fuel from Idaho by 2035 port. He has been leading that commit- cluding Secretary O’Leary, Deputy and expedite the clean up and waste tee with the same vigor, the same de- Secretary of Defense White, Navy Sec- management activities at the INEL. termination as when he rode a glider retary Dalton, Tom Grumbly, Admiral The agreement also included a provi- behind enemy lines in World War II. DeMars, and Steve Honigman, urging a sion to fund new missions at the INEL. Just as at that time he was serving the settlement along the terms outlined by I joined the rest of the Idaho congres- country, again as the chairman of the Governor Batt. For example, at a July sional delegation in hailing this settle- Senate Armed Services Committee, he 20 meeting in Senator WARNER’s office, ment as an historic agreement for the is serving the country. He is doing all I told Admiral DeMars and the Navy people of Idaho and the Nation. A day that he can to make sure that we pro- general counsel that I would vigorously later, the court accepted this settle- vide the necessary support for the men S 18882 CONGRESSIONAL RECORD — SENATE December 19, 1995 and women in the uniform of the armed today, as I speak, destroying missiles spect for Senator Strom THURMOND. I services of this Nation. I am proud to and nuclear warheads per an arms said it before, I think he is one of the serve on a committee that STROM agreement. They are destroying both legends of this Senate. He has done THURMOND is a chairman of. I urge all delivery systems and warheads as a re- wonderful work for this country, and I of my colleagues to join in voting for sult of an arms agreement in which we regret not being able to support this this conference report. That is a signal reduce the number of weapons. conference agreement. There are a you will send to the troops. It is the But we are saying we want to spend number of things in it that are useful right signal. I yield the floor. $450 million more in this conference re- and important and make good invest- Mr. DORGAN. Mr. President, I come port than the administration asked for, ments in our armed services. to the floor to oppose the conference for a national missile defense, better It gives me heartbreak to see the pri- report, and I regret doing that. I have known as star wars. ‘‘Star wars″ be- orities that are established in this great respect for the Senators who cause this says it ought to be a spaced- Chamber. When it comes to helping have worked on this. I have great re- based component, ought to be multiple people, helping kids, providing an enti- spect for Senator THURMOND and oth- sites and we ought to deploy it imme- tlement for a school lunch for a poor ers. diately. kid in the middle of the day, or provid- It is interesting to me that we find Let us decide as a country if our pri- ing hope to a 4-year-old that he or she ourselves during Christmas week talk- ority is to build star wars. Does any- will be able to go to a Head Start pro- ing about a balanced budget. We find body think this makes sense—a 40 per- gram that we know works to improve ourselves in meetings all over the Cap- cent cut in Star Schools—a tiny pro- their life—when it comes to that, we itol and at the White House trying to gram to make American schools better, say, ‘‘I am sorry, we just can’t afford figure how do you struggle to cut we cannot afford it, so we cut it 40 per- it. We will just tighten our belts.’’ spending to balance the budget, and we cent—but we decide what is really im- When it comes to this, it is like shop- bring a defense authorization bill to portant is $493 million added on for ping at Toys-R-Us with a credit card the floor that follows an appropriations star wars? Someone somewhere is not that has no limits. bill that said, ‘‘By the way, Pentagon, thinking very clearly. You want weapons programs? The It would be interesting to have had one of the largest areas of public spend- Pentagon said you do not need amphib- this bill brought to the floor at a dif- ing, you did not ask for enough money. ious ships, and we have to decide be- ferent time. But it is brought to the We insist you spend more.’’ tween two, one costs $1.2 billion and floor in the middle of a wrenching de- That is what this bill says. This bill the other is $900 billion. The Pentagon bate about what we have money to says to the Army, Navy, Air Force, Ma- wants neither. What do we do? We buy spend on and what our priorities are, rines, ‘‘You do not know what you both. Why limit ourselves? The con- and we now say some of the most con- need. We demand you buy more trucks, servative members of the Congress say, servative Members of this body say, more planes, more ships, more sub- ‘‘The sky is the limit. Buy everything. ‘‘By the way, we are deficit hawks. We marines because we do not think you Buy it all.’’ are for a balanced budget. We are for I hope the next time we go around on ordered enough. We will plug in some cutting Federal spending, except today, this issue of establishing priorities for more money for you.’’ Tuesday.’’ This bill we are going to do We are debating all of these budget this country’s spending, we will decide our way. And our way is to say to the to do two things. We will decide that issues and appropriations bills, and we Secretary of Defense: You do not know we want to invest in a strong defense say we cannot quite afford the entire what you are talking about; to the Air in this country, but we will also decide Head Start program so 55,000 kids, all Force, to the Navy, to the Army and to that we are not going to add mega- of whom have names, will no longer be the Marines: You do not understand bucks to the budgets that were re- in Head Start because we cannot quite what you need. You order trucks? We quested by the people who head the afford it; 600,000 low-income inner-city insist you order more. You want sub- armed services who ought to know disadvantaged kids will not get sum- marines? We insist you buy more. Jet what we need to defend our country, mer jobs because we cannot afford fighters? You did not buy enough. megabucks in terms of $7 billion this that; got to cut the Star Schools Pro- What on Earth is going on? I just do year, some $30 billion over the next 7 gram by 40 percent; we cannot afford not understand it. years, added, layered on, despite the energy assistance in the middle of win- I know it will be justified in the fact it was not requested and is not ter for low-income folks who live in name of national defense, it is for na- needed. Minnesota and North Dakota and else- tional defense. If it is for national de- My hope is that in the coming couple where in this country. fense, stuff their pockets with money, of days, as we sort through these prior- But we say: By the way, there are the sky is the limit, we have no end, no ities about what we think really some things we can afford. We can af- limit on the American credit card when strengthens this country and what we ford some things the Pentagon said it it comes to national defense. I tell you, think our spending priorities ought to did not want. We can afford $493 mil- there are at least some Americans, this be, we will be able to do far better than lion to start buying new B–2 bombers one included, and I think a number of this. for a total bill of $31 billion; we can af- my constituents, who wonder why you Mr. President, 100 years from now we ford $1.3 billion for an LHD–7 amphib- would want to put on their credit card will all be gone. None of us will be here ious ship; $974 million for a second am- $493 million for B–2’s or $48 billion to 100 years from now. The only thing phibious ship; we can afford more build a star wars program in December they will know about this group of peo- money for 6 F–15’s that were not or- of 1995. That seems, in my judgment, ple will be what we stood for, what our dered; 6 F–16’s that were not requested; completely out of step with the prior- values were. They can take a look at 14 Kiowa Warrior helicopters that were ities this country ought to be seeking. how we spent the public’s money, how not asked for. They say, ‘‘It is not star wars, it is we used the public’s resources, what we Of course, the hood ornament on all national missile defense.’’ One of the thought was important, what we in- of this extravagance is the National sites may well be in my State. In fact, vested in. Missile Defense Program. I know there it is likely one of the sites will be in They can look at the Federal budget is great disagreement about this, and northeastern North Dakota. Some peo- and see something about what our val- others will stand up and forcefully de- ple up there are sore at me because I ues were, and they can see this group, fend national missile defense. I respect will not support a program that may at least, decided its values were to try their views, and I will not in any way provide some jobs up there. Maybe so. to get involved once again in another be cross about them personally, but I know what it will provide, a $48 bil- arms race by starting an ABM pro- only to say I think this is a terrible lion deficit to build a star wars pro- gram. We decide we do not have any waste of the taxpayers’ money. Maybe gram—$48 billion to build a star wars big programs started now, let us re- we could get some old newspapers to program, building an astrodome over start it. Let us figure out how we can put on the desks to say that the Soviet America, as it were. create a $48 billion star wars program. Union is gone. There is not a Soviet This makes no sense at all. Again, I Let us figure how we can add 20 B–2 Union any longer. The Republics are will end as I started. I have great re- bombers to the tune of $21 billion. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18883 I hope maybe we can change those inadequate to take care of this coun- us, it is not even classified—should be decisions when we go back around this try’s strategic interests. This bill does able to reach both Hawaii and Alaska next year, so those who study history add $7 billion to the President’s re- by the year 2000 and the rest of the con- and look at what we stood for, what we quest. Congress is trying to fix what tinental United States by the year 2002, thought was important, will under- the President has been doing to our de- and we do not have a national missile stand we promoted a kind of invest- fense system. But it is still 2.3 percent defense system in place. ment strategy in this country that rec- less than we spent on defense last year. The previous Speaker keeps using the ognized the importance of defense, that I think it is very significant to real- figure $48 billion. I have refuted that recognized a strong defense is impor- ize and to understand and to say on the over and over and over again on the tant, but also recognized you do not floor of this Senate that the President floor of the U.S. Senate because it is get that by throwing money at defense. of the United States does have a de- not $48 billion. We have a $38 billion in- You do not get that by building every fense plan. It is called the Bottom-Up vestment already in the Aegis system gold-plated weapons program that Review. It started in early 1993, when that is already deployed. It is already comes to mind. And you do not get it President Clinton became President. out there; 22 Aegis ships with missile by shortchanging education and a He started reviewing what we need to launch defense capability. With only whole range of other areas that make defend this Nation. Mr. President, his approximately $4 billion more, we this country stronger as well. defense budgets are still ranging from could take that Aegis system and give Mr. President, I ask how much time $50 billion to $150 billion less than his that the capability of knocking down remains? own program requires. missiles coming into the United States. The PRESIDING OFFICER (Mr. We have had more than 10 years, It is not $48 billion. We are talking THOMPSON). The Senator has 10 seconds more than a decade of cuts in our Na- about $4 billion more, and we can do remaining. tion’s security. In 1988, the Defense De- that just by protecting an investment Mr. DORGAN. Mr. President, let me partment bought 438 combat aircraft. that is already there of $38 billion. yield back the 10 seconds. I appreciate This year it will be 34—and the admin- That was money well spent, but this the Senator from South Carolina and istration only wanted 12. bill puts us in the position where we his work on this legislation. Even The citizens of Oklahoma sent me to are going to actually do something though I am not intending to vote for Washington to try to restore America’s about protecting ourselves against mis- it, let me hope we reach a different re- defense and not to watch the budget sile attack. sult next year. continue to fall, over and over and over I wish there were more time to talk The PRESIDING OFFICER. The Sen- again. I intend to support this bill, but about that, but there is not, because ator from South Carolina. I am hoping next year we can do a bet- Mr. THURMOND. Mr. President, I re- this missile has too many other things ter job. gret the able Senator is not voting for that we need to talk about. Let me cover a couple of things that The B–2 has taken a lot of hits. The the bill, but I thank him for his kind were mentioned by the previous speak- very distinguished Senator from Idaho, comments. er. I now yield 10 minutes to the able Senator KEMPTHORNE, characterized First of all, I am very proud that this Senator from Oklahoma, Senator the B–2 as the ‘‘most fantastic aircraft bill has a little bit of money in there to INHOFE. He is a valuable member of the built.’’ I agree with him. I think it is sustain a program that was put to- Armed Services Committee, and we are an incredible aircraft—and it is the gether some time ago so that we would very pleased to have him speak at this only one that can carry out a mission have a national missile defense system time. that this country needs to be able to The PRESIDING OFFICER. The Sen- in place by the year 2000. The previous accomplish. This bill adds $493 million ator from Oklahoma. speaker used the term ‘‘star wars.’’ for continued B–2 production. The re- Mr. INHOFE. Mr. President, I thank That is kind of a fun term to use be- strictions on the number of aircraft, the very distinguished Senator from cause that makes people believe that and the restrictions on purchasing long South Carolina, the chairman of the this is kind of a Buck Rogers program lead items, have been lifted. That Senate Armed Services Committee, for —some kind of a science fiction pro- means that, while we are in a position yielding. I am proud to be serving with gram where you build this dome over prior to this particular bill, or this such a great American hero as Senator the country against some type of at- conference report, of cutting off pro- STROM THURMOND. It is such an honor tack. But we know that this is not duction and being terminated at 20 air- to be in a position to be able to do science fiction, but a reality—we are $4 craft, we can now go beyond 20, if we that. billion away from establishing a credi- determine that is in the best interest The speaker just before me from ble defense for the American people of the Nation’s security. Right now we North Dakota commented about our against ballistic missiles. I remind my are working on the 16th B–2 bomber. priorities and what has happened to friend from North Dakota: former CIA When this rolls off, we still have four our priorities in this country. director Jim Woolsey has said: ‘‘We more that will be produced. But we I am very happy to stand here and know of between 20 and 25 nations that have $125 million left in the previous announce that today—at least it is either have, or are building, weapons of program to take care of that. That scheduled for today—should be the mass destruction, either chemical, bio- money will, of course, be most likely birth of a great American by the name logical, or nuclear, and are working on used by March 31 when the moneys of James Edward Rapert, who will be the missile means of delivering these that we are talking about now would my third grandchild. weapons.’’ go into production. It will be a lot When you stop and think about what Maybe I am a minority, but I am cheaper to keep a program going than we are looking for in this country, willing to believe that we can docu- to go through the very expensive re- what we are planning for, and what ment a case where the threat to this start program for the B–2. this administration is trying to do country is greater today than it was I agree in this case with the Sec- with all of the social programs that during the cold war. During the cold retary of Defense when he said, ‘‘Be- were mentioned by the previous speak- war, we knew who the enemy was. It cause potential regional adversaries er from North Dakota, at the expense was the Soviet Union. So we could may be able to mount military threats of building a strong national defense, I watch them. Now we know that while against their neighbors with little or wonder what is in line for someone like there is no longer a Soviet Union, there no warning, American forces must be James Edward Rapert, who is coming is a Russia, there is a China, and they postured to project power rapidly to into this country with a defense budget have this missile technology. There is support the U.S. interests and allies.’’ that is much lower than it was last every reason to believe that they are The B–2 provides rapid, long-range year, with a defense budget that has selling missile technology to places precision strikes anywhere in the world fallen more than 40 percent over the like Iraq, Libya, Iran, and other on short notice and without refueling. past 11 years. places—North Korea is working on the I have often thought to ask those in- While I am rising in support of this Taepo Dong II missile right now. That dividuals who argue against the B–2— conference report, I still say that it is missile—our intelligence sources tell what happens if we cut it off? What S 18884 CONGRESSIONAL RECORD — SENATE December 19, 1995 happens if we just discontinue the pro- send you the benefits, the techno- housing allowance that would other- gram, as many would like to do, at 20 logical advantages, and the equipment wise not be available. As the White aircraft? The Pentagon’s long-range necessary to survive over there, or in House statement of policy concludes, bomber study suggested earlier this any other conflict in the future. the President calls upon the Congress year that we can rely on the existing I would like to make a brief com- ‘‘to provide for pay raises and cost of B–52 until the year 2030. Mr. President, ment about the defense authorization living adjustments for military person- the B–52 would be 70 years old by that conference action concerning the B–2 nel prior to the departure for the time. I think when you talk about cost bomber program. I am a proponent of Christmas recess.’’ effectiveness, two B–2 and four crew- the B–2. I believe its capabilities rep- So the statement of administration men can do the job of 67 aircraft and resent a true revolution in military af- policy makes it very clear the Presi- 132 crewmen, and we can no longer rely fairs that the DOD is only on the verge dent is going to veto this bill, but the on the B–52 for our future bomber of fully integrating into defense plan- President is asking us, and I think needs. ning. I believe long-range quick strike those of us who are voting against this I am pleased that Congress has had aircraft are an essential element of the bill concur, to provide for pay raises the wisdom to continue to support the U.S. Air Force and the B–2 is the only and cost of living adjustments for mili- B–2 bomber program. And I look for- tool we have to ensure this capability. tary personnel prior to departure for ward to providing it further support in A force of more than 20 B–2’s will be re- the Christmas recess. We do not have the future. quired to achieve this situation. The to vote for this bill, which has so many The PRESIDING OFFICER. The Sen- defense authorization conference pro- flaws, in order to provide for those cost ator’s time has expired. vides the funds to continue this nec- of living allowances and pay raises for Mr. INHOFE. Mr. President, I would essary B–2 production. our military personnel. I believe it like to ask for an additional 2 minutes. The conference report language, how- would be wrong to approve this bill for I ask unanimous consent for 2 addi- ever, states that the Senate conferees many reasons which I went into yester- tional minutes without it being believe that the new funds provided day, which Senator NUNN and others charged against our time. may only be spent on items related to have gone into, but I think it also Mr. THURMOND. Mr. President, I the first 20 B–2 aircraft. I was a Senate would be irresponsible for us to not ask unanimous consent that 2 addi- conferee and I want to go on record pass the needed pay raise and cost of tional minutes be allowed to the Sen- that I do not believe this, I did not living adjustments, and we can do ator and that it not be charged to any- agree to this language, and I expect both. We can both reject this bill, body. these funds to be used for long-lead which we should, and provide for the The PRESIDING OFFICER. Without items to continue the B–2 production. I cost of living allowance which our objection, it is so ordered. know other conferees share this view. military personnel, both those in Mr. INHOFE. Thank you very much, This is a vote to support our troops Bosnia and here at home, so rightly de- Mr. President. who are already in Bosnia. serve. Mr. President, we have heard a lot Thank you, Mr. President. I yield the Mr. President, the bill has many about supporting the troops. There are floor. flaws and many of those were outlined those of us who spent hours on this Mr. THURMOND. Mr. President, I yesterday. One of the biggest problems Senate floor trying to get resolutions wish to commend the able Senator with this bill is that it puts us on a col- passed to stop the President from send- from Oklahoma for his excellent re- lision course with a treaty which we ing American troops into Bosnia. We marks. He does a fine job as a member have lived under, which we negotiated, will not give those arguments again. of the Armed Services Committee, and which we ratified with the then Soviet We lost that battle. The President won we are very pleased to work with him. Union, which Russia as the successor Mr. LEVIN addressed the Chair. to the Soviet Union has adhered to. by a very narrow margin and, although The PRESIDING OFFICER. The Sen- And if we undermine that ABM Treaty, it was without the full support of Con- ator from Michigan. gress, was able to deploy the troops. Mr. LEVIN. Mr. President, I believe as the language in this conference re- Now that the troops are there, we are that the UC allocates 10 minutes to the port does, we will be undermining a going to support our troops. Those of Senator from Michigan. treaty which has not only provided sta- us who argued and argued and at- The PRESIDING OFFICER. That is bility in a very dangerous world of nu- tempted to pass a resolution of dis- correct. clear weapons, but we will be under- approval to stop the President from Mr. LEVIN. Thank you, Mr. Presi- mining a treaty which has allowed the sending troops into Bosnia are now dent. Soviet Union and now Russia to agree saying, now that the troops are there, Mr. President, regrettably I will vote to dismantle thousands of nuclear we have to support our troops. For against the defense authorization bill. weapons which otherwise would di- those Senators who really want to do As I said yesterday, I regret being in rectly or could directly threaten us. it, this is the first opportunity you this position for many reasons, but Now, Russian parliamentarians have have to really support the troops. particularly because of the strong ef- told us this. They have told us this di- If we do not pass the bill, then the fort that Senator THURMOND has made rectly: the START II treaty is in jeop- troops that we have sent over there to get a bill passed this year. I wish ardy of failing ratification. It is dif- would not receive the 2.4 percent pay that I could be able to vote for this bill ficult enough in the Russian Duma, but increase, they would not be able to for that reason alone. But there are that if we adopt language which says it have the 5.2 percent increase in hous- just too many reasons that I am unable is our policy to deploy a system which ing allowance, and all the huge qual- to vote for this bill. violates the ABM Treaty, it is not ity-of-life increases that are in this First, two brief points on some of the going to be possible for the Duma to particular conference report. There is issues in the bill which trouble me. ratify the START II treaty which pro- $1 billion more for operation and main- There have been comments that this vides for reductions in nuclear weapons tenance so that the troops are better bill needs to be passed in order to pro- because those reductions were based on trained. There is new technology that vide for pay and allowances for our the assumption that the Anti-Ballistic is going to allow better equipment to service personnel. In light of the fact Missile Treaty is going to be in effect. protect their lives while they are over that the President has said he is going It is the absence of nationwide defenses there. to veto this bill—and we know he is which has allowed Russia to negotiate I suggest, Mr. President, that, if you going to veto this bill because that has the reduction of offensive weapons. oppose this bill, if you vote against been made public—we should now be And they not only will not ratify this bill, it is a vote against our troops making preparations to attach those START II, if they are threatened with that are currently on the ground in must-pass provisions to the next legis- a defensive system in violation of the Bosnia. If the President vetoes this, lative train, which may be, indeed, the ABM Treaty, they have also indicated the President will have sent our troops continuing resolution. that they would view this as such a into Bosnia and will have then turned That way we can provide the pay major change of circumstance that around and said we are not going to raise, cost of living allowance and the they are no longer going to comply December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18885 with START I because of change of cir- current form, this conference report, decade. By forcing an unwarranted and un- cumstances that our breach, or our in- the President would veto the bill. And necessary National Missile Defense (NMD) tention to breach the ABM Treaty the language relative to this point is in deployment decision now, the bill would would reflect. the third paragraph on page 1 which needlessly incur tens of billions of dollars in That is why General Shalikashvili, missile defense costs and force the Depart- says that: ment of Defense (DOD) prematurely to lock the Chairman of our Joint Chiefs of The bill would require deployment by 2003 into a specific technological option. In addi- Staff, has stated so clearly to us from of a costly missile defense system to defend tion, by directing that the NMD be ‘‘oper- his military security perspective: do the U.S. from a long-range missile threat ationally effective’’ in defending all 50 states not adopt a policy which says that we which the Intelligence Community does not (including Hawaii and Alaska), the bill would are going to violate a treaty which believe will ever materialize in the coming likely require a multiple-site NMD architec- then in turn is going to cause the Rus- decade. By forcing an unwarranted and un- ture that cannot be accommodated within necessary National Missile Defense (NMD) the terms of the ABM Treaty as now written. sians to refuse to ratify another treaty, deployment decision now, the bill would called START II, which will reduce the By setting U.S. policy on a collision course needlessly incur tens of billions of dollars in with the ABM Treaty, the bill puts at risk number of offensive nuclear weapons missile defense costs and force the Depart- continued Russian implementation of the that could threaten the United States. ment of Defense prematurely to lock into a START I Treaty and Russian ratification of Is there a conflict? I cannot think of specific technological option. In addition, by START II, two treaties which together will any clearer conflict that exists be- directing that the NMD be ‘‘operationally ef- reduce the number of U.S. and Russian stra- tween the ABM Treaty, which says you fective’’ in defending all 50 states (including tegic nuclear warheads by two-thirds from cannot deploy a nationwide ABM sys- Alaska and Hawaii), the bill would likely re- Cold War levels, significantly lowering the tem, and the language in this con- quire a multiple-site National Missile De- threat to U.S. national security. fense architecture that cannot be accommo- ference report, which says it is the pol- The bill also imposes restrictions on the dated within the terms of the ABM Treaty as President’s ability to conduct contingency icy of the United States to deploy a na- now written. By setting U.S. policy on a col- operations that are essential to the national tional missile defense system. The lision course with the ABM Treaty, the bill interest. The restrictions on funding to com- ABM Treaty says you cannot deploy it puts at risk continued Russian implementa- mence a contingency operation and the re- on a nationwide basis; the conference tion of the START I Treaty and Russian quirement to submit a supplemental request report says it is our policy to deploy ratification of START II. within a certain time period to continue an it—not only that but to deploy it by The PRESIDING OFFICER. The Sen- operation are unwarranted restrictions on the year 2003. ator’s 10 minutes have expired. the authority of the President. Moreover, by Now, that is a direct conflict in lan- Mr. LEVIN. I thank the Chair. I ask requiring a Presidential certification to as- guage. We avoided that conflict in the unanimous consent that since I under- sign U.S. Armed Forces under United Na- tions (UN) operational of tactical control, Senate bill. There was a bipartisan stand Senator KENNEDY is not going to the bill infringes on the President’s constitu- group of four who were selected by the be utilizing his 5 minutes, 2 minutes of tional authority. majority leader and by the Democratic his 5 minutes be allocated to me. In addition, the Administration has serious leader, and four of us spent day after The PRESIDING OFFICER. Without concerns about the following: onerous cer- day after day working out a bipartisan objection, it is so ordered. tification requirements for the use of Nunn- approach to this language, and we did Mr. LEVIN. To conclude, Mr. Presi- Lugar Cooperative Threat Reduction funds, work out that approach. The language dent, the statement from the adminis- as well as subcaps on specified activities and tration: elimination of funding for the Defense Enter- which was worked over very carefully prise Fund; restrictions on the Technology said that—and this is now the Senate By setting U.S. policy on a collision course Reinvestment Program, restrictions on re- bill—we are committed not to deploy with the ABM Treaty, the bill puts at risk tirement of U.S. strategic delivery systems; the system but to develop such a sys- continued Russian implementation of the restrictions on DOD’s ability to execute dis- tem, leaving the deployment decision START I Treaty and Russian ratification of aster relief, demining, and military-to-mili- open for a later date. Now, that is a START II, two treaties which together will tary contact programs; directed procurement reduce the number of U.S. and Russian stra- of specific ships at specific shipyards, with- very critical difference, and I think all tegic nuclear warheads by two-thirds from of us know it. Do we want to commit out a valid industrial base rationale; provi- cold war levels, thus significantly lowering sions requiring the discharge of military per- ourselves right now to deploy a system the threat to U.S. national security. sonnel who are HIV-positive; restrictions on which violates a treaty, the treaty Mr. President, I ask unanimous con- the ability of the Secretary of Defense to which has allowed Russia to agree to sent that the statement of administra- manage DOD effectively, including the aboli- another treaty, START II, which is re- tion policy, stating that the President tion of the Assistant Secretary of Defense ducing by 4,000 the number of nuclear will veto this conference report and the for Special Operations and Low-Intensity Conflict and the Director of Operational Test weapons in the Russian inventory? I do reasons why be printed in the RECORD. and Evaluation; and finally the Administra- not think we want to do it. Far more There being no objection, the mate- important, our military has urged us tion continues to object to the restrictions rial was ordered to be printed in the on the ability of female service members or not to adopt language which directly RECORD, as follows: dependents from obtaining privately funded conflicts with the ABM Treaty. OFFICE OF THE PRESIDENT, abortions in U.S. military hospitals abroad. May we want to change the ABM OFFICE OF MANAGEMENT AND BUDGET, While the bill is unacceptable to the Ad- Treaty through negotiations? Yes. Washington, DC., December 15, 1995 ministration, there are elements of the au- Might we want to deploy a system STATEMENT OF ADMINISTRATION POLICY thorization bill which are beneficial to the Department, including important changes in after it is developed? Yes; if it is cost (This statement has been coordinated by acquisition law, new authorities to improve effective and operationally effective, if OMB with the concerned agencies.) military housing, and essential pay raises for the threat is real. But do we now want H.R. 1530—National Defense Authorization military personnel. The Administration calls to unilaterally declare it is the policy Act for Fiscal Year 1996 Conference Report, on the Congress to correct the unacceptable Senators Thurmond (R) SC and Nunn (D) GA. of the United States to deploy this sys- flaws in H.R. 1530 so that these beneficial If the Conference Report on H.R. 1530 were tem when it runs head on against the provisions may be enacted. The President es- presented to the President in its current prohibition on such deployment in the pecially calls on the Congress to provide for form, the President would veto the bill. ABM Treaty? Do we want to do so The Conference Report on H.R. 1530, filed pay raises and cost of living adjustments for when General Shalikashvili is telling on December 15, 1995, would restrict the Ad- military personnel prior to departure for the us something we ought to heed, which ministration’s ability to carry out our na- Christmas recess. is that it would be foolish to trash the tional security objectives and implement Mr. LEVIN. Mr. President, there is a treaty unilaterally and thus to under- key Administration programs. Certain provi- finding concerning the ballistic missile mine the basis which has allowed the sions also raise serious constitutional issues threat to the United States, which is Russians to agree in START II to re- by restricting the President’s powers as cited in the bill as justification for de- duce 4,000 nuclear weapons in their in- Commander-in-Chief and foreign policy pow- ploying an NMD system, and doing so ers. ventory—weapons which can threaten The bill would require deployment by 2003 quickly. Section 232, paragraph (3) of this country so directly? of a costly missile defense system to defend the Senate-passed bill is the following Now, the statement of administra- the U.S. from a long-range missile threat finding: tion policy on this says that if this bill which the Intelligence Community does not The intelligence community of the United were presented to the President in its believe will ever materialize in the coming States has estimated that (A) the missile S 18886 CONGRESSIONAL RECORD — SENATE December 19, 1995 proliferation trend is toward longer range ing proposals to abandon the ABM prevention is worth a pound of cure, we and more sophisticated missiles, (B) North Treaty have already taken a toll on seem more than happy to pay for more Korea may deploy an intercontinental ballis- Russian confidence in our commitment than half a billion dollars of cure, tic missile capable of reaching Alaska or be- to abide by our treaty obligations, as while cutting off the prevention: drug yond within five years, and (C) although a new indigenously developed ballistic missile was clearly explained in an article in demand reduction. I would also point threat to the United States is not forecast yesterday’s Washington Post, and I ask out that the conference rejected a Sen- within the next 10 years there is a danger unanimous consent that the article by ate-passed amendment by Senator that determined countries will acquire inter- Rodney Jones and Yuri Nazarkin be NUNN to extend a pilot program on continental ballistic missiles in the near fu- printed in the RECORD at the conclu- drug demand reduction. This is totally ture and with little warning by means other sion of my remarks. inconsistent with the emphasis and re- than indigenous development. The PRESIDING OFFICER. Without sources devoted to drug interdiction Mr. President, this statement of objection, it is so ordered. and counter-drug activities of the De- threat sounded too dire to me and to (See exhibit 2.) partment, which the conference sup- Senator BUMPERS, so we wrote to the Mr. LEVIN. Even though we have not ported. Director of Central Intelligence to ask decided to commit to deploy a treaty- Besides providing a pool of potential whether it was an accurate statement busting ABM system, some Russian recruits who have the requisite math of the intelligence community’s assess- policy makers and parliamentarians and science skills, plus strong admira- ment. It is not. have already concluded that we don’t tion for the military because of The CIA response to our letter said care much for the ABM Treaty, and Starbase, the program is a great re- that ‘‘the bill language overstates what that we wish to free ourselves of its cruiting tool. The head of National we currently believe to be the future constraints. This is putting in doubt Guard recruiting in Kansas, who was threat.’’ Here is what the intelligence the Russian ratification of the START chosen as the top recruiter of the year, community believes, which is rather II Treaty. says that Starbase is his best recruit- different from the bill language I just It is important that we help make ing tool because the community learns read: clear that the Senate, which gave its good things about the Guard Bureau Several countries are seeking longer range advice and consent to the ABM Treaty, through it. He told my office that he missiles to meet regional security goals; and which has a unique constitutional would gladly use his recruiting budget however, most of these missiles cannot reach responsibility to consider treaties for to pay for the Starbase program if he as far as 1,000 kilometers. A North Korean ratification, is firmly committed to could, because it’s such an effective missile potentially capable of reaching por- the proposition that the United States tool. tions of Alaska—but not beyond—may be in will meet its obligations under the ONGOING OPERATIONS development, but the likelihood of it being ABM Treaty and all treaties into which This conference report does not fully operational within 5 years is very low. The Intelligence Community believes it ex- we solemnly enter. Let us leave no authorize funds for continuing oper- tremely unlikely any nation with ICBM’s doubt that we understand our security ations involving U.S. forces around the will be willing to sell them, and we are con- is intertwined with Russia’s security. world, and it places onerous restric- fident that our warning capability is suffi- We cannot simply act unilaterally and tions on funding future operations. De- cient to provide notice many years in ad- expect to be more secure. fense Secretary Perry told the commit- vance of indigenous development. Mr. President, I urge my colleagues tee in June that ‘‘funding these ongo- I bring this to the Senate’s attention to reject this Conference Report be- ing operations is a high priority’’ and because it is clear evidence that the ra- cause of its missile defense provisions, he stressed ‘‘the importance of avoid- tionale given for moving ahead so rap- if for no other reason. But there are ing any negative effect on readiness of idly with a deployment of a national many other reasons, and I know my U.S. forces’’ by putting funds in this missile defense system, what we used colleagues will discuss some of them in budget. The gap in this bill threatens to call ABM, is significantly over- detail. I might mention a few briefly the very readiness and training ac- stated. There is no imminent threat now. counts that members of the Armed from ballistic missiles to the United CIVIL-MILITARY AND STARBASE Services Committee have raised alarms States, and there isn’t likely to be one Mr. President, This conference report about, because that is where funds will anytime soon. I ask unanimous consent effectively would terminate the Penta- have to be borrowed to pay these costs that the full text of the letters to and gon’s civil-military cooperation pro- we know we are incurring. from the CIA be printed in the record grams, including the drug demand re- Those who protested the most about at the conclusion of my remarks. duction programs. These were deemed shortfalls in readiness and training are The PRESIDING OFFICER. Without to be non-defense defense spending. now, by failing to fund ongoing oper- objection, it is so ordered. While I acknowledge the need to care- ations in this bill, insuring that the (See exhibit 1.) fully examine the defense budget for Pentagon will have to cannibalize Mr. LEVIN. Mr. President, the U.S. unneeded spending, I question the con- those readiness and training activities currently has a policy of developing clusion that these programs are not to pay for missions that U.S. combat ballistic missile technologies to find supportable. There are clearly many forces are actually performing. which ones are most likely to work, truly egregious examples of spending in ABORTION AND HIV and to have a capability to deploy a na- the conference report, but some of This conference report also contains tional missile defense system within these civil-military programs are a de- two provisions affecting military per- about 4 years if necessary—well within fense and national security bargain. sonnel which I oppose. The Senate the window of warning that the intel- One program I know well is the Armed Services Committee explicitly ligence community estimates it will Starbase program, a National Guard rejected a provision that would have have for indigenous development of youth program that targets at risk prohibited women in the military sta- missiles that could threaten the United youth and provides them with a very tioned overseas from obtaining abor- States. That is a rational, reasonable cost-effective program in math, science tions in military hospitals, even with and prudent policy, and there is no and technology and teaches them drug their own money. This conference re- need to replace it with a policy that demand reduction, all with hands on port would establish such a restriction, would likely increase the threat to our activities on Guard bases. The con- which is contrary to the situation Nation by committing up to breach the ference report seeks to terminate this faced by servicewomen stationed state- ABM Treaty and pushing the Russians program after 18 months. side, not to mention the right of to abandon START II, and possibly Considering the high priority placed women outside the military to pay for even cease implementing the START I on recruiting, and considering that the abortions. reductions which are well ahead of military spends over $650 million each And the Senate bill contained no pro- schedule. year on drug interdiction and counter- vision regarding service personnel who Mr. President, I think our colleagues drug missions, one would think the test positive for the HIV virus, but this should be aware that the actions the Starbase program would be a winner at conference report would require those Senate has already taken in consider- just $5 million per year. If an ounce of individuals to be separated from the December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18887 service. That provision could actually caused the cancellation of some weap- needlessly endanger our troops in the hinder efforts to protect service per- ons programs and significant modifica- field, and it does not deserve the sup- sonnel from HIV by creating an incen- tions to others, often over the objec- port of the Senate. tive for secrecy, and it presumes that tions of the military services. The re- Mr. President, I ask unanimous con- those who test positive could not serve sult has been the purchase of weapons sent that the letter from Mr. Vander effectively and safely in some capacity systems that have been safer and more Schaaf be printed in the RECORD at the within the armed forces. reliable than ever before. Indeed, after conclusion of my statement. OPERATIONAL TEST & EVALUATION the Persian Gulf war, Secretary Che- The PRESIDING OFFICER. Without The conference report also makes a ney credited the independent oper- objection, it is so ordered. very unwise change in the DOD’s Office ational testing of the BRADLEY fighting (See exhibit 3.) of the Director of Operational Test and vehicle with ‘‘sav[ing] more lives’’ in ACQUISITION REFORM Evaluation [OT&E] at the Pentagon, that war than perhaps any other single Mr. LEVIN. Mr. President, this bill which would render this important of- initiative. represents a significant departure from fice useless or eliminate it altogether. For these reasons, Secretary Perry the bipartisan tradition of the Senate We created the office of OT&E 12 years has called the independent Director of Armed Services Committee and from ago in a bipartisan effort. It has saved OT&E ‘‘the conscience of the acquisi- the way that we have handled DOD Au- lives, saved the taxpayers billions of tion process’’ and declared his support thorization bills in the past. dollars and prevented our soldiers from for a strong and independent OT&E or- There was only one area of which I receiving poor or unsafe equipment. ganization. For this reason, too, the am aware in which the conferees were The Senate did not vote to undermine Senate-passed version of this author- permitted to work to a bipartisan con- this crucial office, and the conferees ization bill contained a provision which sensus in the way we have tried to do should have rejected the House’s pro- expressly reaffirmed the importance of in the past—and this issue was not posal. Instead, the House prevailed and an independent Director of OT&E ‘‘to even a defense-specific issue. The bi- we will no longer have independent provide an independent validation and partisan, cooperative way in which the operational tests and evaluations of verification of the suitability and ef- conference handled government-wide our critical combat equipment. fectiveness of new weapons, and to en- acquisition provisions in the bill stands Mr. President, section 903(g) of the sure that the United States military in stark contrast to the way in which bill would repeal section 139 of title departments acquire weapons that are the bulk of the bill was handled, and 10—the provision that establishes an proven in an operational environment clearly shows the constructive results independent Director of Operational before they are produced or used in that can still be achieved when we Test and Evaluation [OT&E] in the De- combat.’’ partment of Defense. This repeal would Yet the conference report would work together across the aisle. not only undermine the confidence of eliminate the independent Director of This does not mean that I am com- taxpayers that they will get their mon- OT&E, allowing DOD to once again pletely satisfied with every element of ey’s worth for the billions of dollars place operational testing in the hands these acquisition provisions. It is in that they spend on defense procure- of acquisition officials. This change the nature of a conference agreement— ment, but could also place in question would not eliminate the office or re- even one that is worked out on a bipar- the safety of our troops in the field. duce its budget requirements—oper- tisan basis—that it represents a com- The Director of OT&E is the DOD of- ational testing would still be per- promise, and a true compromise is ficial who is responsible for ensuring formed and it would still cost just as completely satisfactory to no one. that our servicemen personnel receive much—but it would eliminate one key The acquisition provisions that trou- weapons that are tested in an inde- independent check that we have to en- ble me include the following: pendent manner and in an operation- sure that weapons systems perform as Section 4301 establishes a congres- ally realistic environment. Without they are supposed to. sional policy against the imposition of strong and effective operational test- DOD’s Deputy Inspector General, nonstatutory certification require- ing, we cannot be sure that the weap- Derek Vander Schaaf, has criticized ments on contractors. While some cer- ons our soldiers take into the field will this provision in the strongest possible tifications may be burdensome and un- be ready for combat, and without inde- terms. In a December 14, 1995, letter, necessary, many have been imposed as pendent oversight we cannot be sure Mr. Vander Schaaf stated: a substitute for even more burdensome that we will have strong and effective I strongly disagree with the proposal to government audit and review require- operational testing. eliminate the independence of the DOT&E ments. If we now drop the certification This is precisely why we established and replace him with a designated official requirements as well, we may in some the independent Director of OT&E posi- within the Office of the Secretary of Defense. cases be left with no means at all for tion 12 years ago. Because the Director The Office of the Director was created by enforcing important Federal policies. is required ‘‘to safeguard the integrity Congress to provide independent validation Section 4303 would give the Depart- of operational testing and evaluation,’’ and verification on the suitability and effec- ment of Defense broad authority to tiveness of new weapon systems and to en- the conference report on the FY 1984 waive statutory recoupment require- DOD bill explained: sure that the Military Departments acquire weapons that are proven in an operational ments in foreign military sales, subject The conferees also intend the Director to environment. I am strongly for acquisition to the approval of legislation offsetting be independent of other Department of De- reform in the Department of Defense and the costs of the waiver. I am concerned fense officials below the Secretary of De- have offered many suggestions to improve fense. The Director should not be cir- that this provision amounts to a give- the acquisition process. However, this is not cumscribed in any way by other officials in away to international arms merchants, reform but a step backward in the direction carrying out his duties. which cannot be paid for without mak- of deploying weapons and equipment that are ing substantial cuts elsewhere in an al- Above all, the independent Director later proven to be ineffective or inefficient of OT&E position was established to re- to operate and maintain. ready extraordinarily tight budget. move operational testing and evalua- This proposal eliminates one of the inde- Section 4205 would make the cost ac- tion from the influence of the DOD offi- pendent checks in our weapon systems acqui- counting standards inapplicable to all cials who are responsible for the acqui- sition process. An independent Director is contracts for the purchase of commer- sition of weapons systems. These DOD the conscience for contractors and project cial items—even contracts in which acquisition officials have already given managers and ensures they deliver usable cost reimbursement or progress pay- weapon systems to the military members. I ment provisions make clear accounting a green light to a weapons purchase have testified in the past against proposals long before it reaches the operational to weaken the authority of the Office of the for contractor costs a vital priority. I test and evaluation stage and have too Director, and steadfastly believe the Direc- am concerned that this provision could strong a stake in continuing the pro- tor saves the Department funds while ensur- lead to a dangerous erosion in the ac- curement, to serve as independent eval- ing Service members receive operationally countability of contractors for costs uators. effective weapons. incurred on cost-type contracts. Over the last decade, the actions of Mr. President, this provision is mis- Section 822 would establish a pilot the independent Director of OT&E have guided, it is shortsighted, it could program to test the use of commercial S 18888 CONGRESSIONAL RECORD — SENATE December 19, 1995 practices including the waiver of pro- with Senator COHEN, of the Competi- Again, I regret that I have reached curement laws for particular contrac- tion in Contracting Act, I am a strong this conclusion because of my affection tor facilities to be designated by the believer in the importance of full and for Senator THURMOND, but I feel, given Department of Defense—subject to the open competition. I was as astonished the flaws in this report, that we should approval of Congress. I have been told as were many others to see some of the defeat this report, and I will vote that candidates for inclusion in this proposals that were made on the House against it. program could include facilities in side to undermine this cornerstone of I thank the Chair, and I yield the which military aircraft are built. I the Federal procurement system. I be- floor. know of no military aircraft that qual- lieve that these proposals would not EXHIBIT 1 ify as commercial items under the law only have been unfair to small busi- U.S. SENATE, as we have written it, or under any nesses and other vendors, but could Washington, DC, November 1, 1995. plausible definition of the term, and I have cost the taxpayers billions of dol- Hon. JOHN DEUTCH, continue to believe that tough quality, lars in lost competition for Federal Director of Central Intelligence, audit and oversight provisions are agency contracts. Washington, DC. needed to protect the taxpayers’ inter- I want to assure my colleagues, how- DEAR JOHN: When the Senate considers the est in the production of military- ever, that this conference agreement Conference Report on the FY 1996 Defense unique items. does not contain any of those changes. Authorization Bill, we will again debate the Despite these concerns, I believe We did not and we would not agree to ballistic missile threat to the United States. that, on balance, we got the best agree- change the standard of full and open Sec. 232 para. (3) of the Senate version of competition through the front door, the FY 1996 Defense Authorization Bill ment that was possible in a conference states ‘‘The intelligence community of the which the Senate and the House en- through the back door, or in any other United States has estimated that (A) the tered with diametrically opposing posi- way. This was a fundamental issue in missile proliferation trend is toward longer tions. I am particularly pleased that on the conference not only for me, but for range and more sophisticated missiles, (B) the acquisition reform provisions of other Senate conferees as well. Senator North Korea may deploy an intercontinental the bill, unlikely many other issues, COHEN and I have put together a joint ballistic missile capable of reaching Alaska the Senate was able to retain a con- statement explaining the competition or beyond within 5 years, and (C) although a structive, bipartisan working relation- provisions in the bill, which I believe new indigenously developed ballistic missile threat to the United States is not forecast Senator COHEN will be placing in the ship between members and staff of the within the next 10 years there is a danger Armed Services Committee, the Gov- RECORD. that determined countries will acquire inter- ernmental Affairs Committee, and the Mr. President, I may not be pleased continental ballistic missiles in the near fu- Small Business Committee. with every aspect of the acquisition re- ture and with little warning by means other That constructive, bipartisan co- form package before us, but I am satis- than indigenous production.’’ operation, which led to the enactment fied that on this matter, at least, we We would appreciate your unclassified of the Federal Acquisition Streamlin- have continued to work on a biparti- comments on whether the above statement ing Act in the last Congress, has yield- san, consensus basis. I wish I could say accurately reflects the present position of ed substantial dividends in this bill as the same for other provisions in the the intelligence community. We would also bill, but I cannot. appreciate your assessment of the likelihood well. For example: that countries will acquire ‘‘with little warn- Division E of the bill contains the CONCLUSION ing’’ ICBMs either through indigenous pro- Cohen-Levin Information Technology Mr. President, on no set of issues is duction or by other means. Management Reform Act, which would bipartisan cooperation more important We would also welcome your providing us substantially streamline the manage- than in the area of national security. with any other information that you feel is ment and procurement of computer and We need not all agree on every issue, relevant to this issue. Thank you for your communications systems by the Fed- but we must strive to work together in attention. eral Government. These provisions a bipartisan spirit. We have a broad Sincerely, would eliminate the process of delega- spectrum of views on the House and DALE BUMPERS, tions of procurement authority by the Senate Armed Services Committees, CARL LEVIN. General Services Administration and but we have a long history of working CENTRAL INTELLIGENCE AGENCY, consolidate bid protests in a single ad- together, across party lines to try to Washington, DC, December 7, 1995. ministrative forum, eliminating put together the best bill we can. Re- Hon. CARL LEVIN, unneeded paperwork from our informa- grettably, the conference this year fell U.S. Senate, tion technology purchasing systems. short of that objective both in process Washington, DC. Section 5401 of the bill contains my and in spirit. Too many of these con- DEAR SENATOR LEVIN: The DCI has asked proposal to reduce paperwork in the ac- tentious issues were left to only the me to respond on his behalf to your letter of quisition of off-the-shelf products by majority staff of the two committees November 1, 1995, asking for the Intelligence providing Government-wide, on-line to hash out, and months passed with- Community’s comments on the Defense Au- computer access to GSA’s multiple thorization Bill language that discusses the out resolution. By that time, the de- future ballistic missile threat to the United award schedules. The implementation fense, military construction and en- States. In the past, representatives of the In- of these provisions should bring effec- ergy and water appropriations bills had telligence Community openly portrayed the tive competition to the multiple award been passed and enacted. I urge the future ballistic missile threat to the US as schedules and make it possible to re- leadership of both the House and Sen- reflected in the statement from Sec 232, para duce or even eliminate the need for ate committees to reexamine what (3) of the Defense Authorization Bill. We lengthy negotiations and burdensome transpired and accelerate the learning wish to point out, however, that the Intel- paperwork requirements placed on ven- process so that next year, and I stand ligence Community continuously evaluates dors to ensure fair pricing. this issue and the Bill language overstates ready to work with them to try to re- what we currently believe to be the future Section 4304 of the bill would clarify store the tradition of cooperation on threat. and substantially streamline the pro- the Defense authorization bill. Several countries are seeking longer range curement ethics laws. While I would Mr. President, this conference report, missiles to meet regional security goals; have preferred a broader revolving door in this regard alone, would have us however, most of these missiles cannot reach provision than the conferees ulti- threaten a very, very significant gain as far as 1,000 kilometers. A North Korean mately agreed to, I have been working that we have made four our security. missile potentially capable of reaching por- for years to simplify these overly com- That gain is the actual reduction of nu- tions of Alaska—but not beyond—may be in plex, inconsistent, and overlapping clear weapons and the commitment to development, but the likelihood of it being statutes. I believe that this change is reduce thousands more nuclear weap- operational within five years is very low. The Intelligence Community believes it ex- long overdue. ons in the Russian inventory. tremely unlikely any nation with ICBMs will Finally, I would like to respond to We should not do this against the be willing to sell them, and we are confident the concerns that have been raised clear advice of our military. And there that our warning capability is sufficient to about the competition provisions in are many other reasons for rejecting provide notice many years in advance of in- the bill. As one of the Senate authors, this conference report. digenous development. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18889 An original of this letter is also being pro- more vulnerable and the United States less ing the nuclear forces of both nations—would vided to Senator Dale Bumpers. Similar let- so. mean embarking on a long and formidable ters are being provided to Senator Strom Ivan Rybkin, the Duma speaker, expressed process. Thurmond and Senator Sam Nunn. the growing disenchantment with START II If the United States is not prepared to Enclosed herewith is an unclassified publi- in the newspaper Nezavissimaya Gazeta on enter such a process, yet withdraws from the cation on The Weapons Proliferation Threat. Nov. 5: ‘‘We cannot be bothered any longer, ABM Treaty or takes steps in that direction We hope this information is useful. Please given this situation that propels plans for it would mean the end of START II—the end call if I can be of further assistance. NATO enlargement and reveals our U.S. con- of real, dramatic reductions in the numbers Sincerely, gressional colleagues’ intentions to begin a of the world’s most destructive weapons. JOANNE O. ISHAM, process that threatens the ABM Treaty—the Is it still possible to resuscitate START II Director of Congressional Affairs. cornerstone of the existing arms control re- in Russia? Right now, it seems unlikely. If EXHIBIT 2 gime.’’ Clinton vetoes the defense authorization, Russian misgivings about START II [From the Washington Post, Dec. 17, 1995] with its ABM mandate, the prospects for sav- haven’t come overnight. Initially Yeltsin ing START II would improve, but only OFF TO A BAD START II—IN BOTH THE UNIT- and the Russian military leadership firmly slightly. ED STATES AND RUSSIA, HOPES FOR THE believed that START II was in Russia’s in- Russian opponents of START II may now STRATEGIC ARMS PACT ARE FADING terest. They recognized benefits for Russia— insist on delaying Russian ratification until the fact that START II’s deep reductions (By Rodney W. Jones and Yuri K. Nazarkin) the results of the 1996 U.S. presidential (and would enhance stability, reduce future de- After months of delay, the Senate Foreign congressional) elections can be evaluated. fense costs, ensure formal strategic parity Relations Committee moved last week to Repairing the growing damage to U.S.-Rus- with the United States and contribute to bring the START II treaty up for a vote on sian relations and U.S. interests in nuclear long-term cooperation between the two pow- the Senate floor. The pact would reduce U.S. threat reduction will become steadily more ers. The Clinton administration also worked and Russian strategic nuclear weapons to 70 difficult unless Congress revives the tradi- to alleviate Russian uneasiness over U.S. na- percent of Cold War levels and also eliminate tion of bipartisan statesmanship on nuclear tional missile defense activities. But the land-based multiple-warhead missiles, the weapons issues that has prevailed since the ABM developments of late have changed most threatening of Russia’s weapons. Un- end of the Cold War. Russian feelings toward START II. fortunately, while a favorable Senate vote on If Clinton vetoes the defense authorization EXHIBIT 3 the treaty is virtually assured, ratification bill as he has promised, a direct conflict over of the pact by Russia has become increas- INSPECTOR GENERAL, the ABM Treaty will be avoided. Congres- ingly uncertain in recent months. As Rus- DEPARTMENT OF DEFENSE, sional direction of the U.S. military might sians go to the polls today, many will be vot- Arlington, VA, December 14, 1995. then be provided exclusively in the defense ing for politicians who question whether Hon. CARL LEVIN, appropriations bill. That legislation, which START II is still in Russia’s best interest. U.S. Senate, the president approved earlier this month, The prime cause of Russian second Washington, DC. says nothing about deploying an ABM sys- thoughts, according to parliamentarians and DEAR SENATOR LEVIN: This is in response tem. to a request from your staff concerning the defense experts in Moscow, is the Repub- This silence, however, is unlikely to as- position of the Office of the Inspector Gen- lican-led effort that began this summer to suage Russian concerns, since Russia must eral on Section 901(j), ‘‘Conforming Amend- mandate the deployment of a multi-site stra- worry that the ABM issue will return in the ments Relating to Operational Test and tegic anti-ballistic missile, or ABM, system next congressional session. Moreover, the ap- Evaluation Authority,’’ of H.R. 1530. This by the year 2003. This system was called for propriations bill mandates completion of the section substantially diminishes the inde- originally in the Senate version of the de- Navy’s ‘‘Upper Tier’’ system, a defense ini- pendence, authority and responsibilities of fense authorization bill and endorsed last tiative to produce shorter-range missiles the Director of Operational Test and Evalua- week by a House-Senate conference commit- that Russia also finds objectionable because tion (DOT&E) and may lead to the eventual tee. Yet it will violate the 1972 ABM Treaty, of its potential for use against long-range elimination of the office and its functions. which for more than two decades has helped weapons. This action is being taken ‘‘under the cover’’ curtail a costly buildup of defensive nuclear Russian arms control experts are also trou- of eliminating from statute all of the Assist- weapons and countervailing offensive weap- bled by the thinking of some U.S. lawmakers ant Secretaries of Defense. However, in the ons. who believe that the ABM Treaty is an obso- case of the DOT&E, the impact is signifi- It first became clear that START II was in lete Cold War measure. The Russians point cantly different. For example, the impor- serious trouble last month when parliamen- out that if the ABM Treaty is to be revised tance and input that the office can have in tary leaders in Moscow who had supported in light of the post-Cold War situation, they ensuring that weapons are suitably for oper- START II hearings in July concluded that a see it as equally reasonable to amend and ational deployment is effectively restricted ratification vote in the waning months of adapt the START treaties. After all, they by deleting the annual reports to Congress 1995 would fail. To avoid a foreign policy cri- argue, the cumbersome and intrusive START summarizing operational test and evaluation sis over a negative vote, they postponed fur- verification provisions were elaborated in a activities and deleting the duties of the of- ther action on the treaty. climate of mutual suspicion and mistrust fice contained in Section 139 of title 10. Regrettably, the prospect for uncondi- and were based on worst-case scenarios tional Russian ratification of START II next about the other side’s intentions. I strongly disagree with the proposal to year is no more promising. Following today’s These Russian critics suggest that Mos- eliminate the independence of the DOT&E election, the State Duma, Russia’s lower cow’s obligations under START II are large- and replace him with a designated official house of parliament, is expected to be even ly irrelevant to current realities. The Rus- within the Office of the Secretary of Defense. more critical of START II and of the United sians are required by the treaty to alter the The Office of the Director was created by States than its predecessor. Russian political structure of their strategic triad by 2003. Congress to provide independent validation parties and factions opposed to the treaty This will entail sizable expenditures both to and verification on the suitability and effec- will probably gain seats at the expense of the eliminate all multiple-warhead land-based tiveness of new weapon systems and to en- reformist and democratic parties that gen- ICBMs (intercontinental ballistic missiles) sure that the Military Departments acquire erally support it. President Boris Yeltsin’s and to replace them with single warhead weapons that are proven in an operational poor health and the growth of assertive na- missiles. Given the current U.S.-Russian environment. I am strongly for acquisition tionalism in Russia further clouds START partnership, Russian START II critics argue, reform in the Department of Defense and II’s chances. such measures are not essential to the stra- have offered many suggestions to improve Even the Russian military leadership, tegic security of both nations and should be the acquisition process. However, this is not which had steadfastly supported START II, open to revision. reform but a step backward in the direction shows signs of cooling toward the treaty in The Russians are completely uninterested of deploying weapons and equipment that are the wake of U.S. congressional action threat- in negotiating amendments to fundamental later proven to be ineffective or inefficient ening the ABM Treaty. The Russian military provisions of the ABM Treaty. This appar- to operate and maintain. fears the United States’ real intent is to gain ently was well understood by those pushing This proposal eliminates one of the inde- strategic superiority over Russia. The Rus- the antiballistic missile initiative in Con- pendent checks in our weapon systems acqui- sian military dismisses as preposterous U.S. gress, for they also included the possible al- sition process. An independent Director is assertions that the legislation is aimed at ternative of U.S. withdrawal from the ABM the conscience for contractors and project protecting American soil from the threat of Treaty. Russia might consider changes to managers and ensures they deliver usable a handful of long-range missiles from North the ABM Treaty—but only along with par- weapon systems to the military members. I Korea and other small countries. In effect, allel changes in START II. have testified in the past against proposals Russian military leaders argue, the United Would this be acceptable to U.S. officials, to weaken the authority of the Office of the States would be deploying new defensive legislators and 1996 Republican presidential Director, and steadfastly believe the Direc- missiles just as Russia was completing the candidates? Renegotiating current nuclear tor saves the Department funds while ensur- reduction of its offensive missiles under treaties with the purpose of adapting them ing service members receive operationally START II’s requirements. Russia would be to new realities—as instruments for regulat- effective weapons. S 18890 CONGRESSIONAL RECORD — SENATE December 19, 1995 If we may be of further assistance, please initial NMD system and then grow this sys- trol (C2) to support USCINCSPACE in the contact me or Mr. John R. Crane, Office of tem in response to changes in the quantity centralized control of the NMD mission. This Congressional Liaison, at (703) 604–8324. and quality of the threat and in accordance initial capability would be fully utilized in Sincerely, with the modifications negotiated in the the continued evolutionary development of DEREK J. VANDER SCHAAF, treaty over time. The initial capability can the objective system. Deputy Inspector General. be expanded by adding additional intercep- 6. This proposed system could provide ef- Mr. THURMOND. Mr. President, I tors and by adding more sites. Space-based fective protection of the entire United States rise to correct several incorrect state- sensors (Space and Missile Tracking System in the 2000 time frame from a limited ICBM (SMTS)) could be added to provide increased attack of a few RVs for an acquisition cost of ments that have been made over the battle space and dual phenomenology track- about $5B. The initial NMD system could be last several days regarding the ballistic ing and discrimination to enhance defense augmented through negotiations to deploy missile defense provisions in this con- effectiveness against more advanced threats. additional GBIs, additional ground-based ference report. It has been asserted 3. The Army PEO has shown that the ini- sites, a space-based sensor system (SMTS), that this conference report requires the tial NMD system can provide effective de- and/or a space-based weapon system as re- United States to deploy a multiple-site fense of the 48 continental United States quired and permitted by treaty obligations national missile defense system and against limited threats (a few RVs with sim- to address a larger and/or more sophisticated ple penetration aids and/or jammers). Analy- even a space-based system. Both of threat. sis indicates that, with certain enhance- 7. In summary, the initial system, using these assertions are flat wrong. ments, the initial system can also provide an additional EWRs, can provide costs and oper- The conference report does require effective defense for all states. These en- ationally effective defense of all 50 states the Secretary of Defense to deploy a hancements include the following: against ballistic missile threats limited to a ground-based national missile defense a. Improved quality of Early Warning few RVs and simple penetration aids. The system by the end of 2003. But nothing Radar (EWR) data including additional ad- ground-based radar being developed will pro- in the conference report requires the vanced radars at Shemya (in the Aleutian Is- vide high quality track and discrimination. system to include multiple sites. I con- lands of Alaska), in Hawaii, and on the east On threats that require early commit of the coast. tinue to believe that the United States interceptor, the kill vehicle will have the ca- b. Increased interceptor booster velocity. pability to receive in-flight updates includ- should ultimately deploy a multiple- c. Onboard target selection capability of ing target object map data. The kill vehicle site system, but nothing in this con- the kill vehicle. will also have onboard target selection and ference report requires such a system. 4. Each of these improvements is discussed designation capability. By combining these Nor does the conference report advo- below: capabilities and allowing for multiple inter- a. Improved EWR data is necessary to pro- ceptor shots at each threatening object, a cate, let alone require, a violation of vide tracking information of sufficient qual- very high probability of kill can be achieved. the ABM Treaty. The language in the ity for the NMD battle management/com- Additional interceptor sites would provide conference report urges the President mand, control, and communications (BM/C3) increased defense robustness as threat quan- to undertake negotiations with Russia system functions. The concept of using EWR tity and quality increase. Space-based sen- data is not different from the CONUS defense to amend the ABM Treaty to allow for sors would increase defense confidence concept; however, to extend this capability deployment of a multiple-site national against larger and more stressing threats. to Alaska and Hawaii requires upgrades to missile defense system. This and other 8. This evolutionary deployment approach the EWRs, adding advanced EWRs at provisions in this conference report en- is a prudent, affordable, and effective means Shemya, in Hawaii, and on the east coast. of providing protection for all 50 states vision a cooperative process, not uni- The upgraded EWRs and additional EWRs against a limited ballistic missile attack. It lateral abrogation. would provide early acquisition of the ballis- must be noted, however, that current budg- It has been asserted that there is no tic missile threat and allow the interceptors etary constraints preclude the Army and way to defend the territory of the Unit- sufficient time to intercept these targets. BMDO from substantially accelerating NMD. The advanced EWRs would be based on the ed States from a single site, and there- This evolutionary program is executable technology the Army has developed with fore this conference report indirectly only with strong continued congressional BMDO sponsorship. requires a multiple-site system. While support at the $1B per year level, which must b. Another important change is an increase I believe that a multiple-site system not come at the expense of other critical in the interceptor velocity to reduce the fly- Army or BMDO programs. should be our goal, I must point out out time and increase coverage. For CONUS that the Army has concluded that it defense, a velocity of about 6.5 km/sec is suf- Mr. THURMOND. Mr. President, un- can defend all 50 States, including ficient; however, defending Alaska and Ha- fortunately, despite all our efforts in Alaska and Hawaii, from a single, waii from a single interceptor site at Grand conference to resolve concerns related ABM, Treaty-compliant, site. I would Forks, North Dakota, requires a velocity to the ABM Treaty, we continue to also point out that the Army’s report greater than 7.2 km/sec. The Army NMD Pro- hear the artificial argument that this on this subject was prepared at the re- gram Office has identified commercial boost- conference report constitutes an antic- quest of the ranking minority member er motors that will provide a velocity great- er than 8 km/sec and plans to utilize this ca- ipatory breach of the ABM Treaty. of the Armed Services Committee. I pability in the ground-based interceptor. Since there is no requirement to deploy ask unanimous consent that the Army c. The third characteristic required is the a multiple-site national missile defense report, entitled ‘‘Evolutionary Ap- onboard capability of the kill vehicle to se- system in this conference report, there proach to National Missile Defense,’’ be lect the lethal object from a cluster of ob- can be no anticipatory breach con- printed in the RECORD. jects. The Exoatmospheric Kill Vehicle tained in it. There being no objection, the mate- (EKV) was specifically designed to achieve But even if there were a multiple-site rial was ordered to be printed in the this capability. This capability allows the system to commit the interceptor against a requirement, this would still not con- RECORD, as follows: cluster of objects, designate, and intercept stitute an anticipatory breach. Since EVOLUTIONARY APPROACH TO NATIONAL the lethal object in a target complex. there are treaty-compliant ways to get MISSILE DEFENSE [NMD] 5. The Army PEO has proposed an acceler- to a multiple-site system, just having a 1. The Army’s Program Executive Office ated, evolutionary NMD development pro- policy that points us in that direction for Missile Defense (PEO–MD) has made a gram which will meet requirements if funded cannot constitute an anticipatory proposal that would take advantage of the at the appropriate level. The proposed NMD breach. To quote the senior Senator significant investment that BMDO has made Program will develop a system for deploy- from Alabama, who was a distinguished in ground-based missile defense technology. ment that will provide an effective defense of Planning includes an evolutionary deploy- the entire United States against a limited judge prior to coming to the Senate, ment for defense against long range ballistic threat. The proposal begins with an initial ‘‘While there are legal methods to de- missiles, initially focusing on unsophisti- deployment of an NMD system of ground- ploy multiple sites within the frame- cated intercontinental ballistic missiles based interceptors (GBI), a ground-based work of the ABM Treaty, there can be (ICBMs). The approach is to provide a cost radar (GBR), upgraded and advanced EWRs no anticipatory breach.’’ and operationally effective single-site sys- (U/AEWR), and associated BM/C3. The pro- It has also been argued that this con- tem as the first step in system deployment. posal would initially deploy about 20 Devel- ference report requires a space-based This initial system will provide defense of all opmental or User Operational Evaluation defense. The conference report does 50 states against an unsophisticated ICBM System (UOES) GBIs, an X-band NMD GBR, attack. and associated BM/C3 in the Grand Forks, call on the Department of Defense to 2. The Army PEO’s NMD approach is to North Dakota, vicinity. This system would preserve the option of deploying a lay- take advantage of the infrastructure at be supported by existing space-based sensors. ered defense in the future. But there is Grand Forks, North Dakota and deploy an A/UEWRs, and upgraded command and con- no requirement to deploy any specific December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18891 space-based system or to structure an signed to intercept tactical missiles or comes a much less safe place. Everyone acquisition program that includes strategic missiles. The United States knows that, if Russia and China think space-based weapons. The conference will decide. And if the Russians do not the United States has an ABM system report does increase funding for the happen to like our decision, that is just that can shoot down their ICBM’s, they space-based laser program. But this in- tough, and we will abrogate the treaty. will begin to deploy more ICBM’s to crease is merely to keep a technology How does the bill justify these new compensate. Instead of arms cuts, we program alive. We have asked for a re- policies? Here on this chart is what the will have a new arms race. port to illustrate what a deployment 1995 Ballistic Missile Defense Act says. I do not know of a single person in program would look like, but this is Here is the threat that is being used by the world, I do not know anybody who hardly a mandate to deploy. those who want to deploy this National really studies this and keeps up with it We can certainly debate the merits of Missile Defense System. Here is what who thinks what we are doing here is what this conference report requires. the Missile Defense Act says: in our best interest. It is not. But let’s be clear about what it actu- North Korea may deploy an interconti- The bill says that the national mis- ally contains. If Senators want to de- nental ballistic missile capable of reaching sile defense system has to be deployed bate the need for deployment of a na- Alaska or beyond within 5 years. by the year 2003. That is 8 years from tional missile defense system by 2003, Within 5 years, the bill says. now. We may lock ourselves into a that is a legitimate debate. But to Second: technology we do not even want. Do you know what the Russians have argue, as several Senators have, that Determined countries— this conference report requires deploy- already said? ‘‘We summarily reject I do not know what a determined this unilateral action you are taking.’’ ment of space-based weapons and man- country is. I guess you have deter- dates a violation of the ABM Treaty is We summarily reject it, and if you do mined countries and undetermined it, Russia will have no choice but to simply an act of disinformation. Sen- countries. ators are entitled to their views, but stop implementing the nuclear weap- Determined countries can acquire inter- ons cuts specified in the START Trea- they owe the American people an hon- continental ballistic missiles in the near fu- ty. est statement that distinguishes be- ture and with little warning by means other I do not have much time, so let me go tween fact and fiction. than indigenous production. on to a couple of other items. Mr. BUMPERS addressed the Chair. Senator LEVIN and I wondered where The bill repeals the prohibition on The PRESIDING OFFICER. The Sen- this information came from. So we buying more B–2 bombers than the 20 ator from Arkansas. took this language and wrote to John we have already agreed to procure. We Mr. BUMPERS. Mr. President, I ask Deutch, the Director of the CIA, and put $493 million in there for B–2 pro- unanimous consent that I be permitted said, ‘‘What does the intelligence com- curement. It is not clear whether that to proceed on the remaining time of munity have to say about this threat?’’ $493 million is to correct some of the Senator KENNEDY, 5 minutes from the Here is what he wrote back to us a flaws in the present B–2 or whether it time allocated to the minority leader, little over 2 weeks ago; this is what the is to buy long-lead items for more B– Senator DASCHLE, and 2 minutes to cor- CIA said: 2’s. respond to the 2 minutes given to Sen- The bill language overstates what we cur- If it is the latter, it is terribly mis- ator INHOFE. rently believe to be the future threat. guided. I defy anybody in this body, as Mr. THURMOND. Mr. President, we The CIA goes on to say: I did yesterday, to read the report, read have no objection. the conference report and tell me how The PRESIDING OFFICER. Without A North Korean missile potentially capa- the $493 million is to be spent. ble of reaching portions of Alaska—but not objection, it is so ordered. Even Senator NUNN, who favors the beyond—may be in development, but the Mr. BUMPERS. I thank the distin- B–2, says he cannot decipher it. guished chairman of the committee. likelihood of it being operational within 5 years is very low. What else is in the bill? Yet a new Mr. President, it is an interesting method of financing arms exports. The paradox that I have noted since I have Third, the CIA says: United States now has between 50 and been here that the things that are real- The intelligence community— 55 percent of all the arms exports in ly the most important and the most se- On whose information we are sup- the world, and the Defense Department rious to our Nation and, indeed, to the posed to be relying around here when said we are headed for 60 percent of all world are the ones that seem to draw we spend money— the arms exports. In other words, we the least attention and are least under- The intelligence community believes it ex- ship more arms in the international stood. tremely unlikely any nations with ICBM’s arms trafficking business than the rest The Anti-Ballistic Missile Treaty is will be willing to sell them, and we are also of the world combined. We have four one of those things. It was entered into confident that our warning capability is suf- methods of financing arms right now, in 1974 between Brezhnev and President ficient to provide notice many years in ad- and this bill provides yet a fifth. Yes, Nixon. The really salient language of vance of indigenous development. we are the arms merchants of the that treaty is found in article I. Here it So what is our response to the intel- world. is on this chart. As they say, the moth- ligence community? It is to spend $200 What else does it do? I can remember er tongue is English, and this is as million more for the Navy’s upper-tier back, I guess, in 1983, when some lobby- clear in English as you can get. system and $400 million more for the ist downtown did not have anything Article I: national missile defense system. So better to do, so he came here and con- Each party shall be limited at any one much for the $30 billion or so per year vinced the U.S. Congress to start bring- time to a single area out of the two provided that we spend on intelligence. What is ing old battleships out of mothballs. I in Article III of the treaty for deployment of the national missile defense system re- stood here and wailed like a banshee, antiballistic missile systems or their compo- quired to do in this bill? It is required saying this is an absolute abject, utter nents. to cover all 50 States, including Hawaii mistake. So what did we do? We did not Single means one. The ABM Treaty and Alaska. How will it do that? The bring one out; we brought four out. limits each party to one strategic anti- only way it can be done, by deploying What did it cost? About $2 billion. ballistic missile site. It was ratified in interceptors at multiple sites. What happened? After we did it, we put 1976, and it is a binding treaty between What do you do when you deploy them back in mothballs. But some the United States and the Soviet multiple sites? You say to Russia, Navy contractors got a couple of bil- Union, now Russia. ‘‘Adios, friend. If you don’t like it, lion dollars out of it. There is not any question that this we’ll pull out of the treaty,’’ which we Now the Defense Department has re- bill intends to proceed with the deploy- have a right to do. moved the four battleships from the ment of a strategic antiballistic mis- But the danger of abrogating the Naval Register. That means the Penta- sile systems at multiple sites. The bill ABM Treaty and the Russians and the gon has no more use for the ships and also says that we will decide whether a United States both having antimissile it can dispose of them. So what does missile defense system is tactical or defense systems, strategic and to a the bill do? It orders the Navy to re- strategic; that is, whether it is de- lesser extent tactical, is the world be- turn at least two of the battleships to S 18892 CONGRESSIONAL RECORD — SENATE December 19, 1995 Naval Register so they can be returned terms of practicality. But it did go into requirement to determine prior to a de- to duty someday. That does not cost the report and I did not oppose the cision to deploy whether the proposed anything, Mr. President. I am happy to overall act. I supported the overall act, system would be affordable, cost effec- report that is one thing in the bill that notwithstanding my feeling at that tive, whether the threat has developed does not cost a thin dime—that is, to time that 1996 was not realistic. as anticipated, and whether the ABM put two battleships back on the Naval There are a couple of very, very sig- Treaty considerations should affect the Register. I only hope and pray that at nificant differences between the 1991 decisions to deploy. In my view, all of some point we do not decide to start Missile Defense Act and the language those are absolutely essential pre- bringing those suckers out again. Be- in the conference report before us conditions to making an intelligent de- cause that will cost a small fortune. today. cision about whether to deploy a sys- I remember the first one they Let me begin by quoting exactly tem and when to deploy a system. brought out—I think it was the Iowa or what the 1991 Missile Defense Act says So, the conference report language, the Missouri—I forget which—and it about the NMD system: contrary to the assertion made earlier, started firing those big 16-inch guns (2) INITIAL DEPLOYMENT.—The Secretary does not have the same effect as the and found out that it totally threw all shall develop for deployment by the earliest language in the 1991 Missile Defense the new electronics on the ship off, and date allowed by the availability of appro- Act—not by a long, long shot. That act they had to go back through all the priate technology or by fiscal year 1996 a clearly calls for a ABM-compliant sys- electronics and encompass them in rub- cost-effective, operationally-effective, and tem—a system compliant with the ber so the guns did not throw every- ABM Treaty-compliant anti-ballistic missile ABM Treaty. In my view, the adminis- system at a single site as the initial step to- thing off. God forbid that those old bat- ward deployment of an anti-ballistic missile tration has rightly found the language tleships are ever put into service again. system designed to protect the United States in the conference report to be unac- The good news is that the Appropria- against limited ballistic missile threats, in- ceptable because of these consider- tions Committee has already prohib- cluding accidental or unauthorized launches ations. ited the Navy from spending any or Third World attacks. The system to be de- I repeat what I have said earlier. The money for bringing out battleships. So veloped should include— last thing we want is to take an effort while this bill would like to bring the (A) 100 ground-based interceptors . .. to mandate now certain language that battleships out again, there is no (B) Fixed, ground-based, anti-ballistic mis- the administration—and they are the sile battle management radars; and ones negotiating this with the Rus- money appropriated for it. (C) optimum utilization of space-based sen- The PRESIDING OFFICER. The time sors, including sensors capable of cueing sians—that the administration believes of the Senator has expired. ground-based anti-ballistic missile intercep- is likely to have the result of not hav- Mr. BUMPERS. I yield the floor and tors and providing initial targeting vectors, ing a ratification of START II, and per- suggest the absence of a quorum. and other sensor systems that also are not haps not even a continuation of Mr. THURMOND. Mr. President, I prohibited by the ABM Treaty, such as a START I reductions. ask that the time for the quorum call ground-based sub-orbital tracking system. We have had two Republican Presi- not be charged to either side. Mr. President, it is clear from this dents do a very good job in negotiating The PRESIDING OFFICER. Without paragraph that the NMD system speci- both START I and START II. Those objection, it is so ordered. fied in the 1991 act was to be developed treaties, if they are complied with, will The clerk will call the roll. to be fully compliant with the ABM require a two-thirds reduction in the The legislative clerk proceeded to Treaty as it then existed. A similar number of missiles aimed at the United call the roll. paragraph was included in the Senate States, including the missiles we have Mr. NUNN. Mr. President, I ask compromise language passed last Sep- always felt were more likely to be unanimous consent that the order for tember, which stated that it is the pol- launched early, perhaps by mistake, the quorum call be rescinded. icy of the United States to: perhaps by the other military leaders The PRESIDING OFFICER. Without (8) carry out the policies, programs, and re- making a mistake in terms of warning, objection, it is so ordered. quirements of (this Act) through processes because these are highly MIRV’d sys- Mr. NUNN. Mr. President, how much specified within, or consistent with, the tems with a lot of warheads and the time do I have at this point? ABM Treaty, which anticipates the need and fear would be, by the other side, that The PRESIDING OFFICER. The Sen- provides the means for amendment to the they might be knocked out on a pre- ator has 20 minutes. Treaty. emptive strike. Mr. NUNN. I ask to be notified if I This language, which was dropped in We have always worried about those exceed 10 minutes. conference, stands in sharp contrast to MIRV’d missiles. These two treaties This morning during remarks on the language in the conference report, are able, after lots of negotiations over problems that I see in the conference which merely states in a completely more than 10 or 12 years, to get rid of report, I noted that I would have a sep- different section that the programs those systems that we have always arate statement addressing the missile contained in the conference report, considered to be highly destabilizing as defense provisions in the conference re- quote, ‘‘can be accomplished’’ in ways applied in the cold war period. We fi- port. consistent with the ABM Treaty—it nally achieved that. And to take lan- I had adressed this subject at the end nowhere requires that the NMD Pro- guage in this bill and to take a real of last week. grams shall be carried out in compliant risk that the results of those two trea- After I spoke, Senator LOTT made an fashion. ties would be obviated is not only un- eloquent, but occasionally inaccurate, As a matter of fact, it implies very wise but it is totally unnecessary. statement in defense of the conference strongly just the opposite, which is the I repeat, also, what I have said ear- report. I want to briefly comment on reason so many of us oppose it. lier. The administration and those of and correct a few of the Senator’s The conference report also abandons us negotiating offered to take on the statements about missile defense, par- other safeguards found in the Senate section of national missile defense lan- ticularly regarding my role. compromise. Gone is a requirement for guage, we offered either the House ver- The Senator from Mississippi sug- a congressional review prior to a deci- sion or the Senate version, on the na- gested that, since I supported the de- sion to deploy the system to determine tional missile defense language. Why in ployment by a fixed date—1996—of a whether the proposed deployment conference you cannot solve the na- limited NMD system in the 1991 Missile would be affordable and cost effective, tional missile defense language with ei- Defense Act, I was being inconsistent whether the threat has developed as ther the House version, as passed by in opposing the deployment of an NMD anticipated, and whether ABM Treaty the House, or the Senate version, as system by 2003 in the conference re- considerations should affect the deci- passed by the Senate, when you offer port. sion to deploy. the conferees either version, is beyond I first observe that I was not a party In other words, Mr. President, all of me. It is a real puzzle. who injected the 1996 date in that act. these safeguards that we had in the Of course, what happened is that we I thought it was unrealistic but I did Senate bill are omitted from the new made the compromise on the Senate not oppose it in theory, I opposed it in conference report language. There is no floor—which Senator LEVIN, Senator December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18893

WARNER, Senator COHEN, and I worked agreed to accept this final Senate com- over 2 months. Eventually, we were out and which every Republican voted promise language. able to reach agreement on the theater for except one, and the people who were On August 11, 1995, Senators WARNER, missile defense demarcation language, opposed to it were mainly on the COHEN, LEVIN, and I each provided de- but could not reach a consensus on the Democratic side, because they felt it tailed explanations of the bipartisan national missile defense provisions. went too far. We had an unusual 4- or amendment in speeches to the Senate. The failure to reach an agreement is 5-day intensive, word-by-word exam- We also placed extensive information puzzling to me, since the administra- ination and we got, not only the agree- in the CONGRESSIONAL RECORD, includ- tion was prepared to accept either the ment in this body, with every Repub- ing the text of the bipartisan amend- House-passed or Senate-passed versions lican but one voting for it, but we got ment, a detailed comparison to pre- of the national missile defense lan- the administration signing off on it, al- vious language, and related materials. guage. beit reluctantly with some concerns. As a result, detailed explanatory infor- The Senate, as I noted earlier in my And then we went into conference and mation was available to all Senators remarks, established a requirement to we offered either the Senate-passed and the public for a thorough review ‘‘develop an affordable and operation- language or the House language—not for nearly a month before we actually ally effective national missile defense the entire language of the House on ev- voted on the amendment on September system to counter a limited, acciden- erything, but on the national missile 6. tal, or unauthorized ballistic missile defense part—and we could not satisfy The bipartisan amendment provided attack, and which is capable of attain- people because they wanted to go much extensive guidance to ensure that the ing initial operational capability [IOC] further than either the House version United States would develop a more fo- by the end of 2003.’’ The House estab- or the Senate version. To me that is cussed missile defense program than we lished a requirement to ‘‘develop for just very puzzling. had previously authorized, particularly deployment at the earliest practical It is sad to see a bill jeopardized, in in the area of national missile defense. date an affordable, operationally effec- terms of becoming law, because of that. The bipartisan amendment stated tive national missile defense [NMD] Mr. President, I will now address the that it— system designed to protect the United States against limited ballistic missile negotiations as I saw them, from my . . . is the policy of the United States to point of view, and the possibilities that . . . develop for deployment a multiple-site attacks.’’ still exist in putting this bill together national missile defense system that: (i) is Either version of this language—ap- if it is vetoed, and if the veto is not affordable and operationally effective proved overwhelmingly by each overridden. against limited, accidental, and unauthor- House—would have been acceptable to ized ballistic missile attacks on the territory the administration, but neither was ap- BALLISTIC MISSILE DEFENSE of the United States, and (ii) can be aug- proved in conference. The main stum- The administration strongly objects mented over time as the threat changes to to the ballistic missile defense lan- bling block was the insistence of some provide a layered defense against limited, ac- of the conferees that Congress go be- guage adopted by the conferees, and I cidental, or unauthorized ballistic missile yond language approved by either the agree with the administration’s assess- threats. Senate or the House and mandate a ment. Mr. President, the Congress has The bipartisan amendment required specific requirement to deploy a na- been dealing with difficult issues relat- the Secretary of Defense to ‘‘develop tional missile defense system by 2003. ed to BMD since the star wars debates an affordable and operationally effec- This problem was compounded by an of the early 1980’s. I have been part of tive national missile defense system to insistence that the conferees use a new putting together bipartisan agreements counter a limited, accidental, or unau- baseline draft proposal in conference, on BMD for over a decade, many years thorized ballistic missile attack, and rather than work off the carefully facing much more difficult challenges which is capable of attaining initial crafted bipartisan Senate language. As than this year. That is why I am puz- operational capability [IOC] by the end a result, the conference report lacks zled that the Republican majorities— of 2003.’’ many of the carefully drafted provi- with two bipartisan paths open to ap- The bipartisan amendment also set sions of Senate-passed bill. proval by the President—chose a third forth the understanding of the Senate During attempts to forge a con- path to certain opposition. as to the demarcation between theater ference agreement acceptable to the As Members will recall, the issue of and ballistic missile defense systems, administration, I emphasized that we ballistic missile defense was one of the and established a prohibition against could use national missile defense lan- primary subjects of debate and dif- use of funds— guage that had received overwhelming ficulty when the Senate considered the . . . to implement an agreement with any Republican support this year. I believe National Defense Authorization bill of the independent states of the former So- that it is still possible to do so if this during the summer. There was strong viet Union entered into after January 1, 1995 bill is not enacted. There are two pri- opposition on the floor to the BMD pro- that would establish a demarcation between mary options, each of which would use vision reported by the committee. Dur- theater missile defense systems and anti-bal- language approved by an overwhelming ing the debate, the bipartisan leader- listic missile systems for purposes of the majority in the Senate or the House. ship designated a group of Senators to ABM Treaty or that would restrict the per- The first option would simply use the address this subject. Senator DOLE des- formance, operation, or deployment of Unit- ed States theater missile defense systems ex- bipartisan national missile defense and ignated Senators WARNER and COHEN to cept: (1) to the extent provided in an Act en- theater missile defense provisions represent the Republicans. Senator acted subsequent to this Act; (2) to imple- which were approved by the Senate on DASCHLE designated Senator LEVIN and ment that portion of any such agreement September 6, 1995 by a vote of 85 to 13, myself to represent the Democrats. that implements the criteria in subsection with only one Republican Senator vot- Mr. President, we dealt with that (b)(1); or (3) to implement any such agree- ing against that amendment. issue in the old-fashioned way, with ment that is entered into pursuant to the The second option would substitute Senators closely examining each word treaty making power of the President under the House-passed national missile de- of the proposed amendment. Senators the Constitution. fense language for the national missile WARNER, COHEN, LEVIN, and I worked The amendment was approved over- defense portion of the bipartisan Sen- and reworked the amendment, line-by- whelmingly by a vote of 85-13, with ate-passed bill, using the Senate-passed line, to address the issues raised by the only one Republican voting against the bill for the remainder of the missile de- administration and our respective amendment. Without this bipartisan fense language. Either of these provi- party caucuses. agreement and approval, it is doubtful sions would provide the basis for re- It was clear to all concerned that the the Senate would have passed the au- newed focus in our National Missile De- administration had serious reserva- thorization bill. fense Program and an even stronger ef- tions even bout the bipartisan amend- Although the conference on this bill fort on theater missile defenses. ment we developed in the Senate. After was convened on September 7, there Mr. President, if the national missile expressing their concerns and examin- were no Member-level bipartisan defense language in the Senate bill was ing every word and every phrase care- House-Senate discussions on this sub- strong enough to win virtually unani- fully, the administration reluctantly ject by members of the conference for mous Republican support, it should S 18894 CONGRESSIONAL RECORD — SENATE December 19, 1995 have provided an adequate basis for our tect against accidental, unauthorized, Several countries are seeking longer range conference report. or limited third-world attacks. Since missiles to meet regional security goals; If the national missile defense lan- the late 1980’s I have advocated devel- however, most of these missiles cannot reach as far as 1,000 kilometers. A North Korean guage in the House bill was strong opment of a National missile defense missile potentially capable of reaching por- enough to win overwhelming Repub- system in the form of an accidental tions of Alaska—but not beyond—may be in lican support in the House, it should launch protection system [ALPs]. development, but the likelihood of it being have provided an adequate basis for a Mr. President, it is important to un- operational within five years is very low. conference agreement. derstand the historical context for this The Intelligence Community believes it ex- Either of these approaches could concept. National missile defense pro- tremely unlikely that any nation with posals began with President Reagan’s ICBMs will be willing to sell them, and we have represent a solid step forward on are also confident that our warning capabil- the important subject of national mis- star wars proposal in 1983, designed to ity is sufficient to provide notice many years sile defense. The alternative ulti- render ballistic missiles ‘‘impotent and in advance of indigenous development. mately chosen by the conferees was to obsolete.’’ This was followed in the That information was provided in a use language that was in neither bill mid-1980s by a slightly more modest December 1, 1995 letter on behalf of CIA mandated a specific requirement to de- proposal, called the ‘‘Phase-I’’ system, Director Deutch by Joanne Lsham, CIA ploy a national missile defense system with the objective of defeating a full Director of Congressional Affairs. The by 2003. That language is unacceptable Soviet counterforce first-strike. This, missile defense language in the con- to the administration, and is a major in turn, was followed in the early 1990s ference report is misguided. There is no element of the administration’s an- by G–PALS, or Global Protection need for: First, strident language or nounced intention that this bill will be Against Limited Strikes, which also second, ironclad commitments today to vetoed. turned out to be too ambitious. deploy by a date certain an NMD sys- The administration is very concerned This progression was what led to the tem that is clearly an anticipatory that the national missile defense lan- Missile Defense Act of 1991, which envi- breach of the ABM Treaty. Enactment guage in the conference report goes sioned simply getting on with the de- of this language is likely to prevent well beyond the mandates of both the velopment of a treaty-compliant NMD the START II Treaty from entering House-passed and Senate-passed bills. system. And, when I say ‘‘treaty-com- into force, which would compound the The administration has expressed se- pliant,’’ that means with the treaty as problem of developing affordable and rious concerns about the impact of the it currently exists, not as it might cost-effective defenses. Without the conference report language on Russian someday be modified. START II reductions, missile defenses consideration of the START II Treaty, In my judgment, even if the ultimate capable of dealing with potential acci- which is designed to produce a second answer to our requirements is a system dental or unauthorized launches would major reduction in United States and requiring amendment to the ABM likely have to be much more extensive. Russian nuclear weapons. The adminis- Treaty—such as a multiple-site NMD If the 5,000 or so warheads to be retired tration is also concerned that the lan- system with more than 100 interceptor under START II remain in Russian in- guage could lead the Russians to aban- missiles—there is no need to insist on a ventories, this will greatly complicate don other arms control agreements if commitment to that today. Common our missile defense problem. Because of they conclude that it is United States sense tells us that even if a multi-site the magnitude of the threat, star wars policy to take unilateral action to system is the end-objective, we will and its successors were deemed too abandon the ABM Treaty. Russian begin by deploying a small number of costly and of too limited effectiveness spokesmen have made plain that Rus- interceptors at a single site. At this to be worth pursuing. sia has neither the technology nor the stage, we do not know what the per- In my judgment, we should be defense resources to allow them to formance or cost of the various NMD pursing first things first. First, the de- match United States missile defense ef- system components under development velopment of all the components of an NMD system, and a limited deployment forts. Therefore, they state that their will be, or whether such a system of a strictly treaty-compliant system, only available reaction to a large-scale would be ‘‘affordable and cost-effec- so as to learn more about the cost and U.S. national missile defense program tive.’’ effectiveness of NMD systems. Then, would be to retain additional strategic Also, Mr. President, the strategic en- depending on cost and effectiveness, missiles and nuclear warheads, which vironment is different today than it was in 1991. When the Missile Defense depending on the evolution of the would require them to forego START II threat and the course of negotiations and perhaps even abrogate START I Act of 1991 was passed, we faced thou- sands of Soviet missiles and more than to amend the ABM Treaty, we can limitations. This is what is at risk. make further decisions on further de- These are not small stakes. 10,000 warheads, all aimed on hair-trig- ger alert at the United States or its ployments. But, let us not jeopardize In a letter to Senator DASCHLE, dated the advantages of the START II Treaty December 15, Secretary of Defense Bill military forces. The consequences of even a small accidental launch would by a headlog rush to deploy something. Perry stated: Mr. President, there are four fun- have been enormous, because of the [B]y directing that the NMD [National damental aspects to an effective pro- likelihood of escalation. Today, Missile Defense] be ‘‘operationally effective’’ tection against nuclear weapons. The in defending all 50 states including Hawaii START I has cut the inventory of first is to reduce nuclear warheads by and Alaska, the bill would likely require a weapons, and START II will cut levels two-thirds as envisioned by START I multiple-site NMD architecture that cannot further, once it enters into force. More- and START II, thereby substantially be accommodated within the terms of the over, the Soviet Union is gone, re- ABM Treaty as now written. By setting U.S. decreasing the weapons that could be placed by a less hostile Russia; United used against us deliberately or acciden- policy on a collision course with the ABM States and Russian missiles are now Treaty, the bill puts at risk continued imple- tally. mentation of the START I Treaty and Rus- targeted on broad ocean areas, rather The second is to vigorously pursue sian ratification of START II, two treaties than on each others’ territory. The pol- the Nunn-Lugar program for dis- which together will reduce the number of icy of targeting broad ocean areas has mantlement of nuclear weapons in the U.S. and Russian strategic warheads by two- reduced but not eliminated the con- states of the former Soviet Union. thirds from cold war levels, significantly sequences of an accidental launch. The third is to develop and deploy ef- lowering the threat to U.S. national secu- Finally, there is a future threat of fective theater missile defenses. A rity. missile attack on the United States by strong majority in the Senate and the In my judgment, the administra- some rogue Third World power. This Congress fully support the development tion’s concerns are well-placed. More- was recognized as a possible threat in and deployment of highly effective the- over, this struggle over language is, in the 1991 act, and in the Senate com- ater missile defenses. my judgment, completely unnecessary. promise. However, no such threat has The fourth is to develop for deploy- I believe we can achieve both START II yet materialized, and the latest from ment an affordable and cost-effective ratification and progress toward the the intelligence community on the national missile defense program to ad- deployment of a highly-effective na- likelihood of such an event reads as fol- dress the potential for accidental, un- tional missile defense system to pro- lows: authorized, or limited strikes. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18895 No one of these programs, by itself, is believe that he will oppose it. One area United States can be drawn militarily sufficient. Each one can have a signifi- that I have worked very hard in over very quickly into these conflicts. cant impact on the other. The national the years, Mr. Speaker, is working to In addition, the Communist resur- missile defense program, in particular, have a strong National Guard and Re- gence in the recent elections in Russia could have either a positive or negative serve.’’ should give rise for great concern. Rus- impact on the pace and likelihood of And unquestionably he has done that, sia remains the only country with the START I and START II reductions. and indeed our distinguished chairman capability to inflict considerable dam- Moreover, even in combination, these likewise has been a pillar of strength age on the United States of America. programs are not a guarantee against for the Guard and Reserve through Hopefully, we will not witness a return threats by other means, such as these many years. to past policies with Russia. But we conventional delivery by a terrorist Continuing, ‘‘We now have the total must be vigilant and maintain our de- through a smaller aircraft or vessel. force. We are using the Reserves for the fense capabilities in these times of un- That threat will require additional first time, and it is paying off.’’ certainty. counterproliferation and An example of that, of course, Mr. In earlier remarks today, Mr. Presi- counterterrorist efforts. President, being the number of flights dent, I singled out the very significant In summary, Mr. President, it is im- going into Sarajevo formerly, and now amount of money that Russia is invest- portant to pursue the development of a Tuzla and elsewhere. It will be inter- ing in its submarine program and other national missile defense system, but we esting to note how many of those strategic systems beneath the sea. must do so in a manner that preserves flights are being flown by Reserve That should bring to the attention of and encourages the important reduc- units from all over the United States. all Senators the need to keep the tions we can achieve through START I, Mr. MONTGOMERY continued, ‘‘As we strongest research and development ca- START II, and Nunn-Lugar. Because move into Bosnia, the Guard and Re- pability of this country addressing that the language in the conference agree- serve will be totally used. In this bill, area, and this conference report does ment is likely to severely undermine we have a lot of things that will help just that, Mr. President. Further, as chairman of the Sub- these efforts in Russia, I cannot sup- the National Guard and Reserve and committee or AirLand Forces, I have port the conference agreement in its the different States around the country oversight over the research and devel- current form. will benefit by this bill. I certainly opment, R&D and procurement pro- Mr. President, I reserve the remain- hope that this conference report will be grams for the Army, the Air Force, and der of my time. adopted. In the area that I have worked The PRESIDING OFFICER. Who over the years, serving 27 years on the the tactical fighter aircraft for both yields time? Armed Services Committee and Com- the Navy and the Air Force. I thank at this moment, Col. Les Mr. THURMOND. Mr. President, I mittee of National Security, the Guard Brownlee, my professional staff mem- now yield to the able Senator from Vir- and Reserve have the best package ber who has been with me for 12 years ginia, Senator WARNER. Senator WAR- they have had in 10 years.’’ working on various areas of the na- NER has been on the Armed Services That is the package, Mr. President, tional security aspects of our commit- Committee a long time. He is a very ef- in this report. tee, and I want to pay special recogni- fective, able member. We are very Mr. President, I would like to also tion also to Mrs. Judy Ansley who is pleased to have him here to speak for take an opportunity here to thank the also on my staff and works in this area. this bill. members of the Senate Budget Com- The modernization accounts, R&D The PRESIDING OFFICER. The Sen- mittee for negotiating a budget resolu- and procurement, have clearly been un- ator from Virginia. tion under the leadership of Senator derfunded by the Clinton administra- Mr. WARNER. Mr. President, I thank DOMENICI, and, indeed, Senator EXON tion. The procurement accounts to pro- my distinguished chairman. It has been also—a resolution which provided for vide for the future readiness of our a real pleasure to have worked with increases to Defense budgets in fiscal military forces have been reduced by 44 him all these many, many years that I year 1996, and in future years as well. percent since fiscal year 1992, the last have been in the U.S. Senate. I can re- Notice that there are those who ask defense budget from the Bush adminis- member when I appeared before his why, as we strive to reduce the deficit tration. committee, at that time for confirma- and move toward the balanced budget, In my subcommittee we address some tion as Under Secretary, and then, we should increase the level of defense of these deficiencies. In 1986 we bought again, as Secretary of the Navy, that spending, especially when we are mak- over 400 tactical fighter aircraft for the he, frankly, Mr. President, coached me ing reductions in almost every other Navy and the Air Force. I will repeat through that procedure—he and that area of the budget. Too often those who that—400. In the fiscal year 1996 de- fine Senator from Virginia known as clamor for further Defense cuts fail—I fense budget the Clinton administra- Harry Byrd. I remember those days think it is important, and I do this on tion requested funds to buy a total of very well and always am appreciative. each bill—to note that Defense has al- only 12—400 compared to 12 such air- I am always appreciative too, to ready paid more than its fair share, craft. We more than double that num- serve with my former chairman, the that in fact Defense has already been ber with the additional funding pro- distinguished Senator from Georgia. cut in my judgment, very deeply. Fis- vided by the Budget Committee here in Leadership was his hallmark on the cal year 1996 represents the 11th con- the Senate. committee through those many years, secutive year, Mr. President, of declin- In the Army’s truck program—that is and I was pleased to serve with him as ing Defense budgets, the longest con- always considered the last item in ranking member for some several years tinuous decline since World War II. these programs. As our distinguished and to work with him on many pieces DOD spending, as a share of the Fed- chairman, a former Army man knows, of legislation. eral budget, has declined 42 percent— the Army may travel on its stomach Mr. President, earlier today I made which it was in 1968—to 18 percent in but it cannot move without its trucks. reference to the portion of our bill 1994, and continues that decline. In the Army truck program, the fund- which deals with the equipment added As a percentage of gross domestic ing has ranged over the past 10 years for the National Guard and Reserve product, defense spending has declined from a high of $917 million per year to components. I would like to include in to its lowest level since 1940, the year a low of $419 million, with an average the record a statement from the De- before America ended the war. of $720 million per year over the last 10- cember 15th Congressional RECORD in We should not lose sight of the fact year period. The administration’s which Congressman MONTGOMERY, a that the end of the cold war did not budget request for the Army’s truck senior Democratic Member of the usher in a new era of peace and stabil- programs for the fiscal year 1996 was House of Representatives, said the fol- ity in the world. only $128 million. That is compared, lowing: ‘‘I have great respect for the According to the Defense Intelligence Mr. President, I repeat to the average gentleman from California—speaking Agency, there are currently 60 areas of of $720 million. We recommended an in- of Mr. DELLUMS—my ranking member, conflict throughout the world, and as crease of over $300 million to help alle- but I strongly support this bill, and I we are seeing today in Bosnia, the viate this deficiency. The committee S 18896 CONGRESSIONAL RECORD — SENATE December 19, 1995 accepted it and it is included in this sional increase for defense to the pro- of the bill in the Armed Services Com- conference report. curement accounts, we did so without mittee—restrictions on abortion and Clearly, without the additional funds initiating significant numbers of new additional B–2 funding to name just provided by the Congress, the adminis- programs to avoid creating ‘‘bow- two. There is also a provision on how tration’s shortcoming in the Defense waves’’ of funding that the military the military must treat HIV positive spending would mortgage the future of services could not afford in the out soldiers which I believe is wrong-head- our military capabilities. This admin- years. Instead, we recommend in- ed and discriminatory. I regret that in istration has made readiness the key- creases for weapons and items of equip- order to complete this conference the stone of the Defense program, and in ment currently in production and the majority felt it necessary to accept fact has funded readiness at the ex- use of multiyear procurement con- these sorts of provisions. My vote pense of modernizing our military. Not tracts, where savings might be today for passage of this conference re- only have the procurement and R&D achieved. Buying more weapons and port does not alter my determination accounts deteriorated but because the equipment currently in production at to see that these provisions are overall Defense budget is so severely more efficient rates lowers overall changed before they can have the ad- underfunded, readiness has suffered as costs to the Government. It also avoids verse impact on our military men and well, despite its high priority. overlapping procurement sequencing women which I fear is likely. As I In the State of the Union Address in and reduces competition for procure- weighed the bad against the good in 1994, President Clinton implored the ment resources in the future. this conference report, I have con- Congress not to cut defense further. Mr. President, this conference agree- cluded that the good is essential for That defense had been cut enough. ment authorizes a much-needed $7.1 our servicemen and women and their That was just in 1994. Then this year, billion increase in the defense budget families as they serve our country in in his budget request for fiscal year over the amount requested by Presi- Bosnia or wherever they are serving 1996, the President recommended $5.7 dent Clinton. This additional funding around the world. billion less than he recommended in was used to improve the quality of life Mr. President, one of the many rea- the previous year. In real terms, this is of our troops and their families, to re- sons I sought to serve on the Armed over $13 billion less than last year. Mr. vitalize the readiness of our Armed Services Committee is that it operated President, that sounds like a cut to Forces, to fund a robust modernization on a bipartisan basis for the good of me. program and to accelerate the develop- our national security and our men and Mr. President, funds which the Budg- ment and deployment of missile de- women in uniform. The fact that Sen- et Committees of this Congress have fense systems. ator NUNN, the former chairman, dur- proposed to add over the next 7 years While the ultimate fate of this con- ing his time on the committee has are in fact quite modest, and may not ference agreement may be in doubt, I voted for more than 20 authorization be enough. By any measure, this is not urge my colleagues to support this leg- another Reagan buildup. bills regardless of who was in the ma- I would like to dispell a notion which islation which contains many provi- jority is an indicator of this bipartisan has appeared recently in various arti- sions which are of vital importance to spirit. The fact that Senator NUNN did cles in the Washington press and is re- the men and women of the Armed not vote for this report is an indicator peated frequently on the Senate floor— Forces. At the very time that we are that this spirit was eroded this year. I that the uniformed leaders of our mili- deploying troops to Bosnia, all Mem- greatly regret that. This erosion oc- tary services do not want the weapons bers of Congress should support this curred, I believe, in spite of the hard and equipment bought with the funds conference agreement which goes a work and best efforts of the distin- added by the Congress. Our military long way toward improving the quality guished current chairman, Senator chiefs testified before our committee of life of our service personnel and THURMOND. I hope that we can take a regarding the lack of funding were ex- their families. All members who spoke hard look at ourselves and that we will periencing—specifically for moderniza- so eloquently during the Bosnia debate be able to make whatever changes tion. Of course they want the equip- about supporting our troops now have a might help us return to where this ment, and our military services des- real opportunity to show that support great committee used to be. perately need it. It is difficult for our by voting to support this conference Mr. PELL. Mr. President, I intend to military to ask for resources that are agreement. vote against the defense authorization not in the President’s budget request, Mr. President, I yield the floor. conference report today with some re- because they are bound to support the The PRESIDING OFFICER. Who gret. I did not care for the bill as it left President’s budget. But, there is plenty yields time? the Senate, and I voted against it then. of evidence that these additional funds Mr. THURMOND addressed the Chair. Now the conferees have contended at were very much needed by our military The PRESIDING OFFICER. The Sen- length and come back with I believe a services and very much appreciated. ator from South Carolina. more objectionable bill. The Armed Services Committee has Mr. THURMOND. Mr. President, I I know that a number of the Senate used these funds wisely, in my view, to wish to thank the able Senator from minority conferees tried to return with increase the capabilities of our mili- Virginia for his able remarks he made a workable bill devoid of excesses, but, tary forces now and in the future. The on this bill. He is chairman of the unfortunately, they did not prevail. committee has given priority to in- Rules Committee but he is a prominent I am particularly concerned by the creasing the modernization accounts in member of the Armed Services Com- provisions setting the stage for a na- order to buy the weapons and equip- mittee and has rendered great service tional missile defense. This legislation ment needed to fight and win deci- to his country. We all appreciate that requires that the United States build sively with minimal risk to personnel. very much. an ‘‘operationally effective’’ defense of The committee utilized the following Mr. WARNER. Mr. President, I thank all 50 States by the year 2003. precepts in allocating congressional in- the distinguished chairman, and I Such a new system almost certainly creases to the defense budget: buy ba- thank the distinguished ranking mem- would require deployments of ballistic sics; invest to achieve savings; and in- ber. missile defenses at multiple sites, since vest in the future. Mr. LIEBERMAN. Mr. President, a such a defense would likely be well be- Because the procurement of basic few moments ago I cast my vote in yond any capabilities we could put into weapons and items of equipment has favor of the Defense authorization con- our presently mothballed single ABM been neglected during the decline in ference report for fiscal year 1996. I did site at Grand Forks, ND. The cost defense spending, the conference report so with very mixed feelings. There are could quickly mount into the tens of includes increases in such basic items many provisions in the conference re- billions of dollars over the next 7 years. as new ships, trucks, small arms and port which I worked hard to attain and An immediate problem with all of upgrades to weapon systems and items I am delighted they are in this report. this is that it could send a message to of equipment already in the inventory. But there are other provisions that I the Russians that we do not intend to While the conference report adds a have opposed for several years and, in live up to the ABM Treaty. This could significant amount of the congres- fact, voted against during the markup well undermine any prospects we might December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18897 have that they, in turn, will ratify and agreement between the State of Idaho, During their administrations there were 456 abide by the terms of the START II the U.S. Navy, and the Department of Navy spent nuclear fuel shipments, 532 com- Treaty. That treaty has just been ap- Energy. Shipments of spent nuclear mercial spent nuclear fuel shipments, about proved by the Committee on Foreign fuel began accumulating at the Idaho 500 U.S. Department of Energy/federal gov- ernment shipments and 1,675 transuranic Relations in an 18 to 0 vote and is National Engineering Laboratory shipments from Rocky Flats, Colorado. The awaiting Senate action. [INEL] when I was a child growing up total number of shipments that came into Heretofore, both we and the Russians in Midvale, ID, in 1949 and continue to Idaho during the Andrus and Evans adminis- have been comfortable with mutually this day. However, until Governor Batt trations: approximately 3,163. agreed steps to curb and reduce nuclear signed an agreement in 1995, there was 1970, Senator Frank Church received a let- armaments secure in the knowledge no provision to remove this material ter from the head of the U.S. Atomic Energy that the ABM Treaty ensured that our from Idaho. I am proud to have worked Commission (forerunner of the current U.S. deterrent worked and would work at Department of Energy). The letter says that with him to help to craft the agree- transuranic nuclear waste would begin to be lower levels. It would be very much ment that assures liquid wastes will be removed from Idaho ‘‘within the decade.’’ against our interests if the train of re- put into dry form to protect the Snake 1973, Governor Cecil Andrus has said that ductions were to stop now. A renewed River aquifer and approximately 10,800 he received assurances that the nuclear strategic arms buildup might even be shipments of spent nuclear fuel and wastes in Idaho would be removed ‘‘within 10 in prospect. transuranic wastes will begin to be years.’’ If all of that happened, the new Na- shipped from Idaho in 1999 and be com- 1974, the National Reactor Testing Station is renamed the Idaho National Engineering tional Missile Defense System would be pletely removed by 2035. woefully outmatched, since it would be Laboratory (INEL) to reflect its changing Mr. President, Idaho has had a long mission. designed to deal with accidental history with the nuclear Navy and nu- 1975, the Energy Research and Develop- launches and new and emerging threats clear reactor research. We are proud of ment Administration (forerunner of the cur- and not with a major continued Rus- that involvement with our Nation’s de- rent U.S. Department of Energy) chooses a sian threat. One might ask why we fense. We are just as proud that Idaho, site in New Mexico for the disposal of trans- need new defenses against accidental for the first time, has an agreement uranic wastes. launches when we did not need them and timeline for the removal of spent 1979, the Waste Isolation Pilot Project (later renamed the Waste Isolation Pilot before. fuel from our State. I am glad to have Mr. President, we should pause to Plant—WIPP) in New Mexico is authorized played a role in moving this agree- by Congress. think of these new threats. First, it is ment. In 1982, Congress passes the Nuclear Waste important to understand that there is I ask unanimous-consent that a time Policy Act. Spent nuclear fuel is to be no official intelligence analysis to indi- line that indicates the history of the shipped to two repositories—one in the east- cate that we are likely to have any new Navy and DOE’s involvement at the ern U.S. and the other in west—and to an in- missile threat over the next decade or Idaho National Engineering Labora- terim facility for Monitored Retrievable Storage—by 1998. so. Any nation thinking of moving in tory be printed in the RECORD. that direction would have a very hard 1987, Congress realizes that site character- There being no objection, the mate- ization costs have escalated from $100 mil- time finding a supplier or suppliers. It rial was ordered to be printed in the lion per site to $2 billion per site. The law is is extremely difficult to develop mis- RECORD, as follows: amended and Yucca Mountain Nevada is des- siles indigenously, and any nation IDAHO’S NUCLEAR WASTE TIMELINE ignated by Congress as the only spent nu- doing so would certainly be caught at W.W.II, the area that is now the Idaho Na- clear fuel site to be considered for character- it. tional Engineering Laboratory is used by the ization. We should ask ourselves how we Navy to test ship gun barrels and by the 1987, the office of Nuclear Waste Nego- would react if some nation were trying Army Corps to train bombardier crews. tiator is established by Congress. Former to get a small fleet of missiles to at- 1949, the ‘‘National Testing Station’’ is es- Idaho Attorney General Dave Leroy (Repub- tablished in Idaho—the forerunner of today’s lican) is named as the first administrator. He tack us with. We and others could is charged with finding a state, county, res- apply serious political and economic Idaho National Engineering Laboratory. 1950, the Navy begins work on their first ervation or U.S. territory that will accept a pressures to make that nation cease nuclear reactor in Idaho—the Submarine Monitored Retrievable Storage facility for and desist. If we and others had to act Thermal Reactor prototype (S1W prototype). spent nuclear fuel. militarily to end the threat, we could. 1951, a reactor at the National Reactor 1988, WIPP does not open as scheduled. That fact alone would add strength to Testing Station (now INEL) called ‘‘Experi- Governor Andrus begins legal battles to stop our diplomatic efforts. mental Breeder Reactor-1’’ (EBR–1) becomes shipments into Idaho. The least reasonable response would the first nuclear reactor in the world to 1993, Governor Andrus reaches an agree- ment with the federal government that al- be to spend billions of dollars deploy- produce electricity. 1952, the first shipment of spent nuclear lows in 19 shipments of Navy spent nuclear ing a last-ditch, Fortress America bal- fuel arrives from Hanford, Washington. fuel, with as many as 45 more to come if listic missile defense that would, at 1954, the first shipment of transuranic deemed necessary for national security. The best, make little or no contribution to wastes (items like gloves, tools and pipes Andrus agreement requires the federal gov- our national defenses and would, at contaminated with plutonium) arrives from ernment to do an EIS, but places no limit on worst, start a process under which stra- Colorado. the number of shipments into Idaho once the tegic stability and the very fruitful 1955, the first nuclear powered U.S. Naval document is completed. The agreement re- process of arms control could be dealt vessel, the U.S.S. Nautilus submarine is quires that some liquid radioactive wastes be launched. dried up in a process called ‘‘calcination.’’ a terrible blow. 1957, the first shipment of spent Navy fuel Some spent nuclear fuel will be moved from SHIPMENTS OF SPENT NUCLEAR FUEL APPEAR comes to Idaho. one wet storage facility to another—newer— Mr. CRAIG. Mr. President, I would From 1949 to 1995, there have been 627 Navy on-site wet storage facility. The agreement like to commend the Senate for includ- spent nuclear fuel shipments and approxi- does not require any nuclear waste to leave ing language in the Defense authoriza- mately 1,032 Department of Energy ship- the state. tion bill that recognizes the need to ments. In addition, there have been approxi- January, 1995, Governor Batt takes office. implement the terms, conditions, right mately 3,225 shipments of transuranic mate- As he is sworn in there are already 261 met- rials. All told, about 4,884 shipments have ric tons of spent fuel in Idaho, along with ap- and obligations contained in the re- come to Idaho. Additional waste material is proximately 2 million gallons of liquid radio- cently signed agreement between the also generated at INEL. active wastes and over 120,000 cubic meters Navy, Department of Energy, and the From 1957 to 1970—Republicans Robert of transuranic wastes in Idaho. State of Idaho and the consent order of Smylie and Don Samuelson were Governors That same month, the U.S. Navy notifies the U.S. District Court for the District of Idaho. During their administrations, there Governor Batt that in accordance with the of Idaho that effectuates the settle- were 140 Navy spent nuclear fuel shipments, Andrus agreement, they need to make 8 ment agreement. I am also pleased that 50 foreign fuel shipments and about 1,550 more shipments of spent fuel. Governor Batt honors the legally binding commitment it is the Senate’s sense to appropriate transuranic waste shipments. The total num- ber of shipments that came into Idaho dur- Andrus made. Batt also learns for the first funds called for by the President to ing the Smylie and Samuelson administra- time that under the Andrus agreement, carry out the agreement. tions: approximately 1,740. Idaho is likely to receive thousands of ship- It has been a pleasure to work with From 1970 to 1994—Democrats Cecil Andrus ments of nuclear waste with no requirement Governor Batt as he crafted a historic and John Evans were Governors of Idaho. that the material ever leave the state. S 18898 CONGRESSIONAL RECORD — SENATE December 19, 1995

Feb. 1995, after finding no location in the They salute and do the best they can. the chairman, Senator THURMOND, and United States willing to accept a Monitored Well, I for one do not believe that those the members of the Armed Services Retrivable Storage facility for spent nuclear who put their lives on the line must be Committee for their efforts to hammer fuel, the Office of Nuclear Waste Negotiator forced to just make do. out this conference agreement. There is abolished. Former Idaho Congressman Richard Stallings (Democrat) is the pro- We in the Senate, have done much to were over 1,000 items in disagreement, gram’s second and last administrator. insure that or marines, soldiers, sail- which presented the conferees with a In March, Governor Batt establishes points ors, and airmen will be provided the daunting task. Despite the obstacles, to guide the state on the nuclear issue: best equipment and in quantities which Senator THURMOND and our colleagues 1. We will oppose the shipment of nuclear will provide them more than merely on the committee have crafted a strong waste material to Idaho until we receive an adequate protection. I fully agree with bill. absolute assurance that the material will ul- the senior Senator from Hawaii and timately be moved outside our state. It is important that everyone under- 2. We will insist on a proper clean-up of ex- take the liberty of paraphrasing him stands the issue before us. This bill is isting storage problems. when I say, ‘‘I never want our troops to a serious effort to ensure that the men 3. We will seek attractive projects that will be in a fair fight. They should always and women of our Armed Forces re- create new employment opportunities at be overwhelmingly superior.’’ main the best-trained and best- INEL. I have reservations about some of the equipped force in the world. This con- In May, Governor Batt starts legal action provisions in this bill, and I wish it ference agreement contains a number to stop the shipments. more closely reflected the Fiscal Year June 1, Secretary of Energy Hazel O’Leary of provisions which enhance the qual- announces the Record of Decision on the 1996 appropriations bill, but I will sup- ity of life of our soldiers, sailors, and EIS. It targets 1,940 shipments (165 metric port it, for it is in the right direction. airmen. It ensures force readiness. And, tons) of spent nuclear fuel and 690 to 2,300 One other concern I have with this to protect the readiness of tomorrow’s shipments (6,000–20,000 cubic meters) of bill is a section that was not fully con- forces, it begins to restore the procure- transuranic waste to be shipped to Idaho sidered by the Senate which makes sig- ment and research and development ac- with no requirement that it ever leave. nificant changes in the way the Fed- October 17, 1995. Governor Batt announces counts that have suffered from years of eral Government procures goods and cuts. he has reached an historic agreement to get services. I had the opportunity to work nuclear waste out of the state. U.S. District Let me add, that with the ongoing Judge Edward Lodge Incorporates the settle- with my colleagues on conference com- deployment of U.S. forces to Bosnia, ment into a federal court order. Idaho be- mittee, and this new section on Federal this bill takes on increased impor- comes the only state in the nation with a acquisition reform has been modified tance. The men and women who have court order that requires the federal govern- and improved in many areas. In spite of been ordered to Bosnia are brave Amer- ment to remove nearly all nuclear wastes changes, I am concerned about the im- icans who have volunteered to serve from a specific state. Under the new legally pact these new provisions will have on binding agreement, all liquid radioactive their country. They are answering small businesses seeking to do business their Nation’s call. The least we can do wastes will now be dried up and all spent fuel with Federal agencies. removed from water storage into dry stor- for them is to support the initiatives in I am pleased the Senate prevailed in age, enhancing the protection of the aquifer. this bill that will directly impact them its consideration of the House provi- Shipments of spent fuel into Idaho are re- as they embark on this mission. sion to amend the Competition in Con- duced by 42 percent. Transuranic waste will There are a number of significant only be allowed in if it is treated and re- tracting Act requirement for ‘‘full and provisions in the bill which will im- moved from Idaho within six months. The open competition.’’ This section was Navy and DOE are limited to, on average, 20 limited, at my urging, to a revision of prove the quality of life of the mem- shipments each per year into Idaho providing the FAR to insure that competition is bers of our Armed Forces. The legisla- the state leverage to ensure cleanup takes consistent with a need ‘‘to efficiently tion authorizes a 2.4-percent pay raise place. Total value of the agreement is esti- fulfill the Government’s require- and a 5.2-percent increase in allowance mated at nearly $800 million over the next for quarters. In addition, it authorizes ten years. Approximately 10,800 shipments of ments.’’ The change in CICA was dropped. an Income Insurance Program for in- spent nuclear fuel and transuranic wastes voluntarily mobilized reservists and es- are now required by a federal court order to In addition, I supported a delay in leave Idaho. First shipments out of Idaho the Cooperative Purchasing Program tablishes a reserve component dental will begin no later than 1999. The last ship- that was included in the Federal Acqui- insurance program. These provisions ments will leave Idaho by 2035. sition Streamlining Act [FASA] which will enhance the readiness of our Re- Mr. BOND. Mr. President, I want to we adopted last year. The Cooperative serve component forces—forces that express my support for the hard work Purchasing Program would allow State also are mobilizing for deployment to of the chairman of the Armed Services and local governments and certain non- Bosnia. Committee. I believe that the bill profit groups to purchase items carried Additionally, the bill authorizes a makes significant strides in correcting on the Federal supply schedule. At the new military housing privatization ini- glaring shortfalls of the administra- same time we passed FASA, we did not tiative. This initiative, which was re- tion’s defense policies. analyze the impact this new provision quested by the administration, will Many of my colleagues on the other would have on small businesses. I suc- allow the Department of Defense to side have attacked both the Defense cessfully sought a moratorium of 18 utilize new approaches to reduce the appropriations bill, crafted by my months on implementation of this pro- family housing backlog. To further en- friends and colleagues on the Defense gram to allow GAO the opportunity to hance the quality of life of our troops, Subcommittee on Appropriations review the impact of the program. the agreement increases military con- chaired by the senior Senator from As this new law is being imple- struction funding by $480 million. Alaska, and this bill on the grounds mented, we cannot lose sight of the In order to ensure the readiness of that they include items not requested positive impact that full and open com- our forces, the conferees added over $1 by the Nation’s military leaders in the petition has had on our Federal pro- billion to the operations and mainte- President’s request. Well, they are cor- curement system. I am the first to nance accounts. To further protect the rect. But, why didn’t they request agree with the premise that the cur- readiness accounts, the conferees also these items? He wouldn’t let them, be- rent system is flawed and can be im- provided $647 million for ongoing oper- cause he artificially constrained their proved. As chairman of the Committee ations in northern and southern Iraq. request by cutting their budget dra- on Small Business I intend to monitor The conferees, understanding the im- matically and some say recklessly, at closely the impact this new law will portance of preserving long-term readi- the same time that he has increased have on the small business community, ness, also authorized significant in- their mission requirements. Left with and make suggestions as to how their creases in the procurement and R&D increased responsibilities and fewer interests can be protected in the fu- accounts. They took steps to ensure dollars to accomplish them, the mili- ture. that the United States maintains its tary leaders were forced to make deep Mr. DOLE. Mr. President, before technological edge over any potential procurement cuts. They won’t com- making remarks about the pending enemy, and that our smaller force be- plain lest they be viewed as disloyal. conference report, I want to commend comes a more capable force. The B–2 December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18899 bomber is just one example. The con- Mr. President, as we close this de- strange that we would be inserting ferees repealed the previous restric- bate, I wish to summarize the reasons ‘‘buy American’’ provisions in this bill tions on procurement of long-lead why I am voting against the defense in large number when that is likely, items for the B–2 program and the authorization conference report for the very likely to end up hurting our own standing cap on the number of bombers first time since I have been in the Sen- export capabilities. I find it strange produced. They also added $493 million ate, including 6 years that I have that the Republican majority of the for B–2 procurement. The B–2 rep- served in the minority. While there are House and Senate, committed to free resents this Congress’ renewed effort to a number of provisions I support, and I trade and market competition, would preserve a strong American defense. enumerated those this morning, the inject the most sweeping ‘‘buy Amer- Finally, in an effort to assist commu- conference report contains many fun- ican’’ provisions we have had in a de- nities affected by base closures, the damental flaws that are contrary to fense bill in many years. conferees attempted to improve the the best interests of sound manage- Fifth, a prohibition on purchasing process for disposal of property and in- ment of our national defense activities foreign vessels to convert the remain- cluded authorization for important as well as the U.S. taxpayers. ing five sealift ships. All conversion is projects such as the conversion of Jo- On balance, Mr. President, this bill’s currently done in U.S. yards but this liet Arsenal to the Midewin National bad policy outweighs its good policy. I provision would mean an expenditure Tallgrass Prairie. Under the plan, this am particularly troubled by the bill’s of $1 billion to $1.5 billion for new ships former Army facility will provide the numerous provisions which are simply versus the $350 million for conversion Joliet community with the increased what I would call bad government. of existing ships. This provision is a economic opportunity, while allowing These include elimination of the inde- sweetheart deal for certain domestic for the establishment of a premier con- pendent oversight position of Director shipbuilders. servation and recreation area in the of Operational Test and Evaluation. Sixth, nonmerit, noncompetitive most populous region in the Midwest. I This position was established in 1983 earmarkings. Through the bill are nu- was pleased to assist in including this under an initiative from Senator ROTH, merous legislative and report language important provision and look forward Senator GRASSLEY, and Senator PRYOR earmarkings for specific contracts to to seeing its successful implementa- to ensure the testing of major weapons specific contractors. tion. systems would be evaluated by an of- We worked very hard over the years With this bill the Republican-led fice independent of those developing in the authorization committee to Congress has met its responsibility to and managing the weapons programs. avoid this approach because there is provide our forces with the most mod- Senator PRYOR has spoken on this too great a danger that awards under ern equipment available, ensuring subject, and I had expected Senator such a system could be based on politi- their overwhelming superiority on the GRASSLEY and Senator ROTH to speak cal and parochial considerations rather battlefield. We have taken steps to en- on the subject, but I am sure this is of than the best interests of national de- sure that our forces, though smaller, some concern to them. fense. These earmarks are costly to the maintain the ability to project power It not only abolishes the position, taxpayers because they freeze out com- around the world—quickly and deci- but it repeals key protections for the petition, and they are bad for defense sively. We have taken the lead in pro- Director of the OTE. capabilities because they are not based tecting both our deployed forces and Second, elimination of the key civil- on merit or quality. our home land against ballistic missile ian oversight position for special oper- Seventh, the shipbuilding provisions attack. ations. This was part of a comprehen- contain numerous provisions that can The President and many of our col- sive effort in 1986 by Senators such as only be labeled sweetheart deals for leagues on the other side of the aisle Senator COHEN and myself to improve specific shipbuilders. A very innovative oppose this bill. But the choice is clear. our special operations forces. The mili- Senate concept developed by Senator A vote for this bill is a vote to restore tary commander of those forces was LOTT and Senator COHEN was broad- our national defense, and a vote to sup- given authority akin to a civilian serv- ened in conference into a shipbuilding port the American men and women ice secretary, making the Assistant grab bag with something for everyone. who serve in our Armed Forces. A vote Secretary even more important to ci- This includes directed procurement of against it, is a vote to continue down vilian control, and this position is roll-on/roll-off ships at specific ship- the path to a hollow force. eliminated in this bill. yards, directed procurement of six de- The PRESIDING OFFICER. Who Third, the unseemly and I think un- stroyers at specific shipyards and di- yields time? necessary rush to sell the Naval Petro- rected use of a ship maintenance con- Mr. NUNN. Mr. President, how much leum Reserve in 1 year, which the Con- tract at a specific shipyard. time do I have remaining? gressional Budget Office estimates Mr. President, while we are trying to The PRESIDING OFFICER. The Sen- could cost the taxpayers up to $1 bil- reduce the budget, I find it very ironic ator has 10 minutes, 36 seconds. lion. Because of the CBO reservations, and sad that we are restricting com- Mr. NUNN. I thank the Chair. the reconciliation bill dropped this pro- petition; we are basically making Mr. President, the Senator from vision altogether, yet this conference every effort in this bill to assign cer- Alaska, Senator STEVENS, who is a real report still mandates the sale within a tain ships to certain places without defense expert, having been involved in year, and one company has a potential competition, which is the most expen- defense appropriations for quite a inside track, according to all the infor- sive possible way you can build these while, made a point this morning that mation I have received. This lessens ships and repair the ships. I had been making about this bill that the competitive climate and could cost Eighth the conference committee in- I think bears repeating, and that is he the taxpayers a lot of money. cludes submarine research and develop- said there are far too many reports and Fourth, the inclusion of numerous ment language that ignores the crucial certifications. And one example he ‘‘buy American’’ protectionism provi- tradeoff in very high technology, cut- gave was a delay of all defensewide re- sions where there is no showing of a ting-edge technology, which is what search funds until 14 days after a re- critical domestic industrial base need. submarines really involve. The trade- port is received. That includes even the The conference agreement does not add off, the critical tradeoff is between cost BMD program which so many people just one ‘‘buy American’’ provision; it and risk. There simply is no account- here are concerned about. adds over eight. It also makes existing ing for risk in this provision. Mr. President, this report can be ‘‘buy American’’ provisions more oner- Ninth, the Guard and Reserve equip- made, but it is a 14-day interruption. ous and undermines some of the key ment. The bill that came out of con- This is the kind of thing that drives de- goals of last year’s Acquisition ference in this area is worse than ei- fense management crazy because this Streamlining Act. And I repeat what I ther one that went in. This is because interrupts ongoing defense research said this morning, Mr. President. Our all of the additional funds for Guard contracts. So this is just one example advantage in defense exports is a sig- and Reserve equipment are designated of what I call micromanagement that nificant part of our trade picture. We for specific programs, thus eliminating is all the way through this bill. have an advantage here. It is very any kind of real weighing or S 18900 CONGRESSIONAL RECORD — SENATE December 19, 1995 prioritization within the Department base requirement, which undermines the sues and unduly restricts our ability to exe- of Defense. The appropriations bill cost-saving potential of competition. cute our national security and foreign policy which took a generic approach and put Buy American provisions for ships and responsibilities. naval equipment which will result in enor- the money in a broad account for the The bill would require deployment by 2003 mous cost increases for naval vessels and of a costly missile defense system to defend determination of the Secretary of De- which could produce an unfavorable reaction the U.S. from a long-range missile threat fense and others familiar with the pro- against U.S. military sales abroad—one of which the Intelligence Community does not curement system is a much better ap- the strongest elements of our export econ- believe will ever materialize in the coming proach. omy. decade. By forcing an unwarranted and un- Mr. President, I ask unanimous con- Mandated spending ‘‘floors’’ in the ship- necessary NMD deployment decision now, sent that my detailed listing of provi- building language—requirements to spend the bill would needlessly incur tens of bil- sions here as well as information from specified amounts for particular programs— lions of dollars in missile defense costs and the Secretary of Defense and the ad- which directly contravene the longstanding force the Department of Defense pre- agreement between the Armed Services and maturely to lock into a specific techno- ministration with their objections be Appropriations Committees to not place logical option. In addition, by directing that printed in the RECORD. ‘‘floors’’ in the Authorization bill. the NMD be ‘‘operationally effective’’ in de- There being no objection, the mate- An earmarked non-competitive ship main- fending all 50 states (including Hawaii and rial was ordered to be printed in the tenance contract for a specific shipyard. Alaska), the bill would likely require a mul- RECORD, as follows: Creation of a special congressional panel tiple-site NMD architecture that cannot be Senator Sam Nunn (D–Ga), Ranking Mem- on submarines, which needlessly duplicates accommodated within the terms of the ABM ber of the Senate Armed Services Commit- the oversight role of the Armed Services Treaty as now written. By setting U.S. pol- tee, today released the following statement: Committee. icy on a collision course with the ABM Trea- I congratulate Senator Thurmond upon the Failure to include Senate-passed provi- ty, the bill puts at risk continued Russian completion of the House-Senate conference sions which should have been non-controver- implementation of the START I Treaty and on the National Defense Authorization Act sial, such as U.S.-Israeli Strategic Coopera- Russian ratification of START II, two trea- for Fiscal Year 1996. Senator Thurmond has tion, the Defense Business Management Uni- ties which together will reduce the number shown great patience and endurance through versity, and a North Dakota land conveyance of U.S. and Russian strategic nuclear war- a long and difficult negotiation with the that meets all of the Senate’s objective cri- heads by two-thirds from Cold War levels, House. teria. significantly lowering the threat to U.S. na- Out of respect for Senator Thurmond, par- Weakening the Senate-passed formula for tional security. ticularly in his first year as chairman, I have equity in cost-of-living adjustments for mili- The bill also imposes restrictions on the signed the conference report. This will give tary retirees. President’s ability to conduct contingency the Senate the opportunity to consider the Designating every single line of National operations that are essential to the national report. I want to make it clear, however, Guard and Reserve procurement funds, rath- interest. The restrictions on funding to com- that I have serious reservations about the er than providing generic categories that can mence a contingency operation and the re- conference report, and I plan to vote against be used by the Department of Defense to quirement to submit a supplemental request the report when it is considered by the Sen- meet priority Guard and Reserve require- within a certain time period to continue an ate. ments. operation are unwarranted restrictions on During the conference, the Administration Earmarking Department of Energy defense the authority of the President. Moreover, by raised a number of important objections to funds for numerous unrequested projects and requiring a Presidential certification to as- the bill: programs at designated sites. sign U.S. Armed Forces under United Na- The Administration identified constitu- Restrictions on access of servicewomen tions (UN) operational or tactical control, tional problems with the restrictions on the and dependents overseas to privately-funded the bill infringes on the President’s constitu- President’s foreign policy and Commander- abortions, and the imposition of special dis- tional authority. in-Chief powers imposed by the provisions on charge procedures for HIV-positive In addition, the Administration has serious contingency funding and UN Command and servicemembers—a small fraction of our concerns about the following: onerous cer- Control. military population—which needlessly inject tification requirements for the use of Nunn- The Administration also raised serious ob- domestic political issues into military man- Lugar Cooperative Threat Reduction funds, jections to the ballistic missile defense legis- power policies. as well as subcaps on specified activities and I recognize that the Senate could not pre- lation, which contains National Missile De- elimination of funding for the Defense Enter- vail on all issues. There are many other com- fense language that goes well beyond the prise Fund; restrictions on the Technology promises within the conference report which mandates of both the House-passed and Sen- Reinvestment Program; restrictions on re- I do not particularly support but which I un- ate-passed bills. tirement of U.S. strategic delivery systems; derstand in the context of the give and take The Administration has expressed serious restrictions on the Department of Defense’s of conference. The issues I have raised in this concerns about the impact of the proposed ability to execute disaster relief, demining, statement, however, represent fundamental conference report language on Russian con- and military-to-military contact programs; flaws in the conference agreement. sideration of the START II Treaty, which is directed procurement of specific ships at spe- If the conference report is not approved by designed to produce a major reduction in cific shipyards without a valid industrial the Senate, or if the legislation is vetoed by Russian nuclear weapons. base rationale; restrictions on my ability to the President, we will have an opportunity The Administration is also concerned that manage the Department of Defense effec- to correct these flaws. The conference report the language could lead the Russians to tively, including the abolition of the Assist- contains important legislative authorities, abandon other arms control agreements if ant Secretary of Defense for Special Oper- such as: they conclude that it is U.S. policy to take ations and Low-Intensity Conflict and the A variety of military pay and allowance unilateral action to abandon the ABM Trea- Director of Operational Test and Evaluation. ty. provisions. Approval of Secretary Perry’s family and We will weigh heavily the actions of the I have serious reservations about these Congress on these matters in advising the provisions and numerous other provisions of troop housing initiative. Detailed acquisition reform legislation President whether to veto the Defense au- the conference report, including: thorization bill that is ultimately presented Legislation that would abolish the statu- that complements last year’s Federal Acqui- to him. This letter outlines many, but not tory requirement for an Assistant Secretary sition Streamlining Act. all of the concerns with the legislation. I of Defense for Special Operations and Low Senator Thurmond and the Committee continue to be willing to work with the Con- Intensity Conflict, which could undermine worked long and hard to develop these im- gress to develop an acceptable bill. In its civilian oversight of special operations. portant provisions, and I pledge to work to- current form, however, I would have no re- Legislation that would abolish the statu- wards their enactment in a subsequent bill if course but to recommend a veto. tory requirement for an independent Direc- the legislation in this conference report is Sincerely, tor of Operational Test and Evaluation, not enacted into law. WILLIAM J. PERRY. which could undermine unbiased testing of major weapons systems. THE SECRETARY OF DEFENSE, The Naval Petroleum Reserve Sale provi- Washington, DC, December 15, 1995. STATEMENT OF ADMINISTRATION POLICY sion, which unwisely establishes a one-year Hon. THOMAS A. DASCHLE, If the Conference Report on H.R. 1530 were time frame for the sale, even through the Democratic Leader, presented to the President in its current budget reconciliation bill no longer man- U.S. Senate, Washington, DC. form, the President would veto the bill. dates sale within a year. The one year period DEAR MR. LEADER: I would like to convey The Conference Report on H.R. 1530, filed is insufficient to ensure that the taxpayers my assessment of the conference on the Na- on December 15, 1995, would restrict the Ad- get the maximum value though knowledge- tional Defense Authorization Act for Fiscal ministration’s ability to carry out our na- able competitive bidding. Year 1996 (H.R. 1530). The bill in its current tional security objectives and implement Directed procurement of specific ships at form continues to contain objectionable pro- key Administration programs. Certain provi- specific shipyards without a clear industrial visions that raise serious constitutional is- sions also raise serious constitutional issues December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18901 by restricting the President’s powers as have never seen a perfect bill on this for any of the reasons I have heard of- Commander-in-Chief and foreign policy pow- floor, and I do not have that as my fered by those who want to defeat this ers. standard. However, this conference re- bill. The bill would require deployment by 2003 Mr. President, the fine men and of a costly missile defense system to defend port goes far beyond that which can be the U.S. from a long-range missile threat justified in that give and take context. women who now serve in our military which the Intelligence Community does not I would further point out that a full are being asked, once again, to put believe will ever materialize in the coming defense appropriations bill including $7 their lives at risk in a foreign land. decade. By forcing an unwarranted and un- billion more than the President re- They do not have the option to refuse necessary National Missile Defense (NMD) quested has been signed into law. I sup- to go if they disagree with some aspect deployment decision now, the bill would ported that bill. I spoke for it. I urged of the operation. Many of us in the needlessly incur tens of billions of dollars in that the President not veto it. I urged Senate continue to have serious doubts missile defense costs and force the Depart- that he approve it. So the money is not about this mission, yet, every member ment of Defense (DOD) prematurely to lock into a specific technological option. In addi- the issue here with me. of the Senate has gone on record to tion, by directing that the NMD be ‘‘oper- I favored increasing the defense budg- support the troops unequivocally and ationally effective’’ in defending all 50 states et. We are not debating the funding to provide them with all the necessary (including Hawaii and Alaska), the bill would bill. We are debating an authorization resources and support to carry out likely require a multiple-site NMD architec- bill and the issues of matters of policy, their mission and ensure their secu- ture that cannot be accommodated within very important matters of policy, not rity. The Senate resolution in support the terms of the ABM Treaty as now written. matters of the level of appropriations. of the troops will ring hollow without By setting U.S. policy on a collision course I cannot vote for the bad policy embed- the action to back them up. The au- with the ABM Treaty, the bill puts at risk continued Russian implementation of the ded in this conference report. If the bill thority necessary to translate those START I Treaty and Russian ratification of is vetoed, as has been recommended by words into real, tangible support, is START II, two treaties which together will the Secretary of Defense, we will have contained in the conference agreement reduce the number of U.S. and Russian stra- an opportunity to correct the many now before the Senate. tegic nuclear warheads by two-thirds from flaws and produce a bill that can be I am dismayed to see so many of my Cold War levels, significantly lowering the signed into law. There are other provi- colleagues picking out some provision threat to U.S. national security. sions which I enumerated this morning in the report, and then stand here on The bill also imposes restrictions on the the floor of the Senate to say that they President’s ability to conduct contingency which I strongly support, and I will operations that are essential to the national work certainly with Senator THURMOND cannot vote for the bill because they interest. The restrictions on funding to com- in retaining those and in making what- disagree with the provision. There are mence a contingency operation and the re- ever corrections are required if this bill 995 pages in the conference agreement quirement to submit a supplemental request is vetoed by the President and if a veto this year. It reconciles two of the most within a certain time period to continue an is not overridden. complex bills produced by the Con- operation are unwarranted restrictions on Mr. President, I reserve the remain- gress. I would suggest to my colleagues the authority of the President. Moreover, by der of my time. that no bill meets everyone’s expecta- requiring a Presidential certification to as- The PRESIDING OFFICER. Who tions completely. Only gridlock could sign U.S. Armed Forces under United Na- tions (UN) operational or tactical control, yields time? result from such an approach. the bill infringes on the President’s constitu- Mr. THURMOND addressed the Chair. Mr. President, this is not the time to tional authority. The PRESIDING OFFICER. The Sen- turn a defense bill into a political In addition, the Administration has serious ator from South Carolina. issue, as some have chosen to do. The concerns about the following: onerous cer- Mr. THURMOND. This defense au- only result of politicizing this bill will tification requirements for the use of Nunn- thorization bill is a sound bill and be to disadvantage the Department of Lugar Cooperative Threat Reduction funds, should be enacted into law. I wish to Defense and our troops at a time when as well as subcaps on specified activities and thank the Senators and the staff mem- they are focused on a major inter- elimination of funding for the Defense Enter- bers on both sides who helped to pre- prise Fund; restrictions on the Technology national operation. The House recog- Reinvestment Program, restrictions on re- pare and support this bill for the great nized this and approved the conference tirement of U.S. strategic delivery systems; service they rendered to their country. agreement on a vote of 267 to 149. It is restrictions on DOD’s ability to execute dis- Mr. President, I am pleased that Sen- important that my colleagues and the aster relief, demining, and military-to-mili- ators will now have the opportunity to administration clearly understand that tary contact programs; directed procurement express their support for our military every soldier, sailor, airman and Ma- of specific ships at specific shipyards with- men and women by voting to approve rine will feel the effects if this agree- out a valid industrial base rationale; provi- the conference agreement on the Na- ment is not adopted. sions requiring the discharge of military per- tional Defense Authorization Act for We have heard objections from the sonnel who are HIV-positive; restrictions on the ability of the Secretary of Defense to fiscal year 1996. minority that this bill adds $7 billion manage DOD effectively, including the aboli- As my colleagues prepare to vote on that the President did not ask for. tion of the Assistant Secretary of Defense this agreement, I would ask them to However, they have not mentioned for Special Operations and Low-Intensity make absolutely sure that they do so that defense is now underfunded by at Conflict and the Director of Operational Test with the full knowledge that this is a least $150 billion, according to the Gen- and Evaluation; and finally the Administra- period of high risk and exceptional eral Accounting Office. The Comptrol- tion continues to object to the restrictions danger for our military. The President ler of the Department of Defense, John on the ability of female service members or has committed more than 30,000 uni- Hamre, testified before the Committee dependents from obtaining privately funded formed men and women to a hazardous abortions in U.S. military hospitals abroad. on Armed Services that defense is un- While the bill is unacceptable to the Ad- and lengthy operation in the former derfunded by at least $50 billion. Now ministration, there are elements of the au- Yugoslavia. The Congress must make we are engaged in a major deployment thorization bill which are beneficial to the every effort to ensure that nothing— when the resources of the Department Department, including important changes in absolutely nothing—is done to jeopard- of Defense will be stretched even more. acquisition law, new authorities to improve ize or impede them in any way. After having dramatically underfunded military housing, and essential pay raises for I find it impossible to understand defense, reducing the Armed Forces, military personnel. The Administration calls how any Senator could vote against a and at the same time requiring the on the Congress to correct the unacceptable flaws in H.R. 1530 so that these beneficial defense authorization bill when the military to perform at an operations provisions may be enacted. The President es- President is ordering troops into tempo higher than during the Cold War pecially calls on the Congress to provide for harm’s way. This bill contains many for missions in Somalia and Haiti, the pay raises and cost of living adjustments for essential authorities for programs, sys- President is again deploying troops. military personnel prior to departure for the tems, acquisitions, administration, op- How can there be any objection to ad- Christmas recess. erations, and quality of life. I do not ditional funds? Mr. NUNN. Mr. President, in closing, know how I could face my constituents One of the most important parts of I understand the give and take of a if I voted against taking care of the this agreement is a provision that ad- conference and that no bill is perfect. I troops, who are on their way to Bosnia, justs the automatic level at which S 18902 CONGRESSIONAL RECORD — SENATE December 19, 1995 service members can enroll in the The conference agreement would also problem sites. These and other environ- Servicemen’s Group Life Insurance pro- authorize funds for the mental initiatives will be lost if the gram to $200,000. Ironically, we need to counterproliferation support program. bill is not enacted. make an adjustment to SGLI again as The nerve gas attacks in Japan and the President Clinton has urged our citi- we are deploying U.S. Forces in harm’s bombing in Oklahoma this year show zens and the Congress to support his way; the last time we did this was prior the need to protect not only our mili- Bosnia intervention. I have listened to to the Persian Gulf war. I sincerely tary personnel but also our citizens his arguments about world leadership hope that no family will lose a loved within the United States against the and our role in the world. Our troops one and therefore need to receive this use of weapons of mass destruction. will bear the brunt of his decision and increased benefit. However, the Presi- The conference report requires the De- they deserve to be supported, but their dent has told us to expect casualties in partment of Defense, the Department support will be compromised without Bosnia, and this protection will not of Energy and other appropriate Gov- the defense authorization. I am dis- take effect unless this bill is enacted. ernment agencies to report to Congress mayed that any Senator would con- The Committee on Armed Services on their military and civil defense pre- sider voting against this legislation or concentrated on improving the quality paredness to respond to such emer- attempt to use this bill for political of life for our military personnel and gencies. The conference report also au- purposes. Politics used to stop at the their families. We did not do this be- thorizes DOD to provide assistance in water’s edge, especially when our cause our forces would deploy to the form of training facilities, sensors, forces were deployed to a hostile fire Bosnia, but because there was a need. protective clothing, antidotes, and area. I urge my colleagues and the ad- The list of initiatives in this area re- other materials and expertise to Fed- ministration to work toward the enact- flects a high degree of success. How- eral, State, or local law enforcement ment of this conference agreement and ever, none of these improvements will agencies. not to jeopardize, disadvantage, or im- occur unless this agreement is enacted. The conference agreement authorizes pede our Armed Forces. We authorized a 2.4-percent pay raise funds for arms control to enable the Mr. President, I yield the floor. How and a 5.2-percent increase in the basic United States to meet its treaty obli- much time do I have left? allowance for quarters effective Janu- gations to destroy or dismantle chemi- The PRESIDING OFFICER. The Sen- ary 1, 1996. We also attempted to repair cal and strategic nuclear weapons and ator has 7 minutes and 35 seconds left. a breach of faith with our military re- material. It also provides $300 million The PRESIDING OFFICER. Who tirees by restoring the military retire- for the Nunn-Lugar Cooperative Threat yields time? ment COLA dates to the same schedule Reduction Program for the destruction Mr. NUNN. Mr. President, I suggest as Federal civilian retirees. If the au- of nuclear and chemical weapons in the the absence of a quorum. thorization is not approved, military former Soviet Union. The PRESIDING OFFICER. The retirees will continue to be treated un- On the question of theater missile de- clerk will call the roll. fairly, and military personnel will be fense demarcation, the conference out- The assistant legislative clerk pro- denied the full pay raise and increase come is virtually identical to the Sen- ceeded to call the roll. in the quarters allowance. ate-passed provision. This should alle- Mr. THURMOND. Mr. President, I We included a provision that permits viate concerns about constraining the ask unanimous consent that the order military families to use CHAMPUS for President’s prerogatives in negotia- for the quorum call be rescinded. well-baby care, routine immunizations, tions while fulfilling the constitutional The PRESIDING OFFICER. Without and school physicals. The administra- responsibility of Congress to review the objection, it is so ordered. tion talks about doing this, but mili- results of those negotiations. I believe Mr. THURMOND. Mr. President, I tary families will continue to do with- we have addressed all the concerns of suggest we take 20 minutes to wait for out, or pay for these services out of the administration and the minority Senator DASCHLE to get here from the pocket, unless this conference agree- conferees on this issue. White House. ment is enacted. I am very disturbed to hear that In the meantime, I suggest the ab- I cannot understand how any Senator some are working to defeat or veto the sence of a quorum. or the President could ask our service conference agreement over the ballistic The PRESIDING OFFICER. The members to go to Bosnia, leaving their missile defense provisions. These provi- clerk will call the roll. families alone in Germany and other sions are balanced and fair. If this veto The assistant legislative clerk pro- places far from their homes, while at comes to pass, it will become clear that ceeded to call the roll. the same time denying them the pay the administration’s arguments over Mr. KENNEDY. Mr. President, I ask raise, insurance coverage, allowances, the ABM Treaty were merely attempts unanimous consent that the order for and other quality of life improvements to block the deployment of any type of the quorum call be rescinded. they deserve. national missile defense system, to in- The PRESIDING OFFICER. Without The bill contains the authority to re- clude one that complies with the ABM objection, it is so ordered. form the acquisition and procurement Treaty. I find it hard to believe that Mr. KENNEDY. Mr. President, the processes in accordance with the gen- the President would veto this impor- Senate is waiting for our leaders to re- eral effort to streamline Government. tant bill simply to deny the American turn from an important meeting with It also reforms the process for manag- people a defense against ballistic mis- the President. I wish to address the ing the procurement of information siles. Senate on another matter. I will be technology in order to provide our Many aspects of this bill are impor- glad to yield to the managers at the front-line troops with the latest and tant not only to military men and time they want to request the vote on best information about their situation. women but to all our citizens. The sec- the defense authorization. I appreciate All the acquisition reform provisions tion on Department of Energy National their courtesy. contained in sections D and E of the Security Programs focuses resources Mr. President, I ask to be able to pro- bill will be lost if the conference agree- on cleaning up the highest priority nu- ceed as in morning business. ment is not enacted. clear waste problems at the former nu- The PRESIDING OFFICER. Without Procurement funding has declined by clear materials production sites. It also objection, it is so ordered. 44 percent since 1992 and procurement funds the isolation and reduction of f is at the lowest level as a percentage of spent nuclear fuel rods, some of which the budget since the years prior to the are beginning to corrode. These prob- ENCOURAGING A BALANCED Second World War. This agreement lems cannot be addressed in fiscal year BUDGET takes a step toward resolving that defi- 1996 unless the authorization bill is en- Mr. KENNEDY. Mr. President, ear- ciency by authorizing items needed to acted. lier today, I noticed a rather extensive fight and win decisively while minimiz- The agreement establishes uniform advertisement that was in the Wash- ing the risk to our troops. It buys ba- national discharge standards for ves- ington Post, and also other news- sics, invests to achieve savings, and fo- sels of the Armed Forces and directs papers, a full page advertisement. On cuses on the future. the clean up of DOD environmental one side are all the signatories of December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18903 major industries. It was run in several I make the following proposal. The Repub- Ensure that the process of deficit reduc- of the newspapers. It says, ‘‘Without a lican plan would provide a reduction of 17% tion is achieved in roughly equal steps Balanced Budget, the Party’s Over, No in the Federal budget over the next seven throughout these seven years, rather than years, exclusive of defense spending and So- Matter Which Party You Are In.’’ ‘‘backloading’’ the politically difficult deci- cial Security. Reducing the $4 trillion in tax sions into the next century; and These corporate and business leaders subsidies by 17% would achieve savings of Have everything on the table, including urge that the Congress move ahead $680 billion. If we applied the 17% reduction long-term entitlement programs as well as with the President and pass it at the to only one-quarter of the tax expenditures, the size and shape of any tax cuts. earliest possible time. I want to read to we would save $170 billion—more than Included among us are Democrats and Re- the Senate a letter I just sent to those enough to provide the additional savings publicans, Liberals and Conservatives. What who have signed this advertisement needed in the current impasse to balance the unites us in this appeal is our common con- budget fairly in seven years. Surely it makes and point out the following reaction cern for America’s future. sense to reduce corporate subsidies by a All of us are leaders of institutions keenly that I had to the letter itself: similar percentage as programs that benefit sensitive to interest rates and the short- and DEAR SIRS: I welcome and agree with the working Americans and the poor are being long-term outlook for the U.S. economy. We message in your two-page advertisement in cut. believe that the recent decline in long-term the New York Times and the Washington Or, a number of specific corporate loop- interest rates and much of the boom in the holes that are contrary to sensible national Post this morning that America should live stock market is directly predicated on the fi- policy could be eliminated entirely to within its means and achieve a balanced nancial markets’ expectation that a success- achieve the needed savings. It would make budget. The issue is not whether we achieve ful bipartisan budget-balancing compromise sense under this approach to focus specifi- a balanced budget, but how to do it in a way will be reached quickly, and that a credible that assures that the sacrifices as well as the cally on tax subsidies that have the direct or indirect affect of encouraging American long-term plan will be put in place in short benefits of reaching a balanced budget are order. fairly shared among all Americans. I hope businesses to move transactions and jobs overseas. It is particularly offensive, at a Federal Reserve Board Chairman Alan you agree that equal sacrifice is the heart of Greenspan recently observed: ‘‘If there is a a fair balanced budget. time when large numbers of American work- ers are losing their jobs and being dislocated shattering of expectations that leads to the The original Republican budget plan was conclusion that there is indeed an inability properly vetoed by President Clinton last by changes in the economy, that the tax code is subsidizing corporations to move to ultimately redress the corrosive forces of week, because it failed to meet this test. It deficit, I think the reaction would be quite inflicted deep cuts in Medicare, Medicaid, transactions and job overseas. I urge you to appoint a task force of CEOs negative—that is, a sharp increase in long- education, the environment, and other im- to put together a proposal by which tax enti- term interest rates . . . I think we would portant national priorities, and it included tlements would bear their fair share of need- find that with mortgage rates higher and large tax breaks for wealthy individuals and ed budget reductions. I am ready to meet other related rates moving up, interest-sen- corporations. Half of all the spending cuts in with this task force at any time to discuss sitive areas of the economy would begin to the Republican plan came from the bottom your proposals. If you took this step, the bal- run into trouble.’’ 20% of families in America, while only 9% of anced budget which we all support would be As you continue your negotiations, we ask the cuts came from the top 20% of families in within our grasp almost immediately. Most you to reflect on the full consequences of America. Two-thirds of the tax breaks in the importantly, the balanced budget would be success or failure. However Americans ulti- Republican plan go to this same top 20% of achieved with equal sacrifice from all Ameri- mately resolve our honest and principled dis- Americans, while the bottom 20% would face cans, without destructive cuts to Medicare, agreements over the size and scope of gov- a tax increase. The middle 60% of Americans Medicaid, education, and the environment. ernment, America must begin to live within would also be hit unfairly. They would lose I look forward to hearing from you that its means. an average of $600 each because of the spend- you are prepared to bear your share of the The time for good economics as well as ing cuts, and get back only a third of that sacrifice in the name of fairness as we put good politics is NOW. amount in tax reductions. These are conserv- America on a course of living within its America is waiting. ative distributional estimates, and they means. Respectfully yours, plainly demonstrate the unequal sacrifices Sincerely yours, PAUL ALLAIRE, and unequal benefits contained in the Repub- EDWARD M. KENNEDY. Chairman and CEO, Xerox Corporation. lican plan. Mr. President, I ask unanimous con- RICHARD H. JENRETTE, You say that every form of spending Chairman and CEO, The Equitable should be on the table, ‘‘including long term sent that the two-page advertisement Companies, Incorporated. entitlement programs.’’ I agree. By the year be printed in the RECORD at this point. JON CORZINE, 2002 the largest of all entitlement programs There being no objection, the mate- Chairman and Senior Partner, Goldman, will be the tax entitlements. Between now rial was ordered to be printed in the Sachs & Co. and the year 2002, the federal government RECORD, as follows: PETER G. PETERSON, will spend over $4 trillion in tax loopholes [From the Washington Post, December 19, Chairman, The Blackstone Group, President, and tax preferences which go disproportion- 1995] The Concord Coalition. ately to wealthy individuals and corpora- A BIPARTISAN APPEAL FROM BUSINESS LEAD- M.R. GREENBERG, tions. In 2002, these tax entitlements will ERS TO THE PRESIDENT OF THE UNITED Chairman and CEO, American International represent a large share of the budget than STATES BILL CLINTON, HOUSE SPEAKER Group, Inc. Social Security, Medicare, Medicaid, or any NEWT GINGRICH, SENATE MAJORITY LEADER JOHN SNOW, of the other entitlement programs. But so BOB DOLE, SENATE MINORITY LEADER TOM Chairman and CEO, CSX Corporation, far, out of the $4 trillion of tax entitlements, DASCHLE, HOUSE MAJORITY LEADER DICK Chairman, The Business Roundtable. the Republicans are willing to cut only $16 ARMEY, HOUSE MINORITY LEADER DICK GEP- This message has been paid for by the billion. HARDT, AND ALL MEMBERS OF CONGRESS above named individuals and organizations. Surely, if elderly couples depending on Without a balanced budget, the party’s Medicare and having an average income of over. No matter which party you’re in. [From the Washington Post, December 19, less than $17,000 a year would be required by There are moments in history when a sin- 1995] the Republican plan to pay an additional gle choice can mean the difference between COMMITTEE IN FORMATION $2,500 in Medicare premiums to balance the vastly differing futures—one bright, the budget over the next seven years, corpora- other dark. We believe that you, the political Duane L. Burnham, Abbott Laboratories. tions can be asked to contribute their fair leaders of this country, are now confronting Paul H. O’Neill, Alcoa. share. If four million children would lose such a choice in your deliberations over a H. L. Fuller, Amoco Corporation. their health care and five million senior citi- plan to balance the federal budget. Mitt Romney, Bain Capital, Inc. zens and disabled Americans would lose their We are convinced that the health of our Nolan D. Archibald, The Black & Decker Medicaid protection to balance the budget, economy rests on your ability to avoid polit- Corporated. corporations can be asked to bear their fair ical gridlock and give the American people Josh S. Weston, Automatic Data Process- share. Surely, if education funding would be what leaders of both parties say they favor ing, Inc. cut by 30% and millions of college students and, indeed, have agreed to—a credible plan Lawrence A. Bossidy, Allied Signal Inc. would have the cost of their student loans to balance the budget. By ‘‘credible’’ we Richard de J. Osborne, ASARCO Incor- increased to a point where they may no mean that such a plan should: porated. longer be able to afford college, corporations Use realistic projections that assume the John B. McCoy, Banc One Corporation. can be asked to bear their fair share. fiscal and economic scenario developed by Stephen A. Schwarzman, The Blackstone If you are truly interested in balancing the the Congressional Budget Office and re- Group. budget, I hope you will agree that corpora- viewed by objective third parties: John Whitehead, AEA Investors Inc., tions should bear their fair share of the cuts, Take no longer than seven years as the Former Deputy Secretary of State. along with working Americans, senior citi- maximum time period by which a balanced E. Linn Draper, Jr., American Electric zens, children, and students. budget would be achieved; Power. S 18904 CONGRESSIONAL RECORD — SENATE December 19, 1995 Robert E. Donovan, ABB Inc. Dana G. Mead, Chairman, National Assn of White House to have an opportunity to Vernon R. Loucks, Jr., Baxter Inter- Manufacturers. come back. As I understand, the major- national Inc. L. Dennis Kozlowski, Tyco International ity leader is willing to leave the vote Michael R. Bloomberg, Bloomberg Finan- Ltd. open until they arrive. If it will just cial Markets. Arthur R. Ryan, The Prudential Insurance H. A. Wagner, Air Products & Chemicals, Company of America. stay open. Inc. Wolfgang R. Schmitt, Rubbermaid, Inc. Mr. THURMOND. That is all right. John R. Stafford, American Home Prod- A. C. DeCrane, Jr., Texaco Inc. Mr. NUNN. If the Senator would ucts Corporation. Dr. William H. Joyce, Union Carbide Cor- state it in a form that does not have a Robert E. Allen, AT&T Corp. poration. time limit. James A. Unruh, Unisys Corporation. Curtis H. Barnett, Bethlehem Steel Cor- Mr. THURMOND. That would be all poration. David R. Whitwam, Whirlpool Corporation. Frank Shrontz, The Boeing Company. Keith E. Bailey, The Williams Companies, right. I ask unanimous consent that William F. Thompson, Boston Ventures Inc. the vote remain open until Members Management, Inc. William R. Toller, Witco Corporation. now at the White House have an oppor- Richard L. Sharp, Circuit City Stores, Inc. Al Moschner, Zenith Electronics Corpora- tunity to return to the Senate and Robert Cizik, Cooper Industries, Inc. tion. vote. John R. Walter, R. R. Donnelley & Sons This message has been paid for by the The PRESIDING OFFICER. Without above named individuals and organizations. Company. objection, it is so ordered. Frederick W. Smith, FedEx. Mr. KENNEDY. Mr. President, I Alex Trotman, Ford Motor Company. Mr. WARNER. I ask for the yeas and noted, as I mentioned earlier, that this nays. Lawrence Perlman, Ceridian Corporation. advertisement points out the respon- Joseph L. Rice, III, Clayton, Dubilier & The PRESIDING OFFICER. Is there a Rice, Inc. sibilities all of us have in reaching a sufficient second? balanced budget as a challenge to all of James R. Houghton, Corning, Incor- There is a sufficient second. us here in the Congress, to the admin- porated. The yeas and nays were ordered. George M.C. Fisher, Eastman Kodak Co. istration, and it is really a challenge to Richard L. Thomas, First Chicago NBD all Americans. It is one that we all The PRESIDING OFFICER. The Corporation. should be mindful of, and I hope that question is on agreeing to the con- Melvyn J. Estrin, FoxMeyer Health Cor- our friends that were signatories to ference report. poration. The clerk will call the roll. K. T. Derr, Chevron Corporation. that proposal would also feel that in a sense of fairness and equity, they, too, Mr. JEFFORDS. Mr. President, on M. Thomas Moore, Cleveland-Cliffs Inc. this vote I have a pair with the Senator Philip J. Purcell, Dean Witter, Discover would like to do their part. We invite and Co. them to be a part of the solution to from Texas, [Mr. GRAMM]. If he were William E. Butler, Eaton Corporation. this challenge that we are all facing at present and voting he would vote Paul M. Montrone, Fisher Scientific Inter- this time so that what is eventually ‘‘aye.’’ If I were permitted to vote, I national Inc. proposed, which hopefully will have bi- would vote ‘‘nay.’’ I therefore withhold John B. Yasinsky, GenCorp. partisan support, will be able to be my vote. Robert J. Eaton, Chrysler Corporation. Mr. LOTT. I announce that the Sen- Richard L. Scott, Columbia/HCA Health looked on as being fair to all Ameri- ator from Missouri [Mr. BOND], the Care. cans. It is in that spirit that these re- John S. Chalsty, Donaldson, Lufkin & Jen- marks are made. Senator from Texas [Mr. GRAMM], and rette, Inc. I thank the chairman and the rank- the Senator from Delaware [Mr. ROTH] Lee R. Raymond, Exxon Corp. ing member of the Armed Services are necessarily absent. Jack B. Critchfield, Florida Progress Cor- Committee. I suggest the absence of a Mr. FORD. I announce that the Sen- poration. quorum. ator from California [Mrs. BOXER] is John F. Smith, Jr., General Motors Cor- The PRESIDING OFFICER (Mr. GOR- necessarily absent. poration. The PRESIDING OFFICER. Are there Stanley C. Gault, The Goodyear Tire & TON). The clerk will call the roll. Rubber Company. The assistant legislative clerk pro- any other Senators in the Chamber de- Frank A. Olson, The Hertz Corp. ceeded to call the roll. siring to vote? Ralph S. Larsen, Johnson & Johnson. Mr. WARNER. Mr. President, I ask The result was announced—yeas 51, A.J.C. Smith, Marsh & McLennan Compa- unanimous consent that the order for nays 43, as follows: nies, Inc. the quorum call be rescinded. The result was announced—yeas 51, Hugh L. McColl, Jr., NationsBank. The PRESIDING OFFICER. Without nays 43, as follows: Charles R. Lee, GTE Corporation. David A. Jones, Humana, Inc. objection, it is so ordered. [Rollcall Vote No. 608 Leg.] Paul S. Levy, Joseph Littlejohn & Levy. f YEAS—51 Joseph L. Dionne, The McGraw-Hill Com- NATIONAL DEFENSE AUTHORIZA- Abraham Frist Mack panies. TION ACT FOR FISCAL YEAR Ashcroft Gorton McConnell J. Roderick Heller, III, NHP Incorporated. Bennett Grams Murkowski Warren Hellman, Hellman & Friedman. 1996—CONFERENCE REPORT Brown Grassley Nickles Louis V. Gerstner, Jr., IBM Corporation. The Senate continued with consider- Burns Gregg Pressler Campbell Hatch Robb Floyd Hall, Kmart. ation of the conference report. Daniel P. Tully, Merrill Lynch & Co., Inc. Chafee Heflin Santorum Mr. WARNER. Mr. President, I ad- Coats Helms Shelby Stephen Berger, Odyssey Partners, L.P. dress this to the chairman and ranking Cochran Hollings Simpson Thomas L. Gossage, Hercules Incorporated. Cohen Hutchison Smith Frank E. Baxter, Jeffries & Co., Inc. member. Given the deteriorating Coverdell Inhofe Snowe Henry R. Kravis, Kohlberg Kravis Roberts weather and the need to have the vote Craig Kassebaum Specter & Co. tonight, the distinguished majority D’Amato Kempthorne Stevens Roger Milliken, Milliken & Company. leader is quite amenable to leave the DeWine Kyl Thomas Willis B. Wood, Jr., Pacific Enterprises. Dole Lieberman Thompson vote open for an extended period to ac- Domenici Lott Thurmond Donald B. Marron, Paine-Webber, Incor- commodate a member or such Members Faircloth Lugar Warner porated. Hardwick Simmons, Prudential Securities, that might be delayed. NAYS—43 Mr. THURMOND. Mr. President, I Inc. Akaka Exon Kohl Robert E. Denham, Salomon Inc. ask unanimous consent that we yield Baucus Feingold Lautenberg Charles Lazarus, Toys ‘R’ Us. back time remaining on both sides and Biden Feinstein Leahy Tony L. White, The Perkin-Elmer Corpora- proceed to a vote, and we keep the vote Bingaman Ford Levin tion. open for 30 minutes after those present Bradley Glenn McCain James P. Schadt, The Reader’s Digest As- Breaux Graham Mikulski have voted. Bryan Harkin sociation, Inc. Moseley-Braun The PRESIDING OFFICER. Is there Bumpers Hatfield Moynihan John H. Bryan, Sara Lee Corporation. Byrd Inouye objection? Murray Joseph T. Gorman, TRW Inc. Conrad Johnston Nunn H. William Lichtenberger, Praxair, Inc. Mr. FORD. Reserving the right to ob- Daschle Kennedy Pell Donald R. Beall, Rockwell International ject, I would like to have an oppor- Dodd Kerrey Corporation. tunity for the Members that are at the Dorgan Kerry December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18905 Pryor Rockefeller Simon Yesterday, the House passed by an We hope to give you more detailed in- Reid Sarbanes Wellstone overwhelming vote House Joint Reso- formation as soon as it is available and PRESENT AND GIVING A LIVE PAIR lution 132, which relates to balancing as soon as we have something that we Jeffords, against the budget, and so forth, over 7 years. can really say this is it; we are serious; NOT VOTING—4 So I would ask unanimous consent that we are going to go to work; we are Bond Gramm Roth the Senate now proceed to the consid- going to stay here today, tomorrow, Boxer eration of House Joint Resolution 132, whatever. It is our hope—and we have So the conference report was agreed a resolution affirming that budget ne- not worked out the schedule because I to. gotiations be based on the most recent know some have some difficulties with Mr. THURMOND. Mr. President, I technical and economic assumptions of it, but hopefully if we have, if we put it together tomorrow morning, then move to reconsider the vote. the Congressional Budget Office, and there will be a CR passed that would Mr. WARNER. I move to lay that mo- shall achieve a balanced budget by fis- extend at least until December 27 or tion on the table. cal 2002 based on those assumptions. December 28 and perhaps an adjourn- The motion to lay on the table was Mr. DASCHLE. Mr. President, reserv- ment resolution to extend from this agreed to. ing the right to object, I would inquire of the majority leader whether the res- Friday until December 27. The PRESIDING OFFICER. The ma- We have not worked out those de- jority leader is recognized. olution includes all of the priorities that we listed in the continuing resolu- tails. But in any event, I think the im- Mr. DOLE. Mr. President, let me portant point I should make is that I yield to the distinguished chairman of tion which passed about 3 weeks ago? Mr. President, it is my understanding really believe we are going to start the the Armed Services Committee, who process. did an outstanding job, and I congratu- that the priorities that were listed in the continuing resolution are not in- Now, will we finish the process and late him and members of our staff and when will we finish the process? We our colleagues on this side for passing cluded in this specific draft, and be- cause they are not we would be com- would like to say we could put together this most important conference report. the framework this year, by the end of I yield to the Senator from South Caro- pelled to object at this time. I hope that perhaps we could work out some the year, and then take some days for lina. drafting, come back a couple days in The PRESIDING OFFICER. The Sen- language that would include those pri- orities, and then there would be no ob- January and finish the product. Some ator from South Carolina. would like to do it all before New Mr. THURMOND. I would like to ex- jection on this side. Mr. DOLE. I thank the Democratic Year’s Eve. I am not certain that is press my deep appreciation to all of the leader. possible. But in any event, I think Members who worked hard to prepare The PRESIDING OFFICER. Objec- there is reason for optimism, biparti- this bill and who supported it. I also tion is heard. san optimism and I hope it continues. would like to express my deep appre- Mr. DOLE. I think we can work it out Mr. DASCHLE addressed the Chair. ciation to all the staff members who because we have already passed those The PRESIDING OFFICER. The worked so hard to prepare this bill. priorities once, talking about veterans, Democratic leader. Mr. DASCHLE. I share the views ex- This is a good bill. It serves the mili- Medicare, agriculture. There are I pressed by the majority leader. I think tary well. It serves the country well. think six or seven. So let us see what there is reason for optimism tonight. I And I am sure all who support it will we can do, or if the minority would think the meetings held at the White be proud that they did support it be- like to propose an amendment, we cause it is going to help the soldiers House have been very productive. The could modify it. I think there are some President has committed to become and their families in every way pos- who would like to speak even though sible. personally involved in these negotia- there has been objection, if that is sat- tions. With a good-faith effort on both Thank you very much. isfactory. Mr. WARNER. Mr. President, I wish sides, there is renewed hope that we Mr. DASCHLE. Sure. can reach an agreement. As the major- to join other members of the Armed Mr. DOLE. Let me indicate to my ity leader said, I do not know that Services Committee in stating our pro- colleagues who are in the Chamber and there is any timeframe within which found appreciation to the distinguished those who may be in their offices that we can realistically reach that agree- chairman, Senator THURMOND, for his we have had, as I have said earlier, a ment tonight. We certainly know that work on this bill. I am trying to recall very constructive discussion with the a quote by the Duke of Wellington in these are difficult issues. President and Vice President and Chief We agreed to reach an agreement in the close of the Battle of Waterloo of Staff with reference to achieving a when he said: three areas. First, on the continuing balanced budget over the next 7 years. resolution; second, on the schedule; . . . a damned nice thing—the nearest-run There will be a meeting going on to- thing you ever saw in your life. and third, on the framework within night with Mr. Panetta, Senator DO- which these negotiations would take The vote on this conference report MENICI, Congressman KASICH, and oth- place. was also very close, and I doubt if it ers, and then, depending on what hap- Leon Panetta will be talking with would have been passed without the ab- pens in that agreement, there may be our Budget Committee people on both solute determination and the total another agreement of the principals ei- sides to discuss all three of those and dedication of the distinguished chair- ther tomorrow morning or early after- hopefully reach an agreement some- man of the Senate Armed Services noon, depending on everyone’s sched- time tomorrow, which then would Committee, Mr. THURMOND of South ule. allow us to go to our caucuses to dis- Carolina, and we all render this fine I think it is fair to say that at least cuss in detail what that agreement gentleman a hand salute. I am optimistic about getting some- may entail. But there is no agreement f thing done here that will satisfy a tonight. There is simply an agreement great majority of Americans and prob- to work out in three areas what that UNANIMOUS-CONSENT REQUEST— ably most people on both sides of the agreement might look like. If we can HOUSE JOINT RESOLUTION 132 aisle—not everyone but most of my reach that tomorrow morning, I hope Mr. DOLE. Mr. President, let me ad- colleagues on each side of the aisle. our caucuses could be informed and we vise there will be no more votes today There are certainly areas of difference, will begin to go to work. But I again because the weather is lousy out there and we will not go into those at this share the optimism expressed by the and the roads are going to be difficult time, but I think there was an agree- majority leader, and hopefully it will if you live in the suburbs. But I would ment that there are at least five or six lead to even more optimistic develop- propound a unanimous-consent re- or seven categories where the leaders ments in the days ahead. With that, I quest. I assume there will be an objec- are going to have to be directly in- yield the floor. tion, and there might be someone, a volved and the President is going to be Mr. HARKIN addressed the Chair. couple on this side who would like to directly involved, and he has agreed to The PRESIDING OFFICER. The Sen- speak briefly. be directly involved. ator from Iowa. S 18906 CONGRESSIONAL RECORD — SENATE December 19, 1995 PAYMENT OF FEDERAL when it went to conference. In fact, I hope that the House of Representatives EMPLOYEES am told that the no-budget/no-pay will finish their work on the District of Mr. HARKIN. Mr. President, here we amendment which was attached to the Columbia appropriations bill. We will are now in the fourth day of another ICC bill was dropped in conference— see if they have the guts to leave on Government shutdown. just dropped in conference. It is still a the no-budget/no-pay amendment that I do not know how many more days it part of the D.C. appropriations bill was adopted in the Senate. Send it to is going to go on. I hope there is some that is now languishing in the House. conference and let us get it acted on reason for optimism. But I want to Let us see if the House has the courage once and for all. I daresay, if Members point out, once again, as I have with to live up to its own Contract With of the House and the Senate were the Senator from California, that over America to make the laws that apply treated like the most adversely af- 200,000 Federal employees are not at to Federal workers also apply to Con- fected Federal worker, I just wonder work and, as a matter of fact, no Fed- gress, so that in periods of shutdown, how many days we would shut down eral employees are getting paid for Members of Congress will be hit in the the Government. I bet the number these 4 days. Right before the holiday pocketbook just as well as other Fed- would approach zero. season, right before Christmas, Federal eral workers. So, Mr. President, I think it is time workers all over this country are un- I have heard from my constituents. I Members of the House and Senate be sure of just how much money they are know that people around the country treated just like other Federal work- going to be paid or when they are going have now been alerted to this, and they ers. With that, I yield the floor. to be paid. know we are getting treated dif- Mrs. HUTCHISON addressed the This is grossly unfair, Mr. President, ferently. What difference does it make Chair. grossly unfair that Congress would act to the Speaker of the House if the Gov- The PRESIDING OFFICER. The Sen- so cavalierly toward decent, hard- ernment shuts down? He gets his pay- ator from Texas. working people. I know it is fun to check. What difference does it make to f point fingers at bureaucrats and that anyone in this body or the House? It VETERANS’ BENEFITS type of thing, but just keep in mind, does not make any difference. If the many of those Federal workers who are Government shuts down, Congressmen Mrs. HUTCHISON. Mr. President, I now not being paid are the same Fed- and Senators still get their pay. thank the Senator from Virginia for eral workers, or the same type of Fed- So for those of us in the Congress, we putting together a letter to the Presi- eral workers, who were killed in the do not have to worry about making the dent asking the President to do what Oklahoma City bomb blast—our hearts house payment or the car payment or we believe he has the right to do, and went out to them—people doing their buying presents for the kids, because that is pay veterans’ benefits. job, working for their country, doing we know that paycheck is going to be Obviously, all of us are going to con- the best they can to make sure our there. But for over 200,000 Federal tinue to negotiate and work with our Government operates fairly and justly workers, many of whom live in Vir- leaders and are negotiating to stop the and in the best interest of our people. ginia and Maryland, many of whom shutdown of Government. But, Mr. And yet now, right before Christmas, live in my State of Iowa and across President, we do not have a whole lot they are told, ‘‘We don’t know if we this land, they do not know. of time before veterans’ benefits are can pay you.’’ Some are told to go I saw an interview on television last going to be late or will not be there at home, not come to work. But what is night with some of these Federal work- all, and that is not right. These are so grossly unfair about this, Mr. Presi- ers. One after the other was saying, earned benefits. dent, is that Members of Congress who ‘‘We just don’t know what kind of We believe and we have gotten legal caused this whole thing are getting Christmas it is going to be. We don’t opinions that say that the President paid. Senators continue to get paid. know whether to buy presents or not has the right to declare that veterans’ Members of the House continue to get because we don’t know when and if we benefits are essential. Who could ques- paid. are going to get paid, we don’t know tion that veterans’ benefits are an es- Earlier this year, one of the first bills when and if we are going to go back to sential part of Government? that we passed was the Congressional work.’’ But, in fact, the Veterans Affairs bill Accountability Act. As a matter of What a terrible thing to do to people. that was passed by both bodies and fact, here is the so-called Contract It is unconscionable that we would sent to the President was vetoed in re- With America that Members of the allow this to happen. I, for one, think cent days. Now, once again, we are House of Representatives put out. The we should have gone on a continuing faced with veterans’ benefits not being first item in that Contract With Amer- resolution until January or February, paid. The President and his administra- ica says: ‘‘It requires all laws that keep these people on the job and let us tion said during the last Government apply to the rest of the country also work out this budget arrangement. Let shutdown that veterans’ benefits are apply equally to Congress.’’ the people go to work, but at least not on the list, not on the essential That was the first bill we picked up have enough decency and kindness and list. We believe that is an erroneous as- this year, and we passed it. I happen to compassion that Federal workers can sumption; that is an erroneous look at have supported it. I thought it was long at least enjoy their Christmas. That is, the regulation and the laws that are in past time when Members of Congress unless you just absolutely do not care place right now. If anything is essen- should be covered by the same laws about them. Maybe there are some who tial in this Government, it should be that apply to the people around the do not care. But I care about them. I veterans’ benefits. In fact, the Presi- country. But the country found out care very much about them, because dent has declared that the people who during last month’s partial Govern- they are doing a good job for our coun- process the veterans’ benefits are es- ment shutdown that when it comes to try in carrying out the mandates of sential, but the benefits are not. I paychecks, Congress gets special treat- Congress and this Government, and it would leave you to get the logic of ment. Congress is not covered by the is not right that we treat them dif- that. same laws as other Federal workers. ferently than we treat ourselves. Mr. President, we have sent a letter They do not get their pay, but Congress So we should have no exemptions for to the President—Senators WARNER, continues to get its pay during periods Congress, no special deals. We should SIMPSON, DOLE, and myself, along with of shutdown. say that we are like the most adversely 34 other cosigners of the letter—asking We have passed three times this year affected Federal worker. If we have a the President merely to do what we be- a no-budget/no-pay bill or amendments Government shutdown, Members of lieve he has the right to do, and let that say if Congress shuts down, Mem- Congress and the Senate should not get veterans know just before the holiday bers of Congress do not get paid or that their paycheck. season that their benefits will not be we get treated exactly like the most So, Mr. President, I will speak about late. adversely affected Federal worker. it again tomorrow and every day that But, in fact, if the President does not It has been passed three times, but the Government remains shut down, do this, we are prepared to pass a bill what happened? It just sort of got lost pointing out the unfairness of it. I just through the Senate that would require December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18907 him to do it, or give him the authority There being no objection, the letter I want to, again, commend the distin- to do it. The House is going to take was ordered to be printed in the guished chairman of the Armed Serv- that bill up tomorrow or the next day. RECORD, as follows: ices Committee, the Senator from We will take it up immediately there- U.S. SENATE, South Carolina, for his dogged persist- after. But the President could keep us Washington, DC, December 19, 1995. ence in moving this legislation. With- from having to go through that routine The PRESIDENT, out his efforts, without his coming on if he is sincere in wanting to do what is The White House, to the floor of the Senate and in com- right for the veterans of our country. Washington, DC. mittee and grabbing us by the arm and I want to say thank you to Senator DEAR MR. PRESIDENT: We are disappointed saying, ‘‘We have to move this issue,’’ WARNER for starting this process, for that you chose to veto the 1996 Veterans Af- fairs, Housing, and Urban Development and and, ‘‘Let us get agreement on missile bringing it to our attention. I also defense and on the B–2. We have to want to say, because there are people Independent Agencies appropriations bill. Your veto threatens hardships for our na- move this legislation,’’ it would not on the floor here, that the authoriza- tion’s veterans, unless you exercise your au- have happened, in spite of the efforts of tion bill for the Department of Defense thority to ensure basic entitlements required all of us. But he just stayed with it and that just passed was obviously tough. by law are continued. we got it done. This should be the It was a close vote. A lot of people are We consider it an unresolved issue whether Thurmond bill because he really made responsible for the authorization going the ‘‘faithful execution of the laws’’ clause of it happen. Article II of the Constitution permits the through, making sure that the Defense I have enjoyed working with all the Department does have the funding that President, in the absence of an appropria- tion, to enter into any obligation to pay ben- members of the Armed Services Com- it needs, especially in this time when mittee, especially the Senator from we have young men and women going efits that are expressly required by law. It is our view that veterans’ benefits have the Virginia, Senator WARNER, and all of to Bosnia and who will be there and same status as other earned benefits upon the others. I want to say, also, I think will look to us for the stability of fund- which people depend to live, and should be a lot of staff on both sides of the aisle ing to make sure that they have what designated as essential and payments contin- need to be recognized. There are too they need. ued. many to name, but Senator THUR- I thank Senator THURMOND, the Assistant Attorney General Walter MOND’s staff, Senator WARNER’s fine chairman of the committee, for his Dellinger, in his memorandum interpreting staff, and my own staff assistant, Sam leadership. He did a wonderful job. earlier Department of Justice opinions on Adcock, put a lot of time in this bill, Without him, this bill would not have the consequences of a lapse of appropria- and they should be congratulated. gone through. There are two or three tions, writes that, ‘‘Efforts should be made to interpret a general statute such as the I certainly agree with the Senator other people who were integral to this Antideficiency Act to avoid the significant from Texas—with the letter she has de- process, and I want to say that Senator constitutional questions that would arise veloped to say that we should make WARNER from Virginia, Senator LOTT were the Act read to critically impair the ex- sure that our veterans are paid, and from Mississippi, and Senator COHEN ercise of constitutional functions assigned to there is no reason why they should not from Maine were essential to getting the executive.’’ Rather than avoiding this be. I assume they will be taken care of this bill through, to working it and question, or ceding authority to Congress, by administrative decision. staying with it and not giving up, de- we believe you should act to carry out the spite the differences on the two sides of laws of the United States for the benefit of f veterans. the aisle. A BALANCED BUDGET So I thank the Senator from Vir- If you decide not to declare veterans bene- fits essential, we intend to bring up a fund- Mr. LOTT. Mr. President, I would ginia, and I commend him for getting ing resolution quickly to provide necessary like to also talk a little bit about the his letter to the President. I hope the appropriations. We hope you will act first, joint resolution. An effort was made to President will respond to the veterans making such action unnecessary. call it up tonight. This joint resolution and give them a Christmas present. Sincerely, passed the House of Representatives They should not be put at peril and John Warner; Alan Simpson; Kay Bailey just yesterday by an overwhelming should not have to worry about it. Hutchison; Bob Dole; Lauch Faircloth; Mr. WARNER. Mr. President, I thank Dan Coats; Pete V. Domenici; Rod vote of 351–40; over 130 Democrats my colleague from Texas for her Grams; Jon Kyl; Bill Frist; Richard voted for it. This joint resolution is thoughtful remarks. Indeed, she de- Shelby; Craig Thomas; Richard G. pretty simple and direct and to the serves an equal amount of credit for Lugar; Alfonse D’Amato; Conrad point. It just says that as we voted a Burns; Mitch McConnell; Ted Stevens; month ago on a similar resolution, getting this conference report passed. John H. Chafee; Judd Gregg; Bob True, our distinguished whip, Mr. which the President signed, that the Smith; Larry Pressler; Thad Cochran; Congress is reaffirming its commit- LOTT, Mr. COHEN, and others, took ac- Chuck Grassley; Jim Jeffords; Connie tive negotiating roles, but she, too, was Mack; John McCain; Nancy Landon ment to a balanced budget in 7 years there. We thank her. Kassebaum; Rick Santorum; Spencer with honest numbers, as scored by the I am delighted that the Senator men- Abraham; Olympia Snowe; Frank H. Congressional Budget Office. That is tioned the soldiers, sailors, airmen, and Murkowski; Dirk Kempthorne; John all it does. marines going to Bosnia because this Ashcroft; Don Nickles; Trent Lott; Now, when the distinguished major- letter, Mr. President, reflects the senti- Strom Thurmond; Larry E. Craig; ity leader attempted to bring this joint Slade Gorton. ment of the Congress of the United resolution up in the Senate that passed States toward veterans. But they will Mr. LOTT addressed the Chair. the House overwhelmingly yesterday, be veterans some day. It is the continu- The PRESIDING OFFICER. The Sen- there was objection to it by the minor- ity of the treatment of veterans by the ator from Mississippi. ity leader, but he indicated if we could Congress of the United States that en- f add the additional language that we had in our earlier resolution, perhaps ables this country to continue to get THE DOD AUTHORIZATION the finest and the best qualified to we could get it worked out and get it CONFERENCE REPORT come in and wear the uniforms of our passed. I think we should be able to do armed services today, tomorrow, and in Mr. LOTT. Mr. President, I, too, want that. We worked on that language ear- the future. So each time we deal with to join in saying how pleased I am that lier. We are all committed to making a veterans issue, we should think about we have passed this very important sure that Medicare is protected and, in the current generation serving, for piece of legislation. There was exten- fact, strengthened. We are all commit- they will some day be veterans, to- sive debate today, and I think all the ted to a strong national defense and ag- gether with their families and loved important points have been made. I am riculture programs, along with the ones. proud of the Senate, that we did get it whole list of issues that we included in I ask unanimous consent that this passed and sent it to the President. that earlier legislation. So I think we letter prepared by the Senator from The defense of our country should be can probably work that out and get it Texas, Senator SIMPSON, Senator DOLE, our highest priority. We have lived up agreed to tomorrow. I hope so. myself, and others, be printed in the to that responsibility in the passage of We have had the additional develop- RECORD. this legislation. ment now that it appears that maybe S 18908 CONGRESSIONAL RECORD — SENATE December 19, 1995 the principals of the Congress and the budget that has some effort to encour- For too long we have watched as dol- administration—the President, and the age growth in the economy, that re- lars flow from hard-working Americans distinguished majority leader, the forms these programs. It can be done. to fund Washington-knows-best rules Speaker, and the Vice President—have It should be done, certainly, within the dictating how our Nation’s welfare, met now and it appears that they have next week or 10 days. health, and other domestic programs made some progress. I thought they I am pleased that it looks like we will be run. We need to change from said they had reached some agreement, may be able to get an agreement on that approach to one where we let peo- among other things, to in fact have this Joint Resolution. I am pleased fi- ple keep more of what they earn, in scoring by the Congressional Budget nally, finally, the President of the which we let the States and the people Office. I am not quite sure if that was United States is meeting with the lead- on the front lines address the problems exactly what was agreed to. But there ers of the Congress to get an under- of our needy citizens more effectively is a supplementary meeting now occur- standing about how we will draw this than the Federal bureaucracy could ring with the Chief of Staff of the to a conclusion, which would lead to a hope, and ultimately in which we President, along with the chairman of balanced budget with real and honest reshift the balance in this country the Budget Committee in the House numbers before this year is out. I hope from Washington-knows-best to a reli- and Senate, and I am sure there will be it happens. We will all be waiting and ance on initiatives that take place at some further development of exactly watching and hoping to participate as the States, and the initiatives that what was discussed and what was this process goes forward. I yield the come from the people themselves. agreed to. There will be meetings that floor. Mr. President, that is the solution I will follow on tomorrow. That is good. f think would work best and why I sup- I wonder why it has taken so long to BALANCED BUDGET port this resolution as it was pro- get this serious meeting. I think it is nounced by the majority leader earlier. Mr. ABRAHAM. I echo the state- appropriate, when you are talking It is why I hope we will soon enact a ments made by the floor leader on our about the future of your country, that balanced budget plan that yields, at side who has very concisely outlined the President be directly involved and least for the people in my State, lower the importance of the issues before us. not be speaking through agents. Our interest rates, a chance to keep more I agree with him that we should not leaders are willing to get together to of what they earn, and most impor- only pass this resolution but we should talk about this very important matter. tantly for the children in my State, a So it looks like we are finally mak- stay here as long as we have to to get the bigger job of passing a balanced chance to grow up without spending ing some progress right here as we ap- most of their working lives paying off proach this holiday season. I think it is budget done. Today I was struck by comments the bills that their parents left them. worth staying here a little longer and made in the Washington Post business Instead, they should be free to spend- coming back a little earlier because we section from various financial market ing their incomes on their own prior- are talking about a balanced budget. experts who said that people are wak- ities. I yield the floor. We are talking about taking actions ing up to the stalemate here in Wash- f now that will lift the burdens from the ington. Yesterday was the wake-up call REVIEW OF RESOLUTION backs of our children and our grand- that we might not get real entitlement children. We are talking about taking reform and bring the deficit under con- Mr. MACK. Mr. President, I thought I an action that will lead to lower inter- trol. would take a few moments to review est rates and more jobs and a stronger We saw the result with the stock the resolution that was offered by the economy. We are talking about getting market dropping dramatically. There distinguished majority leader and ob- some agreements on controlling enti- is a real fear on Wall Street, as was in- jected to by the distinguished minority tlements. dicated in that article, that Washing- leader, because I frankly did not think I have always wondered why we call ton might be contemplating a plan it was all that controversial. these programs entitlements because, that fails to reform our entitlement The joint resolution is stated as fol- in America, you should not say that re- programs. lows: gardless of what money is available or Mr. President, that is a prescription Affirming that budget negotiations shall what parameters should be placed on for disaster, not just in the short term be based on the most recent technical and economic assumptions of the Congressional these various programs, people are en- but for the long term, as well. What we titled to automatically get them. They Budget Office and shall achieve a balanced have tried to offer with the Balanced budget by fiscal year 2002 based on those as- are only entitled to them because Con- Budget Act adopted earlier was a solu- sumptions. gress said they are. tion to the entitlement problems that Whereas on November 20 the President This reform is long overdue. Reform have confronted Congress for a long signed legislation (Public Law 104–56) com- in welfare—everybody said we need it. time. We have understood that while mitting Congress and the President to The President says we should change it there is a need to act quickly to ad- ‘‘enact legislation in the first session of the as we have known it. We are on the dress the solvency of Medicare part A, 104th Congress to achieve a balanced budget not later than fiscal year 2002 as estimated verge of doing that. We have a welfare this is just the first step in a long se- conference report that would, in fact, by the Congressional Budget Office; ries of reforms needed to accommodate Whereas Congress has approved legislation really reform welfare. We should get the changing population that we will that achieves a balanced budget in fiscal that done before we leave to go home confront as the baby boom generation year 2002 as estimated by the Congressional for Christmas, or certainly before this ages. Budget Office. year is out. Medicare, Medicaid, all of Mr. President, I hope that the resolu- Whereas congressional Democrats have of- the so-called untouchables must be re- tion which the majority leader offered fered alternative budgets in the House and formed, not to try to weaken them, but earlier will be available for us to vote Senate which also achieve balance in fiscal to control the rate of growth so we can on very soon. I strongly support the year 2002 as estimated by the Congressional guarantee they will be there in the fu- Budget Office; principles that are enunciated in it. I Whereas the commitment to enact legisla- ture, not just for this generation, but think the American people and cer- tion in the first session of Congress requires for the next generation. tainly the people in my State support action now in negotiations; I really resent some people saying, it as well. They are impatient with Whereas the negotiations have no pre- my goodness, you have various agen- Congress. They cannot understand why conditions on levels of spending or taxation, cies or park programs that are being it is taking us so long to get to the fin- except that the resulting budget must temporarily closed down and that is so ish line. By combining reductions in achieve balance by fiscal year 2002 as esti- bad. Yes, we do not want that to hap- the growth of Government with an op- mated by the Congressional Budget Office; pen, but it trivializes what we are try- portunity to allow hard-working Amer- Whereas the Congressional Budget Office has updated its technical and economic as- ing to do here. This is a major effort we icans to keep more of what they earn, sumptions following a thorough consultation are trying to accomplish with this bal- we can dramatically shift the whole with government and private experts; and anced budget. We should not quit. We equation of government in this coun- Whereas the Congressional Budget Office will not quit until we get a balanced try. has begun consultation and review with the December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18909 Office of Management and Budget: Now, scored by CBO, in 7 years. So I think Mr. FORD. If the Senator will yield therefore, be it that is a fairly reasonable position for for another question? I just do not Resolved by the Senate and House of Rep- us to take. want to leave him out there without resentatives of the United States of America in Mr. FORD. Mr. President, will the Congress assembled, That the current negotia- our trying to help our side a little bit. tions between Congress and the President Senator yield for a question? Mr. MACK. I will yield. shall be based on the most recent technical Mr. MACK. I will be delighted to Mr. FORD. I do not want him to and economic assumptions of the Congres- yield to my friend. yield. I just want to ask a question. sional Budget Office, and that the Congress Mr. FORD. Mr. President, the prin- Was not part of that delay, 2 weeks is committed to reaching an agreement this ciples that we agreed to in the begin- that it took CBO to score what was of- year with the President on legislation that ning are excluded from this resolution fered? will achieve a balanced budget by fiscal year that was sent over to us from the Mr. MACK. If I can respond? 2002 as estimated by the Congressional Budg- House. I think the majority leader Mr. FORD. Yes. Sure. et Office. readily agreed that they should have Mr. MACK. The President agreed to Now, as I understand it, the minority been in it, a few moments ago. He even scoring budgets through CBO. OMB is leader objected to this resolution being suggested that he would accept what- well aware of CBO’s—— brought up because it did not include, ever the Democratic leader might put Mr. FORD. Senator, that is not what I guess, the full text of the language together as an amendment and you I asked. I asked, did it not take 2 weeks that was passed a month ago, and I could then alter this resolution to ac- for CBO to score what the President must say that at this point I do not commodate that. sent in, offered? That was part of the think I can speak for every Member on So, really, I do not know why we are delay. our side of the aisle, but I think that talking about it tonight. Everybody is Mr. MACK. If the Senator will allow we are perfectly willing to put the agreeable. Unless you are trying to me to respond? I have no problem in complete text in the resolution. make a point that you made yesterday saying it took 10 days, 12 days, 14 days. Again, I do not want to bore every- and the day before and the day before But my point is, the administration body, but let me read what the addi- that. And people are trying to work clearly had the ability to put together tional text would be: things out. a budget based on the economic as- The principles here, that we had put And the President and the Congress agree sumptions it knew CBO would produce. in there, are the things that are very that the balanced budget must protect fu- They refused to do that. ture generations, ensure Medicare solvency, dear to all of us. The majority leader Mr. FORD. No, they did not. reform welfare, and provide adequate fund- did not object to it. In fact, he was Mr. MACK. They offered a plan about ing for Medicaid, education, agriculture, na- very gracious in offering the Demo- tional defense, veterans and the environ- which they then could say to the cratic leader an opportunity to give an American people, ‘‘according to the ment. Further, the balanced budget shall amendment which he would modify. So adopt tax policies to help working families OMB it balanced the budget.’’ It did I think we will do that tomorrow. So and to stimulate future economic growth. not balance according to CBO. And the only agreement is on principle, I that is the whole point. The last plan Now, that is the full text. So again, say to my friend from Florida. we are at a point now where we really Mr. MACK. I would pick up on that. presented by the President of the Unit- do not know how this will play out to- It may be that we are, in fact, moving ed States is $116 billion short in year morrow. The majority leader indicated towards times where there will be more number 7. that he certainly was willing to accept agreement as opposed to disagreement. I think it ought to be pretty obvious the full text. I suspect that one of the I think all of us hope that that day will that that is the case. So, again, we reasons the full language was not in- come. have been debating this. We will have cluded was because, again, it required The other comment you made, that an opportunity, I believe, tomorrow to us to adopt tax policies to help work- we might again hammer a point we deal with this resolution because I am ing families and to stimulate future have made before, I guess, maybe for under the impression that there will be economic growth. These two require- the last several days, is a fair. Frankly, an agreement to add the additional ments may have caused some problems yes, we do want to make the point that language, which is important, I under- for some people. it has now been 1 month since the Con- stand from my colleagues on the other We thought that, by offering the sin- gress passed a continuing resolution side of the aisle. gle question about endorsing the use of which had, in that language, a require- The additional language in there is Congressional Budget Office numbers, ment for CBO to score a budget that very important to us as well, especially it would frankly be supported easily by balanced in 7 years and which con- the tax cut for America’s families and both sides of the aisle. Yesterday in the tained the other items I spoke about a the reduction in the capital gains tax House, 133 Democrats, in fact, sup- moment ago. For 1 month, frankly, the rate to spur economic growth. That ported this language. President of the United States has language in essence will be included if So maybe tomorrow we will be able failed to produce a proposal that bal- there is an amendment tomorrow. to work out this apparent disagree- ances the budget in 7 years. The closest It is interesting to note that what ment, add the additional language, and the President has come is a proposal seems to be creating some angst here be able to come to closure, again and that came out, I believe a week ago— this evening is a resolution that was finally. We think these negotiations, actually this past Friday. Actually, I supported without any amendment by which may begin tomorrow in fact, will think it was a week prior to that, 133—I think 133 Democrats in the other be done on a basis in which the Con- which was scored by the Congressional body in yesterday’s vote. So it seemed gressional Budget Office will be scor- Budget Office, which said—let me just fairly obvious to me that we could push ing. Everything that will be dealt with finish— this forward without any major con- will be done so by using the Congres- Mr. FORD. Two weeks with CBO, troversy. sional Budget Office numbers. now. What we hope to accomplish, once So, I would say again, in context Mr. MACK. It was scored by CBO as again, is to get from the President of with what has happened today, I have a being $116 billion short of balancing the the United States a budget that is bal- greater sense of hope that maybe we budget in the 7th year. I do not know anced in 7 years, scored by CBO, which might be moving towards some agree- what the total amount would be over is to say using real numbers. I do not ment. Or maybe, without being too the 7-year period, or what our dif- think that is unrealistic. I am hopeful, hopeful, maybe the way to say it is I ferences were, but it was $116 billion after what has occurred in the meet- am under the impression that serious over the mark. So, yes, I must admit ings at the White House earlier this negotiations will begin tomorrow. that one of the reasons we do want to evening. But I have been hopeful be- I do not see how this would be harm- have a little discussion about this reso- fore. So I hope my colleagues will ex- ful in stating, once again, the commit- lution is to make the point that in 30 cuse me for some degree of skepticism ment that both the Congress and the days the President has utterly failed to on my part. President of the United States made 1 come forward with a plan that balances With that, Mr. President, I yield the month ago to have a balanced budget, the budget. floor. S 18910 CONGRESSIONAL RECORD — SENATE December 19, 1995 The PRESIDING OFFICER (Mr. opportunity in the years ahead to, in The PRESIDING OFFICER. The Sen- SANTORUM). The Senator from Wash- fact, create the balanced budget in ator from Washington. ington. year 8, year 9, and year 10. f Mr. EXON. Mr. President, you are Mr. EXON. I simply say to my friend A BALANCED BUDGET going to move back and forth, is that from Florida, I hope that works out right? that way. But all of the figures I have Mr. GORTON. Mr. President, earlier Mr. FORD. No. seen indicate just the opposite, and we this year the House of Representatives The PRESIDING OFFICER. The may have some more information on passed by substantially more than a Chair heard the Senator from Washing- that in detail form in the near future. two-thirds majority a constitutional ton first. I simply point out to all that this amendment which would have man- Mr. GORTON. I will be happy to lis- magnificent exercise that we are going dated a balanced budget in the year ten to my friend from Nebraska. through should be better understood by 2002 and in every year thereafter. Later Mr. President, I will be happy to lis- all for what it is right now. The reason in the Senate of the United States that ten to my friend from Nebraska. I am that I am worried about the outyears is constitutional amendment was de- not in that much of a hurry and he al- that the present Republican plan is so feated by a single vote. The reason, of ways has wise counsel. heavily loaded with regard to the cuts course, that the constitutional amend- The PRESIDING OFFICER. The Sen- in spending that are necessary to bal- ment had that kind of prospective ap- ator from Nebraska. ance the budget in the 6th and 7th plication was that to undo the dispar- Mr. EXON. Mr. President, I intend to years—and that happens to be a situa- ity between spending and revenue be here until this discussion is over. I tion where, under the Republican plan, which has built up over the years, con- was going to ask a question of my col- 60 percent of the cuts, 60 percent of the tributed to by administrations both league from Florida, if I could, before reduction in spending that will have to Republican and Democratic, would in he leaves the floor? Will he yield for a be made to meet that 7-year balanced all probability require that amount of question, with the understanding he is budget, is done in year 6 and year 7. time. Since many of the Members in both not losing the right to the floor? That is a pretty heavy load in years 6 Houses who voted against that bal- The PRESIDING OFFICER. The Sen- and 7. That is called back loading. ator from Nebraska has the floor. Backloading is one of the concerns anced budget in the year 2002 did so on the stated ground, at least, that Con- Mr. EXON. May I ask my friend from that I have about the whole propo- gress should take responsibility into Florida, does he have any idea that, if sition. But while we are backloading, its own hands and balance the budget and when we come to a resolution with where we are going, if this deal mate- without what they called the crutch of regard to balancing the budget by the rializes, we are going to have 60 per- the constitutional amendment, Mem- year 2002, as to what the chances are, cent of the cuts made in the year 6 and bers primarily on this side of the aisle given the $242 billion tax cut, and if in the year 7. So the first 5 years are took that counsel seriously. That was that remains in the final product does not so bad. Katie bar the door when the origin of the drive toward a budget the Senator from Florida believe that, you come to those last 2 years. Then on resolution and a series of changes in if the tax cut remains in the package, top of that, Mr. President, at the same our laws which would bring the budget that the budget would remain balanced time is when the cost of the $242 billion into balance by that year. in the year 2003? 2004? And 2005? tax cut kicks in. That is also Mr. President, I do not know what Mr. MACK. I will say to my distin- backloaded into this program, and Members of this body will think in the guished colleague, it is my understand- there the major portion of the money year 2003 or 2004 and 2005, and it was for ing that what we are dealing with here necessary to pay for that $242 billion exactly that reason that I voted in is a budget resolution that covers the tax cut comes in the 7th year and then favor of that constitutional amend- 7-year period. It is my understanding, really escalates in year 8 and year 9 ment, so that the kind of games of according to CBO’s estimate of that, and year 10. backloading, about which my distin- that it would be in balance in the year What I am saying is that, while I guished friend from Nebraska com- 2002, which is the timeframe that we hope this works out, there are lots of plained, simply could not take place in have established. Yes, you can make problems ahead as we move forward. the future. In fact, Mr. President, I am the reductions in spending, reduce the And we have to be realistic. quite optimistic that a Congress will rate of growth in entitlement pro- I would simply say that I will be here soon be elected wiser in that respect grams, balance the budget, produce a while the rest of this discussion is than this one, a Congress that does in bonus as a result of balancing the going on. I was very pleased with the fact submit such a constitutional budget that will pay for the tax propos- report from the majority leader and amendment to the people. als. the Democratic leader that things now In the meantime, however, Mr. Presi- So, I am of the opinion that, in the seem to be moving. But, unfortunately, dent, I believe that it would be an ac- year 2002, that is correct. I thought things were moving when we complishment beyond anything Mr. FORD. But he is asking about were starting detailed specific negotia- dreamed of by more than a handful of 2004 and 2005. tions for tomorrow afternoon. It might Members of our predecessor Congresses Mr. MACK. I understand what he is be wise if we would all be quiet, you actually to pass a series of laws that talking about. know, tone down our rhetoric at a time would create that balance in the year Mr. EXON. Even if it comes to that, when we hope our leaders can come to 2002. And it is to that end that we have you have not looked beyond that to see some kind of an agreement and not be been driving over the course of the last whether or not it would remain bal- here on the floor making pontifical 6 months and more. It was that goal anced in the year following, or the year statements, that we have every right which we finally thought, believed, following that, or the year following to do, but that I do not believe is going hoped that the President of the United that? After 7 years? to contribute very much to the biparti- States had joined when he signed a law Mr. MACK. Mr. President, if I may san effort that is going to have to be creating a continuing resolution before respond, it is the opinion of this Sen- made to come up with a balanced budg- Thanksgiving Day which included the ator that, again, if we can keep a very et in 7 years using the Congressional statement that there would be a bal- significant component of the tax pro- Budget Office scoring. There is going to anced budget using honest numbers de- posal intact—that is, the lowering of have to be a lot of give and take. And rived by the nonpartisan Congressional the capital gains tax rate—that when certainly the leadership, which is un- Budget Office this year, a year that is we hit the years numbered 8, 9, and 10, dertaking those negotiations at the almost over. that we are going to see that the reve- White House, is going to be under The disappointment, the bitterness, nues that are going to be projected in enough stress and strain without us on here and elsewhere, the shaking of fact will increase beyond that because the floor of the Senate trying to take faith, the faith that has caused interest having freed up capital that is now partisan shots one against the other. rates to drop by a full 2 percent over locked into old investments, old tech- I yield the floor. the last year, the faith that has sus- nologies, it will create the jobs and the Mr. GORTON addressed the Chair. tained our economy, the shaking of December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18911 that faith in recent days has been de- down the national parks, closed down before then. But most of the objections rived, Mr. President, solely, I am con- the Department of Veterans Affairs, to what we are doing from his party vinced, from the failure of the adminis- closed down our museums and tourist have not come from the proposition tration to meet the obligation which it attractions here in this city. Why? At that many of these spending cuts take entered into jointly with those of us least in part because we did not appro- place in the last 2 years. They come be- here in Congress. priate enough money for them, appro- cause the spending cuts are there at This Congress passed a balanced priations inconsistent with ever reach- all. They simply do not want to do budget, a set of proposals that would ing a balanced budget, and often on ra- them at all. And I believe, Mr. Presi- balance the budget by the year 2002. tionales which contradicted what he dent, that if we will look a little bit be- Every Member who voted for that has done earlier during the course of yond ourselves, look across the Atlan- budget believed not only that obliga- this year. tic Ocean, we will see the ultimate re- tion, but every one of the other prior- And so now we have a bit of static in sult of a refusal to deal with the social ities set forth in our continuing resolu- public opinion. We have departments and financial burdens imposed on a so- tion just before Thanksgiving with re- shuttered, closed down, parks shut- ciety by unrestrained entitlements. We spect to the protection of Medicare, the tered and closed down because of Presi- simply have to look at what is going on more favorable tax treatment of work- dential vetoes on particular appropria- in France today, a much worse situa- ing Americans, education, the environ- tions bills passed by this Congress and tion than we have here: Strikes and ment, the entire list. It was perfectly sent to him but interfering with the far disruptions in services all across the appropriate, I suppose, for the Presi- more important long-range goal of see- territory of a free country caused by a dent to disagree with that proposition. ing to it that we finally give up the set of social policies which have That is what makes up political de- habit of determining that today we choked its economy, which have cre- bate. It is perfectly appropriate for cannot do without various services, ated unemployment more than twice Members of the other party to disagree however important they sound, what- that in the United States and with no with that proposition. What was inap- ever the interest groups are that sup- hope for any change whatsoever. propriate was the absolute, total, com- port them, but that we are not willing This task that we are taking on now plete, abject failure to come up with an to pay for them ourselves. And so we would have been easier had our prede- alternative that met their priorities, sent the bills to those who cannot vote cessors taken it on 5 years ago or 2 and met the legal requirement for bal- today, those who are already born, who years ago. It will be more difficult if ance using these honest figures. are children in school but who are we defer it until next year or into the It is for that reason, and one other under the age of 18 and those who are next century and the longer we defer that I will mention in a moment, that not yet born. They can pay for what we it, the more we will look like France. we have this second crisis, this second want for ourselves today. The time is now. If the Senator from partial shutdown of the executive Mr. President, that is fundamentally Nebraska has a suggestion that will branch. wrong. It is wrong from the perspective cause more of these spending cuts to Now we are given hope once again of our economy. We know that if we take place earlier rather than later, that in a relatively short period of honestly balance the budget, we will and to be more permanent, I think he time between this evening and the end retain and strengthen lower interest will find many who will support him on of the year in fact we will be able to rates. We will strengthen our economy, this side. Nor does this Senator nor work out a truly balanced budget using or new job opportunities that we have. most others say that any one of the the honest figures, the conservative We will give people hope. It is morally numbers within this budget is sac- figures supplied by the Congressional wrong to demand services today that rosanct, whether it is particular spend- Budget Office. Perhaps—perhaps—to- we are unwilling to pay for. And the ing numbers, particular tax numbers or morrow we will see for the first time, one thing we have not heard in this de- the like. What we do regard as the bot- for the first time a submission by the bate at any time from either the Presi- tom line is that we really get to bal- President of the United States that dent or the Members of the other ance; that we provide that dividend to meets those requirements, and then we party, we ought to spend what the the American people of half a trillion can join in a discussion of how signifi- President asked us to spend and we dollars or more which we are told will cant the tax reductions for working ought to increase taxes. By what, Mr. come from a truly balanced budget Americans should be, how dramatically President, half, two-thirds, three quar- using honest figures. we should reform and strengthen Medi- ters of $1 trillion over the next 7 years? Perhaps we will look back and say care, what we should do about edu- So that we can have these services but today was a major day in the course of cation and the environment. But to pay for them ourselves. They have not reaching that goal. Perhaps this is the this point we have only budgets which suggested that. Their suggestion re- day on which the President truly say we ought to spend money in these mains let us have these goodies now joined in the search for that balanced various areas but not pay for those and let us send the bill to someone budget and those dividends. I sincerely services, send the bills to our children else, someone without a voice in this hope that that is true. I am certain and to our grandchildren. And that is Congress. that if it is true, this will no longer be the cause of the situation in which we Now, my friend from Nebraska, who a partisan exercise but will be one in find ourselves today. has stayed in the Chamber, has made which the Senator from Nebraska en- Even so, Mr. President, we could be what I think is an excellent suggestion, ters into enthusiastically and success- discussing this issue more objectively and I know that he does share our goals fully. perhaps if there were not the constant with us. He has said that he is troubled Mr. REID addressed the Chair. interference of the shutdowns of the by the fact that so much in the way of Mr. WARNER addressed the Chair. Department of Veterans Affairs, the these spending reductions are deferred The PRESIDING OFFICER. The Sen- Department of Housing and Urban De- to the end of this 7-year period. And ator from Nevada. velopment, the Department of Interior, can we continue beyond the year 2002? Mr. REID. I yield to my friend from our museums, our national parks, and Well, Mr. President, even if the Medi- Virginia. the like. care reforms that we have proposed Well, Mr. President, in that connec- were passed lock, stock, and barrel, f tion, this Congress passed and sent to without any change, we would not have the President appropriations bills for solved the problem of the burden that DETERIORATING WEATHER the whole next year pursuant to which creates for the American people in per- CONDITIONS none of those departments would have petuity by any stretch of the imagina- Mr. WARNER. I thank my distin- been shut down whatsoever and bills tion. guished colleague. I rise for the pur- that were consistent with reaching a Oh, yes, Mr. President, I say in re- pose of advising the Senate, in my ca- balanced budget in the year 2002. And sponse to my friend from Nebraska, pacity as chairman of the Rules Com- yesterday, the President vetoed those there would still be more to do in the mittee, that there are many employees bills. He vetoed those bills and closed year 2003 and 2004 and 2005 and probably quite anxious to go home in view of the S 18912 CONGRESSIONAL RECORD — SENATE December 19, 1995 seriousness of the deteriorating weath- have to pay not 80 cents out of every hope we will all remember not our- er. I recognize the subject being dis- dollar but 82 cents out of every dollar selves, not all the nutritional pro- cussed is of paramount interest, but I just to support government. grams, not all the things we talk about hope we can strike a balance. I bring that up today because today and how we can wisely spend the peo- I thank the indulgence of my col- is a day that a very important person ple’s money that we are borrowing league. is to be born, and that person has the from future generations, but I hope we Mr. REID. Mr. President, I under- name or will have the name—and think of James Edward Rapert who stand that my friend from the State of maybe as we speak has the name—of will be paying for all this fun that we Oklahoma wishes to make a statement James Edward Rapert. This will be my are having. regarding one of his children. I will be third grandchild. So it becomes a much Thank you, Mr. President. I yield the happy to yield without losing my right more personal thing when you think of floor. to the floor. someone coming into this world—such f The PRESIDING OFFICER. The Sen- as the Presiding Officer who recently ator from Oklahoma. had a young child named Daniel born THE BUDGET Mr. INHOFE. I appreciate very much in his family—all of a sudden it be- Mr. REID. Mr. President, my friend the Senator from Nevada yielding to comes personal. It comes out of the from Washington said a number of me. I would like to inquire of the realm of the normal discussion as to things that I want to respond to. I have Chair, what is the regular order? the various social programs that the a great deal of respect for the senior The PRESIDING OFFICER. The reg- various Senators have stood on the Senator from Washington, and he and I ular order is the Senator from Nevada floor of this Senate today talking serve together as chairman and rank- has the floor. about—the education programs, the so- ing member of an appropriations sub- f cial programs, the poverty programs, committee. I have found him to be an the nutrition programs, and all of extremely easy person to work with, BALANCING THE BUDGET these—and it becomes an issue of, what and I have developed during that proc- Mr. INHOFE. All right. Mr. Presi- are we willing to do to those who can- ess great respect for his legislative dent, I was interested in the statement not be heard, those for whom there is abilities. But I think it is important to that was made by the very distin- no lobby, such as James Edward mention a number of things that I guished Senator from Washington Rapert? think need to be responded to in regard State a few minutes ago when he was I understand that yesterday the to his statement. talking about those who are not rep- House, by a very decisive margin, with He talks about the second crisis. The resented here and the moral issue of many, many of the Democrats, voted first crisis and the second crisis were the conduct in which we have been con- to reaffirm the commitment we have caused not by the minority, which is ducting our country over the past 30 to a balanced budget by the year 2002 the Democrats. The fact of the matter years. using real figures, not smoke and mir- is that by October 1 of each year, it is I was reminded of an experience the rors, but using real figures and using the responsibility of the Congress to other day of back when we had our the CBO figures. In fact, I cannot imag- pass appropriations bills. The record is prayer breakfast. This was the inter- ine when I go back to Oklahoma, such very clear. By October 1 of this year, national prayer breakfast where we as I was this weekend, everybody say- the majority in the House and in the had people here from all over the ing, well, what is there to debate? I Senate had not passed bills that could world, and I was in charge of inter- mean, we have the Democrats who ran be sent to the President. national visitors, when one of the visi- for office on a balanced budget. We The second crisis referred to by the tors who was here from Moldavia, have a President of the United States Senator from Washington again was which was a former Soviet republic who ran for office on a balanced budget not created by virtue of something that had gained its freedom, came in to the Constitution. And everyone is that the Democrats did that was and he asked me a question during one for it. Who is against it? And I tried to wrong, the minority did that was of our visits that we had. explain the reality up here is not al- wrong. The fact of the matter is that He said, ‘‘Senator INHOFE, I have a ways what it seems to be at home be- the majority did not pass appropria- question to ask you. In the United cause this, in fact, is Washington. tions bills. This crisis that we have is States, how much can you keep?’’ And So we are in a situation—I know not something caused by the minority. I said, ‘‘I am sorry, I do not understand there are several who want to be heard The fact of the matter is, on October 1 what you mean.’’ He said, ‘‘How much tonight. I just want to make a com- the bills were not passed. money do you have to give the govern- ment about a statement that was made I also think it is important to ac- ment?’’ Then I got a little better idea by a very distinguished Member of the knowledge again on this floor, we hear of what he was asking. other body, John Kasich. The other day constant talk about the fact that the So I asked the question—in fact, I he said, ‘‘We’re in a frustrating situa- majority is now pushing for a balanced would be a little embarrassed to tell tion where we have a balanced budget budget. I think that is good. I think you the answer that I gave the gen- amendment or Balanced Budget Act that is important. But the fact of the tleman that was here from Moldavia. that we passed in both the House and matter is that the 1993 budget plan He was so proud. And he said, ‘‘In Senate, and it was vetoed by the Presi- that was passed in this body and the Moldavia, we have a new democracy. dent, and yet we don’t have anything other body—it was the so-called Clin- We have new freedoms. And when from him.’’ And he said, ‘‘It is like ton plan—was the largest deficit-reduc- we’’—they have some type of a tax col- going Christmas shopping and going up tion plan in the history of this country. lection system where every 3 months and saying, ‘I want to buy this tie. How It reduced the deficit over $500 billion or so they collect the taxes. And he much is it?’ And they will not tell you. over a 5-year period of time, the largest said, ‘‘Every time we make a dollar, we So he said, ‘I will give you $100.’ They deficit-reduction program in the his- get to keep 20 cents.’’ In other words, said, ‘No, that’s not enough.’ ‘How tory of this country. they have to pay 80 cents out of every much more?’ Well, they will not tell Yesterday it was an unusual day in dollar to support the government you.’’ the last couple years in this country. It there. And he was rejoicing because That is the situation we find our- was unusual because the stock market this was the new freedom that he had selves in right now. So we have prob- went down. It was an extremely un- discovered. ably the second most significant issue usual day that the market went down. I got to thinking and looking at the facing us that we will face for maybe Today it went back up. But the stock facts, that I do not think anyone will the last 10 years, and that is doing market is over 5,000, Dow Jones. The refute, and that is that if we do not do something about a balanced budget. We stock market has been hot. Why? Be- something now about changing this have an opportunity that is coming up cause the economy has been doing ex- pattern that we established back in the any hour now, any day, certainly I tremely well. Great Society days of the middle 1960’s, hope it is going to happen prior to We have had the lowest unemploy- that someone who is born today will Christmas. When that time comes, I ment, lowest inflation in 40 or 50 years; December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18913 highest economic growth since the provides coverage for over 37 million and especially something senior citi- days of John Kennedy; corporate prof- Americans. Medicare has been success- zens are proud of. In doing that, we its have never been higher. There has ful in fulfilling its mission to provide must ensure the viability of hospitals been a time or two in the past 200 years health insurance coverage to America’s and other critical care health care pro- when they have been as high, but never senior citizens. viders in rural and urban areas. higher than they are today. Today, 99 percent of senior citizens I think it is important that we un- The Federal work force has been re- have health care coverage. Why? Be- derstand that we, the minority, have duced by 175,000 people in the last 21⁄2 cause of Medicare. That is not the way been fighting to protect Medicare. years, excluding the military; civilian it was 30-odd years ago. Around 40 per- Why? Because some of the leaders, Mr. reduction by 175,000. No wonder the cent of the people who were senior citi- President, on the other side are talking economy is doing fine. zens then had health insurance. about Medicare withering on the vine, That does not mean that we should It has been good. It has been good not and the GOP plan threatens to have not do some very important things re- only giving people peace of mind but it Medicare wither on the vine by encour- garding the annual deficits. They are has extended their lives. For those 65 aging doctors to leave the current Med- too high, even though it is the largest and older in the United States, life ex- icare program and penalizing seniors deficit reduction plan in the history of pectancy is now higher than in any who choose to stay. They are extreme this country. The deficits are too high country in the world, with the simple cuts—$270 billion. They may have been and we should do better. exception of Japan. And why? Most dropped, with the latest CBO numbers, There has been talk by a number of people who understand what has hap- but they are large cuts and budget gim- Senators from the other side about pened in this country in the last 30 micks. why did we not just approve this reso- years say it is because of Medicare. One of the things that is suggested in lution that came from the House that Medicare has been one of the primary the plan by the majority is that there calls for a balanced budget? The reason reasons that poverty has been reduced be group health care plans that allow it was not approved, as indicated in the among the elderly. When Medicare managed care. That is fine, but the fine dialog between the majority and mi- came into being, almost 30 percent of print says that the $50 billion that the nority leader, is that the resolution senior citizens were below the poverty majority says will be saved with that needs an amendment. Why? Because it level. Now, Mr. President, it is about program, if they are not saved, if those needs to protect priorities that we on 12.5 percent—a dramatic reduction. One savings do not come, there will be this side feel are important: Medicare, of the main reasons is because of Medi- across-the-board cuts in Medicare. So we have to watch very closely Medicaid, veterans’ benefits, edu- care. that these plans do not use budget gim- cation, the environment. Medicare is a very efficient program. mickry. We talk about more choice. We Maybe it was an oversight. Whatever We bash Government programs. I have have to make sure there are not bad it is, if you are going to have a sense- done a little of it myself, but do not bash Medicare, because it is a very choices. of-the-Senate resolution, a sense-of- Mr. President, I want to just mention this-Congress resolution, as to what we good and it is a very efficient program. Medicare administrative costs average a couple things, and I do this because want, then you have to include the fact we have people coming on the floor and that we are willing to go for a 7-year 2 percent of program outlays, compared with 5 percent for large group plans saying, ‘‘Democrats don’t want to bal- balanced budget, but in the process of and as much as 25 percent for small ance the budget. The minority doesn’t doing that, we want Medicare pro- group plans in the private sector. Medi- want to balance the budget.’’ We want tected, we want Medicaid protected, care works and it works well, and it to balance the budget. We have voted veterans’ benefits, environment, and benefits all Americans regardless of in- for a 7-year balanced budget plan, but education. come status. we want to protect Medicare, we want So the resolution will pass tomorrow. Mr. President, 83 percent of outlays to protect Medicaid, and the program We will stick those things in it and it go to beneficiaries with incomes of the majority has put out repeals the will pass, as indicated by the majority $25,000 or less. Only 3 percent goes to current Medicaid program which serves leader and the minority leader. elderly individuals or couples with in- 36 million needy and vulnerable Ameri- The reason we hang out and talk come in excess of $50,000. The No. 1 pri- cans and replaces it with an under- about certain things being important is ority, Mr. President, for the minority funded and inflexible block grant. because they are important. My friend, is that any budget plan must continue The majority proposal ends a guaran- the minority whip, who has left the Medicare’s guarantee of high-quality tee for 18 million children and 8 million floor, has long been a supporter of a medical care for senior citizens and women who receive preventive and pri- balanced budget, as has been many peo- people with disabilities by ensuring mary care, 4 million elderly Americans ple in this Chamber, including the trust fund solvency and protecting who get help with Medicare pay- ranking member of the Budget Com- beneficiaries. ments—it would end that—6 million mittee. I would put the balanced budg- I have heard numerous statements on disabled Americans, who receive cov- et credentials of the senior Senator this floor of people coming and saying, erage for physician and hospital and from Nebraska up against anybody in ‘‘The reason we’re making all these pu- specialized services. The cuts there are this Congress. It is not something that nitive changes is because the Medicare as much as $420 billion because, re- my friend from Nebraska suddenly said trustees have said we have to do some- member, any money that goes to the this year, ‘‘I’m retiring from Congress thing or Medicare is going to go States from the Federal Government is in a couple years. I think I’ll come out broke.’’ matched by the States. So it is a dou- for a balanced budget amendment.’’ For 27 years, we have had Medicare ble loss for recipients. From the day he stepped in here, after in existence. Twenty-five of the twen- Mr. President, I know the hour is his service as Governor of Nebraska, he ty-seven years the trustees have re- late. I know the streets are icy, but I started talking about a balanced ported the program is going to go have been waiting to get the floor. I budget. broke and, as a result of that—it is a want the RECORD to make sure that it He has voted for balanced budgets. A pay-as-you-go system—we have had to reflects that the minority believes in constitutional amendment to balance change the way that we fund Medicare, certain standards. We believe in not the budget would have passed by prob- and we need to do it now. devastating Medicare, and we want to ably 80 votes this year if—if—we had Any plan that we come up with must maintain Medicaid so that it is a sys- excluded Social Security trust funds. ensure the viability of the Medicare tem that does not—as the report says As a result of the majority not being trust fund for at least 10 years, must by the Consumers’ Union and the Na- willing to exclude the Social Security protect Medicare beneficiaries from tional Senior Citizens Law Center, trust funds, the constitutional amend- premium increases beyond current law, some 395,000 nursing home patients ment failed, as well it should have and promote changes that would not could lose their Medicaid coverage failed. drive up overall costs. under the proposal the majority has We are very concerned about Medi- We must keep Medicare a first-class put out. Without these payments, nurs- care. Why? Because today Medicare program, something we are all proud of ing homes could force patients to leave S 18914 CONGRESSIONAL RECORD — SENATE December 19, 1995 unless the families pay for care. This Rev. Richard Halverson. In his position wanted to live in a country that was was not just dreamed up. If you read as the U.S. Senate Chaplain for the free and they wanted their children and the Washington Post and other major past 14 years, Reverend Halverson their grandchildren to live in a nation newspapers, that came out yesterday, acted as spiritual leader to me person- that was free. My grandparents did not and that is what the story says. Fami- ally, as well as to the entire Senate. come here pursuing government bene- lies are going to have to start paying. His unwavering devotion, knowledge, fits. They believed in their own capac- Mr. President, I have a lot more to and guidance have been a powerful ex- ity to do things, and they wanted a say. I am only going to say that we ample of living by one’s convictions. It place where they would have a chance have a lot of problems with the deficit is an example from which we should de- to enjoy the freedom to do the things that comes every year. We have a big- rive inspiration as we search for the they wanted. ger problem with the debt that is accu- true meaning in our lives. I will keep My parents did better in America mulating. That was not done with the the family of Reverend Halverson in than their parents. My parents were Democratic administrations. We have my thoughts and prayers during their very hard-working folks. Neither of $5 trillion in debt. I hope that we will time of grief. them had a college education. My dad not only talk about balancing the f worked almost 20 years as a UAW budget on a yearly basis but we talk THE IMMIGRATION REFORM member on an assembly line in an about doing something with the under- DEBATE Oldsmobile factory in Lansing, MI. lying debt. I hope that is something After that, he and my mom started a that is addressed in the immediate fu- Mr. ABRAHAM. Mr. President, I small business. They worked hard; 6 ture. Not only should we be concerned would like to set forth my general con- sometimes 7 days a week in order to about the annual deficits, but the un- cerns about S. 1394, a bill passed out of give me and my sisters a chance to derlying $5 trillion in debt is some- the Judiciary Subcommittee on Immi- share in the American Dream—to have thing we must address. gration a few weeks ago. In general, more freedom and opportunity than f this bill would combine measures they did. Their hard work has allowed aimed at reducing illegal immigration me to succeed in turn; I was the first MORNING BUSINESS with dramatic reductions in legal im- child in our family to go to college. Mr. LOTT. Mr. President, I ask unan- migration. In my view, illegal and Unfortunately, I believe that this bill imous consent that there now be a pe- legal immigration are very different is- will make it more difficult for people riod for the transaction of routine sues. Illegal immigration is a signifi- like my grandparents to come to Amer- morning business with Senators per- cant national problem, one that we ica. mitted to speak therein for up to 5 should address by discussing ways to Specifically, S. 1394 would signifi- minutes each. deal with people who cross our borders cantly reduce the quotas for legal im- The PRESIDING OFFICER. Without unlawfully. In contrast, legal immi- migration, restrict immigration as a objection, it is so ordered. grants are overwhelmingly law-abiding means to re-unite separated families, f and hardworking people who contrib- and eliminate whole categories of legal ute to our economy and our society. immigration. 1995 YEAR END REPORT We should deal with the real problem I believe these measures will cause The mailing and filing date of the of illegal immigration without retreat- real harm to our economy and to our 1995 year end report required by the ing from America’s historic commit- Nation as a whole. Most damaging, Federal Election Campaign Act, as ment to legal immigration. amended, is Wednesday, January 31, Mr. President, I would like to make they will keep us from benefiting from 1996. Principal campaign committees an obvious point: America is a land of the hard work, experience and exper- supporting Senate candidates file their immigrants. For most of our history tise of legal immigrants. reports with the Senate Office of Pub- we have welcomed anyone with the de- Immigrants are the ultimate entre- lic Records, 232 Hart Building, Wash- sire and fortitude necessary to come preneurs. They are people willing to ington, DC 20510–7116. here in search of a better life. risk it all in a new and different land. The Public Records office will be Lady Liberty has held our door open They are self-selected and seek to open from 8 a.m. to 7 p.m. on the filing to the teeming masses of the world, not make a better life for themselves and date to accept these filings. In general, out of pity, but out of respect for our their families. reports will be available the day after Nation’s immigrant roots, and in the As economist Thomas Sowell writes receipt. For further information, please knowledge that immigrants made this in his Ethnic America: A History: contact the Public Records Office on country strong and prosperous, and The fact that immigrants not only equal, (202) 224–0322. will continue to do so, so long as we let but eventually surpass, their native-born f them. counterparts suggests that they brought We as a people will remain a vibrant, some advantage in terms of human capital, REGISTRATION OF MASS shining example to the world, so long that migration is a selective process, bring- MAILINGS ing the more ambitious or venturesome or as we continue to look out to that able elements of a population. The filing date for 1995 fourth quarter world, welcoming those who would join mass mailings is January 25, 1996. If us in building a free and open society. Mr. President, these are the kind of your office did no mass mailings during We have every right and even respon- people we want to become Americans. this period, please submit a form that sibility to expect those who come to These are the kind of people who sac- states ‘‘none.’’ our land to live up to our standards of rifice so their children can rise to the Mass mailing registrations, or nega- decency and responsibility. We can and top of their class. tive reports, should be submitted to should expect able-bodied immigrants Immigrants also create a brain gain the Senate Office of Public Records, 232 to work. We can and should expect for the United States. One in three peo- Hart Building, Washington, DC 20510– them to forego the often debilitating ple who have graduated from college in 7116. effects of welfare. engineering in this country is an immi- The Public Records office will be But we should not slam the door shut grant, according to the National Re- open from 8 a.m. to 6 p.m. on the filing to people yearning to be free, and to search Center. date to accept these filings. For further build a better life for themselves and Immigrant expertise is widespread information, please contact the Public their families. and impressive. In the 20th century be- Records Office on (202) 224–0322. My grandparents were all immi- tween 20 and 50 percent of all Nobel f grants. They came to this country Prize winners, depending on the dis- from Lebanon about a century ago in cipline involved, have been immigrants TRIBUTE TO REV. RICHARD C. search of freedom. None of the four to the United States. As of 1988 there HALVERSON could speak English. And they had few were more Russian Nobel Prize winners Mr. MACK. I rise today to extend my material resources to speak of. But living in the United States than living heartfelt condolences to the family of they came to America because they in Russia. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18915

These highly educated, highly skilled placed in the RECORD immediately fol- Cato Institute. In that report he states immigrants are essential to the com- lowing my remarks. unequivocally: ‘‘The studies uniformly petitiveness of America’s high-tech- The PRESIDING OFFICER. Without show that immigrants do not increase nology industries. Consider Intel, one objection, it is so ordered. the rate of native unemployment.’’ of the most prolific and expanding (See exhibit 1.) It’s as simple as that. Immigrants do companies in the United States, em- Mr. ABRAHAM. Mr. President, low- not increase unemployment. In fact, ploying tens of thousands of American ering the legal immigrant quota will Mr. President, immigrants do not take workers. lower the benefit we can gain from jobs, they crate jobs. By advancing our Intel constantly develops cutting hard-working and highly-skilled immi- technology, by developing better prod- edge technologies that will define the grants. Tightening restrictions on fam- ucts, by starting new businesses and by computer industry in the 21st century. ily unification also will cost us a great themselves consuming goods, immi- And it is doing all of this with a great deal. It will cost us our principles be- grants expand and create whole new deal of help from America’s newest im- cause we know well that U.S. citizens areas of production employing thou- migrants. should be able to bring their elderly sands of native-born Americans. At one point not long ago three mem- parents to this country after he has es- This brings us to the second mis- bers of Intel’s top management, includ- tablished himself here. And we know taken assumption underlying attempts ing chief executive officer Andrew S. well that others, adult sisters and to restrict immigration: that legal im- Grove, from Hungary, were immi- brothers and other relatives, particu- migrants are a drain on the public cof- grants. larly those living under the many re- fers. Intel and other high-technology pressive regimes in this world, should Mr. President, when total govern- firms must seek out and hire immi- be allowed to join their relatives in the ment expenditures per capita are con- grants because the demand for highly land of freedom. sidered, the government spends about skilled workers exceeds the supply. And keeping families separated also one third less per immigrant than it After recruiting on American cam- will be bad for our economy. Skilled does per native. This is because immi- puses, these companies still do not workers will be less likely to come to grants are more likely than natives to have enough highly skilled engineers, America if they know that they will be of working age. They pay into the scientists, and computer specialists not be allowed to reunite their fami- tax system without taking out, for ex- they need to remain competitive. Only lies. Most people are reluctant to move ample, Social Security payments. Fur- because their need is real do companies out of town if they cannot see their ther, refugees fleeing persecution auto- go through the trouble, expense and families. In my view, America will not matically qualify for government bene- government paperwork necessary to be able to attract the ‘‘best and the fits when they are admitted into the hire foreign workers. brightest’’ from around the world if we United States. If we factor out the use But productive immigrants are not impose barriers that prevent people of welfare among refugees, immigrants just computer programmers in Silicon from re-uniting with their parents and or working age are less likely to use Valley. Arab-Americans in Dearborn siblings. welfare than are the native born. and Detroit, Vietnamese in Arlington, Mr. President, in my view S. 1394’s As Julian Simon of the University of Cubans in Miami, and a number of provisions restricting legal immigra- Maryland reported recently in the Wall other immigrant groups in a number of tion are misconceived; they are mis- Street Journal, ‘‘the immigrant family cities have revitalized America’s urban conceived because they are based on contributes yearly about $2,500 more in areas. misconceptions: first, that immigrants taxes to public coffers than it obtains Whether it is the Korean grocer or take jobs away from Americans who in services.’’ And those who still fear the Chinese restaurateur, our urban need them, second, that immigrants the costs of immigration should re- areas in particular owe a great deal to are a drain on our governments and member a policy option which we al- entrepreneurial, hard-working immi- third, that immigrants are a danger to ready have substantially put in place: grants willing to take chances, to start our culture. ‘‘immigration yes, welfare no.’’ small businesses in areas others have Contrary to popular myth, immi- Current law already forbids almost ignored. grants do not increase the rate of un- all immigrants from receiving welfare Mr. President, immigration is not a employment among American workers. for their first three years in this coun- zero-sum game in which every job that There is a great deal of empirical evi- try. We can legitimately toughen these goes to a foreign-born worker means dence to support this position. standards. And our welfare reform bill one less job for an American worker. First, the Alexis de Tocqueville Insti- does so by denying noncash benefits Immigration is a positive-sum gain for tution studied immigration patterns such as supplemental security income Americans in terms of jobs, living over the long term in America. They and food stamps to immigrants. standards, and economic growth. When found that, historically, periods of But we should recognize that the a business adds a new resource—wheth- heavy immigration have not been asso- vast majority of immigrants are work- er it is a labor or capital resource—it ciated with subsequent higher than ing hard, in real jobs that add to the generates more jobs, more income, and normal unemployment. well-being of our people and our coun- more opportunities for Americans, not Second, the Manhattan Institute try. less. This is especially true when the compared the ten states with the high- There is one final misconception un- resource is a talented, creative, and in- est immigrant presence with the ten derlying S. 1394’s provisions restricting ventive worker. As George Gilder states with the lowest immigrant pres- immigration. It has been said that points out, the beneficial impact of im- ence and found that the high-immi- America needs a reduction in immigra- migrants on the U.S. economy ‘‘is over- grant states actually had lower unem- tion for the sake of our culture. whelming and undeniable: it is all ployment rates, in the aggregate, than Some Americans have expressed con- around us, in a spate of inventions and did the low-immigrant states. cern about a new wave of immigrants, technical advances, from microwaves The median unemployment rate in bringing new customs and ways of life and air bags to digital cable and sat- States with large immigrant popu- to our shores. ellite television, from home computers lations was 5.1 percent while that for Despite the scare tactics we some- and air conditioners to cellular phones the 10 States with low immigrant popu- times hear, however, immigrants are and lifesaving pharmaceutical and lations was 6.6 percent—a full 1.5 per- not breaking down our culture. First, medical devices.’’ Mr. Gilder estimates cent difference. Mr. President, immigrants are not that without immigration over the last I could go on, Mr. President, but coming to America in unprecedented 50 years, U.S. real living standards there is no need. Let me instead quote numbers. Professor Simon’s cautious would be at least 40 percent lower. Mr. Julian Simon. This University of Mary- estimate, based on census data, is that President, I ask unanimous consent land professor and author of the semi- as of 1990, immigrants made up only 8.5 that an article by George Gilder on the nal work on ‘‘The Economic Con- percent of our population. That com- economic benefits of immigration in sequences of Immigration’’ recently pares with averages over 13 percent be- yesterday’s Wall Street Journal be finished an immigration report for the tween 1860 and 1920. As a proportion of S 18916 CONGRESSIONAL RECORD — SENATE December 19, 1995 the total population, then, immigrant for this reason that the Nation Federa- ica? It is my hope that we will choose numbers have dropped by more than a tion of Independent Businesses—Ameri- the shining city. third. ca’s leading small business organiza- I yield the floor. What is more, the Manhattan Insti- tion—strongly opposes the I.D. system tute’s ‘‘Index of Leading Immigration in S. 1394. EXHIBIT 1 Indicators’’ shows that, compared with It is clear that the system itself will [From the Wall Street Journal, Dec. 18, 1995] the native born, immigrants are more not work. It will be riddled with errors. GENIUSES FROM ABROAD likely to have intact families, more Indeed, current Social Security Admin- likely to have college degrees, more istration files and error rates show a (By George Gilder) likely to be working, and no more like- probable error rate of between 25 and 28 The current immigration debate founders ly to commit crimes than native born percent for the new system, making it on ignorance of one huge fact: Without im- Americans. far from effective. Even assuming an migration, the U.S. would not exist as a We are not being swamped by unman- error rate of only 3 percent, the system world power. Without immigration, the U.S. ageable numbers of immigrants. Fur- could not have produced the computerized would put in bureaucratic limbo or weapons that induced the Soviet Union to ther, Mr. President, immigrants are even deny jobs to 2 million Americans, surrender in the arms race. Without immi- like the rest of us in all the ways that most of them native-born U.S. citizens. gration, the U.S. could not have built the matter. They are hard-working, fam- Advocates of the proposed I.D. sys- atomic bomb during World War II, or the hy- ily-oriented people who come here to tem in S. 1394 claim that it is only a drogen bomb in the early 1950s, or interconti- make a better life for themselves and ‘‘pilot project’’ that would cover work- nental missiles in the 1960s, or MIRVs in the their children. They are, in fact, the ers in just five States. However, these 1970s, or cruise missiles for the Gulf War in kind of people each and every one of us States—Texas, Florida, Illinois, New the 1990s. would and should be happy and proud York and California—have a population Today, immigrants are vital not only for to have as neighbors. greater than that of Mexico, indeed of targeted military projects but also for the It seems clear to me, Mr. President, all but the 10 largest countries in the wide range of leading-edge ventures in an in- formation age economy. No less than mili- that legal immigration is a boon to our world. According to Stuart Anderson of tary superiority in previous eras, U.S. indus- Nation’s economy and society. Unfor- the Cato Institute, employers in these trial dominance and high standards of living tunately, S. 1394 tends to obscure the States would have to check the legal today depend on outsiders. benefits of legal immigration because status of each new hire—an estimated Every high-technology company, big or it contains provisions addressing ille- 22 million annually in these five small, is like a Manhattan Project. All must gal immigration as well. Indeed, much States—through this government I.D. mobilize the personnel best trained and most of the driving force behind S. 1394 is di- system. able to perform a specific function, and de- rected, not at those who legally come In my judgment, we should reject the liver a product within a window of oppor- to this country, but at those who come national I.D. Cards and other similar tunity as fateful and remorseless as a war here illegally. We can address the ille- schemes designed to control illegal im- deadline. This requires access to the small elite of human beings in the world capable of gal immigration problem through bet- migration because they will result in pioneering these new scientific and engineer- ter border policing and better and more government intrusion in the af- ing frontiers. For many specialized high- swifter methods of deportation, par- fairs of U.S. citizens and businesses. technology tasks, the pool of potential tal- ticularly in regard to criminal illegal I am also troubled by other aspects of ent around the world numbers around 10 peo- aliens. And as I mentioned earlier, we this bill that I will comment upon in ple, or even fewer. have addressed the welfare magnet more detail in the near future. For ex- THE RIGHT PEOPLE problem in our welfare reform bill. ample, I am very concerned about the That’s why I think we should split S. proposed border tax, which would in ef- If you are running such a technology com- fect discourage foreign tourists from pany, you will quickly discover that the ma- 1394 and move on illegal immigration jority of this cognitive elite are not citizens reform separately from legal immigra- spending their money in this country. of your country. Unless you can find the tion reform. The debate over immigration reform right people wherever they may be, you will But even some of the illegal immi- will be a major issue in this chamber not be able to launch the exotic innovation gration components of S. 1394 go much over the next year. I hope that we in that changes the world. Unless you can fill farther than is necessary. Illegal immi- this body will, first, reject some of the the key technology jobs, you will not create grants now constitute 1.5 percent of severe provisions of S. 1394 and second, any other jobs at all, and your country will our population. That is too high a per- move separately on bills dealing with forgo the cycle of new products, skills, and centage, but we need to examine more legal and illegal immigration. This businesses that sustain a world-leading standard of living. effective—and less intrusive ways—to would constitute a statement of con- control illegal immigration. fidence in ourselves, in our nation and Discussing the impact of immigration, economists and their followers are beady- This legislation proposes to end ille- in the ability of immigrants, when ex- eyed gnatcatchers, expert on the movements gal immigration by requiring a na- tended the opportunities of our land to of cabbage pickers and au pair girls and the tional Identification system for all em- become productive members of our possible impact of Cubans on Miami wage ployees. In order to get a new job, communities. levels. But like hunters in a cartoon, they ig- every American will have to prove his In closing Mr. President, I believe nore the tyrannosaurus rex crouching behind or her citizenship by showing that he that our immigration policy both re- them. Thus sophisticated analysts, such as or she is listed on a specific, national flects and projects our Nation’s char- George Borjas of the University of Califor- computer registry. acter and level of decency. One man nia, San Diego, and artful writers, such as Before an employer can hire a new above all said it best. In his farewell Peter Brimelow, conclude that the impact of immigration on the U.S. economy is slight worker that employer will have to con- address to the Nation, President Ron- or negligible. ald Reagan declared: tact the Federal Government for ver- In fact, the evidence is overwhelming and ification of the would-be employee’s I’ve spoken of the shinning city all my po- undeniable; it is all around us, in a spate of citizenship. Thus we will construct a litical life, but I don’t know if I ever quite inventions and technical advances, from vast new Government bureaucracy, communicated what I saw when I said it. But microwaves and air bags to digital cable and with vast new powers and, Mr. Presi- in my mind it was a tall, proud city built on satellite television, from home computers dent, with cast new costs. rocks stronger than oceans, windswept, God- and air conditioners to cellular phones and blessed, and teeming with people of all kinds Current estimates suggest that, with lifesaving pharmaceuticals and medical de- living in harmony and peace, a city with free vices. Without immigration over the last 50 a national I.D. system, each work place ports that hummed with commerce and cre- would have to spend nearly $800 for years, I would estimate that U.S. real living ativity. And if there had to be city walls, the standards would be at least 40% lower. equipment alone. And the Immigration walls had doors and the doors were open to The underplaying of immigration as an and Naturalization Service Telephone anyone with the will and heart to get here. economic force stems from a basic flaw in That’s how I saw it and see it still. Verification Pilot System, often seen macroeconomic analysis. Economists fail to as a prototype for the new I.D. System, The question for America is this: account for the indispensable qualitative ef- shows that operating costs could put Shall we have a shining city on a hill fects of genius. Almost by definition, genius many companies out of business. It is or will we construct a fortress Amer- is the ability to generate unique products December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18917 and concepts and bring them to fruition. FREEDOM OF ENTERPRISE one of its reading clerks, announced Geniuses are literally thousands of times In recent congressional testimony, Ira that the House has passed the follow- more productive than the rest of us. We all Rubenstein, a Microsoft attorney, declared ing bills, in which it requests the con- depend on them for our livelihoods and op- that immigration bars could jeopardize the currence of the Senate: portunities. 58 percent of its revenue generated overseas, H.R. 418. An act for the relief of Arthur J. The feats of genius are necessarily difficult threaten American dominance of advanced to identify or predict, except in retrospect. Carron, Jr. ‘‘client-server’’ business applications, and H.R. 419. An act for the relief of Bench- But judging from the very rough metric of render ‘‘stillborn’’ the information super- mark Rail Group, Inc. awards of mathematical doctorates and highway. In particular, Corning and other H.R. 1315. An act for the relief of Kris other rigorous scientific and engineering de- producers of fiber-optic technology have Murty. grees, prizes, patents, and publications, faced a severe shortage of native engineers ENROLLED BILL SIGNED about a third of the geniuses in the U.S. are equipped to pursue this specialty crucial to foreign born, and another 20% are the off- both telecommunications and medical in- The message also announced that the spring of immigrants. A third of all Amer- struments. Speaker has signed the following en- ican Nobel Prize winners, for example, were With U.S. high school students increas- rolled bill: born overseas. ingly shunning mathematics and the hard H.R. 660. An act to amend the Fair Housing A stellar example of these elites in action sciences, America is the global technology Act to modify the exemption from certain is Silicon Valley in California. Silicon Val- and economic leader in spite of, not because familial status discrimination prohibitions ley companies have reduce the price of com- of, any properties of the American gene pool granted to housing for older persons. puter MIPs and memory bits by a factor of or dominant culture. America prevails only The enrolled bill was signed subse- 1 some 10,000 in 2 ⁄2 decades. Although main- because it offers the freedom of enterprise quently by the President pro tempore stream economists neglect to measure the and innovation to people from around the qualitative impact of these innovations, world. (Mr. THURMOND). most of the new value in the world economy A decision to cut back legal immigration At 3:59 p.m., a message from the over the last decade has stemmed, directly today, as Congress is contemplating, is a de- or indirectly, from the semiconductor and cision to wreck the key element of the House of Representatives, delivered by computer industries, both hardware and soft- American technological miracle. After Ms. Goetz, one of its reading clerks, an- ware. botching the issues of telecom deregulation nounced that the House has passed the Consider Intel Corp. Together with its par- and tax rate reduction, and wasting a year following bills, in which it requests the ent, Fairchild Semiconductor, Intel devel- on Hooverian myths about the magic of a concurrence of the Senate: oped the basic processes of microchip manu- balanced budget, the Republican Congress H.R. 2203. An act to reauthorize the tied facture and created dynamic and static ran- now proposes to issue a deadly body blow to aid credit program of the Export-Import dom access memory, the microprocessor, and the intellectual heart of U.S. growth. Con- Bank of the United States, and to allow the the electrically programmable read-only gress must not cripple the new Manhattan Export-Import Bank to conduct a dem- memory. In other words, Intel laid the foun- Projects of the U.S. economy in order to pur- onstration project. dations for the personal computer revolution sue some xenophobic and archaic dream of H.R. 2627. An act to require the Secrtary of and scores of other chip-based industries ethnic purity and autarky. the Treasury to mint coins in commemora- that employ the vast bulk of U.S. engineers f tion of the sesquicentennial of the founding today. of the Smithsonian Institution. Two American-born geniuses, Robert THE BAD DEBT BOXSCORE H.R. 2808. An act to extend authorities Noyce and Gordon Moore, were key founders Mr. HELMS. Mr. President, the Fed- under the Middle East Facilitation Act of of Fairchild and Intel. But their achieve- 1994 until March 31, 1996, and for other pur- ments would have been impossible without eral Government is running on bor- poses. rowed time, not to mention borrowed the help of Jean Hourni, inventor of planar The message also announced that the money—nearly $5 trillion of it. As of processing; Dov Frohmann-Benchkowski, in- House has agreed to the following con- ventor of electrically erasable programmable the close of business Monday, Decem- current resolution, without amend- ROMs; Federico Faggin, inventor of silicon ber 18, the Federal debt stood at ment: gate technology and builder of the first $4,989,213,998,043.63. On a per capita microprocessor; Mayatoshi Shima, layout basis, every man, woman, and child in S. Con. Res. 22. Concurrent resolution ex- pressing the sense of the Congress that the designer of key 8086 family devices; and of America owes $18,939.14 as his or her course Andrew Grove, the company’s now re- United States should participate in Expo ’98 vered CEO who solved several intractable share of the Federal debt. in Lisbon, Portugal. problems of the metal oxide silicon tech- More than two centuries ago, the nology at the heart of Intel’s growth. All Continental Congress adopted the Dec- At 8:02 p.m., a message from the these Intel engineers—and hundreds of other laration of Independence. It’s time for House of Representatives, delivered by key contributors—were immigrants. Congress to adopt a Declaration of Eco- Ms. Goetz, one of its reading clerks, an- The pattern at Intel was repeated through- nomic Responsibilities and an amend- nounced that the House has passed the out Silicon Valley, from National Semi- ment requiring the President and Con- following bills, in which it requests the conductor and Advanced Micro Devices to gress to come up with a balanced Fed- concurrence of the Senate: Applied Materials, LSI Logic, Actel, Atmel, H.R. 1398. An act to designate the United Integrated Device Technologies, Xicor, Cy- eral budget—beginning right now. States Post Office building located at 1203 press, Sun Microsystems and Hewlett-Pack- f Lemay Ferry Road, St. Louis, Missouri, as ard, all of which from the outset heavily de- MESSAGES FROM THE PRESIDENT the ‘‘Charles J. Coyle Post Office Building.’’ pended on immigrants in the laboratories Messages from the President of the H.R. 1880. An act to designate the United and on engineering workbenches. LSI, IDT, States Post Office building located at 102 Actel, Atmel, Xicor, and Sun were all found- United States were communicated to South McLean, Lincoln, Illinois, as the ‘‘Ed- ed or led by immigrants. Today, fully one- the Senate by Mr. Thomas, one of his ward Madigan Post Office Building.’’ third of all the engineers in Silicon Valley secretaries. H.R. 2029. An act to amend the Farm Credit are foreign born. f Act of 1971 to provide regulatory relief, and Now, with Silicon Valleys proliferating for other purposes. throughout the U.S. economy, with Silicon EXECUTIVE MESSAGES REFERRED H.R. 2262. An act to designate the United Deserts, Prairies, Mountains, and even States Post Office building located at 218 Alleys being hopefully launched from Man- As in executive session, the Presiding Officer laid before the Senate messages North Alston Street, in Foley, Alabama, as hattan to Oregon, immigration becomes ever the ‘‘Holk Post Office Building.’’ more vital to the future of the U.S. economy. from the President of the United H.R. 2704. An act to provide that the Unit- And microchips are just the beginning. On States submitting sundry nominations ed States Post Office building that is to be the foundation of silicon have arisen world- which were referred to the appropriate located on the 7436 South Exchange Avenue, leading software and medical equipment in- committees. Chicago, Illinois, shall be known and des- dustries almost equally dependent on immi- (The nominations received today are ignated as the ‘‘Charles A. Hayes Post Office grants. As spearhead of the fastest growing printed at the end of the Senate pro- Building.’’ U.S. industry, software, Microsoft offers The message also announced that the some of the most coveted jobs in the U.S. ceedings.) economy. But for vital functions, it still f House has agreed to the following con- current resolutions, in which it re- must turn to immigrants for 5% of its do- MESSAGES FROM THE HOUSE mestic work force, despite the difficult and quests the concurrence of the Senate: expensive legal procedures required to im- At 2:15 p.m., a message from the H. Con. Res. 106. Concurrent resolution per- port an alien. House of Representatives, delivered by mitting the use of the rotunda of the Capitol S 18918 CONGRESSIONAL RECORD — SENATE December 19, 1995 for a ceremony to commemorate the days of Executive Office of the President, transmit- forests and state and private forest remembrance of victims of the Holocaust. ting, pursuant to law, the cumulative report ecosystems; and H. Con. Res. 123. Concurrent resolution to on rescissions and deferrals dated December ‘‘Whereas the new strategic plan has seem- provide for the provisional approval of regu- 1, 1995; referred jointly, pursuant to the order ingly turned away from commitment to- lations applicable to certain covered employ- of January 30, 1975, as modified by the order wards providing a continuous flow of renew- ing offices and covered employees and to be of April 11, 1986, to the Committee on Appro- able resources to meet the public need, as di- issued by the Office of Compliance before priations, Committee on the Budget, Com- rected in the Organic Act, Multiple-Use Sus- January 23, 1996. mittee on Finance, Committee on Foreign tained Yield Act of 1960, the National Forest f Relations. Management Act, and other Acts of the Con- EC–1738. A communication from the Chief gress; and MEASURES REFERRED Justice of the Supreme Court, transmitting, ‘‘Whereas, under the new strategic plan, The following bills were read the first a notice relative to funding of the Judiciary; the Forest Service is more inclined to and second times by unanimous con- to the Committee on Appropriations. present a nebulous plan for ecosystem man- EC–1739. A communication from the Comp- agement where resource yields are simply sent and referred as indicated: troller of the Currency, Administrator of Na- the by-products of management, with no pre- H.R. 418. An act for the relief of Arthur J. tional Banks, transmitting, pursuant to law, dictable flows or commitments to supply lev- Carron, Jr., to the Committee on Armed the annual report on compliance by insured els to sustain human life: Be it Services. depository institutions with the national ‘‘Resolved, That the Alaska State Legisla- H.R. 419. An act for the relief of Bench- flood insurance program; to the Committee ture calls upon the newly designated Sec- mark Rail Group, Inc; to the Committee on on Banking, Housing, and Urban Affairs. retary of Agriculture to suspend implemen- Environment and Public Works. EC–1740. A communication from the Ad- tation of the reinvention project’s strategic H.R. 1315. An act for the relief of Kris ministrator of the Environmental Protection plan approved by Secretary Espy to allow for Murty, to the Committee on Armed Services. Agency, transmitting, pursuant to law, the Congressional review and for consultation H.R. 1398. An act to designate the United National Water Quality Inventory Report for with local governments; and be it further Post Office building located at 1203 Lemay calendar year 1994; to the Committee on En- ‘‘Resolved, That the United States Depart- Ferry Road, St. Louis, Missouri, as the vironment and Public Works. ment of Agriculture, Forest Service, conduct ‘‘Charles J. Coyle Post Office Building’’; to EC–1741. A communication from the Sec- true partnership meetings with states, com- the Committee on Governmental Affairs. retary of Labor, transmitting, pursuant to munities, tribal governments, and ANCSA H.R. 1880. An act to designate the United law, the annual report on the trade and em- corporations to develop a new strategic plan; States Post Office building located at 102 ployment effects of the Andean Trade Pref- and be it further South McLean, Lincoln, Illinois, as the ‘‘Ed- erence Act (ATPA); to the Committee on Fi- ‘‘Resolved, That the Forest Service ac- ward Madigan Post Office Building’’; to the nance. knowledge the United States Department of Committee on Governmental Affairs. f Agriculture’s legal obligations to rebuild, re- H.R. 2029. An act to amend the Farm Credit store, and promote the economic stability of Act of 1971 to provide regulatory relief, and PETITIONS AND MEMORIALS forest dependent communities; and be it fur- for other purposes; to the Committee on Ag- ther riculture, Nutrition, and Forestry. The following petitions and memori- als were laid before the Senate and ‘‘Resolved, That, in keeping with federal H.R. 2262. An act to designate the United law, timber commodities are a primary not a States Post Office building located at 218 were referred or ordered to lie on the residual value of forest management; and be North Alston Street in Foley, Alabama, as table as indicated: it further the ‘‘Holk Post Office Building’’; to the Com- POM–483. A resolution adopted by the Leg- ‘‘Resolved, That the United States Depart- mittee on Govenmental Affairs. islature of the State of Alaska; to the Com- ment of Agriculture, Forest Service, through H.R. 2704. An act to provide that the Unit- mittee on Agriculture, Nutrition, and For- a true partnership with local communities, ed States Post Office building that is to be estry: identify and implement strategies for decen- located on the 7436 South Exchange Avenue, ‘‘LEGISLATIVE RESOLVE NO. 18 tralizing decision making and empowering Chicago, Illinois, shall be known and des- state and local governments to more effec- ‘‘Whereas the United States Department of ignated as the ‘‘Charles A. Hayes Post Office tively manage forest ecosystems to assure Agriculture, Forest Service, has issued a new Buidling’’; to the Committee on Govern- community stability, improve service to the strategic plan known as ‘‘Reinvention of the mental Affairs. public, and reduce government cost. Forest Service’’; and ‘‘Copies of this resolution shall be sent to The following concurrent resolutions ‘‘Whereas this plan has far-reaching impli- the Honorable Bill Clinton, President of the were read and referred as indicated: cations and was developed without consulta- United States; the Honorable Al Gore, Jr., H. Con. Res. 106. Concurrent resolution per- tion with key elected leaders, including Vice-President of the United States and mitting the use of the rotunda of the Capitol state governors, members of the United President of the U.S. Senate; the Honorable for a ceremony to commemorate the days of States Congress, or community, tribal gov- Dan Glickman, Secretary of Agriculture; the remembrance of victims of the Holocaust; to ernment, and the Alaska Native Claims Set- Honorable Bruce Babbitt, Secretary of the the Committee on Rules and Administration. tlement Act (ANCSA) corporate leaders in Interior; Jack Ward Thomas, Chief of the H. Con. Res. 123. Concurrent resolution to contradiction of President Clinton’s Execu- Forest Service, U.S. Department of Agri- provide for the provisional approval of regu- tive Order No. 12875 ‘‘Enhancing Intergovern- culture; and the Honorable Ted Stevens and lations applicable to certain covered employ- mental Partnerships’’; and the Honorable Frank Murkowski, U.S. Sen- ing offices and covered employees and to be ‘‘Whereas Vice-President Gore’s ‘‘Report ators, and the Honorable Don Young, U.S. issued by the Office of Compliance before on Reinventing Government’’ was developed Representative, members of the Alaska dele- January 23, 1996; to the Committee on Rules with the promised intent of empowering gation in Congress.’’ and Administration. local governments and decentralizing deci- sion-making power; and f POM–484. A resolution adopted by the Leg- ‘‘Whereas the ‘‘Reinvention of the Forest islature of the State of Alaska; to the Com- MEASURE READ THE FIRST TIME Service’’ strategic plan approved by Sec- mittee on Commerce, Science, and Transpor- retary of Agriculture Mike Espy, just before The following joint resolution was tation. read the first time: his resignation, eliminates the very founda- tion of locally based authority that had the ‘‘LEGISLATIVE RESOLVE NO. 22 H.J. Res. 132. Joint resolution affirming responsibility of working with states, local ‘‘Whereas 46 U.S.C. Appx. 861–889 (Merchant that budget negotiations shall be based on communities, tribal governments, and Marine Act of 1920), commonly known as the the most recent technical and economic as- ANCSA corporations and masks and diffuses Jones Act, requires that seaborne shipping sumptions of the Congressional Budget Of- decision-making authority and withdraws it between United States ports be done on ves- fice and shall achieve a balanced budget by to Washington, D.C., making the Forest sels that have been constructed in the Unit- fiscal year 2002 based on those assumptions. Service less responsive to local concerns; and ed States and that are crewed by United f ‘‘Whereas moving the Alaska Region For- States crews; and est Service office to Portland, Oregon, is an ‘‘Whereas this requirement has resulted in EXECUTIVE AND OTHER example of the flawed science being used to much higher costs for shipping bulk com- COMMUNICATIONS define ecosystems and ecological boundaries; modities on United States vessels between The following communications were and domestic ports than for shipping those com- laid before the Senate, together with ‘‘Whereas the newly defined purpose of the modities on foreign carriers between United accompanying papers, reports, and doc- Forest Service to promote the sustainability States and foreign ports; and of ecosystems without specifically retaining ‘‘Whereas there are currently no bulk car- uments, which were referred as indi- the traditional Forest Service objective of riers constructed in the United States that cated: promoting community stability has already are capable of servicing the large-scale EC–1737. A communication from the Direc- created problems and crises for hundreds of movement of Alaska coal and coal derived tor of the Office of Management and Budget, communities dependent upon the national fuels; and December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18919 ‘‘Whereas, because the transportation cost ‘‘Whereas the legal process for developing REPORTS OF COMMITTEES for a high-tonnage, low-value bulk commod- a final resolution to the jurisdictional ques- The following reports of committees ity is often a significant part of the total de- tions is extremely slow, and major social and livered cost of that commodity, a higher economic disruption is imminent if the fed- were submitted: shipping cost can frequently keep a bulk eral government continues on a course to il- By Mr. MURKOWSKI, from the Committee commodity from being competitive; and legally and unconstitutionally preempt state on Energy and Natural Resources, without ‘‘Whereas Alaska coal and coal derived management of fish and wildlife; and amendment: fuels are a potential fuel source for utilities ‘‘Whereas the Congress specifically de- S. 1196. A bill to transfer certain National and industries on the west coast of the Unit- clined to grant preemption authority to the Forest System lands adjacent to the town- ed States and in Hawaii; and Secretary of the Interior and the Secretary site of Cuprum, Idaho (Rept. No. 104–189). By Mr. WARNER, from the Committee on ‘‘Whereas the current difference between of Agriculture in ANILCA; and Jones Act shipping rates and foreign ship- Rules and Administration, without amend- ‘‘Whereas the Congress specifically reem- ment: ping rates has made the delivered cost of for- phasized that the jurisdiction and authority eign coal significantly less expensive than S. 426. A bill to authorize the Alpha Phi of the state were to be maintained; and Alpha Fraternity to establish a memorial to domestic coal as evidenced by the current ‘‘Whereas the Alaska State Legislature is supply agreements between a Hawaiian inde- Martin Luther King, Jr., in the District of confident that the Alaska delegation in the Columbia, and for other purposes (Rept. No. pendent power producer and an Indonesian Congress and the people of Alaska would coal supplier; and 104–190). never have agreed to the final compromise By Mr. D’AMATO, from the Special Com- ‘‘Whereas greatly increased coal usage fig- ANILCA package had they been advised that mittee To Investigate Whitewater Develop- ures prominently in the future generation ANILCA contained provisions to allow fed- ment Corporation and Related Matters, plans for Hawaiian utilities and thus will eral preemption of all state fish and wildlife without amendment and with a preamble: create prospective markets for Alaska coal; management in Alaska; and S. Res. 199. An original resolution direct- and ing the Senate Legal Counsel to bring a civil ‘‘Whereas it is the policy of the State of ‘‘Whereas the federal agencies and some action to enforce a subpoena of the Special Alaska under AS 44.19.035 to persuade the parties are arguing in recent court cases con- Committee to Investigate Whitewater Devel- Congress to repeal the Jones Act: Be it cerning state/federal jurisdiction that fed- opment Corporation and Related Matters to Resolved, That the Alaska State Legisla- eral reserved water rights and the naviga- tional servitude provide legal basis for a William H. Kennedy III (Rept. No. 104–191). ture opposes the application of the Jones Act By Mr. MURKOWSKI, from the Committee to bulk commodities, such as coal and coal claim of federal title to land and resources; and on Energy and Natural Resources, with an derived fuels, because of the Acts detrimen- amendment in the nature of a substitute: tal effect on Alaska commerce; and be it fur- ‘‘Whereas this interpretation of federal laws related to federal reserved water rights S. 884. A bill to designate certain public ther lands in the State of Utah as wilderness, and Resolved, That the Alaska State Legisla- and the navigational servitude is contrary to all existing related laws and policies adopted for other purposes (Rept. No. 104–192). ture respectfully requests the Congress to By Mrs. KASSEBAUM, from the Commit- by the Congress and threatens to undermine pass legislation exempting Alaska bulk com- tee on Labor and Human Resources, with an existing reserved water rights and navigable modities, such as coal and coal derived fuels, amendment in the nature of a substitute: waters policies that are critical to all west- from provisions of the Jones Act. S. 1180. A bill to amend title XIX of the ern states: Be it ‘‘Copies of this resolution shall be sent to Public Health Service Act to provide for the Honorable Bill Clinton, President of the ‘‘Resolved, That the Alaska State Legisla- health performance partnerships, and for United States; the Honorable Al Gore, Jr., ture respectfully and urgently requests the other purposes (Rept. No. 104–193). Vice-President of the United States and Congress to amend the Alaska National In- By Mr. CHAFEE, from the Committee on President of the U.S. Senate; the Honorable terest Lands Conservation Act (ANILCA) to Environment and Public Works, without Federico Pena, Secretary of the U.S. Depart- clarify that the original intent of the Con- amendment: ment of Transportation; the Honorable Newt gress was not to violate the Statehood Com- H.R. 965. A bill to designate the Federal Gingrich, Speaker of the U.S. House of Rep- pact or to preempt state management of fish building located at 600 Martin Luther King, resentatives; the Honorable Bob Dole, Major- and wildlife in Alaska; and be it further Jr. Place in Louisville, Kentucky, as the ity Leader of the U.S. Senate; and the Hon- ‘‘Resolved, That the Alaska State Legisla- ‘‘Romano L. Mazzoli Federal Building’’. orable Ted Stevens and the Honorable Frank ture respectfully requests that the Congress H.R. 1253. A bill to rename the San Fran- Murkowski, U.S. Senators, and the Honor- amend ANILCA to clarify that the definition cisco Bay National Wildlife Refuge as the able Don Young, U.S. Representative, mem- of ‘‘public lands’’ means only federal public Don Edwards San Francisco Bay National bers of the Alaska delegation in Congress.’’ land and water; and be it further Wildlife Refuge. ‘‘Resolved, That, while the federal courts S. 776. A bill to reauthorize the Atlantic POM–485. A resolution adopted by the Leg- are resolving the federal/state conflicts cre- Striped Bass Conservation Act and the Anad- islature of the State of Alaska; to the Com- ated by Title VIII of ANILCA, the Alaska romous Fish Conservation Act, and for other mittee on Energy and Natural Resources: State Legislature respectfully requests that purposes. S. 1315. A bill to designate the Federal Tri- ‘‘LEGISLATIVE RESOLVE NO. 26 the Congress amend ANILCA to expressly prohibit preemption of state jurisdiction on angle Project under construction at 14th ‘‘Whereas the State of Alaska entered into Street and Pennsylvania Avenue, Northwest, the Union on an equal footing with all other state and private land and water unless spe- cifically authorized by the Congress and the in the District of Columbia, as the ‘‘Ronald states, and the Statehood Compact specifi- Reagan Building and International Trade cally granted authority over fish and wildlife State of Alaska; and be it further ‘‘Resolved, That the Alaska State Legisla- Center’’. to the State of Alaska; and S. 1388. A bill to designate the United ture respectfully requests the Congress to ‘‘Whereas the issue of fisheries manage- States courthouse located at 800 Market clarify that neither ANILCA nor another fed- ment was one of the most prominent jus- Street in Knoxville, Tennessee, as the ‘‘How- eral law provides authority for the federal tifications for statehood; and ard H. Baker, Jr. United States Courthouse’’. agencies to claim title to resources or land ‘‘Whereas the State of Alaska contends f that the Statehood Compact cannot be le- through federal reserved water rights or gally modified by either party without the through the navigational servitude; and be it EXECUTIVE REPORTS OF consent of the other party; and further, COMMITTEES ‘‘Whereas the Congress and the President ‘‘Resolved, That the Alaska State Legisla- of the United States are presently embark- ture respectfully requests the Alaska delega- The following executive reports of ing on a campaign to return rights and au- tion in Congress to oppose any other amend- committees were submitted: thority to the states; and ments to ANILCA until the Congress takes By Mr. HATCH, from the Committee on ‘‘Whereas Title VIII of the Alaska National action to confirm state management and to the Judiciary: Interest Lands Conservation Act (ANILCA; limit the definition of ‘‘public lands.’’ Tommy Edward Jewell III, of New Mexico, P.L. 96–487), enacted in 1980, grants a subsist- ‘‘Copies of this resolution shall be sent to to be a Member of the Board of Directors of ence priority on federal public land in Alas- the Honorable Al Gore, Jr., Vice-President of the State Justice Institute for a term expir- ka; and the United States and President of the U.S. ing September 17, 1998. (Reappointment.) ‘‘Whereas the Secretary of the Interior and Senate; the Honorable Newt Gingrich, (The above nomination was reported the Secretary of Agriculture have threatened Speaker of the U.S. House of Representa- with the recommendation that he be unilateral federal preemption of state fish tives; the Honorable Strom Thurmond, confirmed.) and wildlife management on state and pri- President Pro Tempore of the U.S. Senate; vate land and water in Alaska; and the Honorable Bob Dole, Majority Leader of f ‘‘Whereas the State of Alaska, the federal the U.S. Senate; and to the Honorable Ted INTRODUCTION OF BILLS AND government, and other parties are attempt- Stevens and the Honorable Frank Murkow- JOINT RESOLUTIONS ing to sort out the complexities of the fed- ski, U.S. Senators, and the Honorable Don eral law related to jurisdictional issues cre- Young, U.S. Representative, members of the The following bills and joint resolu- ated by ANILCA; and Alaska delegation in Congress. tions were introduced, read the first S 18920 CONGRESSIONAL RECORD — SENATE December 19, 1995 and second time by unanimous con- in light of the BIA’s failure to accu- sor of S. 969, a bill to require that sent, and referred as indicated: rately account for its own budget, leg- health plans provide coverage for a By Mr. PRESSLER: islation is necessary. I look forward to minimum hospital stay for a mother S. 1485. A bill to require the Secretary of hearing from the BIA on this matter and child following the birth of the the Interior to submit a report on Indian and will work with my colleagues on child, and for other purposes. tribal school construction funds to certain this important issue. The bottom-line S. 1169 committees of Congress, and for other pur- goal is to provide native American At the request of Mr. KEMPTHORNE, poses; to the Committee on Indian Affairs. children a positive, healthy, and safe the name of the Senator from Idaho f environment to learn. [Mr. CRAIG] was added as a cosponsor of SUBMISSION OF CONCURRENT AND Mr. President, I ask unanimous con- S. 1169, a bill to amend the Reclama- SENATE RESOLUTIONS sent that the text of the bill be printed tion Wastewater and Groundwater The following concurrent resolutions in the RECORD. Study and Facilities Act to authorize and Senate resolutions were read, and There being no objection, the bill was construction of facilities for the rec- referred (or acted upon), as indicated: ordered to be printed in the RECORD, as lamation and reuse of wastewater at follows: McCall, Idaho, and for other purposes. By Mr. D’AMATO: S. Res. 199. An original resolution direct- S. 1485 S. 1315 ing the Senate Legal Counsel to bring a civil Be it enacted by the Senate and House of Rep- At the request of Mr. MOYNIHAN, the action to enforce a subpoena of the Special resentatives of the United States of America in name of the Senator from Idaho [Mr. Committee to Investigate Whitewater Devel- Congress assembled, KEMPTHORNE] was added as a cosponsor opment Corporation and Related Matters to SECTION 1. REPORT ON FUNDING OF FACILITY of S. 1315, a bill to designate the Fed- William H. Kennedy III; from the Special IMPROVEMENT, REPAIR, AND CON- eral Triangle Project under construc- Committee To Investigate Whitewater De- STRUCTION OF SCHOOLS OF THE BUREAU OF INDIAN AFFAIRS. tion at 14th Street and Pennsylvania velopment Corporation and Related Matters; Avenue, Northwest, in the District of placed on the calendar. (a) IN GENERAL.—Not later than 30 days By Mr. LUGAR: after the date of enactment of this Act, the Columbia, as the ‘‘Ronald Reagan S. Res. 200. A resolution expressing the Secretary of the Interior shall prepare and Building and International Trade Cen- sense of the Senate that the Republic of submit to the Committee on Indian Affairs ter’’. Trinidad and Tobago should be considered of the Senate and the Subcommittee on Na- S. 1469 for accession to the North American Free tive American and Insular Affairs of the At the request of Mr. BROWN, the Trade Agreement; to the Committee on Fi- Committee on Resources of the House of names of the Senator from Michigan nance. Representatives a report on the amounts [Mr. ABRAHAM], the Senator from Ar- f made available to the Department of the In- terior for facility improvement, repair, and kansas [Mr. BUMPERS], the Senator STATEMENTS ON INTRODUCED new construction of schools of the Bureau of from Indiana [Mr. LUGAR], and the Sen- BILLS AND JOINT RESOLUTIONS Indian Affairs under part B of title XI of the ator from Illinois [Mr. SIMON] were Education Amendments of 1978 (25 U.S.C. By Mr. PRESSLER: added as cosponsors of S. 1469, a bill to 2001 et seq.). extend the United States-Israel free S. 1485. A bill to require the Sec- (b) CONTENT OF REPORT.—The report pre- retary of the Interior to submit a re- trade agreement to the West Bank and pared under subsection (a) shall— Gaza Strip. port on Indian tribal school construc- (1) for each of fiscal years 1992 through tion funds to certain committees of 1995, specify— S. 1473 Congress, and for other purposes; to (A) the amounts made available to the De- At the request of Ms. SNOWE, the the Committee on Indian Affairs. partment of the Interior for facility im- name of the Senator from New York provement, repair, and new construction of [Mr. D’AMATO] was added as a cospon- TRIBAL SCHOOL CONSTRUCTION FUNDS schools of the Bureau of Indian Affairs under sor of S. 1473, a bill to authorize the LEGISLATION part B of title XI of the Education Amend- Administrator of General Services to Mr. PRESSLER. Mr. President, ments of 1978 (25 U.S.C. 2001 et seq.); and today, I am introducing legislation permit the posting in space under the (B) any amount of those amounts that control of the Administrator of notices that would require the Department of were not obligated during the fiscal year for Interior to report to Congress within 30 which the funds were made available; and concerning missing children, and for days on the availability of unobligated (2) include information concerning the other purposes. tribal school construction funds. These availability of funds for facility improve- f are funds that were appropriated for ment, repair, and new construction of schools of the Bureau of Indian Affairs prior SENATE RESOLUTION 199—ORIGI- construction in a previous fiscal year, to fiscal year 1992. NAL RESOLUTION REPORTED DI- but never spent. f RECTING THE SENATE LEGAL Tribal schools have a deplorable COUNSEL backlog of needed construction and re- ADDITIONAL COSPONSORS Mr. D’AMATO, from the Special pairs. Indian children continue to at- S. 582 Committee To Investigate Whitewater tend school in dilapidated and even At the request of Mr. HATFIELD, the Development Corporation and Related condemned buildings despite congres- name of the Senator from Wyoming Matters, reported the following origi- sional efforts to correct the problems [Mr. THOMAS] was added as a cosponsor nal resolution: over the last several decades. Many in of S. 582, a bill to amend title 28, Unit- S. RES. 199 Congress are interested in finding ways ed States Code, to provide that certain Whereas the Special Committee To Inves- to finance the cost of these needed im- voluntary disclosures of violations of tigate Whitewater Development Corporation provements in the face of limited Fed- Federal laws made pursuant to an envi- and Related Matters (‘‘the Special Commit- eral resources. However, the first step tee’’) is currently conducting an investiga- ronmental audit shall not be subject to is to determine and account for funds tion and public hearing pursuant to Senate discovery or admitted into evidence previously appropriated. This account- Resolution 120, section 5(b)(1) of which au- during a Federal judicial or adminis- ing is necessary in order to consider fi- thorizes the Special Committee to issue sub- trative proceeding, and for other pur- nancing options. poenas for the production of documents; poses. Whereas on December 8, 1995, the Special I sincerely regret that it takes legis- Committee authorized the issuance of a sub- S. 704 lation to request an accounting of poena duces tecum to William H. Kennedy, these unobligated funds. The distin- At the request of Mr. SIMON, the III, directing him to produce certain docu- guished chairman of the Indian Affairs name of the Senator from Maine [Ms. ments to the Special Committee by 5:00 p.m. Committee, Senator MCCAIN, and I re- SNOWE] was added as a cosponsor of S. on December 12, 1995; peatedly have asked the Bureau of In- 704, a bill to establish the Gambling Whereas on December 12, 1995, the Special dian Affairs [BIA] for a report, but the Impact Study Commission. Counsel to the President, on behalf of the White House, and personal counsel for the S. 969 BIA has refused to provide this infor- President and Mrs. Clinton, submitted to the mation. I sincerely hope that this re- At the request of Mr. BRADLEY, the Special Committee legal objections to the fusal is not due to mismanagement of name of the Senator from New Mexico compelled production of documents under this particular BIA account. Therefore, [Mr. DOMENICI] was added as a cospon- the Special Committee’s subpoena; December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18921 Whereas on December 12, 1995, counsel for well as a more comprehensive legal frame- market development in nearby Haiti Mr. Kennedy notified the Special Committee work for their operations in Trinidad and and Cuba. that, based upon the instructions of the Tobago; The end of the cold war has altered White House Counsel’s Office and personal Whereas the Republic of Trinidad and To- the nature of the U.S. interest in the counsel for President and Mrs. Clinton, Mr. bago is a small but significant non-OPEC Caribbean. Apart from geographic Kennedy would not comply with the sub- producer of oil and gas and has continually poena; and significantly contributed to the energy proximity, the flow of people, commod- Whereas, having considered the legal ob- security of the Western Hemisphere; ities, culture, and a shared interest in jections that had been submitted by the Whereas several United States energy com- combatting drug trafficking, protec- White House, personal counsel for President panies have substantial investments in the tion of economic interests and fragile and Mrs. Clinton, and Mr. Kennedy, on De- petrochemical and hydrocarbon sectors of ecosystems have bound the hemi- cember 14, 1995, the Special Committee over- the economy of Trinidad and Tobago; and spheric together as never before. As ruled those objections in their entirety and Whereas many members of the Congress with United States-Mexico relations, ordered and directed that Mr. Kennedy com- and the Administration have applauded the United States-Caribbean relations dra- ply with the Special Committee’s subpoena fiscal discipline which has led to the contin- matically demonstrate the inseparabil- by 9:00 a.m. on December 15, 1995; ued liberalization of the economy of the Re- public of Trinidad and Tobago and have ex- ity of foreign and domestic issues. Whereas Mr. Kennedy has refused to com- The opportunities for growth and in- ply with the Special Committee’s subpoena pressed interest in including the Republic of as ordered and directed by the Special Com- Trinidad and Tobago in the NAFTA: Now, vestment for U.S. companies are in- mittee; therefore, be it. creasing. The Trinidad and Tobago oil Whereas, pursuant to the authority of sec- Resolved, That it is the sense of the Senate and gas industry is growing steadily, tion 5(b) of Senate Resolution 120, including that the Republic of Trinidad and Tobago spurring growth in an increasingly di- the reporting provisions of section 5(b)(10), should be deemed ready, willing, and able to versified economy. This presents excel- the Special Committee is authorized to re- undertake all of the general obligations im- lent opportunities for United States port to the Senate recommendations for civil posed by the North American Free Trade companies interested in conducting op- Agreement and that the President should enforcement with respect to the willful fail- erations in the Caribbean as a nexus ure or refusal of any person to produce be- consider favorably the request of the Repub- fore the Special Committee any document or lic of Trinidad and Tobago to commence ne- for trade with South America and the other material in compliance with any sub- gotiations for accession to the NAFTA as Pacific Rim through the Panama poena or order; soon as comparable negotiations with the canal. Whereas under sections 703(b) and 705 of Government of Chile are concluded. Sustainable growth can be most read- the Ethics in Government Act of 1978, title 2, Mr. LUGAR. Mr. President, I submit ily achieved in Trinidad and Tobago by United States Code, sections 288b(b) and 288d, a sense-of-the-Senate resolution urging its integration into the regional trade the Senate Legal Counsel shall bring a civil Trinidad and Tobago’s accession to the framework. Trade between Caribbean action under title 28, United States Code, countries accounts for a mere 4 percent section 1365 to enforce a subpoena or order of North American Free Trade Agreement [NAFTA]. Trinidad and Tobago’s ad- of their exports, and investment be- a Senate committee when directed to do so tween the countries of the region is by a resolution of the Senate: Now, there- mission to the NAFTA between the fore, be it United States, Mexico and Canada is negligible. Trinidad and Tobago is an Resolved, That the Senate Legal Counsel essential to ensuring continued growth economic leader within CARICOM, pro- shall bring a civil action in the name of the and prosperity. Participation in the vides most of the current investment Special Committee to Investigate NAFTA and the contemplated Free and is major creditor in the region. The Whitewater Development Corporation and Trade Agreement of the Americas will economies are small; domestic markets Related Matters to enforce the Special Com- promote sustained economic develop- and intra-Caribbean markets cannot mittee’s subpoena and order to William H. absorb production and therefore cannot Kennedy, III, and the Senate Legal Counsel ment and increased commercial activ- ity between Trinidad and Tobago and foster meaningful trade expansion. Fu- shall conduct all related civil contempt pro- ture economic prosperity for Trinidad ceedings. its hemisphere neighbors. Indeed, free and Tobago lies in its rapid integration f trade in the western hemisphere would be in the common economic interest into the North American market. SENATE RESOLUTION 200—REL- Economic Reform. Over the past sev- because it would be wealth-maximizing ATIVE TO TRINIDAD AND TO- eral years, Trinidad and Tobago has for all members. created a solid macroeconomic climate BAGO Trinidad and Tobago is well prepared through a strong governmental com- Mr. LUGAR submitted the following to undertake the obligations of mitment to private-sector-led expan- resolution; which was referred to the NAFTA. As one of the most advanced Committee on Finance: sion and export growth. Trinidad and economies in the Caribbean, the island Tobago has had an aggressive program S. RES. 200 nation has successfully implemented of divestment of public holdings in Whereas the Republic of Trinidad and To- economic reforms that have deregu- commercial companies. Fifteen compa- bago meets the requirements for accession to lated industry, lowered tariff barriers, nies have been divested over the past 3 the North American Free Trade Agreement and promoted investment. Its achieve- years, including the generation divi- (hereafter referred to as the ‘‘NAFTA’’); ments are in keeping with criteria for Whereas the Republic of Trinidad and To- sion of the national electric company, NAFTA eligibility that the Adminis- the national airline and the iron and bago has successfully implemented programs tration has laid out in negotiations to liberalize the country’s economy and steel company. Divestment procedures trade regime, particularly by lowering tar- with Chile. are in progress for another 13 compa- iffs, divesting its holdings in the production Trinidad and Tobago has enjoyed nies. sector, and promoting private sector devel- good relations with the United States Trinidad and Tobago’s aggressive opment; through the years. The two countries economic reform policy decisions, rig- Whereas the Republic of Trinidad and To- share a fundamental commitment to orously implemented, have yielded bago has entered into a Bilateral Investment civil liberties and human rights. In re- positive results and created allies out Treaty and an Intellectual Property Rights cent years cooperation has included of many skeptics in the business com- Agreement with the United States; working to curtail illegal drug ship- Whereas the Republic of Trinidad and To- munity. Despite the support for high bago has expressed an active interest in en- ments and money laundering in the labor standards and protection of tering into negotiations for accession to the hemisphere and sharing information workers’ rights and despite actual re- NAFTA; relating to customs modernization and ductions in unemployment—currently Whereas the Republic of Trinidad and To- reorganization. Trinidad and Tobago about 18 percent—the macro-economic bago seeks to ensure that the markets of and the United States have long en- reforms cannot by themselves reduce North America and the markets of Trinidad joyed cordial diplomatic relations as unemployment to acceptable levels. and Tobago are open to each others; products well as strong economic ties arising Trinidad and Tobago’s Government and services on a reciprocal basis; from the investment of United States Whereas major United States-based multi- accounts are now tractable. The fiscal national companies and successfully operat- companies in the energy sector of Trin- deficit, which averaged 7.2 percent in ing in the Republic of Trinidad and Tobago idad and Tobago. Both countries have 1986–88, has been reduced to 1.7 percent and access to the NAFTA would afford these dedicated significant resources to the over the last 5 years. In 1994, the gov- companies enhanced investment security as full restoration of democracy and free ernment closed the year with a small S 18922 CONGRESSIONAL RECORD — SENATE December 19, 1995 fiscal surplus and expects a similar re- signed both a Bilateral Investment cial unit built to diminish the avail- sult again in 1995. Treaty [BIT] and Agreement on Intel- ability of banking services to traffick- The balance of payments in Trinidad lectual Property Rights with the Unit- ers. OSS collects intelligence on finan- and Tobago has also begun to dem- ed States. cial transactions and in 1994 published onstrate a new robustness. Following Hemispheric Energy Security. Trini- a money laundering information pam- 11 years of continuous deficit, for the dad and Tobago is a major oil-produc- phlet for local financial institutions. past 2 years the external accounts were ing country. Trinidad’s 10.6 trillion Conclusion. Mr. President, the Re- in surplus. A supportive monetary pol- cubic feet of natural gas reserves rep- public of Trinidad and Tobago deserves icy is in place, aimed at restraining ex- resents a 45-year reserves life index. consideration as the next country to change reserves. As a result, inflation The economy is based largely on its accede to NAFTA, following Chile. It is moderate and falling. The inflation plentiful reserves of petroleum and has successfully undertaken economic rate from September 1993 to September natural gas. As a result, Trinidad and reforms that have attracted foreign in- 1994 was only 6.4 percent. The govern- Tobago has developed good relation- vestment, reduced debt, and expanded ment floated the Trinidad dollar in 1993 ships with United States oil companies the private sector. In order to further and has now fully absorbed the devalu- involved in oil and gas development expand its economy, Trinidad and To- ation occasioned by that flotation. The and extraction. The strategic geo- bago needs greater access to the larger exchange rate has held remarkably graphic location of the islands has fa- markets of the hemisphere. The reality firm. Consequently, the inflation rate vored the establishment of large oil re- is that Caribbean economies are small. is expected to fall under 5 percent this fineries and other facilities designed to Domestic markets and intra-Caribbean year. promote energy research and to markets alone, cannot absorb produc- The external debt service payments produce natural gas and petroleum by- tion and therefore cannot foster mean- have been onerous—well over a half a products such as methanol and ammo- ingful trade expansion. Future eco- billion U.S. dollars last year. Neverthe- nia fertilizer. nomic prosperity for Trinidad and To- less, the government has reduced the Trinidad and Tobago is the world’s bago—as well as for other eligible debt significantly and it now rep- second largest exporter of nitrogenous countries—lies in its rapid integration resents barely 30 percent of GDP—this ammonia fertilizer, a natural gas by- into the North American market. In down from 42 percent in 1992. product. One-third of the United States submitting this resolution, I hope Trin- Trinidad and Tobago has instituted a 3 million tons of ammonia imports idad and Tobago can soon be considered major structural adjustment away come from Trinidad and Tobago annu- for membership in the NAFTA. from import substitution and is vigor- ally, valued at $240 million in 1994, ac- ously pursuing a policy of export led cording to U.S. Commerce Department f growth. Almost overnight, the old tar- figures. This is equal to about 5 percent iff structure has been dismantled. In of U.S. ammonia fertilizer usage annu- AUTHORITY FOR COMMITTEES TO 1991, 40 percent of the items were re- ally. MEET moved from the import negative list. The United States currently imports In 1995, the temporary surcharge im- 80 MBD of crude oil and petroleum COMMITTEE ON ENVIRONMENT AND PUBLIC posed subsequent to the removal of products from Trinidad and Tobago WORKS items from the negative list, was re- valued at over $500 million a year in Mr. LOTT. Mr. President, I ask unan- duced to zero. 1994, or 1 percent of the Nation’s oil im- imous consent that the full Committee In 1994, the majority of agricultural ports. on Environment and Public Works be items were removed from the negative Cooperation on Drug Trafficking. granted permission to meet to consider list. Nevertheless, total output in this Trinidad and Tobago has modernized pending business Tuesday, December sector increased by almost 12 percent. its customs operations. It has intro- 19, 1995, at 2:30 p.m., hearing room SD– Consistent with the obligations within duced the automated system for the 406. CARICOM, the existing maximum tar- collection of customs data, which is The PRESIDING OFFICER. Without iff of 30 percent will be phased down to now operational in most of the coun- objection, it is so ordered. 20 percent by 1998. It is important to try. Officials expect that this critical COMMITTEE ON THE JUDICIARY note, however, that a more accurate re- element in the administrative reform Mr. LOTT. Mr. President, I ask unan- flection of the openness of the trade re- of the Customs department will be ex- imous consent that the Committee on gime is that average tariff rates are tended to Tobago and to the industrial the Judiciary be authorized to meet now less than 6 percent for imports estate at Point Lisas during 1995. during the session of the Senate on from the United States. Trinidad and Tobago is not a major Tuesday, December 19, 1995, at 10:30 Favorable Investment Climate. The producer, consumer or trafficker of il- a.m. to hold a hearing on ‘‘Trends in best proof of the success in creating a legal drugs, precursor chemicals, or Youthful Drug Use.’’ favorable investment climate is evi- money laundering. The Government The PRESIDING OFFICER. Without denced by the surge of direct invest- and the people of Trinidad and Tobago objection, it is so ordered. ment. In 1995, the Government of Trini- recognize that illegal drugs are disrup- SELECT COMMITTEE ON INTELLIGENCE dad and Tobago reduced the corporate tive to public health, safety, and the Mr. LOTT. Mr. President, I ask unan- tax rate for foreign investors from 45 to social fabric. Business people contend imous consent that the Select Commit- 38 percent. In 1994, investment flows that money laundering undermines le- tee on Intelligence be authorized to from the U.S. reached almost $700 mil- gitimate economic activities. The ef- meet during the session of the Senate lion and for 1995, the country has com- fects of illegal drug related activity are on Tuesday, December 19, 1995 at 3:00 mitments for $1.2 billion. Trinidad and likely to increase, particularly if p.m to hold a conference with the Tobago will easily surpass all other economies suffer and drug related work House Intelligence Committee regard- countries in the hemisphere in attract- is seen as one of the few income pro- ing the fiscal year 1996 intelligence au- ing foreign investment. ducing opportunities available. thorization. Trinidad and Tobago will, as a mem- Passage of the Dangerous Drugs The PRESIDING OFFICER. Without ber of the NAFTA, maintain United Amendment in November 1994 brought objection, it is so ordered. States environmental, health and safe- the laws of Trinidad and Tobago into ty workplace standards. Trinidad and conformity with the requirements of f Tobago’s Government procurement the 1988 United Nations Convention. provisions guarantee United States The new law prohibits activities re- ADDITIONAL STATEMENTS firms the ability to compete for gov- garding the manufacture of precursor ernment contracts. Tariffs on most chemicals, money laundering activi- U.S. exports have been eliminated in ties, assets forfeiture, and removal of the computer, oil refining equipment, impediments to effective prosecution. THE 40TH ANNIVERSARY OF THE special industrial machinery, pharma- Since 1992, local Trinidad and Tobago DEDICATION OF THE U.S. AIR ceutical, telecommunications and pho- banks have voluntarily reported large FORCE ACADEMY tographic equipment and sectors. In deposits to the police department’s Of- ∑ Mr. CAMPBELL. Mr. President, I addition, Trinidad and Tobago has fice of Strategic Services [OSS], a spe- rise today on behalf of myself and my December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18923 distinguished colleague, Senator man for the job. General Harmon was With the arrival of the Academy’s BROWN, the senior Senator from Colo- from a prominent military family as first class of cadets at Lowry on July rado. I know I speak for him as well, as his father and two brothers were West 11, 1955, the U.S. Air Force Academy I address the Senate today. Point graduates, as were the husbands was born, with Lt. Gen. Hubert R. Har- On April 1, 1954 President Eisenhower of his two sisters. His wife, Rosa May mon overseeing them as the Academy’s signed Public Law 325, the Air Acad- Kendricks’ father was U.S. Senator ‘‘Proud Father!’’ As President Eisen- emy Act. On June 24, Secretary of the John B. Kendricks (Wyoming). He had hower later wrote ‘‘Hubert was loved Air Force Harold Talbott announced a distinguished military career being and admired by many; to Mamie and that Colorado Springs would be the equally at home at an Academy foot- me he always seemed the ideal class- permanent site of the U.S. Air Force ball game—even though he weighed mate and so we had for him a boundless Academy and Denver would serve as only 146 pounds, he won his ‘‘A’’ in affection.’’ This was shared by Gen. the temporary site. Senator Ed John- football—piloting a combat airplane— Thomas D. White, Air Force Chief of son stated, ‘‘This is the greatest thing the distinguished flying cross with Staff, who wrote, ‘‘The Air Force has that has happened to Colorado since cluster—on the golf course with Presi- lost one of its most inspiring leaders Pikes Peak was discovered by Zebulon dent Eisenhower; as Air Attache´ at the and the Father of our new Air Force Pike.’’ The U.S. Air Force Academy Court of St. James; and at the United Academy.’’ Senator Gordon Allott (Col- was officially activated at Lowry Air Nations where he was the Senior U.S. orado), who served under General Har- Force Base, July 27, 1954, and proceeded Military Representative. mon in World War II, wrote, ‘‘Few have to build in strength pending the arrival In December 1949, he was given the had as much courage and set so fine an of the first class of cadets—July 11, additional duty of Special Assistant to example as he did. His quiet, fair and, 1955—which date marks the official the Chief of Staff for Air Force Acad- above all, his genuine qualities have dedication and opening of the U.S. Air emy Matters charged with all details of been stamped on the entire Academy Force Academy. developing ideas into an operational and I believe will be reflected in every Dedication Day began with the arriv- Air Force Academy. For the next 5 student who graduates.’’ al of the 307 young men who would years, General Harmon and his team BRIG. GEN. ROBERT M. (MOOSE) STILLMAN comprise the Class of 1959. The morn- conferred endlessly with distinguished Brig. Gen. Robert M. (Moose) ing was spent in processing, uniforms, educators from all parts of the coun- Stillman was the ideal officer to be ap- hair cuts, and so forth, and by 11 a.m. try; sifted and weighed the curriculum pointed the first Commandant of Ca- they were lined up for intensive close of universities and Service Academies dets. He was a leader’s leader having order drill instruction. That afternoon, in the United States and abroad, been a star football player and line with the stands filled with 4,159 mili- searching out the best features of each coach at West Point, 8th Air Force tary and civilian dignitaries, public of- so painstaking by examining every sug- Bomb Group Commander, POW at Sta- ficials, the foreign attache´ corps, ca- gestion referred to them by Congress or lag Luft III, and, while serving in the dets from West Point and Annapolis, the Defense Department for its merit Office of the Deputy Chief of Staff for the press and parents, with a formation and workability. Every effort was made Personnel, was involved in the early of B–36 bombers flying overhead, and to select the finest officers for each planning of the U.S. Air Force Acad- with the U.S. Air Force Band playing, segment of the Academy, to prepare emy. Moose was more mature than the 307 cadets marched on the field in the academic and military course ma- most of the other key Academy officers such perfect formation it brought tears terial and, as required, to send officers as he was West Point 1933, whereas in the eyes of the spectators. to universities for specific academic McDermott, Whitlow and others were At the end of the ceremonies, the training. West Point 1943. He was a burly, genial guests were invited by the Denver During the numerous meetings held man with a great sense of humor and Chamber of Commerce to attend a real in the Pentagon, the Bureau of the was an avid sportsman. Colorado was chuck wagon buffalo barbecue at the Budget and in the House and Senate his State as he grew up in Pueblo and Red Rocks Park Amphitheater, a fit- Armed Services Committee hearings, attended Colorado College in Colorado ting climax to a historic day. General Harmon was the star witness, Springs before entering West Point. We Coloradans are, indeed, proud selling the U.S. Air Force Academy As there were no upper classmen to that Colorado was chosen as the loca- concept, which led to the passage of supervise the ‘‘Doolies’’ (plebes), out- tion of the temporary and permanent Public Law 325, 83d Congress, the Air standing young officers, many with Ko- sites of the U.S. Air Force Academy. Academy Act signed by President Ei- rean combat records, were assigned to The Nation is, indeed, proud of the out- senhower April 1, 1954. On June 24, Sec- be the Air Training Officers and Air Of- standing leaders who have graduated retary Talbott announced that the ficer’s Commanding to fill this vital from the U.S. Air Force Academy— Academy would be located at Colorado role. As their careers progressed, many both in the Air Force and civilian life. Springs and pending the design and of these officers became key U.S. Air We would also like to pay tribute to construction of the permanent facili- Force officials, that is, Chief of Staff, those officers whose wisdom and fore- ties, the Academy would be located at Superintendent of the U.S. Air Force sight in the Academy’s inception in- a temporary site at Denver (Lowry). On Academy, and so forth. sured a great measure of the success August 14, General Order No. 1 an- ‘‘Moose’’ Stillman used a modified that has been achieved by the Acad- nounced the official establishment of version of the West Point Commandant emy. Among these are Lt. Gen. Hubert the Academy at Lowry—effective July of Cadets system which proved to be R. Harmon, the first Superintendent 27—with General Harmon as its super- most successful in the installation of and Father of the U.S. Air Force Acad- intendent. command and leadership into the fu- emy; Col. (later Brig. Gen.) Robert M. He was a very meticulous person and ture Air Force leaders. The basic fun- Stillman, Commandant of Cadets; Col. was involved in all major aspects of the damentals of this system are incor- (later Brig. Gen.) Robert F. Academy, that is, rehabilitation of porated into today’s curriculum. McDermott, Dean; Col. William B. Tay- Lowry’s buildings, the phasing in of all The training function as envisioned lor III, Assistant Chief of Staff (Special personnel; insuring that all items re- by General Stillman was divided into Projects), and Col. Robert V. Whitlow, quired to operate all facets of the three main components: Military train- Director of Athletics. Academy were procured and in place ing, flying training, and physical train- LT. GEN. HUBERT R. HARMON, FIRST SUPER- and, most important, that the new ing, thus the individual cadets would INTENDENT AND FATHER OF THE U.S. AIR Academy would attract the most out- experience a 4-year laboratory exercise FORCE ACADEMY standing young men who were to be the in command and leadership. At all President Eisenhower personally se- future leaders of the Air Force. stages of the planning for the Acad- lected his close friend and West Point General Harmon was an outstanding emy, the philosophy of a ‘‘sound mind classmate Lt. Gen. Hubert R. Harmon example of the ideal leader, a brilliant, in a sound body’’ was recognized as a to be the new Air Force Academy’s thoughtful, dynamic, respectful, under- fundamental principle. To assist him in first Superintendent as he knew ‘‘Doo- standing officer whose men would glad- running the Commandant of Cadets De- dles’’ Harmon would be, by far, the best ly follow him anywhere. partment, he hand picked outstanding S 18924 CONGRESSIONAL RECORD — SENATE December 19, 1995 young Majors, Lieutenant Colonels and for all tenure professors. He started a Game program, the drafting of the ini- Colonels, many of whom were later faculty research program in support of tial fundraising plans for the Academy promoted to General Officer and held graduate level teaching and related Air stadium, the Visitors Center, and other major Air Force positions. Force research programs, etc. projects adopted by the foundation. He When General Stillman turned over McDermott was an extraordinary in- organized and was secretary to the the Command of the Cadet Wing on Au- dividual. His educational background, Board of Visitors 1956–1958. The board’s gust 1, 1958, the mould had been set with its vigorous training and grueling secretary must show great tact and in- which other Commandants were pre- workload, had given him confidence in spire confidence while representing the pared to implement. It is only fitting his ability to achieve his goals. His in- Academy during the critical annual in- that the Academy Parade Ground has fluence came from hard work, mastery spection period. Representative J. recently been named the Maj. Gen. of detail, and from his remarkable abil- Edgar Chenoweth (CO), Chairman of Robert M. Stillman Parade Ground in ity to express his ideas and express his the Academy’s first Board of Visitors, honor of this outstanding officer. proposals in a forceful way—as his congratulated Colonel Taylor on his COL. (BRIG. GEN.) ROBERT F. MC DERMOTT verbal skills were second to none. performance, stating the Board’s Re- McDermott, as his close friends call Under his leadership the Academy ex- port was the best he had seen. Similar him, attended Norwich University for 2 perienced unprecedented academic comments were received from Rep- years before entering West Point, grad- achievements. By the time of resentative Errett Scrivner and Gen. uating in 1943. After service as a fight- McDermott’s retirement in 1968, grad- Carl Spaatz, the 1957 and 1958 chair- er pilot in the European theater he uates had won 9 Rhodes Scholarships, man. served as a personnel staff officer in 20 Fulbright Scholarships, and 73 other Cecil B. DeMille, at the request of the Pentagon and then to Harvard for fellowships and scholarships, which no Secretary Talbott, agreed to design the his MBA. From 1950 to 1954 (when he other institution of higher learning has cadet uniforms. Colonel Taylor headed was assigned to the faculty of the new achieved in such a short time of its in- the team that worked with Mr. U.S. Air Force Academy) he was an in- ception. DeMille, and associates from Para- structor in the West Point Department The Academy and the U.S. Air Force mount and Western Costume to create of Social Studies under the tutelage of was indeed fortunate to have in its their successful uniform designs. two distinguished military educators, formative years a dean with the wis- Colonel Taylor, due to personal con- Col. Herman Blukema and Col. George dom and foresight of Robert F. tact with Col. Richard Gimbel and Col. Lincoln. From the Academy’s incep- McDermott. Robert Elbert, played a main role in tion in 1954 he served as Professor and COL. WILLIAM B. TAYLOR III the Gimbel Collection of Aeronautical Head of the Department of Economics Col. William B. Taylor III played two Memorabilia—the world’s finest—and with additional duties as Faculty Sec- major roles. First as the Legislative the Elbert paintings ‘‘The Duke of Wel- retary, Vice Dean, Acting Dean and Officer, representing the Secretary of lington (Laurence),’’ ‘‘Sir Robert later Dean (replacing Brig. Gen. Don the Air Force, and, in coordination Peele,’’ and ‘‘The Duke of Douglas Zimmerman). with Lt. Gen. Harmon, was tasked with (Romney),’’ which are worth many mil- McDermott was a visionary in that the Air Force and interservice coordi- lion dollars, being given to the Acad- he realized that the university edu- nation; White House approval and, ac- emy. cational system was undergoing a dras- tion through the Congress of legisla- In order to achieve nationwide sup- tic change and that the new U.S. Air tion to establish a U.S. Air Force Acad- port for the Academy, Colonel Taylor Force Academy’s curriculum must re- emy. To accomplish this, Colonel Tay- instituted the Candidate Advisory Pro- flect this change in order to meet the lor absorbed and organized an abun- gram utilizing the Air Force Reserve, educational and technological chal- dance of information—which had accu- Air National Guard, Air Force ROTC, lenges of the modern world. The first mulated for more than 6 years—run- Air Force Recruiting Service, Air major change was the Academy’s En- ning the gauntlet of wishfulness to pro- Force Retired Personnel, and others to richment Program which was designed jections of an operating Academy with appear before the 26,000-plus high for the gifted cadets and those who had a history of tradition, picking out the schools and public audiences to pro- completed college level courses at essential information, monitoring its mote the U.S. Air Force Academy. This other institutions. The Enrichment organization, and presentation in a program has been an outstanding suc- Program broadens the field of study, manner essential to its passage. Colo- cess. challenging the cadet to advance aca- nel Taylor’s efforts in behalf of the Air Colonel Taylor implemented the demically as far and fast as the cadet Academy legislation were of inestima- Civic Leaders Program whereby civic was able to accomplish. The introduc- ble value to the Air Force and it is dif- leaders, educators, clergymen, the tion of the curriculum enrichment pro- ficult to conceive of anyone who could press, and others from major cities gram was the first major departure have performed this mission more ef- were brought to the Academy for brief- from the traditional service academy fectively and in such an outstanding ings and indoctrination to insure that philosophy—that all students should manner. on their return they would use their in- pursue and be limited to a prescribed Second, as Assistant Chief of Staff fluence to assist the Academy in secur- course of study—and was an outstand- (Special Projects) from January 1955– ing the finest type of young men. As an ing success. July 1958, Colonel Taylor had a major example of the effectiveness of this He also introduced the whole man input in almost every major staff ac- program, Dr. Edwin D. Harrison, presi- concept in selecting cadets for appoint- tion. He was project officer for the dent of Georgia Tech, a U.S. Naval ment, which gave weighted recognition dedication of the U.S. Air Force Acad- Academy graduate, wrote Superintend- to the physical, athletic, moral and emy, July 11, 1955, at Lowry which the ent M/G James E. Briggs ‘‘In closing, I leadership attributes of a candidate as arrival of the 307 initial cadets, fly- feel it imperative to mention that I be- well as his academic potential and reg- overs, speeches, important military lieve Col. William B. Taylor to be one istered scholastic achievements. This and civilian guests, cadets from West of the finest officers and the finest gen- soon became the standard admission Point and Annapolis, parents, recep- tleman it has ever been my pleasure to policy of all Service Academies and tions, and entertainment signified the meet. I am sure he will leave an indel- earned McDermott,the award of the Le- Academy’s first operational day. As ible mark on the formative period of gion of Merit. During his long tenure the Liaison Officer, Air Force Academy the Academy.’’ as Dean, McDermott established pro- Foundation, he replaced the founda- On his assignment to Spain in July grams and policies which two decades tion’s professional fundraiser and 1958, Colonel Taylor had been associ- later still influence established pro- played a major role in the planning and ated with the Air Academy project grams and policies. He created a tenure implementation of the following longer than anyone in the U.S. Air associate Professor Program designed projects: the Eisenhower championship Force. to keep the Academy’s doctoral level golf course, the Farrish Memorial Park COL. ROBERT V. WHITLOW to that in civilian universities. He es- Cadet Recreational Center, the Profes- Col. Robert V. Whitlow, the Director tablished a sabbatical leave program sional Football Exhibition Benefit of Athletics, played a major role in the December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18925 Academy. He was an athlete’s athlete. stepping down next year has reached a ployee participatory programs such as Bob excelled in football in high school record: 12. It may yet go higher. Not since continuous improvement through em- and, at UCLA for 3 years before enter- 1896, when senators were still elected by ployee suggestions and strategic action ing West Point, where he won 3 major state legislatures, not directly by the voters, teams. Mr. Atkinson is a credit to the have so many quit. Why? letters—in football, basketball, and Some suggest three terms is a magic num- Nashua community, and is to be com- track. After service as a pilot in World ber, after which fatigue sets in, and, indeed, mended for his innovative thinking. War II, he was assigned to the Collegio five of the 12 retirees have served three His recent appointment to the execu- Militar, Mexico’s West Point as an ex- terms. But the rest have had service ranging tive board of the Non-Ferrous Found- change English instructor and football from one to five terms, and their ages range ers’ Society serves as recognition of his coach. In 2 years, they won Mexico’s from 52 to 77. So there’s no pat formula when leadership in the foundry industry. national football championship. During it comes to fatigue. It is businesses such as Bronze Craft, his next assignment, at the Air Defense Many of the retirees have expressed dis- which put employees and quality first, gust with the overly partisan tone today, as Command, Colorado Springs, he played well as the distracting burden of constant that set such a high standard for others golf with key generals and dignitaries fund raising—though not all did say so in in the industry. Their proven success such as Gen. Rosie O’Donnell, General their retirement announcements. Still, one demonstrates the importance of such Harmon, and to be Secretary Harold thing is clear: Most of the retirees were sen- vision. The American Legion has been Talbott, thus paving the way for his se- ior members of major committees and held a customer since 1944, and recently lection as Director of Athletics. substantial power, and nearly all were prag- Bronze Craft was recognized by Whitlow believed that football was matists used to working across party lines. Steinway & Sons as the Malcolm the way to get the new Academy the Apparently, the prospect of continued influ- Baldrige Award Winner for quality and ence wasn’t enough to keep the 12 in the widest publicity and football was the Senate. service. best way to raise money quickly so The characteristic all of them have in Mr. President, I praise the owners that an aggressive athletic program common was stated by Mr. Simpson. He said, and employees of Bronze Craft for their could be launched. His initial goal was ‘‘The definition of politics is this: There are untiring efforts to provide quality to get sixty top flight athletes as ca- no right answers, only a continuing flow of products, which help make America dets as soon as possible. Bob was a very compromises . . . resulting in a stronger, independent and economi- determined and intense man, with su- changing . . . ambiguous series of public de- cally successful. I would also like to preme confidence in his ability to whip cisions, where appetite and ambition com- recognize the thousands of small found- pete openly with knowledge and wisdom.’’ the new cadets into a formidable foot- That is a good description of the legislative ries, like Bronze Craft, located in ball team. A most astute move on his process at its best. It is also completely op- urban and rural areas alike in all 50 part was to hire Buck Shaw, former posed to the philosophy of the newer GOP States. Their outstanding devotion and coach of the Philadelphia Eagles, to members who now control Congress and seek contributions to making their work- coach the football team. He then pro- to dominate both the party and the country. place, community, and country a bet- ceeded to schedule games with top Under such circumstances, those of mod- ter place to live ensures a hopeful fu- ranked colleges to present the team erate tone, even if their politics vary across ture.∑ the spectrum from right to left, inevitably with the utmost challenge, an almost f must feel out of place. Though one, Bob impossible task—which was farther Packwood of Oregon, was forced to resign be- IF NOT THERE, WHERE? compounded when you realize the en- cause of scandal and two more are well into tering first class was only 307 cadets, their 70s, the retirement of 12 senators in one ∑ Mr. SIMON. Mr. President, as we the second 300 cadets, the third 306 ca- year suggests Congress is losing many of its continue to discuss the Bosnian situa- dets, and the fourth 453 for a total of best people for the worst reasons. When will tion, and we will continue to discuss it only 1,366 cadets—all representing a the American people put a stop to this by re- long after the resolution has been brand new college that had just entered jecting the poisonous politics of absolute adopted, I came across an editorial in the collegiate athletic world. truth and relentless demonization of those the Christian Century by James M. who see things differently? It is almost inconceivable that at the ∑ Wall which I ask to be printed in full in end of the fourth football season, large- f the RECORD. It is simple and direct and ly due to the spirit, drive and deter- RECOGNITION OF THE BRONZE as powerful a statement as any I have mination of Bob Whitlow, Coach Buck CRAFT FOUNDRY’S 50TH ANNI- read. Shaw and assistants—and Col. George VERSARY I urge my colleagues to read this Simler and Coach Ben Martin who fol- thoughtful editorial comment. lowed Whitlow and Shaw—the Air ∑ Mr. SMITH. Mr. President, I rise The article follows: today to recognize the owners and em- Force Academy football team battled [From the Christan Century, Dec. 13, 1995] Texas Christian to a scoreless tie in ployees of the Bronze Craft Co. of Nashua, NH for over 50 years of service IF NOT THERE, WHERE? the Cotton Bowl—an unbelievable feat (By James M. Wall) not to be duplicated by any team from and dedication to the community. Bronze Craft was founded in 1944 by Two questions must be confronted as a brand new college. This performance Americans consider President Clinton’s deci- immediately paved the way for the suc- Arthur ‘‘Artie’’ Atkinson. This small foundry began its business by making sion to send 20,000 troops to Bosnia: If we cessful fund raising effort to build the don’t commit troops there, where do we? And Falcon Stadium at the Academy.∑ custom architectural hardware. Fifty if not now, when? The world’s largest mili- years later, the company is still owned f tary force is equipped and trained to perform by the same family, and the traditions missions of peace as well as to fight wars. WHAT’S WRONG WITH THE of good business and dedication to em- The president has been patient—some would SENATE? ployees are still the hallmark of say too patient—in deciding when to act in Mr. SIMON. Mr. President, there is Bronze Craft. Bosnia. He resisted earlier calls for military ∑ action, and worked instead for an agreement a great deal of discussion about Senate Since its inception, the company has delivered for its employees in many between combatants which makes it possible retirements, some of it involving this for U.S. troops to go to Bosnia not to fight Senator. ways, not the least of which has been but to prevent others from fighting. Richard I think all of our colleagues would do providing long-term dependable em- Holbrooke’s negotiating team in Dayton, well to read an editorial about the re- ployment. It is no surprise that by Ohio, worked with representatives from tirements that appeared in the St. maintaining a professional run foundry Bosnia, Serbia and Croatia to end a war in Louis Post Dispatch which I ask to be and adhering to the highest health, which at least 250,000 people have died or are missing. printed in the RECORD. safety, and environmental standards The combatants are scheduled to sign the The article follows: for its employees, that the foundry can take pride in its many multi- Dayton agreement this month in Paris. WHAT’S WRONG WITH THE SENATE? President Slobodan Milosevic of Serbia was With the retirement announcements in re- generational employees. persuaded by NATO air strikes, a punishing cent days of two more veteran GOP sen- Jack Atkinson, who succeeded his fa- economic embargo and military successes by ators—Alan Simpson of Wyoming and Mark ther in 1980 as president and CEO, con- Croatia and the Muslim-led Bosnia govern- Hatfield of Oregon—the number of senators tinues to champion innovative em- ment that his goal of a greater Serbia was S 18926 CONGRESSIONAL RECORD — SENATE December 19, 1995 unattainable. Resistance to the accord has people in need. We go to Bosnia not to con- lature had no right to discuss the topic of predictably surfaced among Bosnian Serbs trol or dominate others, but to help others to the Bill of Rights. By defying Beijing, Hong because under terms of the agreement Sara- do what they cannot do for themselves.∑ Kong’s people sent the message that our jevo will be under Muslim control. f rights and freedoms will not be given up Why intervene in Bosnia, and why now? We without a fight. must first understand that the U.S. is a na- COMMENDING CATHY MYERS The Bill of Rights was enacted in 1991 as a confidence-building measure to allay fears tion guided by both humanitarian ideals and ∑ Mr. GREGG. Mr. President, I rise practical necessities. Our ideals misled us in raised by the Tiananmen Square massacre of Vietnam, where we learned the hard way today to commend Cathy Myers, of my 1989. Thus it is not surprising that China’s that civil wars are not resolved by outside staff, who has completed 12 years of pledge to emasculate the Bill of Rights is military force. From our intervention in So- dedicated and exemplary service in the having a devastating effect on future con- malia we learned that our humanitarian zeal U.S. Senate. Since my election to the fidence in the rule of law. has to be tempered by practical wisdom. We Senate in 1992, Cathy has worked in my The Bill of Rights—known in Chinese as can feed starving people, but we cannot force office, unselfishly devoting her time, Yan Kyun Faat, the Human Rights Law— a political solution on them. puts into domestic law the International and effort in making the office run Covenant on Civil and Political Rights, Since the end of the cold war the U.S. has more efficiently and effectively. She is been the only world power with the ability under which countries agree to a minimum to secure a peace through whatever means certainly someone you can count on standard of behavior toward their citizens. are appropriate. We have the military might and my staff and I appreciate every- Britain and more than 80 countries world- to enforce agreements. The question is: Do thing she does for all of us. Cathy has wide have signed the covenant. China, how- we have the will to get involved in conflicts been the consummate example of a de- ever, has not. Beijing, in fact, sees the Bill of far from American shores? voted employee, and I wish her many Rights as part of a conspiracy by ‘‘inter- It was clearly the presence of oil in the national anti-Chinese forces and the agents more successful years of service. of the British side,’’ according to its own Persian Gulf that led President Bush to It is with great joy that I rise today claim that vital American interests were in- New China News Agency. volved when Iraq invaded Kuwait. The in honoring Cathy Myers on the occa- The core problems is that China does not former Yugoslavia contains no oil, and trade sion of her 12th anniversary as an em- understand what makes Hong Kong tick. The with the region is not critical to the U.S. ployee in the U.S. Senate.∑ People’s Republic of China is an authoritar- economy. Nevertheless, instability in that f ian Communist state. Hong Kong has always region could easily spill over into surround- been a sanctuary from China, where the rule ing countries. It was instability in this re- WHAT MAKES HONG KONG TICK of law held sway and Hong Kong Chinese peo- gion that precipitated World War I, a fact ple were given economic and civil freedoms ∑ Mr. SIMON. Mr. President, one of to make Hong Kong’s the most successful which led Pope John Paul II, during his re- the impressive leaders in our world is a cent visit to the U.S., to plead with Clinton economy in Southeast Asia. legislator little known by most Ameri- In the past decade, the world has witnessed not to let the century conclude, as it started, countless examples of authoritarian regimes with a war over Sarajevo. cans. He is Martin C.M. Lee, who has In making his case to the American people led the forces for democracy in Hong changing into free societies—from Eastern and a skeptical Congress, Clinton argued Kong and has courageously stood up Europe to Asia. Regionally, South Korea, that without U.S. participation the combat- for freedom and democracy and human Taiwan, Thailand and the Philippines have ants would not have reached the Dayton ac- all progressed from authoritarian to rep- rights in Hong Kong. resentative governments, and other Asian cord, nor would the European nations in He does that in the face of a Chinese countries are moving steadily in that direc- NATO have agreed to supply an additional takeover of Hong Kong that is slated in tion. But the world has no recent experience 40,000 peacekeeping troops to the region. The 1 2 of a vibrant, cosmopolitan and extremely more persuasive case for U.S. involvement, 1 ⁄ years from now. Recently, he had an op-ed piece in free society losing basic freedoms. however, is the harsh reality of the situa- Hong Kong today has all the attributes of tion: only the commitment of an outside the Washington Post that I hope the leaders of China will see. a pluralistic civil society; a robust press, force can keep the warring parties in Bosnia clean and accountable government and a rule from continuing their mutual slaughter. On the possibility that more Chinese of law superior to any legal system in Asia. At one level, the U.S. and NATO assign- leaders will see it, I ask that it be The proposal to scrap Hong Kong’s Bill of ment in Bosnia is to prevent a recurrence of printed in full in the RECORD. I hope Rights is the clearest indication yet that the war that began in 1991. At another level, that all the Members of the Senate and Beijing is trying to remake Hong Kong in however, the U.S. and NATO are making House and their staffs will read it also China’s image. Because China has been suc- themselves available as a peace broker for cessful in luring international investment enemies who must slowly and painfully build to help prepare them for what may happen come 1997. without improving human rights, Beijing a future together. We cannot arrange that may now believe it can sustain Hong Kong’s future, but we can help stop those who want The article follows: economic success while clamping down on to determine the future through violence. WHAT MAKES HONG KONG TICK civil rights and freedoms. Reinhold Niebuhr pointed out that modern (By Martin C.M. Lee) In 1997, China is set to control all three technology has increased our capacity for in- branches of Hong Kong’s government. HONG KONG.—On June 30, 1997, Hong Kong timacy even as it provides us with the tools Beijing says elected legislators will be and its 6 million free citizens will become to fight wars that avoid intimacy. We need, turned out of office and replaced with a rub- part of the People’s Republic of China. As as Niebuhr argued more than 50 years ago, to ber-stamp appointed legislature. Hong the countdown to 1997 advances, the people develop ‘‘political instruments which will Kong’s top official, the chief executive, and make such new intimacy and interdepend- of Hong Kong should be hearing reassurances his cabinet will all be appointed by Beijing. ence sufferable.’’ Our survival depends on from China that we will be able to keep our And China has ensured control of the Court finding a way to accept the freedoms and way of life. Instead, each day of Final Appeal, Hong Kong’s highest court, ‘‘interpenetration of cultures’’ rather than brings a new threat. which will not be set up until after the turning to mutual destruction. The latest has thrown Hong Kong into tur- transfer of sovereignty in 1997. Thus all three The peacekeeping force that goes to Bosnia moil, both for the harm it will do to human branches of government are slated to be will offer only a partial correction of past er- rights and for the message it sends about under China’s control. rors and blatant wrongdoing on the part of China’s plans for the future. In October This is why the people of Hong Kong regard several nations and many individuals. We are China proposed scrapping key sections of saving our Bill of Rights as our last-ditch sending troops to an area that has witnessed Hong Kong’s Bill of Rights and reinstating a battle. Just as the Bill of Rights is an impor- ethnic cleansing, torture, indiscriminate number of repressive colonial laws that had tant check on abuse of power by the British killing of civilians, and rape as an instru- been removed from the statute books be- government today, so will it be an essential ment of war. We go to the region not to solve cause they violated the Bill of Rights. check on arbitrary use of power by China problems but to permit Serbs, Muslims and On Nov. 15, Hong Kong’s legislature fought after 1997. Croats to struggle toward their own solu- back. The Legislative Council—elected in At least one senior Chinese leader clearly tions. Sending U.S. forces into a region full September with a surprise majority for understands the value and fragility of Hong of generations-old patterns of hatred and ag- democrats—passed, by a decisive 40–15 vote, Kong’s system. Last March the chairman of gression is dangerous. But the alternative is a historic motion to condemn China’s efforts the powerful Chinese People’s Political Con- worse. If we do not support the peace proc- to end human rights protection in Hong sultative Committee, Li Ruihuan, admitted ess, we invite the return of an unceasing war Kong. errors in China’s hard-line policy toward that breeds further hatred and aggression. That motion drew a line in the sand over Hong Kong and appealed to his fellow leaders The U.S. is blessed with wealth and re- human rights here—and even had the support to handle Hong Kong with greater care in sources and the means to act on behalf of of a large number of pro-Beijing legislators. the future. others. We may regard this peace mission as Even before the motion was debated, Chinese In a public speech, he used the metaphor of we might speak of any effort on behalf of a officials had declared that Hong Kong’s legis- an old woman selling a valuable antique December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18927 Yixing teapot. Tea drinkers know that the ed States could better influence Chi- ford the best representation. It is al- real value of the Chinese teapot lies in the nese behavior. ready disproportionately applied to residue of tea leaves that lines the interior It was my view then—and it remains black people. Congress’ rush to be of the old pot. Through ignorance however, so today—that the correct way to in- tough on crime will simply make it the old woman scrubbed the teapot free of even more difficult, if not impossible, the stain, thereby destroying its worth en- fluence the Chinese regime is by hit- tirely. ting them in the pocketbook. They to achieve the high standards of justice Mr. Li paraphrased the common-sense want our trade and easy access to our which are the foundation of our Na- adage, ‘‘if it ain’t broke, don’t fix it,’’ point- markets. Their economic well-being de- tion. And to put it plainly: More inno- ing out, ‘‘If you don’t understand how a valu- pends on that access; if we condition cent people will be put to death. able item works, you will never be able to our economic relations on their im- I ask unanimous consent that the keep it intact for a long time.’’ provement of human rights conditions full text of the editorial be printed in If, as it now appears, Chinese leaders do and movement toward real democratic the RECORD. not understand how freedom, human rights change, I am convinced they will come The editorial follows: and the rule of law have laid the foundation [From the Washington Post, Dec. 4, 1995] of Hong Kong’s success, Beijing may scrub around. them out—and destroy forever the value of Certainly, Mr. President, the callous EXECUTION OF THE INNOCENT Hong Kong, now and in the future.∑ disregard for human rights exhibited The death penalty has broad support in this country, and those who argue against it f by today’s action against Wei on moral grounds aren’t making much head- Jingsheng demonstrates that, after TRIAL AND CONVICTION OF CHI- way. But even the most fervid supporters of nearly 2 years, dialog and constructive capital punishment must have their doubts NESE HUMAN RIGHTS ACTIVIST engagement has made no impact on WEI JINGSHENG when it is revealed that innocent people have Chinese behavior. We should make it been convicted of murder and sentenced to ∑ Mr. FEINGOLD. Mr. President, the clear that human rights are of real—as be executed. This happens more frequently Government of China announced last opposed to rhetorical—concern to this than one might think. And the increasing week that it had ‘‘tried’’ and convicted country. Until such time as Wei availability of DNA technology to prove in- Wei Jingsheng of the crime of subver- nocence probably means that these last- Jingsheng and others committed to re- minute saves will become more common. sion and had sentenced him to 14 years form in China are allowed to speak The most recent of these cases concerns in prison. The Chinese regime also freely their voice and work for change, Rolando Cruz, twice convicted by juries of stripped Wei Jingsheng of his political American-Chinese relations should not the 1983 rape and murder of 10-year-old Jean- rights for 3 years. be based on a business-as-usual basis. I ine Nicarico in Naperville, ILL. Mr. Cruz was I put quotation marks around the hope the administration will take this arrested with two others—charges against word ‘‘tried,’’ Mr. President, precisely one have been dropped and the other is latest sad episode to heart and modify awaiting his third trial—on extremely thin because the action taken against Wei current policy toward China.∑ evidence. He and his codefendants main- Jingsheng is a travesty and a mockery f tained their innocence throughout. There of the concept of due process of law. was no physical evidence to tie them to the The 6-hour court proceeding clearly EXECUTION OF THE INNOCENT crime, and no motive was alleged by the had a pre-ordained result: to severely ∑ Mr. SIMON. Mr. President, I would prosecution. But successive juries convicted punish Wei Jingsheng for daring to like to draw my colleagues’ attention on the basis of testimony from other pris- speak out—as he has since 1978— to a December 4 editorial in the Wash- oners that he had confessed to them. These stories were changed, revoked or attacked on against the Chinese Government’s re- ington Post, ‘‘Execution of the Inno- grounds of credibility. pression of its own people. cent,’’ which profiles the case of More persuasive was testimony from two Wei Jinsheng is no stranger to harsh, Rolando Cruz. police officers that Mr. Cruz had revealed to unjust punishments; he has spent most Rolando Cruz was found guilty of them a dream he had had, which contained of the past 16 years of his life in Chi- raping and killing 10-year-old Jeanie details of the crime that only a killer would nese prisons. Yet, when he was released Nicarico of Naperville, IL, in 1983. Even know. Nothing was said or written about this alleged dream for 18 months, and the story in 1993, he immediately resumed his ef- though there was no physical evidence appeared only two weeks before the first forts to shine a light on Chinese Gov- nor motive, and another man confessed trial. Last month, after years of litigation ernment human rights abuses. Wei to the killing shortly after Mr. Cruz’s and two death sentences, the policemen’s su- Jingsheng’s tenacity as leader of Chi- conviction, two juries voted for the pervisor recanted testimony that they had na’s small, albeit admirably tenacious death penalty based on testimony from told him of the dream, and confessed that he democracy movement led again to his fellow prisoners and police who had been in Florida at the time and could not have had this conversation. 20-month detention since April 1994. claimed he had confessed to them. The Even more compelling is the fact that The abominable sentence handed down prisoners’ stories have now all been shortly after the first conviction another today is yet another attempt to muzzle discredited, the policemen’s supervisor man was arrested in the same area who con- a brave man and to warn any others recently admitted that he was in Flor- fessed to two rape-killings and numerous as- against dissent. ida at the time he claimed he had been saults, and to the killing of the child for The administration issued a con- told about Mr. Cruz’s confession, and which Mr. Cruz had been convicted. The demnation of the Chinese Govern- recent DNA tests exonerate Mr. Cruz prosecutors stubbornly refused to believe him, but recent DNA tests exonerate Mr. ment’s action and called on it to exer- and point to the man who confessed Cruz and point to this other man. cise clemency. While I join in denounc- many years ago. Rolando Cruz spent the years between his ing the sentence and in urging Wei It took 11 years for the truth in this 21st and his 32nd birthdays on death row. At Jingsheng’s immediate release, it is case to come out. The Senate has his third trial, the judge bitterly criticized also my view—repeated often and pub- passed habeas corpus reform which will the police, the impeached witnesses at the licly—that administration policies to- severely restrict an inmate’s ability to first two trials and the quality of the pros- ecution’s case. He directed a verdict of not ward China have helped pave the way appeal a conviction, and has recently guilty even before the defense had presented for such cavalier abuse of basic human voted to eliminate funding for the post- its case. This prosecution was so egregious rights. conviction defender organizations that the Justice Department this week di- In 1994, over the strenuous objections which provide competent counsel to rected the FBI to look into possible viola- of those of us concerned over China’s death row inmates. These measures tions of Mr. Cruz’s civil rights. Those who atrocious and repeated violations of will simply exacerbate the inherent argue that appeals should be curtailed and international standards of human problem with the death penalty: Inno- that executions should become routine should consider Rolando Cruz and the injus- rights, the administration delinked cent people are put to death. tice that was visited on him as well as the granting of most-favored-nation trade Our system is comprised of human one he narrowly escaped.∑ status to China to improvements in its beings, and human beings, whether by f human rights record. The administra- malice or oversight, have been known tion argued then that through ‘‘con- to be wrong. Rolando Cruz’s case is a PRESIDENT CLINTON’S structive engagement’’ on economic stark example of this reality. The EXTREMISM ON THE BUDGET matters, as well as dialog on other is- death penalty is already reserved for ∑ Mr. FAIRCLOTH. Mr. President, I sues, including human rights, the Unit- people of modest means who cannot af- wish to express my opposition to the S 18928 CONGRESSIONAL RECORD — SENATE December 19, 1995 extremist scare tactics being used by will be there for all Americans when also know who to blame if the budget President Clinton and his administra- they retire. What did President Clinton is not balanced. They will know who to tion. Day after day, the American peo- do? At first, he turned a blind eye to- blame if our future is mortgaged be- ple are subjected to a steady stream of ward the problem—as if by ignoring yond our ability to comprehend. disinformation about the economic re- Medicare the problem would go away. I support the balanced budget amend- alities which confront this country. Then he engaged in a well orchestrated ment and I support the legislation The Clinton administration has campaign to frighten America’s senior passed by Congress to balanced the raised the standard on Washington citizens about congressional efforts to budget in 7 years using honest num- doublespeak to a new all time high. It save Medicare. bers. Unfortunately, the President op- is unfortunate that President Clinton Since President Clinton has no seri- pose both. And, no amount of extremist refuses to offer our Nation leadership ous Medicare plan to offer, he instead rhetoric from the White House can hide at this decisive moment in our Na- offers fear instead. This display of self- that fact.∑ tion’s history. Instead, the only thing serving political opportunism has no f he offers is more fear, more taxes, more match in Washington. Such desperate spending and more debt. and dishonest tactics should be and THE PRO-SERB MONTENEGRINS Let’s look at the facts. On the bal- will be rejected by all Americans who ∑ Mr. SIMON. Mr. President, occasion- anced budget, what has the Congress are serious about integrity in govern- ally as we read magazines and news- done? The Congress has passed a plan ment because the facts simply don’t papers, we find articles on things in un- for balancing the budget in 7 years support the President’s rhetoric. The likely sources. using honest and real numbers. What Medicare reform plan passed by Con- Recently in reading the Christian did President Clinton do? He cooked gress, in reality, provides for greater Century, I came across an article by the books and offered four budgets spending increases than the socialized Paul Mojzes titled, ‘‘The pro-Serb none of which are balanced. Further- health care plan offered by Mrs. Clin- Montenegrins’’ which I ask to be print- more, he vetoed the only honest bal- ton just last year. ed in full in the RECORD. anced budget plan offered this year. The President is knowingly mislead- It describes the situation in Looking at the facts and not at the ing the American people about Medi- Montenegro, a small Province in what harsh rhetoric of the Clinton adminis- care. He should stop his campaign to was once Yugoslavia but a Province tration, it should be clear to all Ameri- frighten our senior citizens and he that has produced leaders including cans that Congress has accepted re- should get serious about saving Medi- Milovan Djilas, Slobodan Milosevic, sponsibility for the budget and the care. and Karadzic. President has gone AWOL—absent When you look at the budget, the It is not a particularly encouraging without leadership. Instead of offering Government shutdown, and Medicare— article, but it is informative and be- a serious plan, he offers the American the facts simply don’t support the cause I have seen nothing about this people fear and unending deficit spend- President’s false rhetoric. In reality, anywhere else, I believe it merits plac- ing. The facts speak for themselves and this crisis has been engineered by the ing in the CONGRESSIONAL RECORD so they speak louder than the President to bolster his reelection those interested in this area can read disinformation spread at White House campaign. After being viewed as irrele- it. press conferences. vant for so long, the President has now The article follows: Let’s look at some more facts. We are identified himself with something he TRAVELS IN THE BALKANS: THE PRO-SERB in the fourth day of a partial Govern- believes in passionately. He is passion- MONTENEGRINS ment shutdown. What has the Congress ate about deficit spending. He is pas- (By Paul Mojzes) done? Congress sent three spending sionate about the preserving the status The Montenegrins are fond of joking that bills to the President which would have quo which heaps trillions of dollars of if their rugged mountain terrain were ironed kept open the Departments of Veterans debt on our children and grandchildren. out, the area would be as huge as Russia. Affairs, HUD, Commerce, Justice, I hope that he will abandon his ex- Living in the tiniest and least populous re- State, and Interior. What did President tremist scare tactics and get serious public of the former Yugoslavia, Clinton do? He vetoed two of these bills about balancing the budget. So far, he Montenegrins have tried to compensate by and says he intends to veto the third. has stone-walled congressional nego- identifying with Russia and by propelling He had the power to prevent the shut- tiators. He has refused to offer a bal- themselves into the ruling elites of other Yugoslav republics as fiery communists or down of these agencies and to keep anced budget plan using honest num- fierce nationalists. They have produced such Federal workers on the job. Instead, bers. He prefers to cook the books as a leaders as Milovan Djilas, Slobodan with the stroke of a pen he sent thou- way to balance the budget. Such poli- Milosevic and Radovan Karadzic. sands of Federal workers home. cies will not lead to a balanced budget. During World War II Montenegro spawned That wasn’t enough for this Presi- They never have and they never will. the most feared nationalist Chetnik units as dent. He also threw in some fear- President Clinton has chosen the path well as fierce communist Partizans. Mem- mongering for good measure. The ad- of certain failure. Congress will not fol- bers of both groups slaughtered the opposi- ministration fired-up its low him down that dead-end road. tion even if that meant turning against their own families. Vendettas and a fixation on re- disinformation machine and unleashed I believe that we need another vote venge complicated the conflict by making a tirade of doomsday rhetoric against on the balanced budget amendment. I people cross ideological lines out of tribal those spending bills. The facts speak can think of no better Christmas loyalty. for themselves. The Congress did its present for America. I believe that the During the current Balkan wars no direct job and passed appropriations bills American people sent a clear message fighting has taken place in Montenegro, which responsibly reduced government to Congress in 1994. They demanded though Montenegrin ‘‘volunteers’’ ravaged spending and which would have kept that Washington put its financial nearby Dubrovnik and its vicinity. Con- most agencies open. But, President house in order. Another vote on the sequently, travelers have been able to move about Montenegro unobstructed. The terrain Clinton wasn’t interested in that. He balanced budget amendment will show of these ‘‘black mountains’’ is rocky, yield- was looking for a photo opportunity. who is serious about achieving this ing neither timber nor agricultural products. He vetoed funding bills and closed necessary goal for our children and Nor are there many mineral deposits. But down parts of the Government. He grandchildren. fabulous tourist attractions abound, particu- should be held and will be held ac- Sadly, President Clinton worked hard larly along the Adriatic seashore, one of the countable for this shutdown. to defeat the balanced budget amend- most beautiful in the world. Let’s look at some more facts. The ment earlier this year. The Nation is Foreign tourists are now avoiding the area President’s Medicare trustees informed now entirely focused on this all impor- while most Serbs and Montenegrins are too the administration earlier this year tant issue. Let’s bring up the constitu- impoverished to travel. For those who ven- ture here this may be a plus. None of the that Medicare is on the verge of certain tional amendment for another vote be- services are overburdened and both food and bankruptcy. What did Congress do? We fore the end of the year. Then the transportation are readily available. How- passed a plan to rescue Medicare from American people will know who is com- ever, travelers flying to Belgrade from one of bankruptcy and preserve it so that it mitted to a balanced budget. They will the two Montenegrin airports have been December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18929 forced to share space with wounded evacuees hyperinflation of 1993 was approved or even apostasy of communism. The Herzegovian from the Bosnian battlegrounds. They appar- prompted by the government in order to ex- hard-line Bishop Atanasiye Jeftic associates ently have been transported this way in tract foreign-currency reserves from the pop- NATO with Satan and links Ingmar order to avoid the UN-controlled border- ulation. Bergman’s films to Protestantism, in which crossings between Serbia and Bosnia. The Montenegrins are traditionally Orthodox there is ‘‘neither mercy, nor space for the purpose has been to give credence to Christians with a small minority of Roman human being, nor salvation.’’ Milosevic’s claim of no longer supporting the Catholics (derogatorily called ‘‘Latins’’) and Svetigora’s contents make one wonder Serb warriors in Bosnia. Not many in Muslims (called ‘‘Turks,’’ though they are whether the effort of some German and Montenegro would take such a claim at face Montenegrin converts to Islam). The Alba- Dutch churchmen to expel the Serbian Or- value. nian minority is predominantly Muslim, thodox Church from the World Council of The single most important issue in with a small number of Roman Catholics. Churches does not have merit. There is a Montenegro is defining its people’s identity. There are virtually no Protestants or Jews. parallel between the Deutsche Christen aber- Some claim that Montenegrins are Serbs, The Orthodox Church was nearly wiped out ration during Hitler’s era and this militant that indeed their country is the very heart of during the communist period. During World Serbian Orthodoxy. In Germany, however, Serbdom, as a politician of the Narodna War II it had sided with the Chetniks rather there was resistance by a Confessing Church (People’s or Folk) Party told me. Others say than the Partizans and the latter showed no led by people like Karl Barth and Dietrich that Montenegro is a separate nation now pity toward the losers. Directives from Bel- Bonhoeffer; the Serbian Orthodox Church endangered by Serb attempts to absorb it. grade to eliminate church activities were has not yet produced such internal critics, In Niksic, the ancient capital in which the taken seriously and religious life became just as Balkans politics has not produced its ecclesiastical head of the Orthodox Church, nearly extinct. People would pass by a mon- Va´ clav Havel. The political threat in the Metropolitan Amfilohiye Radovic, resides, astery without even looking at it lest they Balkans is Nazism; the religious threat is graffiti declare that he should leave be called in for an unpleasant talk with the idolatrous nationalism.∑ Montenegro, though he is one of the few Ser- secret police. f bian Orthodox hierarchs who was born there. Only during the last few years under the Metropolitan Amfilohiye militantly espouses increasingly liberal Yogoslav regime was GAMING LOBBY GIVES LAVISHLY the Serbian cause, and the number of such church life slowly reactivated. In the TO POLITICIANS supporters is growing as the ethnoreligious postocommunist period Orthodox Church ac- conflict continues. Both the leftist Demo- tivities are on the rebound. Right-wing na- ∑ Mr. SIMON. Mr. President, with cratic Party of Socialists (former com- tionalistic politicians believe that the monthly profits from single casinos munists), which holds a firm grip on power, church has not only a religious but a politi- running to millions of dollars, gam- and the right-wing People’s Party are pro- cal role. Some clergy openly argue that the bling promoters are using their new- Serb. Only the Liberals, who garner a mere church should rule over the nation in these found wealth to increase the spread of 10 percent of the vote, staunchly proclaim difficult times as it did in the distant past. gambling. Grassroots community ‘‘Montenegro is Montenegrin,’’ though there Adjacent to the former royal palace in are others who insist on claiming the sov- Cetinje is a large monastic compound nes- groups who raise concerns about new ereignty for Montenegro accorded to it by tled against the mountain. Here the arch- casinos are being outspent 50 to 1 in the 1974 Yugoslav constitution. bishop resides. A visit to the monastery was some areas. If one visits only the Adriatic resorts one organized for a group of students and profes- In Congress, high-priced lobbyists are gets an impression of economic well-being, sors of which I was a part. Our guide, a mid- attempting to stop a simple effort to despite tourist workers’ complaints that dle-aged monk, spoke English fluently. He gather information about the impact of these resorts are operating at less than half appeared to be well traveled but displayed an the spread of gambling. of their capacity. Food in the hotels and at intense Serbian nationalism and an even A recent New York Times story, the markets is plentiful though expensive. greater angry anticommunism. He explained ‘‘Gaming Lobby Gives Lavishly to Poli- Other consumer goods are available, since that the monastery had been destroyed people have found a way to skirt UN sanc- twice, first by Muslim Turks and then by ticians,’’ clearly describes issues that tions. That cows graze on the lawn of the Latins. A display on the monastery walls deserve our attention. I ask unanimous state government building in Podgorica (for- credited both destructions to the Turks. Ap- consent that it be printed in the merly Titograd) may be a better overall eco- parently the monk needed to believe that RECORD. nomic indicator. Serbs had been victimized by both of their The article follows: In Podgorica as elsewhere, the socio- current antagonists. [From the New York Times News Service, economic difference between people is strik- The Montenegrin government is now mak- Dec. 18, 1995] ing. In one section of the city the apart- ing amends for the communist period not SPECIAL REPORT: GAMING LOBBY GIVES ments for the old communist elite and the only by restoring church properties but also LAVISHLY TO POLITICIANS new entrepreneurial class feature TV radar by financing their repair. (The Catholics, on disks for nearly every dwelling. Here people the other hand, complain that the return and (By Kevin Sack) dress with an ostentatious display of wealth. repair of their properties is being hampered.) In only five years, the gambling industry But Podgorica’s slums resemble those in Svetigora, the official publication of the has bought its way into the ranks of the greatly impoverished countries. Incomes, diocese of Montenegro, is disturbing. Even most formidable interest groups in American while considerably better than in 1993, range the magazine’s title has troublesome impli- politics, spending huge sums to gain the kind between $50 and $150 a month. Many workers, cations. Sveta Gora is the Serbian name for of influence long wielded by big business, big however, are paid only every third or fourth the Holy Mount Athos, the monastic repub- labor and organizations of doctors and law- month, and approximately 60 percent of the lic in Greece. The journal’s name suggests yers. work force is on ‘‘forced vacation’’—unem- that Montenegro is not just a Black Moun- From the Empress riverboat casino in Jo- ployed and with no welfare benefits. Even tain but a ‘‘Mount of Light’’—a ‘‘Holy liet, Ill., to the Mashantucket Pequot tribe the casual observer will notice huge numbers Mount.’’ Combined with the ever-increasing in Ledyard, Conn., gambling interests, which of people hanging around the streets or the claim made by the Serbian Orthodox now run casinos in 24 states, have used vast numerous drinking places. Even those who hierarchs that the Serbs are ‘‘the New Is- profits gleaned from their craps tables and do eke out a meager living say that there is rael,’’ the chosen people of God, a ‘‘heavenly slot machines to fatten the campaign coffers little hope for a better future. People survive kingdom,’’ a martyr nation that has suffered of political candidates and wage multi- by trading in the black market and by ac- more than anyone else on earth except million-dollar lobbying offensives. cepting bribes. Nearly everyone is engaged in Christ, the name supports the dangerous While state officials have been the primary smuggling, selling or reselling something— conviction that all that the Serbs do is beneficiaries of the industry’s largess, there from the lucrative smuggling of gasoline and somehow of God. has also been a surge in contributions to fed- weapons to the pitiful reselling of single A recent issue features a smiling Radovan eral and local officeholders. cigarettes. Police raid only the ‘‘little fry.’’ Karadzic flanked by the patriarchs of Mos- Gambling-financed political action com- Bigger business is protected by the mafia, cow and Belgrade. In a lengthy interview mittees gave three times as much to con- which is said to reach to the very top of gov- Karadzic, the leader of the Bosnian Serbs, gressional candidates and the national par- ernment. Armed robberies in the rump Yugo- claims the direct guidance of the Holy Spirit ties in the 1993–94 election cycle as they gave slavia have increased from about 70 in 1991 to in all his political decisions and urges the in the previous two years, according to Com- over 2,000 in 1992–93. Few robbers are appre- political involvement of the Orthodox mon Cause and the Center for Responsive hended. Church in the life of Serbians everywhere. He Politics, two Washington-based organiza- However, the ‘‘new’’ Yogoslav dinar is fair- repeatedly emphasizes the goal of uniting all tions that monitor campaign financing. ly stable. After 1993’s great inflation the gov- Serbs into a single state. In another inter- The $2 million total for the cycle put the ernment pegged the dinar to the German view Metropolitan Amfilohiye claims that industry in the same league as long-estab- mark at a 1:1 ratio. While on the black mar- ‘‘the living God can be experienced in the lished interest groups like the United Auto- ket the dinar recently slipped to about a 2.5:1 East while the West is a wasteland.’’ An- mobile Workers, which gave $2.4 million, and ratio, it still appears to be economically via- other article explains why God allowed Rus- the National Rifle Association, which gave ble. The locals believe that the sia, ‘‘the elite people,’’ to experience the $2.2 million. S 18930 CONGRESSIONAL RECORD — SENATE December 19, 1995 At the state level, meanwhile, the rising nanced by out-or-state casino companies In 1993, Fordice accepted $73,500 in con- tide of gambling money has in many places paid out $4.2 million, outspending the pro- tributions from casino interests, almost a become a flood. In Florida last year, pro- posal’s opponents by 50 to 1, according to a third of all the money he raised that year. gambling forces spent $16.5 million in an un- study by Alfred Kahn, a retired professor of Then, beginning last Jan. 1, he swore off ac- successful effort to win approval of casinos planning at Southern Illinois University at cepting any more gambling money, although in a referendum. That sum was almost as Edwardsville. he declined to return the earlier bounty. much as the state’s two gubernatorial can- The measure failed by one-tenth of a per- The purpose of the new policy, said Andy didates spent combined. centage point. Seven months later, the gam- Taggart, his campaign manager, was to take In other states, the industry’s wealth has bling companies were back, this time spend- an issue away from his opponent in the gu- allowed it to outspend its opponents by as ing $11.5 million. The proposal passed with 54 bernatorial race this year. Fordice won. much as 50 to 1. In the process, that wealth percent of the vote. It was political money, along with the has contributed to major corruption scandals The gambling opponents, Kahn said, ‘‘were promise of new tax revenue for recession- in Louisiana, Missouri, Arizona, Kentucky, just overwhelmed by wall-to-wall television racked states, that provided the kindling for South Carolina and West Virginia, all since commercials.’’ the wildfire spread of legalized gambling in 1989, when legalized gambling began its Like lobbying expenditures, campaign con- the 1990s. cross-country expansion. tributions have been flowing as freely as In 1988, only Nevada and New Jersey had Perhaps most significant, the torrent of complimentary cocktails on a casino floor. casinos. Now, 24 states have casinos on land, dollars has rapidly eroded a longstanding Only one state, New Jersey, prohibits politi- water or Indian reservations, and 48 states stigma against the intermingling of gam- cal contributions from gambling interests. have legalized gambling of some kind. In the last four years, annual legal-gam- bling and politics. In Louisiana, in the heart of the nation’s ‘‘Twenty years ago, if you got support from oil patch, gambling interests in 1993 and 1994 bling revenue has grown by 50 percent, to gambling interests it would have been the gave state legislators more than twice as $39.9 billion. That is nearly a quadrupling kiss of death,’’ said Rep. Frank R. Wolf, R– much as did the petrochemical industry, ac- since 1982, according to an annual survey by Christiansen/Cummings Associates, a con- Va., who opposes the continued expansion of cording to a study by The Times-Picayune of sulting firm that specializes in the gaming gambling. ‘‘If you were running for office in New Orleans. industry. On average, profit margins are Illinois or Iowa an got money from gambling ‘‘I’ve been told by legislator after legisla- high, ranging from 15 to 20 percent, said Will interests, you wouldn’t want to tell your tor that the gambling industry has become the single largest political influence in their E. Cummings, managing director of the firm. brother or mother.’’ ‘‘Without the outside influence coming in’’ Noting that today’s casinos are run by In- states,’’ said Robert Goodman, a professor at to lobby in this state or that, ‘‘there would dian tribes and Fortune 500 companies, not Hampshire College in Amherst, Mass., who is be no spread of gaming,’’ said William N. the author of ‘‘The Luck Business’’ (Free mobsters, gambling industry officials assert Thompson, a professor at the University of Press, 1995), a book critical of legalized that it is only natural for a heavily regu- Nevada at Las Vegas who is co-author of gambling’s spread. ‘‘It’s a sea change in the lated, high-growth business to play an active ‘‘The Last Resort: Success and Failure in political landscape in the states where the role in politics, just as public utilities and Campaigns for Casinos’’ (University of Ne- gambling industry is operating.’’ tobacco companies do. vada Press, 1990). ‘‘The opponents don’t get As in many other states that now have ca- ‘‘The only industry that is more regulated to make their case.’’ is the nuclear power industry,’’ said Mark B. sinos, the spending in Illinois has been In the last year, though, the industry has Edwards Jr., a gambling analyst for the spurred by competition among gambling suffered several financial and political fail- State Capital Resource Center, a private concerns whose interests conflict. ure, suggesting that the market for betting group that monitors political developments Wealthy businessmen who want to obtain may finally be saturated. A casino in New for casino companies. ‘‘Therefore, it’s more casino licenses from the state, which now al- Orleans and riverboats in Louisiana and Mis- important for the gaming industry to flex lows casino gambling only on riverboats, are sissippi have failed, and voters and law- some political muscle.’’ spending hundreds of thousands of dollars a makers have rejected the expansion of gam- The gaming industry has focused its lobby- year in campaign contributions to help per- bling in a number of states. ing campaigns on state capitals, where gov- suade legislators to expand gambling to Chi- Industry analysts say some of the backlash ernors, lawmakers and regulators hold the cago and any number of suburbs. can be attributed to growing revulsion with authority to determine whether to expand Fearful of new competition, the owners of the amount of gambling money in politics, gambling, which companies will get gam- the state’s 10 existing casino licenses are and to concern about corruption among hold- bling licenses and vending contracts, and contributing hundreds of thousands more to ers of public office. how extensively gambling will be taxed and protect their monopolies. In doing so, they In the most recent scandal, the FBI said in controlled. have placed themselves in an unusual alli- August that it was investigating whether Gambling opponents say the abundance of ance with those who oppose gambling on video poker operators in Louisiana had lobbying money, and the promise of bounti- moral or social grounds. bribed lawmakers into killing anti-gambling ful tax revenue, has helped the industry In Washington, the rise of the gambling in- legislation earlier this year. That inquiry is move its operations into impoversished com- dustry has created influential power brokers. continuing, but many of the legislators who munities, with little attention paid to social In a single afternoon last June, Steve Wynn, are targets of it either have chosen to retire consequences like the effect on compulsive chairman of Mirage Resorts, one of the coun- or failed to win re-election this fall. gamblers or on small businesses there. try’s largest Casino companies, raised nearly In Pennsylvania, state Attorney General A backlash has begun to emerge in which $500,000 for the presidential campaign of Bob Ernie Preate, Jr. pleaded guilty in June to grass-roots anti-gambling drives in some Dole, the Senate majority leader. hiding campaign contributions from opera- states have managed to neutralize the influ- The fund-raising luncheon, at a posh Las tors of illegal video poker games. And from ence of big money. But that is no easy task. Vegas country club, came one day after Dole 1989 to 1992, lawmakers in Arizona, Ken- In the last two years, campaigns to estab- had traveled to Los Angeles to level a with- tucky, South Carolina and West Virginia lish or expand legalized gambling in Florida, ering attack on what he described as the were convicted of accepting bribes from gam- Missouri, Virginia and Connecticut have mercenary values of the entertainment in- bling interests. spent more money than was ever before dustry. Frank J. Fahrenkopf Jr., president of the spent in those states on any lobbying effort. Dole opposes new taxes on the gambling in- American Gaming Association, the indus- During Virginia’s legislative session this dustry, said his spokesman, Clarkson Hine, try’s trade group, told a congressional com- year, gambling interests hired 48 lobbyists. but supports creation of a federal commis- mittee last month that singling out legalized In Texas, they hired 74, more than two for sion to study gambling’s effects. The indus- betting as a corrupting influence was unfair. every state senator and one for every two try opposes such a commission, believing ‘‘The problem,’’ said Fahrenkopf, a former members of the Texas House. that it could lead to heightened regulation. Republican national chairman, ‘‘is that The lobbyists are often enlisted from the But Hine said Dole ‘‘feels strongly’’ that reg- where there is money, there is the potential ranks of former public officials. The lobby- ulation should be left to the states. for corruption, and that is by no means con- ing payroll in Illinois has included a former In any event, Mirage Resorts is hardly the fined to gaming interests.’’ After listing po- governor, a former state attorney general, a only gambling-industry player in the capital. litical scandals from Teapot Dome to Ab- former state police director, two former U.S. The 370-member Mashantucket Pequot tribe, scam, he added, ‘‘To suggest that it is unique attorneys, a former mayor of Chicago and virtually unknown until it opened the to our industry is manipulative, cynical and, dozens of former state legislators, including Foxwoods Resort Casino in Ledyard, Conn., frankly, dishonest.’’ a Senate president and a House majority in 1992, is one of many others, having given Even when operating within the law, leader. $465,000 to the Democratic National Commit- though, gambling supporters have sometimes Two years ago a Nevada casino company, tee and $100,000 to the Republican National lacked subtlety. Primadonna Resorts, offered two Illinois lob- Committee from 1991 to 1994. In 1994, the president of the Louisiana Sen- byists a compensation package of $20 million Gambling money is so abundant that on ate, Sammy Nunez, handed out envelopes to over 20 years if they could reel in a riverboat occasion it reaches out even to the most colleagues on the Senate floor, each contain- license. vocal of gambling opponents, like Gov. Kirk ing a $2,500 campaign check from a casino For an April 1994 referendum on allowing Fordice of Mississippi, where casino oper- owner. Nunez lost in a bid for re-election in slot machines in Missouri, committees fi- ations have been growing for five years. November. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18931 In Illinois in 1993, Al Ronan, a legislator the motion to proceed to the Labor- Clinton, we have had 3 straight years turned casino lobbyist, pulled lawmakers off HHS appropriations bill be postponed of reduction in the deficit of the budget the floor and handed them white envelopes to occur on Wednesday at a time to be of the United States of America. That containing campaign checks of $50 to $300. ‘‘The gambling companies have been like a determined by the majority leader is the first time that has happened bull in a china shop,’’ said William R. after consultation with the minority since Harry Truman. So this President Eadington, director of the Institute for the leader. has had some experience in fiscal re- Study of Gambling and Commercial Gaming, The PRESIDING OFFICER. Without sponsibility. at the University of Nevada at Reno. ‘‘These objection, it is so ordered. The President has said in that agree- were companies that did not have the sophis- f ment that he would agree to balance in tication to understand the nuances of politi- 7 years, and that we would accept Con- cal activity.’’ ORDER OF PROCEDURE gressional Budget Office numbers, with Some exports, noting the intense issue Mr. LOTT. Mr. President, I am pre- that gambling money has become in some the understanding that CBO would re- states and localities, believe that the indus- pared now to go to the closing state- view those numbers with the Office of try has turned into its own worst enemy. ment so that the staff of the Senate Management and Budget and outside Despite devoting $16.5 million to the ref- can proceed home in view of the ice and experts to make sure that their projec- erendum on casino legalization in Florida the weather that we are confronting. I tions were as nearly accurate as pos- last year, pro-gambling forces were crushed wondered if the Senator from Nebraska sible. at the polls, 62 percent to 38 percent, at least had any further comments, or could we He also said the other condition of partly because of voter discomfort with that go ahead and proceed to close the Sen- level of spending. making that agreement was the fact And given the corruption investigation in ate? that we wish the Republicans to enter Louisiana, candidates for governor there Mr. EXON. I thank my friend from into discussions with us to protect pro- spent much of the race this year trying to Mississippi for his offer. I will take 5 grams that the Democratic Party has trump each other’s anti-gambling stands. minutes allotted in morning business, worked long and hard to protect—Med- Further, after St. Louis County Executive and then I will be glad to join others on George Westfall accepted more than $150,000 icare, Medicaid, educational programs, my trek home, if that is satisfactory veterans benefits, agriculture, and oth- in contributions from companies competing with the Senator from Mississippi. for a riverboat casino license, the County ers. We did not feel that, rushing to Mr. LOTT. I certainly understand Council this year approved a ban on the in- judgment, the Republicans had lived up that. Then I will have to reserve the dustry’s political donations. to their part of that agreement. So, right, depending on what is said, for 5 In recent months, some casino companies therefore, I think that there can be le- have decided to put a stop to their own mul- minutes of my own. gitimate differences of opinion. And be- timillion-dollar political wagers. I yield the floor. cause that was worded in that manner, One such company is Mirage Resorts, The PRESIDING OFFICER. The Sen- I think almost anyone could have in- which spent more than $10 million in a four- ator from Nebraska is recognized. year failed campaign to place a casino in terpreted that particular agreement as Bridgeport, Conn. f they wanted to. ‘‘Our company policy right now is that we THE BUDGET It has been mentioned by my friend are not going to go or in any jurisdiction and actively lobby to change any law, to actively Mr. EXON. Mr. President, I would not from Nevada that—and we are talking try to convince people,’’ said Richard D. be on the floor tonight, and had not in- about the appropriations bills—if the Bronson, a member of Mirage’s board and tended to be on the floor tonight, until President would just sign the appro- president of the company’s development I saw a bevy of Republicans coming on priations bills, that would alleviate arm. ‘‘Look what happened in Connecticut.’’ the floor to try and beat up on the some of the problems. The appropria- Added Alan M. Feldman, Mirage’s vice tions bill should have been passed by president for public affairs: ‘‘It has told us President, in particular, and the Demo- cratic Party in general. When I heard the Republican-controlled Congress by that this isn’t our bag. We’re just not politi- October 1, 1995, when the new year cal animals.’’∑ that, I have responsibilities as the lead began. Here we are in December, just f Democrat on the Budget Committee, and I decided to stay here and hear passing appropriations bills—it is very MEASURE READ FOR THE FIRST what is going on. late, almost 90 days late— and then we TIME—HOUSE JOINT RESOLU- The Senator from Washington made say to the President of the United TION 132 several statements that I would like to States that because it is so late, be- Mr. LOTT. Mr. President, I inquire of take issue with. One thing that the cause we are so late getting these to the Chair if House Joint Resolution 132 Senator from Washington requested you, of course, you cannot veto them. has arrived from the House. was that if I was concerned about the That would be unfair. The PRESIDING OFFICER. It has. back-loading on the Republican budget We have also heard said that the Mr. LOTT. I ask for its first reading. plan, where 60 percent of the savings in President had shut down the Govern- The PRESIDING OFFICER. The the Republican budget plan to balance ment. He has not. The President of the clerk will read the joint resolution for the budget are put off until the sixth United States, through the Democratic the first time. and seventh year, did I have any sug- leader, Senator DASCHLE, made offer The assistant legislative clerk read gestions as to how we could eliminate after offer, which the Republicans re- as follows: that. Well, I sure do. jected, regarding a continuing resolu- A joint resolution (H.J. Res. 132) affirming If we would eliminate the $242 billion tion that would not have been nec- that budget negotiations shall be based on tax cut that basically benefits the essary to have 1 day of shutdown. So I the most recent technical and economic as- do not think it is fair to blame the sumptions of the Congressional Budget Of- wealthiest among us, for the most part, fice and shall achieve a balanced budget by that would be one way we could allevi- President of the United States for that. fiscal year 2002 based on those assumptions. ate that. I am happy to say that I think, given Mr. LOTT. Mr. President, I now ask I would also like to comment briefly the circumstances, we are now making for the second reading of the joint reso- on the several statements made on the some progress, as Senator DOLE and lution, and I object to my own request floor by those on that side of the aisle Senator DASCHLE earlier indicated on on behalf of the Democratic leader. regarding the President of the United the floor. I am not sure that we accom- The PRESIDING OFFICER. Objec- States breaking his agreement with re- plish a great deal with partisan bicker- tion is heard. gard to the continuing resolution that ing over something that we have f we worked out 2 weeks ago, I guess it placed, for their deliberation, consulta- was. I was there. I was part of that tion, and hope of resolving, in the CLOTURE VOTE ON MOTION TO agreement. The President has not bro- hands of the President of the United PROCEED TO THE LABOR-HHS ken his word. The President of the States, the majority leader, ROBERT APPROPRIATIONS BILL POST- United States said that he would ac- DOLE; the Speaker of the House, Mr. PONED UNTIL WEDNESDAY cept a 7-year plan to balance the budg- GINGRICH; the Democratic leader in the Mr. LOTT. Mr. President, I ask unan- et. And he has had a pretty good record House, Congressman GEPHARDT; and imous consent that the cloture vote on as President, because under President our own TOM DASCHLE, the Democratic S 18932 CONGRESSIONAL RECORD — SENATE December 19, 1995 leader in the Senate. Those five indi- all he had to do was to use the Lyndon street. Every time the President gets viduals have heavy, heavy responsibil- Johnson pen that has so much experi- on TV and just lowers the boom on us, ities, and they have very serious dif- ence spending the people’s money, sign are we supposed to stand here and say, ferences of opinion on a whole series of the bill, and he would have kept the ‘‘Gee, thank you very much.’’ No. We subjects. Government open. have got to stand up and speak up and I just hope that we can in good faith Why did he not sign them? A couple make sure the American people hear work with them and not bicker, at good reasons: No. 1, this President the other side of the story and then, of least until after we hear what their re- wants business as usual. Spend more course, that begets a response on the sults and recommendations are. I yield money. ‘‘I want more money for Inte- other side. It is time we bring this to a the floor. rior Department. I want more money conclusion and get a balanced budget. Mr. LOTT. Mr. President, I will be for Housing and Urban Development. I That is all I care about. We can do it. brief. I apologize for the little time want more money for State and Justice We can do it. that I will take, but there has been so and Commerce. Yes, more money for Mr. EXON. Will the Senator yield? much said here in the last 10 minutes everything and everybody. And the Mr. LOTT. I am happy to yield to the that needs debunking and refuting, it other thing is, I have these little policy Senator. is all I can do to restrain myself. questions. I do not like it because you Mr. EXON. Did I understand the Sen- I would like to take a bipartisan tone are allowing too much timber to be cut ator to say—what year was it—1987? and hope that these discussions would in Alaska.’’ Give me a break. The peo- Mr. LOTT. It was at least a couple be successful, and I wonder why they ple in Mississippi think trees are to be years in there, 1987 and 1988, the Demo- were not completed a week ago, 2 harvested. We certainly do not want to cratic Congress did not pass a single weeks ago, a month more or even see the Government shut down by the appropriations bill. Put it in a big CR. longer. There are so many inconsist- President because of the number of feet Mr. EXON. I do not remember the encies being put out that I just cannot of timber we are going to cut in Alas- reasons for that, but 1986, of course, we stand still and not respond to some of ka. had a Republican-controlled Senate, then. I am amazed that the President of and I would not want to blame them With regard to the 60 percent back the United States can go on TV and for that. end question, that there has been a lot say, ‘‘I am vetoing the appropriations Mr. LOTT. I said 1987. of talk how 60 percent of the savings bills, and, gee, I wish Congress would Mr. EXON. In other words, what you come at the back end, as a matter of not shut down these departments.’’ are saying, it was a Democratically fact, that is the result of genuine real Yesterday, the last 48 hours, if the controlled House and Senate that did reforms in the so-called entitlement President signed three appropriations that? programs that we make this year. If we bills, 621,000 Federal employees would Mr. LOTT. I believe it was, yes, sir. do not make them this year, we will have been at work. Mr. EXON. It probably was 1987 and never get them. Even if we make them But look, that is not the big issue. 1988 because in that time we did con- this year, the impact builds over the The big issue is what can we do to get trol both Houses, not 1986. years. together to legitimately get a balanced I have no further comments, and if That is the exact reason why we need budget. It is time we do that. we are ready to close, I am ready to these entitlement reforms, because if Now, I believe—I know it is some- close. we do not have these reforms, these thing that a lot of Members do not ac- programs will continue to explode out cept—I believe you let the hard-work- f of control, go up at the rate of 10 per- ing taxpayers of the country keep a lit- cent or 11 percent or more. Medicaid, I tle bit of their money, as a matter of ORDERS FOR WEDNESDAY, think, was going up at one point in the fact, save it or spend it, it helps the DECEMBER 20, 1995 high teens. We want to reform these economy. I know we cannot get dy- programs to save them. namic scoring, but when you let people Mr. LOTT. I ask unanimous consent What really amazes me is my col- keep their money, we wind up getting that when the Senate completes its leagues say, ‘‘Yes, we want a balanced more money in the Treasury, not less. business today, it stand in adjourn- budget. We want to reduce the debt, I ask the Democrats, do they want to ment until the hour of 10 a.m, Wednes- but we do not want to control spend- keep the marriage penalty in the Tax day, December 20; that following the ing.’’ You cannot have it both ways. Code? I assume the answer is no. The prayer, the Journal of proceedings be You cannot say we are not going to only way to get rid of it is to do it, and deemed approved to date, no resolu- touch the entitlements, we will not it costs a little money. You call that tions come over under the rule, the call touch welfare, we will not touch Medi- tax cuts for the wealthy? Baloney. of the calendar be dispensed with, the care or Medicaid, and by the way, we That is tax cuts for young people, morning hour be deemed as having ex- want to spend endless amounts on ap- whom we hope will get married and pay pired, and the time of the two leaders propriations bills. You just cannot not more taxes but at least the same. be reserved for their use later in the have it both ways. To get a balanced Do you object to spousal IRA for the day. budget, you have to agree to some con- working spouse in the home? The only The PRESIDING OFFICER. Without trols or, Heaven forbid, some cuts. people in America that cannot have an objection, it is so ordered. Now, this talk about how the Con- IRA are working spouses in the home. Mr. LOTT. I ask unanimous consent gress majority this year has not sent The only way to get it is to give them that at 10 a.m. the Senate turn to the the appropriations bills to the Presi- an opportunity to save in an individual consideration of Senate Resolution 199. dent. In 1987 and 1988, the Democratic account. Capital gains tax cut, I am The PRESIDING OFFICER. Without Congress did not send a single—not for. A lot of people in Mississippi like objection, it is so ordered. one—appropriations bill to the Presi- that. They have timberlands and do f dent. In 1987, all 13 appropriations bills not want 40 percent taken by the Gov- were lumped into one big wad, with the ernment. budget, with the debt ceiling, sent I emphasize this on the floor of the PROGRAM down to the President of the United Senate. We really criticize tax cuts. Do Mr. LOTT. For the information of all States, President Reagan. The Con- you know what tax cuts are? This is Senators, the Senate will begin consid- gress left town and said, ‘‘Good luck, letting the people that pay the taxes eration of Senate Resolution 199 re- Mr. President. Goodbye.’’ keep a little of their money. The Amer- garding the Whitewater subpoena at 10 Do not give me alligator tears how ican people are taxed basically at 50 a.m. We are hoping that a time agree- we have not passed appropriations percent. ment can be reached on that resolution bills. When we pass them and send My time is expired. I could go on and to allow a vote after a reasonable them to the President and he vetoes on about all of this. I will stop at this amount of debate. Senators can there- them and he says the Congress closed point. Yes, I would like for us to cool fore expect votes to occur throughout down the Government, my goodness, down the rhetoric. It is a two-way the day during Wednesday’s session. December 19, 1995 CONGRESSIONAL RECORD — SENATE S 18933 ADJOURNMENT UNTIL 10 A.M. NOMINATIONS THE JUDICIARY TOMORROW MARY ANN VIAL LEMMON, OF LOUISIANA, TO BE U.S. Executive nominations received by Mr. LOTT. If there is no further busi- DISTRICT JUDGE FOR THE EASTERN DISTRICT OF LOU- the Senate December 19, 1995: ISIANA, VICE PETER HILL BEER, RETIRED. ness to come before the Senate, I now MICHAEL D. SCHATTMAN, OF TEXAS, TO BE U.S. DIS- TRICT JUDGE FOR THE NORTHERN DISTRICT OF TEXAS, ask unanimous consent that the Sen- NATIONAL FOUNDATION ON THE ARTS AND THE VICE HAROLD BAREFOOT SANDERS, JR., RETIRED. ate stand in adjournment under the HUMANITIES previous order. SPEIGHT JENKINS, OF WASHINGTON, TO BE A MEMBER There being no objection, the Senate, OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM at 8:08 p.m., adjourned until Wednes- EXPIRING SEPTEMBER 3, 2000, VICE PHILIP BRUNELLE, TERM EXPIRED. day, December 20, 1995, at 10 a.m. December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2385 EXTENSIONS OF REMARKS

COMMEMORATING THE 50TH ANNI- peake Bay until 21 August 1944. On that date Enterprise which was in formation off the VERSARY OF END OF WORLD the U.S.S. MISSOURI departed for the Gulf MISSOURI’s port bow. At 0805 this ship to- WAR II of Paria, Naval Operations Base, Trinidad, gether with others in the formation opened B.W.I., arriving on 25 August 1944. The ship fire at an enemy plane identified as ‘‘Nick’’ conducted gunnery, flight, engineering and or ‘‘Helen’’. The plane burst into flames and HON. JIM SAXTON other shakedown exercises in the area until unsuccessfully attempted to crash the U.S.S. OF NEW JERSEY 17 September 1944. MISSOURI then returned Intrepid. At 0828 and 0850 the ship opened fire IN THE HOUSE OF REPRESENTATIVES to New York. The ship remained in New on enemy planes. The first was observed to Monday, December 18, 1995 York Harbor until final departure with Task be damaged when the ship ceased fire and Group 27.7 on 11 November 1944 for Cristobal was later splashed by the Combat Air Patrol Mr. SAXTON. Mr. Speaker, as we draw to Canal Zone. Transited the Panama Canal and while the second was downed by gunfire. At a close of 1995 I thought it appropriate to arrived in Balboa on 18 November on which 1316 the MISSOURI opened fire at a plane once again remember the 50th anniversary of date the ship joined the Pacific Fleet. Depar- which dropped a bomb near the U.S.S. York- World War II. Our Nation owes deep gratitude ture from the Panama Canal Zone was in town and at 1320 fired upon a plane which ap- to the men and women who proudly served company with Task Unit 12.7.1 on 19 Novem- proached to 2,500 yards. Both of these planes ber and the ship arrived in San Francisco were destroyed by gunfire. A number of our country during its time of need. Bay on 28 November. The U.S.S. MISSOURI One such veteran, a constituent of the Third enemy planes remained out of range in the escorted by the destroyers BAILEY and vicinity of the formation until 2115 when the District of New Jersey, Harold Loeffler, served TERRY departed San Francisco on 18 De- last plane of the day was splashed by a night aboard the USS Missouri during World War II. cember 1944 as Task Unit 12.7.1 and entered fighter. While serving on the Missouri, Mr. Loeffler wit- Pearl Harbor, T.H. on 24 December 1944. The On 19 March eight enemy raids were nessed the signing of the Japanese surrender. U.S.S. MISSOURI as part of Task Unit 12.5.9 tracked by radar before sunrise but none In a letter by Mr. Loeffler to my office, he ex- departed Pearl Harbor on 1 January 1945 closed to within range. At 0708 firing was pressed his thoughts on the battleship and the headed westward. On 13 January 1945 the seen on the horizon and almost immediately war. I have included his letter and a history of MISSOURI arrived at Ulithi, Western Caro- a carrier in Task Group 58.2 was seen to line Islands and reported to Commander burst into flame. This carrier was later iden- the USS Missouri, as it appeared in the Third Fleet for duty and on 26 January to tified by TBS as the U.S.S. Franklin. During commemoratorive program honoring the bat- Commander Fifth Fleet. The ship operated the balance of the day there were a number tleship, 10±2±95, so that they may help us re- from Ulithi conducting provisioning and of alerts and enemy planes were downed by member our victory 50 years ago. training exercises until 10 February 1945. the Combat Air Patrol but none approached WE ARE THE LAST 10 FEBRUARY TO 5 MARCH 1945 within range of the formation. During the We are the last. After we are gone there The ship departed Ulithi Anchorage on 10 period 19 to 21 March there were numerous will be no more. No one will follow in our February 1945 in Task Group 58.2 and oper- reports of enemy aircraft in the area, how- wake. For over 100 years we were the pride of ated in Task Force 58 during the period from ever, these were either accounted for by the the Navy. We were battleship sailors!!! 10 February to 5 March in preparation for Combat Air Patrol or did not approach with- We were with Dewey at Manilla. We died and support of the Iwo Jima operation. As in range of MISSOURI’s guns. on the Maine in Havana. We manned the part of Task Force 58 the ship participated in On 24 March the ship, with others, was de- dreadnaughts and sailed around the world in the first East Carrier Task Force strikes tached from Task Group 58.4 to form Task Teddy Roosevelt’s Great White Fleet. We pa- against Tokyo on 16 and 17 February 1945. Force 59. As part of Task Force 59 the ship trolled the Atlantic during the ‘‘War To End The anticipated opposition to these strikes participated in the bombardment of south- All Wars’’ as the 6th Battle Squadron in the did not materialize. However, on the evening eastern Okinawa Shima on March 24. This British Grand Fleet. of 19 February, while steaming off Iwo Jima, was accomplished at extreme range and ac- As the battleships grew larger we grew several small groups of unidentified aircraft curate assessment of damage was therefore, with them becoming more technically were discovered by radar to be closing the not possible. Thereafter the ship fueled and skilled as improvements in armament, engi- formation. The ship opened fire on one of rejoined Task Group 58.4 on 26 March 1945 neering and communciations advanced. As these targets and an enemy aircraft ten- and as part of Task Force 58 the ship contin- technology progressed, we progressed to be tatively identified as a ‘‘Helen’’ burst into ued to operate off Okinawa Gunto and par- the finest sailors in the world. . . . Battle- flames and crashed for a successful conclu- ticipated in strikes against Kyushu until ship Sailors! sion to the ship’s first action against the May 6. During this period there were fre- Then came Pearl Harbor. We gallantly enemy. quent alerts and enemy aircraft were de- fought off the sneak attack. We saved what The ship participated as part of Task Force stroyed by Combat Air Patrol in the vicin- we could to fight another day, but our losses 58 in the 19 to 23 February air strikes in sup- ity. The ship opened fire on 29 March 1945 on were devastating. Every battleship sustained port of the landing forces on Iwo Jima, the 25 a plane which unsuccessfully attempted to damage. The Arizona became a water mau- February strikes against the Tokyo area and dive upon the U.S.S. Yorktown and on 7 soleum for her ghostly heroic crew. the 1 March 1945 strikes against Okinawa April the ship was with Task Force 58 during Fittingly, when the end came, the surren- Shima. the air strikes which sank the Japanese bat- der instruments were signed aboard a battle- tle ship Yamato. ship! 5 TO 13 MARCH 1945 On 11 April 1945, Task Force 58 was engaged Extended life was given battleships with As part of Task Force 58, the ship re- in neutralizing sweeps against southern Korea, Nam, the Mid-East and Desert Storm mained at anchor in Ulithi Anchorage engag- Kyushu airfields. During the morning one and now they are needed no more. The last ing in routine repairs and replenishment enemy raid was destroyed by the Combat Air were removed from the Naval Registry in from 5 to 13 March. On 9 March the ship was Patrol. At 1330 several groups of unidentified August 1995. reassigned from Task Group 58.2 to Task planes were reported approaching the forma- We are the last. After we are gone there Group 58.4. tion. By 1340 reports had been received that will be no more. No one will follow in our 14 MARCH TO 14 JUNE 1945 13 enemy planes had been splashed and that wake. For over 100 years we were the pride of The ship departed Ulithi Anchorage on 14 3 others were approaching the formation at the Navy. We were BATTLESHIP SAILORS! March as part of Task Force 59 and following high speed and low altitude. At 1442 the ship HISTORY OF THE U.S.S. MISSOURI (BB–63) exercises in company with Battleship Squad- opened fire on a low flying ‘‘Zeke’’ and al- The U.S.S. MISSOURI was built by the ron Two on 14 and 15 March, the MISSOURI though many hits were observed, the pilot Navy Yard, New York, her keel being laid on joined Task Group 58.4 on 16 March. As part succeeded in crashing the side of the MIS- 6 January 1941. She was Christened by Miss of Task Force 58 the ship participated in the SOURI immediately below the main deck at Margaret Truman on 29 January 1944, and 18 and 19 March carrier aircraft attacks frame 169 on the starboard side. Parts of the placed in full commission by the Com- against Kyushu and the Island Sea area. Dur- plane were scattered along the starboard side mandant Navy Yard, New York on Sunday, ing the afternoon and night of 17 March of the ship and the pilot’s mutilated body 11 June 1944. Captain William M. Callaghan, enemy aircraft were known to be in the vi- landed aboard. One wing of the plane was U.S. Navy, accepted the ship and assumed cinity of the Task Force, however, none thrown forward and lodged near 5 inch command. closed to within range of the ships of the for- mount number 3 where gasoline started a The ship remained in New York Harbor mation. At 0741 on 18 March an enemy plane fire which was rapidly extinguished. The ship until 3 August 1944, then operated in Chesa- succeeded in dropping a bomb on the U.S.S. sustained only superficial damage and none

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E 2386 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 of the ship’s company was injured. Later May Captain W. M. Callaghan, USN, was de- area from 2315 on 17 July to 0600 on 18 July. during the day the ship unsuccessfully fired tached from duty as Commanding Officer of The bombardment was conducted in exceed- upon a twin engine plane which passed ap- the MISSOURI and was relieved by Captain ingly poor weather which made spotting or proximately 12,000 yards astern of the ship. S. S. Murray, USN, the ship departed Ulithi illumination of targets as well as determina- Enemy planes were known to be in the vicin- on 17 May and arrived Apra Harbor, Guam on tion of the bombardment results impossible. ity during the night and at 2327 the ship 18 May where, at 1527 Admiral W. F. Halsey, On 18 July the MISSOURI rejoined Task commenced firing at a twin engine plane USN, Commander Third Fleet, hoisted his Group 38.4 which conducted air strikes which crashed approximately one minute flag aboard the U.S.S. MISSOURI. against targets in the Tokyo area on that later. On the next day, ships on the other The ship and screening destroyers McNair day. During 20, 21 and 22 July the most ex- side of the formation fired upon one enemy and Wedderburn formed Task Group 30.1 on tensive replenishment of fuel, ammunition plane and enemy snoopers were in the vicin- 21 May and departed Apra Harbor for and provisions were attempted at sea was ity during the period from 12 to 14 April 1945, Hagushi Anchorage, Okinawa Shima, arrived completed and on 23 July the Task Force but the MISSOURI did not open fire. 26 May. While at Hagushi Anchorage on 26 again was en route for strikes against com- On 16 April Task Force 58 was again con- May the ship was twice alerted for air at- batant shipping in the Kure-Kobe area of the ducting raids in support of the landing forces tacks but none developed in the immediate Inland Sea and although enemy planes were on Okinawa Shima and strikes against the vicinity. The ship departed Hagushi Anchor- reported in the vicinity none succeeded in Japanese airfields on southern Kyushu. At age in the afternoon of 27 May and conducted evading the Combat Air Patrol. Poor weath- 0038 the first Japanese planes approached the a bombardment of targets on southeastern er had prevailed during these strikes and formation but retired after being fired upon Okinawa Shima in support of the occupying they were therefore repeated on 28 July, by ships of the screen. From this time until forces, and then proceeded to rendezvous again with no enemy air activity over the 1303 numerous reports of enemy planes were with Task Force 38 off eastern Okinawa Task Force. On the twenty-ninth a return to received but none closed to within range. At Shima. At midnight of 27 May command of the Tokyo area commenced and on 30 July 1303 a group of planes which later developed all forces of the Fifth Fleet passed to Com- aircraft of the Task Force hit the Tokyo- to be Kamikazes were discovered heading for mander Third Fleet. The MISSOURI rejoined Nagoya area. Again there was no enemy air the formation. Shortly after 1326 the ship Task Group 38.4 on 28 May. The Task Force opposition over the Task Force. The first six opened fire on a low flying ‘‘Zeke’’ which remained off Okinawa Gunto with the car- days of August were spent in fueling and ma- crashed close aboard the U.S.S. Intrepid. riers furnishing air support to the occupa- neuvers to avoid the paths of two typhoons Two minutes later fire was opened on a sec- tion forces. There was no enemy air activity which moved north along the Japanese ond ‘‘Zeke’’ and when hit the pilot of this in the vicinity of the Task Force from 28 coast. On 7 August the Task Force com- plane attempted to crash the MISSOURI. May to 10 June although during this period menced a run to position to strike northern The wing tip of this plane struck the ship’s the force again conducted strikes on 2 and 3 Honshu and Hokkaido, however, on 8 August aircraft crane on the stern and the ‘‘Zeke’’ June against the Kyushu airfields. On 4 June fog and low visibility prevented flight oper- crashed a short distance astern exploding reports of a typhoon 50 miles south south- ations and the Task Force proceeded south violently. Debris was thrown aboard ship but west of the Task Force were received and the in search of more favorable weather. On 8 only minor material damage was sustained. Task Force withdrew from position in the August Japanese aircraft were encountered At 1335, nine minutes after the ship opened path of the typhoon. Heavy weather was ex- by the Combat Air Patrol and on 9 August fire on the first plane, a third plane identi- perienced during 5 May and very minor dam- the picket destroyers of the formation had fied as a ‘‘Hamp’’ was fired upon while diving age was sustained by the ship due to the been under attack and at 1610 a ‘‘Grace’’ was on the ship. The ‘‘Hamp’’ burst into flame, heavy seas. On 8 June the Force returned to splashed astern of the MISSOURI and close passed over the ship at an altitude of about strike southern Kyushu airfields and on 9 aboard the U.S.S. Wasp. Due to the Missou- 300 feet and crashed close aboard off the star- and 10 June air strikes were made against ri’s position in the formation the 40 MM guns board bow. One minute later two planes dove the islands of Daito Shoto. On 10 June Task only were able to fire at this plane. The on the U.S.S. Intrepid. One succeeded in Force 38 commenced retiring to San Pedro tenth to twelfth of August were spent in re- crashing her and the other was destroyed. Bay, Leyte, P.I., arriving on 13 June 1945. plenishment and many conferences of Task From 1514 to 1516 the ship fired upon two The period 14 June to 1 July was spent in up- Force and Group Commanders were held planes. One of these crashed forward of the keep, provisioning and recreation at Leyte aboard the MISSOURI as a result of the in- Intrepid and the other close aboard a de- Anchorage. formation received concerning Japanese sur- stroyer. Two minutes later a third plane render proposals. which passed 6,000 yards astern of the ship 1 JULY TO 15 AUGUST 1945 On 13 August other Task Groups of Task was fired upon and disappeared over the hori- The MISSOURI departed Leyte on the Force 38 were under air attack but no enemy zon. Shortly thereafter a plane was observed morning of 1 July and the first eight days at aircraft were over Task Group 38.4. 14 August to crash and burn in that general direction. sea were spent in exercise periods under was spent in getting into position for further During the remainder of the afternoon Unit, Group and Task Force Commanders, strikes against the Tokyo area. These planes were shot down by other Task Groups while the Task Force was heading in a gen- strikes were launched on 15 August but were but none came within range of the ship. At eral northerly direction. On the evening of 9 recalled as a result of an urgent dispatch 2050 and 2110 the ship opened fire on planes July a high speed run toward the Tokyo area from CincPac. At 1109, by direction of Com- which came within 5 inch gun range and both commenced. At 0400 on the tenth the various mander Third Fleet the MISSOURI’s whistle immediately withdrew. Enemy planes air strikes against airfields in the Tokyo and siren were sounded for a period of one dropped window in the vicinity during the area commenced and although enemy air- minute while battle colors were broken and balance of the night but none closed the for- craft were reported none succeeded in get- Admiral Halsey’s personal flag was raised in mation. ting through the air patrol. The Task Force official recognition of the end of active hos- On 17 April a 35 plane raid was destroyed proceeded northeast on 11 July and on 13 tilities against the Japanese Empire. During by the Combat Air Patrol approximately 60 July was off northern Honshu and Hokkaido this day the Combat Air Patrol splashed Jap- miles from the formation. However, no prepared for air strikes which it developed anese aircraft in the vicinity of the Task enemy planes closed the formation. During could not be made on account of poor weath- Force but none penetrated the patrol. the night the ship had a surface radar con- er and low visibility. On the fourteenth the From 15 to 26 August the MISSOURI oper- tact which was later developed by destroyers air strikes against northern Honshu and ated off the coast of Japan awaiting orders of the screen and resulted in a kill on an Hokkaido shipping and airfields were made. to proceed with the occupation of Japan. On enemy submarine on the following day. On 15 July the MISSOURI joined Task Unit 27 August the MISSOURI and escorting de- There was no enemy activity from April 23 34.8.2 for the bombardment of industrial tar- stroyers proceeded into Sagami Wan, to April 28. gets located in Muroran Hokkaido. No oppo- Honshu, having taken aboard Japanese emis- On 29 April enemy aircraft was reported sition developed during the approach, nor saries and a pilot. The 28th of August was destroyed by the Combat Air Patrol in the was there return fire from shore while the spent at anchor and on 29 August the MIS- morning. At 1645 the ships of the formation Task Unit shelled the Nihon Steel Works and SOURI got underway and entered Tokyo Bay including the MISSOURI fired upon and Wanished Iron Works between 0935 and 1027 anchoring off Yokosuka Naval Station at downed one enemy plane. Later during the (Item) with good results. The MISSOURI re- 0925. early morning of 30 April, night fighters joined Task Group 38.4 in the evening and The ship remained at anchor in Tokyo Bay splashed enemy planes in the vicinity of the proceeded south to fuel on 16 July. The Task without incident, until 2 September on formation but no ships fired during that day. Force was in position on 17 July to conduct which day the formal document of the Japa- On May first, second, and third, no enemy air strikes against airfields in the Tokyo nese surrender was executed aboard the planes were known to be in the area and on area. However, the weather was again unfa- U.S.S. MISSOURI. On that day Fleet Admi- May four and five, although Japanese planes vorable for air operations. In the afternoon ral C. W. Nimitz boarded the MISSOURI at were splashed by the Combat Air Patrol, of the 17th the MISSOURI again joined Task 0805 and his personal flag was broken. At 0843 none approached the formation. On 6 May Unit 34.8.2 and proceeded to bombard the General of the Army Douglas MacArthur the MISSOURI was detached from Task Hitachi area, Honshu. There was again no op- came aboard. At 0856 the Japanese represent- Group 58.4 and proceeded to Ulithi Anchor- position to the approach of the bombardment atives arrived and between 0902 and 0906 the age Fleet. The ship arrived in Ulithi on 9 group and no return fire during the bombard- Japanese representatives signed the Instru- May and remained there until 17 May. On 14 ment of industrial targets in the Hitachi ment of Surrender and two minutes later December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2387 General MacArthur signed the Instrument. In company with the cruiser U.S.C. Helena Cuba. She was back again for overhaul in the The ceremony was completed at 0925 and the and two destroyers, she helped prepare the Norfolk Naval Shipyard from 20 November various dignitaries departed the ship. There- way for the Eighth Army offensive. In a 1953 to 2 April 1954. In May, she picked up after the MISSOURI remained at anchor in bombardment of the Pohang area 17 Septem- midshipmen from Annapolis and started a Tokyo Bay until 6 September 1945, when she ber 1950, Missouri’s 16-inch shells assisted training cruise to Europe. Standing out of departed for Apra Harbor, Guam. Admiral the South Korean troops in the capture of Hampton Bays, MISSOURI aligned with the William F. Halsey transferred his flag as that town and their advance to Yongdok. other Iowa Class battleships for the one and Commander Third Fleet to the U.S.S. South Her bombardment of the Mitsubishi Iron only time. IOWA, NEW JERSEY, MISSOURI, Dakota on 5 September 1945. Passage from Works and the airfield at Chongjin on 12 Oc- and WISCONSIN sailed together as the fu- Tokoyo Bay to Guam was without incident tober were a significant factor in the ad- ture ‘‘Strength for Freedom.’’ MISSOURI and the MISSOURI arrived in Apra Harbor vance of American and other United Nations visited the ports of Lisbon, Portugal and on on 9 September. The ship departed Guam forces embattled ashore. Her guns did consid- 6 June 1954, the Port of Cherbourg, celebrat- with homeward bound veterans on 12 Sep- erable damage to marshaling yards and a ing the 10th anniversary of the Normandy tember 1945 and arrived Pearl Harbor, T. H. strategic railroad bridge on the Tanchon landings or ‘‘D-Day.’’ In August she left Nor- on 20 September 1945. area. She moved on to bombard Wonsan and folk for the west coast and inactivation. then moved into Hungnam 23 December 1950. POST WORLD WAR II MISSOURI traversed the Panama Canal and Her powerful guns hit enemy troop con- made ports of call in Long Beach, San Fran- On 29 September 1945, MISSOURI departed centrations, command posts, and lines of cisco, and Seattle where tens of thousands of Pearl Harbor and headed for the Eastern sea- communication, providing cover for the citizens visited the ship. The ship then went board of the United States. Transiting the evacuation of the last of the UN troops from to the Bremerton Naval Shipyard for Panama Canal, she headed for New York Hungnam on Christmas Eve, 1950. In the mothballing. There she was decommissioned where she became the flagship of Admiral opening weeks of 1951, MISSOURI continued 26 February 1955 and assigned to the Bremer- Jonas Ingram, Commander in Chief, United coastal bombardment aimed at destroying ton Group, U.S. Pacific Reserve Fleet. States Atlantic Fleet, on 24 October 1945. On transportation facilities and disrupting the MISSOURI served as headquarters ship of 27 October 1945, the MISSOURI boomed out a flow of enemy reinforcements and supplies to the Bremerton Group where she was open 21 gun salute as she was boarded by Presi- central Korea. She joined a heavy bombard- year round to visitors. As many as 100,000 dent Harry S. Truman during Navy Day cele- ment group off Kansong on 29 January 1951 people a year visited MISSOURI to see the bration ceremonies. in a simulated amphibious assault which place on her deck where the Japanese surren- After overhaul in the New York Yard, and provided a diversion some 50 miles behind dered ending the Second World War. a training cruise to Cuba, the MISSOURI the enemies front lines. NEW BIRTH was on her way to Gibralter in March 1946. During the first week of February, she From there she passed into the Mediterra- After almost 30 years at rest, MISSOURI, gave fire support to assist the advance of the on 14 May 1984 left her berth in Bremerton nean on a goodwill mission that served also Tenth U.S. Army Corps in the area of as an impressive demonstration of American and was towed to the Long Beach Naval Kangnung. She systematically bombarded Shipyard for modernization and scheduled military power. Her presence symbolized transportation facilities and enemy troop U.S. support for the rights and freedom of recommissioning in June, 1986. MISSOURI concentrations in the vicinity of Tanchon was recommissioned in San Francisco and Greece and Turkey, both in danger on being and Songjin. She made similar gun strikes drawn into the Soviet orbit of satellite departed on an around-the-world shakedown between 14 and 19 March at Kojo Wan, cruise, the first battleship to circumnavigate states. Songjin, Chaho, and Wonsan aimed primarily In Rio de Janeiro, on 2 September 1947, the the world since President Theodore Roo- at transport complexes necessary for the MISSOURI was again a symbol of American sevelt’s ‘‘Great White Fleet’’ of 1907–1909. continued reinforcement and supply of strength in support of its allies against the The ship was home ported in Long Beach, enemy forces in central Korea. advances of Communist aggression. The MIS- California. Then, on 28 March 1951, MISSOURI was re- In 1987, MISSOURI journeyed to the trou- SOURI provided the site for President Tru- lieved of duty in the Far East and left for the bled waters of the Persian Gulf, supporting man to sign the Rio Treaty which made the United States and Norfolk, arriving there 27 operations near the Strait of Hormiz. During Monroe Doctrine a multilateral pact. Busi- April 1951. She again joined the Atlantic 1988, MISSOURI participated in the Rim of ness and ceremonial duties concluded, Presi- Fleet to train midshipmen and other pro- the Pacific (RimPac) Exercise off the coast dent Truman, accompanied by Mrs. Truman spective naval officers until 18 October 1951 of Hawaii. Following a routine shipyard pe- and his daughter Margaret, returned to the when she entered Norfolk Naval Shipyard for riod in early 1989, MISSOURI returned to sea United States aboard the battleship. From 23 an overhaul which lasted until January 1952. and later in the year participated in Pacific September 1947 to 10 March 1948, the MIS- On 4 August 1952, MISSOURI was again in Exercise (PacEx) ’89 and visited Pusan Ko- SOURI was in the New York Navy Yard for the Norfolk Naval Shipyard for overhaul rean. overhaul and then went on a training cruise being prepared for her second tour of the Ko- to Guantanamo Bay, Cuba. She arrived in PERSIAN GULF rean Combat Zone. She stood out of Hamp- MISSOURI deployed to the Persian Gulf in Annapolis in June to take on midshipmen for ton Roads 11 September 1952, and by end of a training cruise to Portugal, France, Alge- support of Desert Shield. On the first day of October, as flagship of the U.S. Seventh Desert Storm, she fired her 16’’ guns at Iraqi ria and back to Cuba. Fleet, she was providing seagoing artillery On 17 January 1950, heading to sea from targets inside Kuwait. The USS Nicholas support to Republic of Korea troops in the Hampton Roads, the MISSOURI ran aground. (FFG–47) escorted her in and she began shell- Chaho area. It was 0825, close to high tide, when the bat- ing targets first. From 4–6 February, she Throughout the remaining months of 1952, fired 112 16’’ shells, along with Tomahawk tleship ran aground 1.6 miles from Thimble MISSOURI was on ‘‘Cobra Patrol’’ along the Shoals Lights near Old Point Comfort. She missiles. The ship was finally relieved by the East coast of Korea. She participated in a USS Wisconsin. traversed shoal water a distance of three combined air-gun strike at Chongjin on 17 ship lengths, about 2,500 feet, from the main As for the 1990’s, MISSOURI is as she was November and on 8 December was bombard- during the 1940’s; ready for sea and always channel. Lifted about seven feet above the ing in the Tanchon-Songjin area. The next water line, she stuck hard and fast. It took ready to answer the call of battle. In Novem- day it was Chaho, and 10 December Wonsan ber, 1993, MISSOURI departed Long beach for many tugs, pontoons, and an incoming tide felt the power of her guns. During the bom- Pearl Harbor, where she was the host ship for to free her finally on 1 February. The inci- bardment of the Hamhung and Hungnam the 50th anniversary of the attack on Pearl dent provided Navy personnel with valuable areas MISSOURI lost three of her men when Harbor. She returned to Long Beach and was experience in extensive and diverse salvage her spotter helicopter crashed into the win- decommissioned on March 31, 1992. She was work. try sea on 21 December 1952. On patrol in towed to the Bremerton, Washington ship- KOREA early 1953, MISSOURI made repeated gun yard where she has rested as part of the Until called to support United Nations strikes running swiftly just 25 miles offshore Naval Reserve Fleet. Forces in embattled Korea in 1950, the MIS- in direct support of troops on land. Missouri On 2 September 1995, the U.S.S. MISSOURI SOURI trained thousands of naval reserves, sustained a grievous casualty 26 March, ASSOCIATION, INC. will hold ceremonies at midshipmen, and other naval personnel on when her Commanding Officer, Captain War- the ship in Bremerton, WA, honoring those cruises from New England to the Caribbean ner R. Edsall suffered a fatal heart attack who have served aboard the ship and have and across the Atlantic to English and Euro- while conning her through submarine nets at passed on, as well as those who have served pean waters. Sasebo, Japan. Her last fighting mission of aboard at the time and are attending the Leaving Norfolk 19 August 1950, MISSOURI the Korean War was on 25 March 1953 was to 50th anniversary of the surrender signing. became the first American battleship to resume ‘‘Cobra’’ patrol where she bombarded Upon call, MISSOURI will still be a power- reach Korean waters just one day in advance the Kojo area. ful and fearful dreadnought in the best tradi- of the Inchon landings on 15 September 1950. The MISSOURI was relieved as flagship on tion of the U.S. Navy. On arrival off Kyushu, Japan, MISSOURI be- 6 April 1953 and left Yokosuka the following Postscript: On the 5th of January 1995, the came the flag ship of Rear Admiral A.E. day to return to the Atlantic Fleet. She ar- Department of the Navy Chief of Naval Oper- Smith, and the next day was bombarding rived at Norfolk 4 May 1953 and put out al- ations, by reference of President Clinton and Samchok in a diversionary move coordinated most immediately for a midshipman training the Board of Inspection and Survey, rec- with the Inchon landings. cruise to Brazil, Trinidad, Panama, and ommended that the Iowa Class Battleship, E 2388 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 including the U.S.S. MISSOURI, be stricken The Earth Angels have also shown a very The Trade Act of 1974 authorizes the Presi- from the Naval Vessel Register. This was ap- special awareness and compassion for young dent to assist a domestic industry by imposing proved by the Secretary of the Navy John H. people who are the victims of violence. They duties or modifying concessions if it has been Dalton on 12 January 1995 and the ships await their final destiny. (2 September 1995) have established a Forest of Life project which determined that an increase in imports has plants one tree, in a special area of Forest been a substantial cause of or threatens seri- f Park, for each child killed by violence in the ous injury to the domestic industry. However, SALUTE TO ST. LOUIS EARTH city of St. Louis. domestic industry is currently defined narrowly ANGELS Earth Angels children are studying science by the trade act so as not to include the sea- and nature in order to promote life. In their sonal industries. Consequently, producers of HON. WILLIAM (BILL) CLAY many undertakings, these children are improv- perishable agricultural products who produce OF MISSOURI ing both their own life skills and the quality of their product during a particular growing sea- IN THE HOUSE OF REPRESENTATIVES life around them. The Earth Angels inspire son are grouped together with all growers of others with their passion for learning and will- this product during the full calendar year, and Monday, December 18, 1995 ingness to help solve community problems. therefore these seasonal producers are unable Mr. CLAY. Mr. Speaker, too often we hear These young people are our hope for the fu- to show the requisite injury needed for an anti- about young people who are involved with ture. I congratulate each member of the Earth dumping action. drugs or engaged in other criminal activities. Angels and wish them every continued suc- This bill corrects this inequity by expanding Newspaper and television reports about trou- cess in all their future endeavors. the definition of domestic industry to account bled youths and gang violence in cities across f for the seasonal nature of agricultural prod- the Nation are almost routine stories which ucts. Specifically, a domestic producer would can overshadow the achievements of the ma- HIS EMINENCE METROPOLITAN VIKENTIOS HONORED FOR SERV- include a producer that sells all or almost all jority of responsible, hard-working young peo- of the production during the growing season. ple. I would like to take this opportunity to pay ICE TO GREEK ORTHODOX COM- MUNITY In addition, during that growing season, de- tribute to a very special group of young St. mand for the article must not be supplied, to Lousians, the Earth Angels. These outstanding any substantial degree, by other domestic pro- young innercity residents are committed to HON. CAROLYN B. MALONEY ducers. This definition is tailored to provide re- protecting the environment and advancing so- OF NEW YORK lief to the seasonal domestic agricultural in- cial justice. They are making many positive IN THE HOUSE OF REPRESENTATIVES dustry, such as winter tomato producers, who contributions to our community and deserve Monday, December 18, 1995 sustained significant injury when they were recognition. faced with a significant increase in imports in Earth Angels operates under the auspices Mrs. MALONEY. Mr. Speaker, I rise to bring 1994. of the Guardian Angel Settlement Association to your attention a terrific community leader of St. Louis and the Missouri Department of from my district in Astoria, Queens. I urge my colleagues to support this legisla- His Eminence Metropolitan Vikentios was Conservation. Originally know as Dolphin De- tion. born in Athens, Greece where he received his fenders the Earth Angels organization now basic education. After graduation from high comprises three environmental clubs with 100 f school, he enrolled at the Theological School members. The children are dedicated to pre- of Jerusalem in Israel and graduated with hon- A TRIBUTE TO PETER G. VELASCO serving the natural environment and improving ors. His educational life then brought him to the quality of life for all living things. The Earth the United States for further studies. During Angels have vision and imagination. They look the past 20 years, he has served in the Greek HON. BOB FILNER beyond their own personal struggles in life and Orthodox Metropolis, Archdiocese, of the OF CALIFORNIA focus their energies on preserving and nurtur- Greek Orthodox Church of North and South ing life for other. To this end the Earth Angels IN THE HOUSE OF REPRESENTATIVES America. have undertaken a number of environmental His Eminence has often been recognized for Monday, December 18, 1995 enhancement projects throughout the St. Louis his outstanding contributions to the commu- Mr. FILNER. Mr. Speaker and colleagues, I community. In scores of little ways they are nity, his efforts on behalf of human rights, and rise today with a great deal of sadness to making a big difference. his humanitarian services. All this good work The Earth Angels have adopted two lakes honor the memory of Peter G. Velasco. has not gone unrewarded. On July 20, 1995, which the children maintain in St. Louis' Forest he was elected Metropolitan of Piraeus and A true labor pioneer, Pete Velasco was Park and at the Busch Wildlife Reserve. They Salamis by the Holy Synod of Bishops of the among the Filipino-American farmworker lead- also conduct regular neighborhood cleanup Church of the Orthodox Christians of Greece ers whose tenacity inspired Cesar Chavez in projects. They have studied how ground pollu- and the Diaspora. the first grape strike in Delano, CA, and pro- tion impacts water systems and the environ- On July 21, 1995, in the presence of the vided a strong foundation for what late be- ment and they are working to help end this President and Prime Minister of Greece, he came the United Farm Workers, AFL±CIO. pollution problem. was enthroned in his new position. Astoria Even before his many years of work as an Earth Angels children have established a misses him very much, but we know he will officer in the farmworker movement, brother grow lab where they are growing trees from continue to fight for the citizens of the world Pete Velasco was an early and enduring ex- acorns in hopes of establishing a young pin and that we truly have a friend in Piraeus. I ample of the multifaceted contributions of the oak grove. They are also engaged in massive ask my colleagues to join me in offering him Filipino-American community to our society. recycling efforts. The Earth Angels have: recy- our highest congratulations and best wishes Working first in the Los Angeles food service cled over 350,000 aluminum cans in 6 years, for a wonderful life. industry, he went on to distinguished service reclaimed and recycled over 49,000 pounds of f in the U.S. Army in Europe during World War glass in 21¤2 years, reclaimed 1,522 aban- II before returning to the Central Valley of doned tires in 2 years, recycled over 200 TRADE ACT California as a farmworker. pounds of scrap lead and 500 pounds of cast iron and countless plastic containers. The HON. E. CLAY SHAW, JR. Not content merely to try to eke out a living Earth Angels are now working to establish a in the fields, Pete Velasco helped to organize OF FLORIDA his fellow workers, forging the first link be- battery recycling program. IN THE HOUSE OF REPRESENTATIVES At the Delmar Metro Link Station the Earth tween farmworkers and the AFL±CIO, which Angels have established a model prairie gar- Monday, December 18, 1995 later proved essential to Cesar Chavez' work den of native Missouri prairie plants. They Mr. SHAW. Mr. Speaker, I rise today to in- as president of the new, united organization. plan to add a brick walkÐusing reclaimed troduce, with my good friend and colleague Today we can see a resurgence in the bricksÐand a small wetland area at the bot- Mr. CANADY of Florida, timely legislation to AFL±CIO that has at its roots the contribution tom of the garden. This garden is not just an provide trade relief to producers of perishable of many men and womenÐamong them aesthetic enhancement at the light rail station agricultural products who have been substan- ``Brother Pete''Ðover many years. May that but a place where children are taught more tially harmed by an increase in imports after resurgence provide a way that we can all cele- about ecosystems, foods chains, and bio-di- the passage of the North American Free brate the life of Peter G. Velasco and the versity. Trade Agreement [NAFTA]. movement he helped to build. December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2389 FEDERAL BAR ASSOCIATION’S LEGISLATION TO HELP LOWER Mr. Tony M. Astorga, on the occasion of his LAWYER OF THE YEAR THE BURDEN OF MEDICARE 50th birthday. It is my pleasure to recognize PART A BUY-INS the achievements of Mr. Astorga, and the im- pact he has had on the people of Arizona. HON. JAMES L. OBERSTAR HON. FORTNEY PETE STARK Mr. Astorga has long been a valuable mem- OF CALIFORNIA ber of the Arizona community, beginning with OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES his days as a student at Arizona State Univer- IN THE HOUSE OF REPRESENTATIVES Monday, December 18, 1995 sity. During his time at ASU, he received many honors, including his placement in Monday, December 18, 1995 Mr. STARK. Mr. Speaker, Representative ``Who's Who in American Colleges and Uni- ROBERT MATSUI and I are today introducing a Mr. OBERSTAR. Mr. Speaker, on Monday, versities,'' and ``Outstanding Young Men of bill to help those who, through no fault of their America.'' He graduated from ASU with a B.S. December 4, it was my great privilege and own, were not able to participate in the Medi- pleasure, on behalf of the Federal Bar Asso- degree in accounting with high honors, leading care Program during their working years and to a long and distinguished career in the Ari- ciation's Transportation Section, to present the now face over $3,000 a year in Medicare part zona business community. ``Lawyer of the Year Award'' to David A. A buy-in costs. Currently, Mr. Astorga is the senior vice Heymsfeld, Democratic Staff Director, for the Our bill lowers the cost of the monthly part president, chief financial officer and treasurer Committee on Transportation and Infrastruc- A buy-in for about 216,000 people over age of Blue Cross and Blue Shield of Arizona and ture. I would like to take this opportunity sim- 80 who, for no fault of their own, could not participate in Medicare during their working president of AT International, Inc. He has ply to restate my remarks at that very special been named the ``Professional of the Year'' by occasion: years, because their employers were not in Social Security. The people in this group are the Hispanic Chamber of Commerce, and re- David Heymsfeld’s exquisite legislative mostly retired teachers, policemen, and fire- ceived the ``Public Service Award'' from the craftsmanship has defined and given direc- men over age 80 who worked for State and Arizona Society of Certified Public Account- tion to an entire generation of aviation law. local governments which elected not to join ants. However, the demands of a highly suc- His 20 years of service on the Committee on the Medicare payroll tax system. cessful professional career have not kept him Transportation and Infrastructure; his keen from making an impact on the community. He eye for detail; his zest for and command of These retirees have been stuck in increas- ingly expensive small public or private insur- has been a part of the United Way Agency the broad policy issues of aviation law; his Review Panel, the Blessed Sacrament and St. respect for the opinions and concerns of oth- ance policies, and many of them have had to ers, and his exceptional ability to meld them drop insurance coverage because they could Joan of Arc Finance Committees, as well as into a cohesive whole have left an indelible, no longer afford it on their shrinking pensions. participating in the Manpower Advisory Coun- constructive imprint on the complete body Since most of them could not afford to main- cil and Citizens Task Force to the city of of aviation law just prior to and since enact- tain private insurance, even if it were avail- Phoenix. ment of the watershed Aviation Deregula- able, they have been buying into Medicare I take great pleasure in recognizing the ef- tion Act of 1978. part A, some for as long as 15 years. The forts and contributions that Mr. Astorga has David has been plying his legislative Medicare buy-in monthly premium is set to made during his lifetime in Phoenix, and I ask craftsmanship for so long that Secretary of equal the full actuarial cost of part A, and my colleagues to join me in recognizing the Transportation Federico Pen˜ a was probably today premiums are more than $250 a month accomplishments of Mr. Tony Astorga. still in law school when David joined our and now many of these retirees cannot afford f committee staff. to buy into this basic level of Medicare hos- CAPITALIZING ON AMTRAK David’s immersion in aviation law began pital protection. Many are becoming unin- during his service at the Civil Aeronautics suredÐand uninsurableÐat the most vulner- Board with the ‘‘father’’ of aviation deregu- able period in their lives. HON. NANCY L. JOHNSON lation, Chairman Alfred Kahn—but, I think In the last Congress, Representative BILL OF CONNECTICUT it is fair to say that David has had a more THOMAS and I developed an amendment to IN THE HOUSE OF REPRESENTATIVES enduring impact on aviation law than Chair- help this population by lowering the part A Monday, December 18, 1995 man Kahn since then. buy-in for those who achieved 30 quarters of His Senate staff counterparts, over the coverage but not the necessary 40 required Mrs. JOHNSON of Connecticut. Mr. Speak- years, have gone on to other pursuits: Phil for Medicare eligibility. er, today I introduced a bill to establish a new Bakes to Texas Air; Will Ris to American This has been a help to a few of these retir- intercity passenger rail trust fund. Serving over Airlines; and one, Steven Breyer, made it to ees, but many of the poorest of these seniors, 500 destinations across the country, the Na- the Supreme Court. of course, do not have even 30 quarters of tional Railroad Passenger Corporation [Am- Many of his colleagues in the field of avia- coverage and desperately need help. trak] provides 22 million passenger rail trips to tion law have made important contributions Therefore, the amendment Representative Americans every year. With an estimated $4 over the years, but David Heymsfeld stands MATSUI and I are introducing today would billion needed in capital improvements over alone, astride the entire compendium of law lower the cost of the monthly buy-in by about the next few years, the rail trust fund will pro- and regulation in the field of aviation. Every $150 a month. Individuals would still have to vide Amtrak with much needed capital funds day practitioners of the art and science of contribute $100 per monthÐand the full actu- to improve rolling stock, cars and locomotives, aviation law diligently analyze, report on, and make marketplace decisions based upon arial rate for years before their 80th birthday. upgrade maintenance facilities, and prevent statutes and their accompanying reports Our bill does not include a way to pay for the deterioration of track and signal equip- that David Heymsfeld has crafted—and they this change, but we expect to be able to offer ment. First introduced by Senate Finance will do so for generations to come. a funding proposal at such time as the legisla- Committee Chairman BILL ROTH, the rail trust tion is considered for markup. fund will be a secure source of capital funding David’s great gift is his openness, his will- I hope other Members will join us in sup- ingness to work with all segments of the during this time of tight budgetary constraints. aviation sector, both public and private, and porting this much needed relief to a group of On October 1, the 2.5 cents of the existing to work collaboratively with his colleagues our older retirees whoÐto repeatÐthrough no 18-cents-per-gallon gas tax that had been in both the House and Senate on a truly fault of their own, were unable to participate in going into the Treasury for deficit reduction open, bipartisan basis. the regular Medicare Program during their was shifted back into the mass transit portion Mr. Heymsfeld received his BA from Co- working years. of the highway trust fund. This highway trust lumbia College in 1959 and an LLD from Har- f fund account has a huge balanceÐestimated vard Law School in 1962. HONORING TONY M. ASTORGA at over $10 billion at the end of fiscal 1996. It is now my great pleasure to present the My bill would direct 0.5 cent of this 2.5 cents award, which reads: ‘‘Transportation Lawyer HON. ED PASTOR into the rail trust fund until September 30, of the Year Award’’ to David A. Heymsfeld, 2000. OF ARIZONA Minority Staff Director, House Committee The establishment of this rail trust fund will IN THE HOUSE OF REPRESENTATIVES on Transportation and Infrastructure, Mon- not adversely affect other modes of transport, day, December 4, 1995. Monday, December 18, 1995 including mass transit. In fact, special lan- Congratulations, David, this is an honor Mr. PASTOR. Mr. Speaker, I rise today to guage has been included in the rail trust fund richly deserved and truly earned. pay tribute to a longtime friend and supporter, legislation protecting mass transit. If, under the E 2390 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 Rostenkoski rule, the cash balance in the their frontiers can be changed, in accordance garding the freer movement of people, ideas, mass transit account were ever insufficient to with international law, by peaceful means information.’’ cover the transit spending for the current year and by agreement.’’ The wholesale political I continued in my 1975 speech—‘‘To those upheaval behind the Iron Curtain that took nations not participating and to all the peo- and the following fiscal year, the revenues place fifteen years later made these dif- ple of the world: The solemn obligation un- from the rail trust fund would revert into the ferences in 1975—academic, especially Lat- dertaken in these documents to promote fun- transit account. via, Lithuania and Estonia. The 1975 Hel- damental rights, economic and social Amtrak is an essential part of this country's sinki Accord did not freeze the 1945 borders progress, and well-being applies ultimately transportation network. Between 1982 and of Europe; it freed them. to all peoples.’’ 1994, travel on Amtrak's operating rose 40 The thirty-five leaders of nations on both ‘‘And can there be stability and progress in percent. This necessary capital funding will cut sides of the Iron Curtain that signed the the absence of justice and fundamental free- doms?’’ Amtrak's operating and maintenance costs Final Act of the Helsinki Accord, according to one historian, ‘‘Set in motion a chain of My final comments were: ‘‘History will and improve reliability and performance. In ad- events that helped change history.’’ Each of judge this Conference not by what we say dition, these improvements will reduce air pol- us, including Mr. Brezhnev, who signed the here today, but by what we do tomorrow— lution, fuel consumption, highway congestion, Final Act agreed to a commitment of prin- not by the promises we make, but by the and urban parking problems. I urge my col- ciple to recognize the existence of certain promises we keep.’’ leagues to join me in enacting this measure basic human rights to which all individuals In retrospect, it is fair to say that Leonid into law. are entitled. Brezhnev and other Eastern European lead- ers did not realize at the time that in endors- f It is ironic that these accords are often de- scribed as the ‘‘Final Act’’ when, in fact, ing the human rights basket of the Helsinki COMMEMORATING 20TH ANNIVER- they were really just the beginning of an his- Accord they were planting, on their own soil, toric process. Today, this process has a past, the seeds of freedom and democracy. In SARY OF THE SIGNING OF HEL- agreeing to the human rights provisions of SINKI FINAL ACT as well as a present and a future—an unfin- ished agenda. the Helsinki Accord, the Soviets and the Twenty years ago when I spoke here, my eastern bloc nations unwittingly dragged a HON. FRANK R. WOLF country was beginning the bicentennial ob- Trojan horse for liberty behind the Iron Cur- OF VIRGINIA servance of our Declaration of Independence. tain. I drew on the inspiration of that great mo- Often, current events we believe will be IN THE HOUSE OF REPRESENTATIVES ment in our history for the remarks I made important in history later become obscure Monday, December 18, 1995 to the Conference in this Finnish Capital. I and irrelevant. And sometimes, events we likened the Helsinki Accords to the Declara- consider irrelevant in history, become a de- Mr. WOLF. Mr. Speaker, I am honored to fining moment. As former Prime Minister represent the House as a commissioner on tion of Independence because I realized that, as with our revolution, it is sacrifice and the Margaret Thatcher noted in Paris in 1990, ‘‘It the Commission on Security and Cooperation indomitable human spirit that truly sepa- was clear that we underestimated the long- in Europe and want to bring to the attention of rate ordinary moments in history from those term affects of the Helsinki Agreement.’’ our colleagues the remarks by the Honorable that are extraordinary. And today, as we re- This great British Leader went on to say Gerald R. Ford, 38th President of the United flect on the past twenty years of achieve- that the Helsinki Agreements ‘‘were a proc- States, at Helsinki, Finland, on August 1, ment, we see that it has been the sacrifice ess which some envisioned as perpetuating 1995, on the occasion of the 20th anniversary and the indomitable human spirit of great the division of Europe [but which have] actu- people throughout the world that have made ally helped overcome that division.’’ Like- of the signing of the Helsinki Final Act of the wise, scholars point out that at the time the Conference on Security and Cooperation in the signing of the Helsinki Accords a truly extraordinary moment in modern history. Magna Carta was adopted in England, its ex- Europe. I well remember the impressive ceremony tension of freedom was quite limited and ap- Thank you for your kind invitation to take in Finlandia House where signatures were af- plied only to a privileged few; however, part in this historic event whereby we mark fixed to a 100 page, 30,000 word joint declara- today we recognize the Magna Carta as a the 20th Anniversary of the Helsinki Ac- tion. In the limelight, representing the thir- dramatic first step on man’s march to indi- cords. ty-five nations, were French President Val- vidual freedom. The title for my remarks today—‘‘Hel- erie Giscard d’Estaing, West German Chan- Following the meeting in Helsinki, watch sinki: The Unfinished Agenda.’’ cellor Helmut Schmidt, British Prime Min- groups sprang up throughout Europe. The Before the formal signing of the Helsinki ister Harold Wilson, Yugoslav President Fourth Basket provision for a follow-up Accord, I warned the world and the other Josip Broz Tito, Rumanian President Nicolae meeting in Belgrade in 1977 and a subsequent heads of state gathered here that ‘‘Peace is Ceausescu, Canadian Prime Minister Pierre meeting in Madrid in 1980 would give these not a piece of paper ... peace is a process.’’ Trudeau, East Germany’s Erich Honechor, to those who were aggrieved a global forum Twenty years later, the process we began our host, President Kekkonen and others. for their determined anti-Marxist and pro- here by signing that piece of paper has given On the day we signed the Accords, appro- human rights views. To those suffering be- us a super power peace—the Cold War is his- priate speeches were made by each nation’s hind the Iron Curtain, the Helsinki Accords tory. representative. On behalf of the United was a powerful proclamation that contained Except for the stubborn ethnic conflict in States I chose to emphasize the Final Act’s seminal ideas it was issued at a most oppor- the Balkans which was already ancient when commitment to human rights. tune time. I was born, the course of history has changed Let me quote from my speech: ‘‘The docu- I applaud President Carter’s dedicated and because here in Helsinki we recognized cer- ments produced here affirm the most fun- effective support of Arthur Goldberg in Bel- tain basic rights to which all human individ- damental human rights—liberty of thought, grade in 1977 and Max Kampelman in Madrid uals are entitled. conscience, and faith; the exercise of civil in 1980; however, it would be obviously unfair In 1975 there was considerable opposition and political right; the rights of minorities.’’ to attribute all of the cataclysmic events of in the United States to my participation in ‘‘Almost 200 years ago, the United States 1989 and 1990 to the Final Act, in as much as the Helsinki meeting. For example, The Wall of America was born as a free and independ- long suppressed nationalist sentiments, eco- Street Journal advised in its July 23, 1975, ent nation. The descendants of Europeans nomic hardship, and suppressed religious editorial: ‘‘Jerry—Don’t Go,’’ while other who proclaimed their independence in Amer- conditions played equally crucial roles. American newspapers were equally critical. ica expressed in that declaration a decent re- Today, as we face the harsh realities of Au- Some skeptics labeled the Accord—The Be- spect for the opinions of mankind and as- gust 1995, I am reminded of the words of trayal of Eastern Europe. Basket III, which serted not only that all men are created President Lincoln as he confronted the awe- included fundamental human rights lan- equal, but they are endowed with inalienable some challenges of the American Civil War. guage was either ignored by most of the rights to life, liberty, and the pursuit of hap- With the Republic hanging in the balance, he media or criticized as long on rhetoric, but piness.’’ observed that ‘‘the occasion is piled high short on substance. Likewise, two of our ‘‘The founders of my country did not mere- with difficulties and we must rise with the most influential and respected Senators, one ly say that all Americans should have these occasion. As our case is new, so we must a Democrat and one a Republican, con- rights, but all men everywhere should have think anew and act anew.’’ demned Basket III of the Accord. these rights. And these principles have guid- Yet, even as today’s violence and suffering Furthermore, many ethnic groups in the ed the United States of America throughout enrage and pull at the heartstrings of all United States, especially those of Baltic her- its two centuries of nationhood. They have people—and the former Yugoslavia is just itage, were strongly opposed to portions of given hope to millions in Europe and on one example—I know the central issue in the the Accord because they believed it legiti- every continent.’’ world remains the preservation of liberty mized the borders drawn by the Warsaw ‘‘But it is important that you recognize and human rights. When the Berlin Wall fell, Pact. The United States and the West Ger- the deep devotion of the American people those who were protesting repression were man government met this criticism by in- and their Government to human rights and reading from documents like the American sisting Basket II language include the fol- fundamental freedoms and thus to the Declaration of Independence. Today, they lowing: ‘‘They, (the signers) consider that pledges that this conference has made re- are reading to us the words of the Helsinki December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2391 Accords. These are the great ideas of free- lent presentation of what Aaron Feuerstein If there is an award somewhere for a Com- dom—the constant drumbeat of ideas that has done be printed here. passionate Capitalist, this man should qual- have been repeated time and time again in [From the Boston Globe, Dec. 17, 1995] ify hands-down. Because he is standing up the Helsinki process. for decent jobs for working people at a time THE MENSCH WHO SAVED CHRISTMAS The harsh realities of the present are chal- when the vast bulk of America’s employer lenges which signatories of the Helsinki Ac- Were it not for the 45-mile-an-hour winds class is chopping, slimming, hollowing-out cords must address. Its member states must ripping out of the Northwest, the sparks that the payroll. they carried and the destruction they wrestle with these challenges and continue Job loss is the story of America at the end wrought, Aaron Feuerstein today would be to achieve in the future the aims and goals of the century. Wall Street is going like just another rich guy who owned a one-time of what was begun here 20 years ago. To real- gangbusters, but out on the prairie, and in ize these hopes and dreams requires plan- factory, in a country full of the same. But the fire that destroyed New England’s the old mill towns, and in small-town Amer- ning, commitment, perseverance and hard ica, the story is not of how big your broker’s work. The Helsinki process provides a vision largest textile operation Monday has turned this 70-year-old businessman into a folk bonus is this Christmas but of how hard it is for a future based on liberty and on the free- hero. If a slim, determined, devoutly-Jewish to keep working. dom to pursue a better life. As the Bible ad- textile manufacturer can be Santa Claus, The day after the fire, Bank of Boston an- monishes, where there is no vision, the peo- then Feuerstein is, to 2,400 workers whose nounced it will buy BayBanks, a mega-merg- ple perish. er of financial titans that will result in the So, I compliment all the signers and I’m jobs were jeopardized by the fire. The flames, so intense and widespread that elimination of 2,000 jobs. Polaroid, another very proud to have been one of the thirty- the smoke plume appeared in garish color on big New England employer, announced it five. In August 1975 we made serious prom- TV weathermen’s radar maps, presented would pare its payroll by up to 2,000 jobs. ises to our countrymen and to people world- Feuerstein with a stark choice: Should he re- Across the country, millions of jobs have wide. Where human rights did not exist in build, or take the insurance money and bag been eliminated in the rush to lighten the the thirty-five nations twenty years ago, it? corporate sled by tossing overboard anyone there is now significant progress and hope Aaron Feuerstein is keeping the paychecks who could be considered excess baggage by a for even better times. I congratulate the peo- coming, as best he can, for as long as pos- Harvard MBA with a calculator for a heart. ple in each nation who used the tools of the sible, while he rushes to rebuild, and restore Aaron Feuerstein, who went from Boston Final Act to achieve the blessings of human the jobs a whole valley-full of families de- rights. Latin High School and New York’s Yeshiva pend upon. University right into the mill his father I am confident that if we continue to be Everybody got paid this week. Everybody owned, sees things differently; The help is vigilant, what we began here two decades got their Christmas bonus. Everybody will part of the enterprise, not just a cost center ago shall be viewed by future historians as a get paid at least another month. And to be cut. watershed in the cause of individual freedom Feuerstein will see what he can do after and human rights. Twenty years from today, that. But the greatest news of all is that he ‘‘They’ve been with me for a long time. history will again judge whether or not the will rebuild the factory. We’ve been good to each other, and there’s a world is a better place to live because of The man has a biblical approach to the deep realization of that, that is not always what we promised here two decades ago, and complexities of late-20th-century economics, expressed, except at times of sorrow.’’ because of what we promise here today and capsulated by a Jewish precept: And it is noble sentiments like those, com- the promises we keep in the future. ‘‘When all is moral chaos, this is the time ing at a time when they are most needed, The Helsinki Accords are not, then, a Final for you to be a mensch.’’ that turns times of sorrow into occasions of Act—rather they are an unfinished agenda In Yiddish, a mensch is someone who does triumph. for the continued growth of human freedom. the right thing. The Aaron Feuerstein thing. On this anniversary date, let us resolve to The chaos was not moral but physical in the f continue anew the work of that agenda. conflagration that began with an explosion f and soon engulfed the four-building Malden IN RECOGNITION OF SPECIAL Mills complex in Methuen, injuring two AGENT IN CHARGE DAVID F. RAY THE MENSCH WHO SAVED dozen workers, a half-dozen firemen and CHRISTMAS threatening nearby houses along the Merrimack River site. The destruction was near-absolute. It is HON. MIKE WARD HON. BARNEY FRANK still inexplicable how no one perished in a OF KENTUCKY OF MASSACHUSETTS fast-moving firestorm that lit up the sky. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES This was one of New England’s handful of Monday, December 18, 1995 Monday, December 18, 1995 manufacturing success stories, a plant that emerged from bankruptcy 14 years ago. The Mr. FRANK of Massachusetts. Mr. Speaker, company manufactures a trademark fabric, Mr. WARD. Mr. Speaker, I am taking this last week there was a terrible tragedy in Mas- Polartec fleece, used extensively in outdoor opportunity to acknowledge publicly an out- sachusetts, when a fire did enormous damage clothing and sportswear by outfits such as L. standing Kentuckian, Mr. David F. Ray. Next to the Malden Mills factory in Methuen, MA. L. Bean and Patagonia. month, David will retire from the U.S. Secret The company was founded by Feuerstein’s While no one can undo the terrible effects of Service after 31 years of distinguished service. grandfather in 1907, and its history over the David ends his sterling career as the special this fire, thanks to the enormous courage, century has traced the rise, fall and rise compassion, and integrity of one individual, again of textile manufacturing in New Eng- agent in charge for the Louisville, Kentucky Aaron Feuerstein, the working men and land mill towns. field office of the Secret Service. Previous as- women who were the victims of this terrible Most of the textile makers fled south, leav- signments took David and his family to Char- event have more hope than they otherwise ing hundreds of red brick mausoleums lining lotte, NC and the District of Columbia. might have. Aaron Feuerstein is the third gen- the rocky riverbeds that provided the water- Conducting advance security arrangements power to turn lathes and looms before elec- for President Reagan's visit to the Peoples eration in his family to run this company, and tricity came in. The unions that wrested his actions since the tragedy have been an higher wages from flinty Yankee employers Republic of China and for his meeting with So- unparalleled example of how a human being were left behind by the companies that went viet Union President Gorbachev was a hall- can act in a moral manner in a very tough sit- to the Carolinas and elsewhere, to be closer mark of David's stint in Washington. During uation. In the Boston Globe for Sunday, De- to cotton and farther from unions. his tenure in Louisville, the Secret Service was cember 17, columnist David Nyhan accurately The Feuerstein family stuck it out while responsible for numerous arrests involving conveys the heroic role that Aaron Feuerstein many others left, taking their jobs and their fraud, forgery, and embezzlement. And, in profits with them. The current boss is one 1992, David served as the principal security has played at a time when most people have textile magnate who wins high praise from done far less. Despite himself being a major the union officials who deal with him. coordinator for visits to Kentucky by President victim of this tragedy, Aaron Feuerstein has ‘‘He’s a man of his word,’’ says Paul Bush, Vice President Quayle, Presidential can- acted with an extraordinary degree of human- Coorey, president of Local 311 of the Union of didate Clinton, and Vice Presidential candidate ity and decisiveness to administer to the other Needleworkers, Industrial and Textile Em- Gore. victims, and I believe it is important at a time ployees. ‘‘He’s extremely compassionate for Mr. Speaker, Special Agent In Charge David when more and more working people are giv- people.’’ The union’s New England chief, F. Ray has devoted himself for 31 years to the Ronald Alman, said: ‘‘He believes in the ing reason to doubt the essential fairness of process of collective bargaining and he be- service of his country as a member of the law the American economic system that the shin- lieves that if you pay people a fair amount of enforcement community. It is with much pride ing example that Aaron Feuerstein presents money, and give them good benefits to take that I extend my congratulations and best be fully understood and appreciated by the na- care of their families, they will produce for wishes to him and his family for a well-de- tion. I therefore ask that David Nyhan's excel- you.’’ served retirement. E 2392 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 LEGISLATION TO AMEND THE through his local reporting and editorial writing purpose is to promote the use of illegal drugs COMPREHENSIVE ENVIRON- at the Middletown Journal. Jim began his ca- should operate under a tax free status. MENTAL RESPONSE, COMPENSA- reer at the Journal in 1955 starting off as a re- The fathers and mothers in this country who TION, AND LIABILITY ACT OF porter covering local government. In 1957, he struggle to make ends meet and to raise their 1980 was appointed Sunday editor and moved to children drug free, are paying extra taxes to city editor in 1960. From 1972 until 1981 Jim subsidize the Drug Policy Foundation and their was the managing editor of the paper. Ulti- HON. RODNEY P. FRELINGHUYSEN unshaven friends at NORML. These groups OF NEW JERSEY mately, in 1981, he headed the newsroom and IN THE HOUSE OF REPRESENTATIVES retained the title managing editor. are spending millions of dollars in an effort to Monday, December 18, 1995 Jim and Middletown, OH, have seen many make dangerous drugs more available to kids. This is wrong. Mr. FRELINGHUYSEN. Mr. Speaker, I rise important news stories over the last four dec- today to introduce legislation to amend the ades. Some of the local highlights include the Drug use is already on the rise. In fact one Comprehensive Environmental Response, growth and restructuring of Armco to its third of all high school kids are now smoking Compensation, and Liability Act of 1980 present organization as AK Steel, creation of marijuana. Listen to what the Partnership for a [CERCLA]. My bill would remove the authority the City Centre Mall and redevelopment of the Drug Free America says about teenagers' for contracting oversight from the purview of downtown area, state championships for area views on drugs: ``Most recent trends among the Environmental Protection Agency and high schools, and the change Middletown and teens indicate a reversal in the attitudes that place it solely under the jurisdiction of the its business community have undergone. distinguish non-users from usersÐperception Jim and the Middletown Journal staff were Army Corp of Engineers. of risk and social disapprovalÐand the con- always conscientious to bring the local angle Mr. Speaker, this change makes sense sequences are an increase in the use of mari- given the expertise of each agency. The Army to national news items ranging from the John juana, LSD, and cocaine.'' Corp of Engineers is far better suited to han- F. Kennedy, Martin Luther King, and Robert dle contracting work and oversight of construc- Kennedy assassinations, the Vietnam War, the Fortunately, even this Administration is now tion of the design and remedy at a Superfund Iranian hostage crisis, Desert Storm, and the opposed to legalizing drugs. In a recent site than the more technical, environmental explosion of the Space Shuttle Challenger. speech entitled ``Why the U.S. Will Never Le- orientation of the EPA. Jim has received several awards for his galize Drugs'', former drug czar, Lee Brown, The reason why I am introducing this legis- dedication and continuous service. Among called drug legalization the moral equivalent of lation today is in direct response to an incident them are an award from the Associated Press genocide. that recently happened in my district during an Society of Ohio for exemplary service to news- already lengthy and tumultuous cleanup. gathering business and his assistance to the Listen carefully to his words: Hopefully, passage of this legislation will pre- Xenia Daily Gazette publish and report the When we look at the plight of many of our vent future situations, such as the one I am news when its offices were destroyed in a youth today, especially African American about to describe, from happening again in the 1974 tornado. For coverage of the devastation males, I do not think it is an exaggeration to future. the Gazette won a Pulitzer Prize. say that legalizing drugs would be the moral The asbestos dump site in Millington, NJ, is During the past four decades, Jim has equivalent of genocide. Legalizing addictive, comprised of two residential farms and part of worked with hundreds of reporters and local mind altering drugs is an invitation to disas- the Great Swamp National Wildlife Reserve. It officials. The join me in saluting Jim for his ter for communities that are already under contains large amounts of asbestos that was work and wishing him the best in his retire- seige. Making drugs more readily available would only propel more individuals into a dumped on the property. On one of these two ment. life of crime and violence. Contrary to what residential sites, the homeownersÐa family of f fiveÐwere involved in a lengthy cleanup with the legalization proponents say, profit is not the EPA and had been relocated several DRUG LEGALIZATION the only reason for the high rates of violence times, for months at the time. The EPA had associated with the drug trade . . . drugs are contracted out for the construction of the de- HON. GERALD B.H. SOLOMON illegal because they are harmful—to both body and mind. Those who can least afford sign and the contractor then hired a sub- OF NEW YORK further hardship in their lives would be contractor, with a less than perfect track his- IN THE HOUSE OF REPRESENTATIVES much worse off if drugs were legalized. tory, to complete construction of the design. Monday, December 18, 1995 The EPA subcontractors, instead of bringing According to Lee Brown, legalization would in clean fill to top the asbestos on the family's Mr. SOLOMON. Mr. Speaker, I would like to address an issue about a subject which con- create three times as many drug users and property, brought in contaminated soil from addicts in this country. And what does this another site. This horrendous mistake has tinues to get favorable treatment from our friends in the media. That issue is drug legal- translate into for future generations? It means added additional years to cleanup and the hundreds of thousands of additional newborns family's nightmare. ization. Mr. Speaker, again, I believe that the Army Those who support legalization would have addicted to drugs. Corp of Engineers is far better equipped to us believe that we ought to decriminalize According to the Partnership for a Drug handle the details of the physical cleanup of drugs because we have lost the war on drugs. Free America, one out of every ten babies in these Superfund sites, and to oversee more We are not losing this war. The truth is that the U.S. is born addicted to drugs. I guess the effectively contracting work. At many sites, during the Reagan/Bush years drug use advocates of legalization must not think this dropped, from 24 million in 1979 to 11 million such a mistake would add only years and percentage is high enough! costs to taxpayers for cleanup. In this case, it in 1992. Unfortunately, those hard fought added not only time and money, but additional gains have been wasted. I challenge anyone in this chamber to go grief for a family wanting only to have their Under President Clinton's watch, this trend down the street and tell the nurses at D.C. home and property cleaned up to a livable has been reversed and drug use is again in- General, who care for these children, that we standard. I believe that my bill would prevent creasing. The only lasting legacy of the Clin- need to legalize drugs. You will end up with a more situations like these and improve the ef- ton Presidency will be a dramatic increase in black eye! And here is another shocking fact ficiency of site cleanups. the use of illegal drugs and the consequences * * * today in America over 11 percent of f of escalating violence and misery associated pregnant women use an illegal drug during with it. TRIBUTE TO JIM MILLS’S 40 pregnancy, including heroin, PCP, marijuana, As a country, we have never really waged and most commonly, crack cocaine. A sure- YEARS OF SERVICE TO THE MID- an all out war on drugs. It is now time we de- DLETOWN COMMUNITY fire way to worsen this problem would be to clared such a war and I am pleased the legalize drugs. According to a recent Univer- Speaker is talking about altering the rules of sity of Michigan study of 50,000 high school HON. JOHN A. BOEHNER engagement. We should start this campaign students, drug use is up in all grades. Drug OF OHIO by passing some of the anti-drug legislation IN THE HOUSE OF REPRESENTATIVES use is up among all students for crack, co- which I have introduced. Monday, December 18, 1995 And although I have been criticized by lib- caine, heroin, stimulants, LSD, and marijuana. Mr. BOEHNER. Mr. Speaker, for 40 years, ertarian organizations for my position, I still do Increased drug use also contributes to do- Jim Mills has served the Middletown area not believe the organizations whose primary mestic violence. In fact, drug use is a factor in December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2393 half of all family violence, most of it directed millions of young people and their families are this fact: more than a quarter of all Amer- against women. And over 30% of all child suffering. ican pregnancies are ended by abortions. abuse cases involve a parent using illegal This President has failed to come to grips Abundant media attention has been given to with the fact that only one person in this coun- the extremism that has tainted the right-to- drugs. Legalizing drugs will mean more vio- life movement. Now events are exposing the lence against women and children. try has the authorityÐthe Office of the Presi- extraordinary moral evasions and callous- Today, one third of the young people at- dentÐto reverse the worsening downward spi- ness characteristic of fanaticism, prevalent tending high school in our country smoke ral of drug abuse. in the abortion-rights lobby. marijuana. It's no wonder our education sys- Mr. Speaker, I am honestly willing to work Begin with ‘‘partial-birth abortions.’’ Pro- tem is a mess. with President Clinton to address this problem. abortion extremists object to that name, The high school dropout rate in the United And I commend Congressman Zeliff for estab- preferring ‘‘intact dilation and evacuation,’’ lishing this working group. He has presented for the same reason the pro-abortion move- States is over 25 percent, and 50 percent in ment prefers to be called ‘‘pro-choice.’’ What major cities. A recent study of 11th graders the President a golden opportunity to work ef- fectively with Congress in a bipartisan manner. is ‘‘intact’’ is a baby. During the debate that showed that over half of the drug users led to House passage of a ban on partial- dropped outÐtwice the rate of those drug- All we are missing now is a serious commit- birth abortions, the right-to-life movement free. ment from the President. was criticized for the sensationalism of its Drugs rob kids of their motivation and self- f print advertisements featuring a Dayton esteem, leaving them unable to concentrate nurse’s description of such an abortion: COLUMNIST GEORGE F. WILL, A ‘‘The mother was six months pregnant. The and indifferent to learning. Millions of these NATIONAL TREASURE baby’s heartbeat was clearly visible on the kids end up on welfare or in prison. Drug ultrasound screen. The doctor went in with abuse in the workplace, violence against HON. CHRISTOPHER H. SMITH forceps and grabbed the baby’s legs and women and children, welfare dependency, pulled them down into the birth canal. Then OF NEW JERSEY high dropout rates, escalating health care he delivered the baby’s body and the arms— IN THE HOUSE OF REPRESENTATIVES costs, crack babies * * * could it get any everything but the head. The doctor kept the worse? Monday, December 18, 1995 baby’s head just inside the uterus. The If we legalized drugs it would get much Mr. SMITH of New Jersey. Mr. Speaker, I baby’s little fingers were clasping and un- rise today to bring attention to the work of Pul- clasping and his feet were kicking. Then the worse! These problems are all interrelated and doctor stuck the scissors through the back of all have one thing in common. That common itzer Prize winning columnist and author, his head, and the baby’s arms jerked out in denominator is drug abuse. Legalizing drugs George F. Will. In him, Mr. Speaker I believe a flinch, a startle reaction, like a baby does would be to say that all of this is acceptable we have a national treasure. Time and again when he thinks that he might fall. The doc- ** * it is not acceptable. by his labors at the keypad Mr. Will has tor opened up the scissors, stuck a high-pow- Legislation I have introduced will send a shown himself to be a man of great insight ered suction tube into the opening and strong and long overdue message to the and depth. I believe him to be a among that sucked the baby’s brains out.’’ young people in this countryÐUnder no cir- rarest of rare breedsÐan original thinker. The To object to this as sensationalism is to say that discomforting truths should be sup- cumstances is the United States Congress concision and clarity with which he transforms those thoughts to the written word evidences pressed. But increasingly the language of ever * * * ever going to legalize drugs. pro-abortion people betrays a flinching from I have also introduced legislation aimed at a deep commitment on his part to understand facts. In a woman’s story about her chemical reducing the demand for illegal drugs. De- and illuminate the human condition. His will to abortion, published last year in Mother creasing the desire for these substances is es- toil year after year so that others might not be Jones magazine, she quotes her doctor as sential in safeguarding the most important lead astray by intellectual fads or fallacious saying, ‘‘By Sunday you won’t see on the things to all Americans: our children and fami- reasoning is a model to all who would seek to monitor what we call the heartbeat.’’ ‘‘What lies, our safety and our health and the econ- shape the course of public life. Anyone willing we call’’? In partial-birth abortions the birth is kept (just barely) partial to preserve the omy. to give his work a fair reading will find each week some troubling societal question logically legal fiction that a baby (what some pro- Mr. Speaker, I would also point out that po- abortion people call ‘‘fetal material’’) is not lice chiefs across the United States believe explored, element by element and ultimately reduced to its essence without rancor or senti- being killed. An abortionist has told The that the number one way to reduce crime is to New York Times that some mothers find reduce drug use. The fact is that mandatory mentality. such abortions comforting because after the I became a fan of George F. Will many minimum drug penalties put in place in 1988 killing, the small body can be ‘‘dressed and years ago when the writer and father in him was followed by the Nation's largest decrease held’’ so the (if pro-abortionists will pardon came together in a gloriously in drug use. the expression) mother can ‘‘say goodbye.’’ uncompartmentalized way to render an unam- It is a myth that many non-violent first time The New York Times reports, ‘‘Most of the biguous rebuke to anyone who might doubt doctors interviewed said they saw no moral drug offenders are overcrowding our prisons. the quality of a life lived at less than physical difference between dismembering the fetus A comprehensive study by the Department of perfection. With a few deft paragraphs Mr. Will within the uterus and partially delivering it, Justice found that 93 percent of state pris- wrote of his own son's enormous capacity to intact, before killing it.’’ Yes. oners were either violent or repeat offenders, love and be loved. He explained that his ``Ori- Opponents of a ban on partial-birth abor- tions say almost all such abortions are medi- two thirds are currently in prison for a violent ole fan'', despite whatever limitations Downs crime. cally necessary. However, an abortionist at Syndrome had placed on him, could experi- the Dayton clinic is quoted as saying 80 per- It is also a myth that drug arrests are over- ence the joys and tragedies of life in the same whelming our prison systems. The fact is that cent are elective. Opponents of a ban on such way we all doÐmostly through things as com- abortions assert that the baby is killed be- drug arrests have been decreasing since 1989 mon as baseball. The boy was fully alive, fully fore the procedure, by the anesthesia given and only make up 8 percent of all arrests na- human and perfectly formed in the image of to the mother. (The baby ‘‘undergoes de- tionwide. Despite lengthy sentences, the aver- God. It is my belief, Mr. Speaker that no writer mise,’’ in the mincing words of Kate age Federal convicted drug possessor serves in our land of literary greatness could deliver Michelman of the National Abortion and Re- only 8 months. this urgent message with more force and productive Rights Action League. Does The fact is that drug sentencing is still inad- grace than Mr. Will. It is clear that we are truly Michelman says herbicides cause the crab grass in her lawn to ‘‘undergo demise’’? Such equate and that the last thing this Congress blessed as a nation to have him. should consider is the repeal of mandatory Orwellian language is a sure sign of squeam- It is also obvious that despite the passing ishness.) However, the president of the minimum sentencing. Drug use and drug ad- decades Mr. Will has not lost any of the, American Society of Anesthesiologists says diction cause most of the violence in this above-described commitment to his craft. His this ‘‘misinformation’’ has ‘‘absolutely no country and contribute to virtually every social, most recent Newsweek column is another fine basis in scientific fact’’ and might endanger health and economic problem we face. And example of all that is good and true about his pregnant women’s health by deterring them according to the most recent reports, hospital work. And so Mr. Speaker, I enter that essay from receiving treatment that is safe. emergency room visits caused by illegal drugs into the RECORD so that Mr. Will's own words Opponents of a ban say there are only are up again. can testify to the greatness of this decent, about 600 such procedures a year. Let us sup- pose, as not everyone does, the number 600 is The fact is that the trend toward increased courageous and talented American. accurate concerning the more than 13,000 drug use in this country corresponds directly FANATICS FOR ‘‘CHOICE’’ abortions performed after 21 weeks of gesta- to President Clinton's term of office. For what- (By George F. Will) tion. Still, 600 is a lot. Think of two crashes ever reason, this President is either unable or Americans are beginning to recoil against of jumbo airliners. Opponents of the ban unwilling to address this crisis. As a result, the fanaticism that has helped to produce darkly warn that it would be the first step E 2394 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 toward repeal of all abortion rights. Col- VA/HUD and related agencies bill, I learned able heroism, a story I recently heard about a umnist John Leo of U.S. News & World Re- the Clinton administration, in a ``statement of World War II veteran who resided in my dis- port says that is akin to the gun lobby’s ar- administration policy,'' had failed to mention trict and who, in a time of crisis in our Nation's gument that a ban on assault weapons must the lack of a VA replacement hospital at Trav- lead to repeal of the Second Amendment. history rose to the defense of his country. I In a prophecy born of hope, many pundits is Air Force Base as a reason for a potential relay this story, because it lets us know that, have been predicting that the right-to-life Presidential veto. Earlier in the month, the ad- at a time when cynicism and pessimism seem ‘‘extremists’’ would drastically divide the ministration had pledged its support to the pervasive, we need to be reminded that we Republican Party. But 73 House Democrats hospital in a letter from Office of Management are a nation of heroes and that we can rise to voted to bar partial-birth abortions; only 15 and Budget Director Alice Rivlin to the chair- meet the challenges before us. Mr. Raymond Republicans opposed the ban. If the ban sur- man of the House of Appropriations Commit- Johnson was just a hero, and in the best tradi- vives the Senate, President Clinton will tee, ROBERT LIVINGSTON. tion of the American spirit he rose to the chal- probably veto it. The convention that nomi- In light of this apparent reversal of adminis- nated him refused to allow the Democratic lenges before him for no other reason than tration policy, I feel that I have no choice but that he loved his country. governor of Pennsylvania, Bob Casey, who is to support the fiscal year 96 VA/HUD Appro- Raymond Johnson was like any other young pro-life, to speak. Pro-choice speakers ad- priations Bill. It contains $25 million for a new dressed the 1992 Republican Convention. The American boy growing up before World War II. state-of-the-art VA outpatient clinic at Travis two presidential candidates who hoped that a He enjoyed the innocence of playing baseball, pro-choice stance would resonate among Re- Air Force Base, in addition to a $400 million increase in the VA medical accounts. This is climbing trees, fishing, and the other publicans—Gov. Pete Wilson, Sen. Arlen simplicities of a young life. But when Japan at- Specter—have become the first two can- especially important since every other account didates to fold their tents. in the bill, except those pertaining to veterans, tacked Pearl Harbor, bringing the United In October in The New Republic, Naomi was significantly reduced. States into World War II, Raymond Johnson Wolf, a feminist and pro-choice writer, ar- The Travis outpatient facility will meet the did his duty and went off to serve his country gued that by resorting to abortion rhetoric immediate health care needs of most Solano as an infantryman in the U.S. Army. In April that recognizes neither life nor death, pro- County and northern California veterans. I feel 1942, Raymond and hundreds of other young choice people ‘‘risk becoming precisely what a moral obligation to do what is right for my men traveled to Inniskillan, Northern Ireland, our critics charge us with being: callous, fellow vets and to support any measure that for specialized training as an Army scout. After selfish and casually destructive men and further training in Inverary, Scotland, Raymond women who share a cheapened view of will have a positive impact upon the region. human life.’’ Other consequences of a ‘‘lexi- I was dismayed that the conference commit- and his comrades found themselves in North con of dehumanization’’ about the unborn tee provided only $25 million for the outpatient Africa with the 168th Regiment of the 34th In- are ‘‘hardness of heart, lying and political clinic at Travis. I had worked to secure addi- fantry Division. Their enemyÐField Marshall failure.’’ Wolf said that the ‘‘fetus means tional funding in light of the Veterans Adminis- Rommel's vaunted Afrika Korps. nothing’’ stance of the pro-choice movement tration's recommendation of $39.5 million in Soon enough, the 34th Infantry Division re- is refuted by common current practices of funding for the outpatient clinic. ceived their baptism of fire during the Allied in- parents-to-be who have framed sonogram With a projected 85,000 annual outpatient vasion of North Africa on November 17, 1942. photos and fetal heartbeat stethoscopes in visits, the new facility will meet the needs of their homes. Young upscale adults of child- Raymond served gallantly in battle during two most veterans who require ambulatory care. major campaigns in Algeria, Morocco, and Tu- bearing age are a solidly pro-choice demo- However, I still believe there is the urgent graphic group. But they enjoy watching nisia. After being bombarded both day and their unborn babies on sonograms, respond- need to attend to the acute medical needs of night by German artillery fire for over 1 month, ing to outside stimuli, and they read ‘‘The northern California's veterans. the 34th Infantry found themselves divided Well Baby Book,’’ which says: ‘‘Increasing The very survival of the outpatient facility and in disarray. One morning, just before knowledge is increasing the awe and respect was placed in jeopardy due to a November 29 dawn, Raymond and his comrades found we have for the unborn baby and is causing stalling tactic that sent the conference report themselves encircled by German tanks and in- us to regard the unborn baby as a real person back to committee. I was told by VA Chairman fantry. Those American soldiers who were not long before birth . . .’’ Lewis that the motion could have jeopardized machine gunned immediately found their posi- Wolf argued for keeping abortion legal but the clinic if the committee had been forced to treating it as a matter of moral gravity be- tions overrun and themselves taken prisoner. reallocate funds among competing accounts. 1 cause ‘‘grief and respect are the proper tones Further delay in enacting the VA/HUD ap- That morning marked what would become 2 ¤2 for all discussions about choosing to endan- propriations bill could force the legislation to years of hell for Raymond Johnson in Nazi ger or destroy a manifestation of life.’’ This prisoner of war camps in Tunisia, Sicily, Italy, temperate judgment drew from Jane John- be integrated into a full-year continuing resolu- tion. Under that scenario, virtually all pro- and ultimately the heart of the German inte- son, interim president of Planned Parent- rior. hood, a denunciation of the ‘‘view that there grams, including veterans' medical care and are good and bad reasons for abortion.’’ So, construction projects, will receive less than Meanwhile, Raymond's family had no word who now are the fanatics? under the conference agreement. This would of their son's fate. Reported missing, probably f leave the veterans of northern California at a killed in action, the family feared for the worst. severe disadvantage. Those individuals who Then, a Canadian ham radio operator monitor- CONFERENCE REPORT ON H.R. 2099, could delay or defeat this appropriations bill ing Vatican City Radio recorded the names of DEPARTMENTS OF VETERANS would be putting their political whims before American prisoners of war that a Vatican City AFFAIRS AND HOUSING AND the needs of our veterans. envoy had visited in a Nazi-controlled camp URBAN DEVELOPMENT, AND By no means should my support for this bill near Mount Vesuvius. Hearing the name Ray- INDEPENDENT AGENCIES APPRO- signal that I am abandoning the long-term goal mond Johnson and his home town broadcast PRIATIONS ACT, 1996 of building a replacement hospital at Travis Air over the radio, the ham radio operator con- Force Base. tacted the Johnson family, giving them the first SPEECH OF It has become clear to me that full funding word that their son was alive. Despite his cap- HON. FRANK RIGGS for the proposed replacement hospital is not ture, the Johnson family, steadfast in their possible this year. I cannot ignore present fis- OF CALIFORNIA Roman Catholic faith, thanked God that their cal realities. Rather than contribute to budget son was alive and that a priest had visited the IN THE HOUSE OF REPRESENTATIVES gridlock, I must do what is best for northern men, giving them the sacrament of commun- Wednesday, December 13, 1995 California veterans and support this bill. ion. Faith in God and confidence in their coun- Mr. RIGGS. Mr. Speaker, I first want to f try were all that the Johnson family had to sustain them for some time to come. thank my colleague from California [Mr. LEWIS] TRIBUTE TO RAYMOND JOHNSON the Chairman of the VA/HUD Appropriations OF FORT WALTON BEACH Department of State Cables 446, 464, 579, Subcommittee, for his work on this bill under and 649 mentioned Raymond Johnson as difficult circumstances. His diligence and hard being sighted in Nazi POW Camps 7A and 3B work are to be commended. HON. JOE SCARBOROUGH near Furstonberg along with other prisoners, OF FLORIDA As a veteran myself, I am particularly sen- but the family was told nothing more than that IN THE HOUSE OF REPRESENTATIVES sitive to the importance of keeping our prom- their Raymond was a prisoner of war and that ises to our veterans. Monday, December 18, 1995 his fate was uncertain. Forced to labor on Shortly before the House of Representatives Mr. SCARBOROUGH. Mr. Speaker, I rise German public works projects and later on was to consider the conference report on the today to tell this Chamber a story of remark- German farms, Raymond, like his fellow December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2395 POW's, became emaciated from extreme hun- Johnson lead a modest but happy life, barely which they trained. This reflects not only the ger and his health declined. Dysentery, infec- speaking of his experiences in the Nazi sta- quality of the students, but the faculty, curricu- tions, work injuries, and TB ravaged the men lags. Few people could have guessed what lum and state-of-the-art equipment LTI uses in held by the Nazis in the dreaded stalags and the war had been like for Raymond. its schools and classrooms. Raymond Johnson was not immune. By the Unfortunately, Raymond left this life on Oc- I commend Lincoln Technical Institute for its spring of 1945, near death, weighing only 98 tober 20, 1981, after suffering from cancer. dedication to the education and training of its pounds, suffering from dysentery and having Today, Raymond Johnson is survived by his students. In the competitive job market of the lost all of his teeth because of malnutrition, widow, Mildred Johnson of Fort Walton Beach, 1990s, Lincoln Technical Institute is essential Raymond and most of his comrades had sur- FL, who attends St. Mary's Catholic Church to help many Americans reach their career ob- vived almost 21¤2 years as prisoners of war, regularly and is active in the Legion of Mary. jectives. I urge my colleagues to join me in subjected to constant hardship and Gestapo Raymond was fortunate to have seven chil- wishing this fine institution a happy anniver- interrogation. Prisoners were dying at the rate dren, four sons, Robert, a teacher in Fort Wal- sary and another 50 years of continued suc- of three or four dead a day. Still, secure in his ton Beach, Dennis a postal worker, a Roman cess. faith in both God and country, Raymond did Catholic Priest, Kevin, and Thomas who works f not give up hope that he would be liberated for the State of Florida, and three daughters, and see his home and family again. Ray- Sandra, Katherine, and Mary, as well as 10 BILINGUAL EDUCATION’S FATAL mond's prayers would not go unanswered. As grandchildren, including a namesake, Ray- FLAWS the Irish proverb goes, ``God is just but He mond. While it may be too late to honor Ray- takes His time.'' mond Johnson personally, this Christmas sea- HON. TOBY ROTH Almost as suddenly as he became a pris- son I am pleased to be able to present to his OF WISCONSIN oner of war, events transpired that would family the medals and awards that this hero IN THE HOUSE OF REPRESENTATIVES change Raymond's life for the better. On Fri- has been owed for over 50 yearsÐthe Bronze Monday, December 18, 1995 day, April 13, 1945, Raymond's prayers were Star Medal, the Prisoner of War Medal, the answered. The men of Nazi Stalag 3B heard World War II Victory Medal, and the coveted Mr. ROTH. Mr. Speaker, I rise today to call thunder in the distance. In a state of panic, Combat Infantryman's Badge. These decora- the attention of my colleagues to the excellent German guards began shooting some pris- tions pale in comparison to the gift that Ray- article on bilingual education that appeared in oners and locked the rest in their barracks as mond gave his country but they are all that a the September 25, 1995 U.S. News & World the thunder loomed nearer. That thunder soon humble nation can give to pay tribute to one Report, ``Tongue-tied in the schools.'' The au- was recognized as artillery fire. The artillery of its heroes. I am pleased to know that the thor, Susan Headden, makes a compelling ar- fire became the sounds of tanks in battle. The First Congressional District of Florida can gument that bilingual education is a public pol- sounds of tank fire transformed into the sound boast of the merits of an American the likes of icy failure that has been kept alive by bureau- of tank treads. The tank treads became so Raymond Johnson and his fine family. Mr. cratic inertia. loud that the POW's huddled on the floor to- Speaker, we owe this man, and all of our Na- Ms. Headden's assessment of the pro- gether fearing that the Germans would make tion's veterans our most sincere thanks and gram's effectiveness is unambiguous; she good on their threat to kill them before they gratitude. writes that ``along with crumbling classrooms could be liberated. The commotion outside the f and violence in the hallways, bilingual edu- cation has emerged as one of the dark spots barracks was so loud that many of the men TRIBUTE TO LINCOLN TECHNICAL later reported being almost deafened until the on the grim tableau of American public edu- INSTITUTE ON ITS 50TH ANNI- cation.'' next sound that they heard was the barracks VERSARY doors being thrown open and an American GI The article goes on to show that current bi- yelling, ``You're safe now, boys. We've come lingual education programs are inadequate to take you home!'' A day that is feared by the HON. BOB FRANKS and actually counter-productive in helping new superstitious of the world, Friday the 13th, OF NEW JERSEY Americans and their children integrate into thereafter became Raymond's special day for IN THE HOUSE OF REPRESENTATIVES American society by learning English. Surveys the rest of his life. Monday, December 18, 1995 have shown that today's immigrants want a Although liberated, Raymond's life still Mr. FRANKS of New Jersey. Mr. Speaker, I chance for their children to learn English be- weighed in the balance. At the fittingly named rise today to recognize Lincoln Technical Insti- cause it is the key to success in America. Camp Lucky, Raymond almost died from his tute, the largest training company in the Na- Transitional bilingual education has failed to state of malnutrition several times. After 3 tion, on its 50th anniversary. meet the test Congress established for it in harrowing weeks, medics finally approved Lincoln Technical Institute [LTI] was founded 1978Ðnamely, that it improves students' per- Raymond to be placed aboard a hospital ship in Newark, NJ, in 1946 to provide returning formance in English. The research evidence heading for America. Enroute, men continued war veterans with practical job skills. Since on transitional bilingual education indicates to die and were buried at sea. Contemplating that time, the institute has grown to develop that it may, in fact, have a negative impact on the hardships he had endured, Raymond and offer one of the Nation's most innovative students in these programs. feared that it would be both senseless and and effective job training programs at 14 The first step we must take is to eliminate ironic if he should die at sea before seeing his schools in 6 States. the bilingual education bureaucracy which has family again. Raymond continued to pray that The first programs offered in 1946 trained a vested interest in continuing along the same God would spare his life. Once again Ray- veterans in the fields of heating and air-condi- failed path. The money the Federal Govern- mond's prayers were answered. tioning. Training in automatic transmissions ment spends on bilingual education could be This story would end here and would not be was added soon after. That began LTI's ex- better spent on English classes for immigrants of note had it not been for one simple thing. pertise in the automotive field. Over the years, and intensive English instruction for their chil- A nation anxious to return to normal, eager to courses in electronic and computer tech- dren. An afterschool program could do these discharge veterans as quickly as they could nologies and mechanical and architectural children far more good than 6 years of a bilin- be brought back home from the war in Europe drafting have been added. In 1993, LTI ac- gual education program. and the Pacific, became a nation too busy to quired the Cittone Institute which added office In the past, America has always been a honor its heroes. Raymond Johnson never re- focused programs such as court reporting and shining example of how people from all cor- ceived the recognition that he deserved for computerized accounting skills training. Today, ners of the world can live and work together serving his country with distinction and honor LTI offers specialized training in 12 fields. in cultural harmony. This was the case be- in both its saddest and finest moments. Students at LTI come from many different cause our country has enjoyed a common and Raymond Johnson eventually regained stages of life. Some are recent high school unifying bond, the English language. We must much of his health. However, doctors told him graduates that enroll in LTI to start their ca- preserve this bond to protect our future as a that he would never be the same after having reer. Others decide to make a career change nation. suffered the fate of Nazi prison camps. Hum- and attend LTI to learn the skills necessary for Bilingual education is a threat to that unity, bly, Raymond went on with his life, devout in their new profession. There are also a number because it doesn't help teach children English. his faith, and proud of his service to his coun- of students who go to LTI through their em- That's why I introduced the Declaration of Offi- try. Like most veterans, Raymond did not ployers in an effort to improve their skills. cial Language Act. I addition to declaring Eng- complain much. They were just thankful to be Most impressive is that over 90 percent of lish our official language, H.R. 739 also seeks home with their families. In fact, Raymond LTI's graduates are working in the fields for to repeal Federal mandatesÐlike bilingual E 2396 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 educationÐwhich discourage the use of Eng- ninth grader says her daughter has been in Idaho, three high-school teachers had no idea lish. If my bill passes, the bilingual education ‘‘transitional’’ bilingual education for nine that their students needed any help with boondoggle would cease to exist. years. ‘‘We support bilingual education,’’ English, despite their obvious LEP back- says Ray Domanico of the New York Public ground and consistently failing grades. I hope you will heed this article's warning Education Association. ‘‘But it is becoming and join me today in the effort to refocus our Poorly trained teachers further complicate an institutionalized ghetto.’’ the picture. Nationwide, the shortage of country's educational efforts towards the goal LEARNING CHINESE teachers trained for bilingual-education pro- of teaching children English quickly and effec- In theory, bilingual education is hard to grams is estimated at 170,000. The paucity of tively. We want all of our children to be fluent fault. Students learn math, science and qualified candidates has forced desperate su- in the language of opportunity in our society, other ‘‘content’’ subjects in their native perintendents to waive some credentialing so that they too can take hold of their share tongues, and they take special English class- requirements and recruit instructors from of the American Dream. Cosponsor H.R. 739, es for a small part of the day. When they are abroad. The result is teachers who them- the Declaration of Official Language Act. I ask ready, ideally within three or four years, selves struggle with English. ‘‘You can hard- that the full text of Susan Headden's article they switch to classes taught exclusively in ly understand them,’’ said San Francisco teacher Gwen Carmen, In Duchesne, Utah, appear in the RECORD at this point. English. The crucial advantage is that stu- dents don’t fall behind in their other lessons two teachers’ aides admitted to education [From the U.S. News and World Report, while gaining competence in English. Fur- department inspectors that they had no col- Sept. 25, 1995] ther, supporters claim, bilingual education lege credits, no instructional materials and TONGUE-TIED IN THE SCHOOLS produces students fluent in two languages. no idea what was expected of them. (By Susan Headden) That would be great, if it were true. Too What all these problems add up to is im- Javier Sanchez speaks English like the often it is not. What is sometimes mistaken possible to say precisely, but one statistic is proud American he is. Born in Brooklyn, for dual-language instruction is actually na- hard to ignore. The high-school dropout rate N.Y., the wiry 12-year-old speaks English at tive-language instruction, in which students for Hispanic students is nearly 30 percent. It home, and he speaks it on the playground. hear English for as little as 30 minutes a day. remains by far the highest of any ethnic He spoke it in the classroom, too—until one ‘‘Art, physical education and music are sup- group—four times that of whites, three times day in the third grade, when he was abruptly posed to be taught in English,’’ says Lucy that of blacks—and it has not budged since moved to a program that taught him in Fortney, a third-grade teacher from Sun Val- bilingual education began. Spanish all but 45 minutes a day. ‘‘It was a ley, Calif. ‘‘But that is absolutely not hap- Although poverty and other problems con- disaster,’’ says his Puerto Rican-born moth- pening at all.’’ tribute to the disappointing numbers, stud- er, Dominga Sanchez. ‘‘He didn’t understand Assignments to bilingual programs are in- ies suggest that confining Hispanic students Spanish.’’ Sanchez begged the teacher to re- creasingly a source of complaint. Many stu- to Spanish-only classrooms also may be a turn her son to his regular class. Her request dents, parents say, are placed in bilingual significant factor. A New York study, pub- was met with amazement. ‘‘Why?’’ the teach- classes not because they can’t understand lished earlier this year, determined that 80 er asked. ‘‘Don’t you feel proud to be His- English but because they don’t read well. percent of LEP students who enrolled in panic?’’ They need remedial, not bilingual, help. Oth- English-immersion classes graduated to Along with crumbling classrooms and vio- ers wind up in bilingual programs simply be- mainstream English within three years, lence in the hallways, bilingual education cause there is no room in regular classes. while only half the students in bilingual has emerged as one of the dark spots on the Luz Pena says her third-grade son, born in classes tested out that quickly. A similar grim tableau of American public education. America, spoke excellent English until he study released last fall by the state of Cali- Started 27 years ago to help impoverished was moved to a bilingual track. Determined fornia concluded that students stayed in na- Mexican-Americans, the program was born of to avoid such problems with her daughter, tive-language instruction far too long. It fol- good intentions, but today it has mush- she registered her for English kindergarten— lowed an independent investigation in 1993 roomed into a $10 billion-a-year bureaucracy only to be told the sole vacancies were in the that called native-language instruction ‘‘di- that not only cannot promise that students Spanish class. visive, wasteful and unproductive.’’ will learn English but may actually do some In some cases, the placements seem to defy common sense. In San Francisco, because of Not everyone agrees. More than half of children more harm than good. Just as trou- American voters, according to a new U.S. bling, while children like Javier are placed a desegragation order, some English-speak- ing African-Americans end up in classes News poll, approve of bilingual education. in programs they don’t want and may not Jim Lyons, executive director of the Bilin- need, thousands more children are taught partly in Chinese. Chinese-speakers, meanwhile, have been placed in classes gual Education Association, says the recent foundering because they get no help with studies are flawed because they fail to meas- English at all. taught partly in Spanish. Presented with evidence that blacks in bilingual programs ure mastery of academic content: ‘‘They Bilingual education was intended to give don’t even pretend to address the issue of the new immigrants a leg up. During earlier scored well below other blacks on basic skills tests, school officials recently an- full education,’’ he says. Learning English waves of immigration, children who entered takes time, insists Eugene Garcia of the edu- American schools without speaking English nounced an end to the practice. Whether a child is placed in a bilingual cation department. ‘‘And it’s well worth the were left to fend for themselves. Many program can turn on criteria as arbitrary as wait.’’ thrived, but others, feeling lost and con- whether his name is Miller or Martinez. In fused, did not. Their failures led to Title VII PRACTICAL APPROACH Utah, federal records show that the same of the Elementary and Secondary Education test scores that identified some students as The alternative to native-language in- Act, which ensured supplementary services ‘‘limited English proficient’’ (LEP) were struction is to teach children exclusively in for all non-English-speaking newcomers to used to identify others as learning disabled. English, pulling them out of class periodi- America. The distinction depended on the student’s cally for lessons in English as a second lan- ARMENIAN TO URDU ethnic group: Hispanics were designated guage. Lucy Fortney taught exclusively Significantly, the law did not prescribe a LEP, while Native Americans who spoke white American-born children when she method for delivering those services. But Navajo or Ute were labeled learning disabled. started her career 30 years ago; now her today, of the funds used to help children In New York City, where public schools classroom is almost entirely Vietnamese, learn English, 75 percent of federal money— teach children in 10 different languages, en- Cambodian, and Armenian. ‘‘I can’t translate and the bulk of state and local money—goes rollment in bilingual education has jumped one single word for them,’’ she says, ‘‘but toward classes taught in students’ native by half since 1989, when officials raised the they learn English.’’ tongues; only 25 percent supports programs cut-off on a reading test. Critics say that 40 Today, bilingual education is creeping be- rooted in English. That makes bilingual edu- percent of all children are likely to fail the yond impoverished urban neighborhoods to cation the de facto law of the land. test—whether they speak English or not. rural and suburban communities likely to Historically, Hispanics have been the larg- Misplacement, however, is only part of the expose its failings to harsher light. Until est beneficiaries of bilingual education. problem. At least 25 percent of LEP stu- now, no constituency has been vested or Today, however, they compete for funding dents, according to the U.S. Department of powerful enough to force the kind of reforms with new immigrant groups whose urge to Education, get no special help at all. Other that may yet come with civil-rights law- assimilate some educators say, may be children are victims of a haphazard ap- suits. ‘‘Everybody’s appalled when they find stronger. Further, not many school districts proach. In Medford, Ore., LEP students re- out about the problems,’’ says Linda Chavez, can offer classes in such languages as Arme- ceived English training anywhere from three one-time director of the Commission on Civil nian and Urdu. So for practical reasons, too, hours a day, five days a week to 30 minutes Rights and a dogged opponent of bilingual children of other nationalities are placed in a day, three days a week. The results? Of 12 education, ‘‘but the fact is, it doesn’t affect English-based classes more often than chil- former LEP students reviewed by education their kids.’’ That may have been true in the dren of Hispanics. The problem, as many see department officials, seven had two or more past. But as a rainbow-hued contingent of it, is that students are staying in native-lan- F’s and achievement scores below the 20th schoolchildren starts filling up the desks in guage programs far too long. In a typical percentile. Four more had D’s and test scores mostly white suburbia, it is not likely to be complaint, the mother of one New York below the 30th percentile. In Twin Falls, the case for long. December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2397 TRIBUTE TO MRS. PEARL ALMA and its distinguished chairman, Zbigniew cally successful Ukraine as a key factor of RIVERO Brzezinski, for their constructive contributions security and stability in Europe as a whole. 2. Recommend the establishment of a min- to building a strong and effective relationship isterial-level U.S.-Ukrainian Joint Commis- HON. ELIOT L. ENGEL between the United States and Ukraine. The sion. While applauding the existence of joint, OF NEW YORK committee, formed in 1993 by the Washing- bilateral working groups, we urge the cre- IN THE HOUSE OF REPRESENTATIVES ton-based Center for Strategic and Inter- ation of additional groups—by the Depart- national Studies, recently held its third meeting ment of State and the Ministry of Foreign Monday, December 18, 1995 in New York and issued a report. Affairs as well as the Department of Defense Mr. ENGEL. Mr. Speaker, I rise today to pay The recommendations of the report were and the Ministry of Defense—to deal with a designed to advance the process of economic range of issues, including energy supplies tribute to Mrs. Pearl Alma Rivero, an outstand- and security; environmental issues; and com- ing individual who has devoted her life to her reform in Ukraine, foster a climate to attract bating organized crime. family and to serving her community. Mrs. foreign investment, and integrate Ukraine into 3. In order to develop a special relationship Rivero will be celebrating her 70th birthday on the global economy. In order to meet these between NATO and Ukraine, extend eligi- Sunday in the company of her loving family goals, Ukraine's political leadership must ad- bility to Ukraine under the NATO Participa- and friends in Miami, FL. here to the fundamental elements of the eco- tion Act of 1994. At the same time, encourage Mrs. Rivero is a native of New York City. nomic reform program proposed a year ago by and support Ukraine’s active participation in the Partnership for Peace program. She is the youngest of eight children born to President Leonid Kuchma. 4. Encourage strong support for the closest Alexander and Ursula Shepard. She is the sis- The American-Ukrainian Advisory Commit- possible Ukrainian participation and inte- ter of Joseph Anthony Moniz, Vincent DePaul tee calls upon the Ukrainian Government to gration in European multilateral institu- Moniz, Sylvia Patronella Moniz Nicholas, Ivy ``speed up and broaden privatization with aim tions, such as the Central European Initia- Eleanor Cristabel Moniz, Virella Santiago, of achieving the long-term objective of estab- tive and CEFTA, cooperation partner status Hyacinth Moniz, and Florin Moniz, Jr. lishing a market economy'' and to ``follow in the WEU, and the inclusion of Ukraine On October 18, 1942, she married Louis through with real macroeconomic stabiliza- with Moldova, Bulgaria, and Romania in the tion.'' The committee all urges the United Clinton Administration’s Regional Airspace Bouchet and was blessed with two daughters, Initiative. Margo Maria Bouchet and Sandra Cecelia States, the European Union, Japan, and the 5. Support collective efforts to achieve re- Bouchet. international financial institutions to provide ductions in and confidence-building meas- On August 1, 1959, Mrs. Rivero married adequate financial assistance to reinforce ures for military forces in the Black Sea Emil Joseph Rivero, with whom she cele- Ukraine's commitment to economic reform. basin. When appropriate, a U.S. role as medi- brated 33 years of happiness until Emil's The American-Ukrainian Advisory Commit- ator in Black Sea issues could prove useful. tee's report follows: 6. Encourage the U.S. Administration to death on May 13, 1993. Their marriage was continue rendering support for Ukraine’s ter- AMERICAN-UKRAINIAN ADVISORY COMMITTEE blessed with the birth of three children, Maria ritorial integrity and inviolability of its Theresa Rivero, Angela Justine Rivero, and COMMUNIQUE state borders, and to urge Ukraine’s neigh- Emil John Rivero. The American-Ukrainian Advisory Com- bors to refrain from raising territorial Mrs. Rivero has four wonderful grand- mittee met in New York on November 17–18 claims. children, Betti-Rahkel Bouchet-Williams, Der- and reiterated its strong conviction that a 7. Initiate the holding of U.S.-Ukrainian rick Boddie, Mychal Williams, and Cassandra resilient Ukraine is in the interest of Euro- seminars and roundtables on security-related pean stability and thus also American secu- matters. Bankhead-Williams. rity. It welcomed the evident improvement 8. Encourage Western investment and tech- A devoted mother, Mrs. Rivero raised her in the American-Ukrainian relationship, es- nical and economic assistance for the explo- family to be religious, sharing, and caring indi- pecially the recognition by the U.S. govern- ration and development of Ukraine’s natural viduals. ment of Ukraine’s geopolitical significance. gas and oil deposits, as well as diversifica- Mrs. Rivero has worked tirelessly to benefit It also endorsed strongly the reform efforts tion of external energy supplies to Ukraine. her community and her church. She has being pursued by the Ukrainian government Encourage also the U.S. to play a leading served as a Eucharistic minister, lecturer, and in order to transform Ukraine into a stable role in helping Ukraine work out a com- prehensive plan for reforming the energy a teacher of religious classes at Blessed Sac- democracy based on a free market economy. The American participants included: Hon sector. rament Catholic Church in the Bronx, and St. Zbigniew Brzezinski (CSIS Counselor), Hon. ECONOMIC ISSUES John Neumann Catholic Church in Miami, Richard Burt (Chairman International Eq- 1. Urge the Ukrainian government to speed where she presently resides. Mrs. Rivero has uity Partners), Hon. Frank Carlucci (Chair- up and broaden privatization with the aim of also taught Bible classes at St. Ann's Nursing man, Carlyle Group), Gen. John Galvin achieving the long-term objective of estab- Home in Florida and currently serves as (Dean, Fletcher School of International Law lishing a market economy. One important CORE member of the Divorced and Separated and Diplomacy), Mr. Michael Jordan (Chair- step is to open opportunities to sell blocks of Ministry at St. John Neumann Catholic Church man & CEO, Westinghouse Electric Corpora- equity to strategic investors, while urging in Miami. She is a founding member of tion), Hon Henry Kissinger (Chairman, Kis- U.S. AID to enhance the efficacy of its sup- singer Associates), and Mr. George Soros port of Ukrainian privatization. WINGS, a ministry serving the needs of wid- (Chairman, Soros Foundations). 2. Given the critical stage of Ukraine’s eco- ows, and has served as mediator for the Bet- The Ukrainian participants included: Dr. nomic reforms, encourage the Ukrainian ter Business Bureau in New York City. Bohdan Hawrylyshyn (Chairman, Council of government to follow through with real mac- Mrs. Rivero has received accolades, ac- Advisors to Ukrainian Parliament), Ms. roeconomic stabilization, while urging the knowledgments, and awards from her commu- Svitlana Oharkova (General Director, IMF, the World Bank, the European Union, nity, including awards from the Better Busi- ‘‘Tekno Ukrayina’’), Mr. Serhiy Oksanych Japan, and the U.S. government to provide (President, KINTO Investment Association), timely and adequate financial assistance. ness Bureau of New York and the committee 3. Support the introduction of the Ukrain- on the handicapped from the New York Board Hon. Borys Sobolev (Deputy Minister of Fi- nance), Hon. Dmytro Tabachnyk (Chief of ian national currency, which should be a sta- of Education. She was also certified as a lay Staff, Presidential Administration), Hon. ble currency inspiring confidence, and urge minister for the Archdiocese of Miami. Oleh Taranov (Chairman, Parliamentary the IMF to provide the appropriate stabiliza- Mr. Speaker, I ask my colleagues to join me Commission on Economic Policy), Hon. Boris tion fund. and the family of Mrs. Pearl Alma Rivero in Tarasiuk (Ambassador to Belgium), and Hon. 4. Encourage the U.S. government and the wishing her a happy 70th birthday and best Volodymyr Vasylenko (Ambassador-at- EU to identify and overcome trade barriers so as to facilitate Ukraine’s integration into wishes during this holiday season. Large). In addition, present at the meeting was Hon. Yuri Sheberbak, Ambassador of the global trading system. f 5. Assist with Ukraine’s efforts to join the Ukraine to the United States. World Trade Organization, and encourage More specifically, the AUAC endorses or THE IMPORTANCE OF ECONOMIC the U.S. Administration to extend Ukraine’s recommends the following: REFORM IN UKRAINE participation in the U.S. General System of SECURITY ISSUES Preferences. 1. Encourage the U.S. to clearly articulate 6. Express appreciation of the public edu- HON. LEE H. HAMILTON its vision of European security architecture, cation in market economics financed by the OF INDIANA and in that context urge it to develop a con- U.S. government, and advocate financing of IN THE HOUSE OF REPRESENTATIVES sistent, long-term policy toward Ukraine education in business management and pub- Monday, December 18, 1995 which views that country as a Central Euro- lic administration. Such efforts should lead pean state. That policy needs to strongly and to the Ukrainian government’s enhanced ca- Mr. HAMILTON. Mr. Speaker, I commend actively demonstrate American support for pacity to attract and retain competent per- the American-Ukrainian Advisory Committee an independent, democratic, and economi- sons at all levels of administration. E 2398 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 7. Support Ukraine’s participation in the It seeks to advance the cooperation and effec- REPORT ON RESOLUTION PROVID- global space program. tiveness of legislatures in U.S. States, terri- ING FOR DEBATE AND CONSID- 8. Urge the U.S. Congress to follow tories, possessions, and commonwealths, and ERATION OF THREE MEASURES Ukraine’s lead and ratify both agreements RELATING TO UNITED STATES dealing with double taxation and investment to make them more accountable and acces- promotion and protection. sible to all residents. It places as one of its TROOP DEPLOYMENTS IN BOSNIA BUSINESS INVESTMENT ISSUES highest priorities the fulfillment of goals of the 1. Encourage Ukraine to establish clear African-American and Latino American com- SPEECH OF property and contract rights, in harmony munities. with international norms, so that both for- eign and domestic investors’ rights can be Among other accomplishments, the Caucus HON. RONALD D. COLEMAN protected and enforced. was instrumental in persuading the State of OF TEXAS 2. Under the joint sponsorship of the Connecticut to divest from South Africa; in IN THE HOUSE OF REPRESENTATIVES Ukrainian Union of Entrepreneurs and the calling attention to the plight of Haitians; and U.S. Chamber of Commerce, establish a Busi- Wednesday, December 13, 1995 in calling for the appointment of African-Amer- ness Forum composed of CEOs and senior Mr. COLEMAN. Mr. Speaker, we are facing management to meet once a year to discuss ican Curtissa Coffield to the State Supreme an important and difficult moment: Should we business opportunities and obstacles in Court. Ukraine and the United States. send United States troops into Bosnia? De- 3. Encourage Ukraine to establish an equi- My home State has reaped enormous bene- ploying U.S. troops to foreign territory and table and rational tax code which abjures fits from the work of the Connecticut Legisla- possibly into harm's way is always a difficult retroactivity, double indemnity, discrimina- tive Black and Puerto Rican Caucus. Its cur- decision. tion, and punitive taxation levels. rent chairwoman, Annette Carter, heads a There is, however, one compelling rationale 4. Express clearly to the U.S. Congress and executive branch the AUAC’s strong support team of dedicated leaders who work hard to for United States participation in the inter- for rule of law programs which could im- help all of us. As the Caucus continues its national peacekeeping force; Bosnia has been prove significantly Ukraine’s business in- work and accomplishments into the next cen- the victim of international aggression and of vestment climate (e.g. development of com- tury, my State and the Nation will benefit. I crime against humanity that the Bosnian mercial code, enforcement of decisions of Ar- thank the Caucus for its endeavors and ap- Serbs, supported by the Milosevic regime in bitration Courts), and identifies this area as Belgrade, have committed against hundreds of plaud its mission. a priority. thousands of predominately Moslem Bosnians. 5. Encourage the Kyiv Political-Economic Working Group to provide the Western NIS f The American people are rightly outraged Enterprise Fund (Ukraine) with specific in- by the atrocities suffered by the Bosnian peo- vestment/joint venture guidance and sugges- TAX RELIEF AND THE RIGHT TO ple: mass executions, ethnic cleansing, con- tions on small business projects. WORK FOR OLDER AMERICANS centration camps, rape and terror, disease 6. Work through the Center for Inter- and starvation. Numerous accounts report on national Private Enterprise, an affiliate of the slaughter of innocent civilians in the Chamber of Commerce of the United HON. RODNEY P. FRELINGHUYSEN Srebrenica. Peace is the only way to end the States, to conduct seminars on investment terrible human toll of this year. Now, with the opportunities in different sectors of the OF NEW JERSEY Ukrainian economy. official signing of the peace agreement in Paris this week, the warring factions have f IN THE HOUSE OF REPRESENTATIVES agreed to peace and the principles of the set- CELEBRATING 20 YEARS OF THE Monday, December 18, 1995 tlement. We finally have a chance to end the CONNECTICUT LEGISLATIVE violence that has been so perniciously di- BLACK AND PUERTO RICAN CAU- Mr. FRELINGHUYSEN. Mr. Speaker, today rected at specific groups because of their CUS I rise to commend the House of Representa- faith. tives for passing H.R. 2684, the Senior Citi- President Bill Clinton, and U.S. diplomatic HON. BARBARA B. KENNELLY zens' Right To Work Act of 1995, which ends effort brought the parties to the peace table. the practice of punishing older Americans who The progress we have made toward peace OF CONNECTICUT want to work. has been the result of American leadership. IN THE HOUSE OF REPRESENTATIVES Earlier this year, I promised the 1 million NATO's bombing campaign, led by American Monday, December 18, 1995 pilots, stopped Serb attacks against the safe working, older Americans financial relief from areas. In Dayton, our single-minded pursuit of Mrs. KENNELLY. Mr. Speaker, I rise today the punitive Social Security earnings limit to give recognition to an organization that has peace helped the parties reach an overall set- which is wrongly imposed on them. H.R. 2684, helped countless residents in my State for 20 tlement. The Presidents of Croatia, Serbia, fulfills my promise by increasing the earnings years: the Connecticut Legislative Black and and Bosnia have made a serious commitment Puerto Rican Caucus. limit to $30,000 by the year 2002. Today, to peace. We must help them to make it work. The Caucus was formed in January 1976, many people across the Nation want or need After 4 years of war, a credible international under the leadership of its first chairman, Rep- to work beyond the age of 64 because a fixed military presence is needed to give the parties resentative Clyde Billington, Jr., of Hartford. In Social Security income alone cannot provide confidence to live up to their agreement and subsequent years, this leadership was pro- adequate financial resources. breathing room to begin reconciliation and re- building. NATO, proven strong and effective, is vided by distinguished legislators Maurice This Nation has a tremendous amount of that military presence. And the U.S. is the Mosley of Waterbury, Walter Brooks of New talent available in its older Americans. Young- Haven, William Dyson of New Haven, Abra- heart of NATO. If we fail to do our part in im- er people in the workplace gain a lot through ham Giles of Hartford, Eric Coleman of Bloom- plementation, we would undermine our leader- field, Ernest Newton of Bridgeport and Wade the experience of these individuals who con- ship of NATO. We would weaken the alliance Hyslop of New London. tinue to work. Simply put, lifting the earnings itself. We would also undercut the chance for The Caucus membership includes 13 Afri- limit is the right thing to do because it is good peace in Bosnia to the detriment of our own can-American and Puerto Rican membersÐ for all of us. interests. At this pivotal point in time, our U.S. currently 10 Representatives and 3 Senators. When fully phased in, the Senior Citizens' troops and our Commander in Chief deserve These hard-working, dedicated members Right To Work Act will exempt about 50 per- our complete support and confidence. strive not only to find solutions to problems, cent of the people who currently have to com- President Clinton has clearly defined the ob- but to promote the cultural diversity we are so jectives of the implementation force [I-For] and ply with the earnings limit. These individuals fortunate to have in Connecticut. stated our exact role in the international Throughout its 20-year history, the Caucus have worked hard to pay into the Social Secu- peacekeeping mission. I-For's mission is lim- has worked to improve the lives of African- rity trust fund. This legislation keeps our prom- ited to assisting the parties in executing the Americans and Latino Americans. The Caucus ise to lift the earnings limit for older people so military aspects of the peace agreement. promotes the growth of minority-owned busi- they can continue to contribute to our Nation. These efforts, in turn, will help create a secure ness, and works to expand economic and environment that will enable the people of educational opportunities in our communities. Bosnia to get on with the job of rebuilding. To December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2399 ensure a stable Bosnia, we must be commit- vatization of State-owned enterprises and fer of executive power in any of the inde- ted, publicly and resolutely, to the I-For mis- other important reforms. pendent States of the former Soviet Union; In closing, let me say that the future peace Whereas in June 1995, through peaceful co- sion, and most importantly to our United operation and compromise, the President States troops. and prosperity of Ukraine also depends greatly and Parliament of Ukraine reached a politi- f on the behavior of its neighbors. The Russian cal accord meant to better define the bal- Federation, in particular, should redouble its ance of powers between the executive and SUPPORTING THE INDEPENDENCE efforts to achieve a bilateral treaty with legislative branches of government, pending AND SOVEREIGNTY OF UKRAINE Ukraine that clearly accepts and respects the adoption of a new constitution for AND ITS POLITICAL AND ECO- Ukraine's independence. Russia should also Ukraine; NOMIC REFORMS Whereas Ukraine is the first of the inde- move quickly to achieve a final and fair agree- pendent states of the former Soviet Union to ment with Ukraine on the disposition and bas- appoint a civilian to the office of Minister of HON. BENJAMIN A. GILMAN ing of the Black Sea fleet. Ukraine has sought Defense; OF NEW YORK to work with Russia on various issues. Most Whereas Ukraine is pursuing political and IN THE HOUSE OF REPRESENTATIVES important, Ukraine has agreed to become a economic reforms intended to ensure its fu- ture strength, stability, and security and to Monday, December 18, 1995 nonnuclear State, relinquishing its Soviet-era nuclear weapons to Russia. It is appropriate ensure that it will assume its rightful place among the international community of Mr. GILMAN. Mr. Speaker, I am today intro- for Russia to respond in a cooperative spirit by ducing House Concurrent Resolution 120, ex- democratic States and in European and fairly dividing the fleet with Ukraine, paying ap- trans-Atlantic institutions; pressing the support of the United States Con- propriate compensation for the use of Ukrain- Whereas through the agreement by the gress for the independence and sovereignty of ian ports or facilities, and recognizing Ukrain- Government of Ukraine to the establishment Ukraine and for political and economic reforms ian sovereignty. This would be no less than of a mission from the Organization on Secu- in that important country. In laying out a num- Russia itself would expect with regard to its rity and Cooperation in Europe in the region ber of areas that both Ukraine and the United sovereignty and territorial integrity. of Crimea, Ukraine has shown its interest in States should focus upon, House Concurrent Mr. Speaker, Ukraine is the second largest avoiding the use of force in resolving ethnic and regional disputes within Ukraine; Resolution 120 should serve as a contribution State in all of Europe, with the sixth largest to the evolving relationship between our two Whereas Ukraine has taken very positive population. House Concurrent Resolution 120 steps in supporting efforts to stem prolifera- countries. I am pleased that I am joined in makes clear just how important Ukraine is to tion of nuclear weapons by ratifying the sponsoring this resolution by my colleagues, the peace, stability, and prosperity of Europe START I Treaty on nuclear disarmament Mr. GOODLING, Mr. SOLOMON, and Mr. HOKE. and therefore to the trans-Atlantic community and the Treaty on the Non-Proliferation of The challenges Ukraine faces in ensuring its of nations. American can and should play a Nuclear Weapons, thereby relinquishing nu- independence and in successfully implement- vital role in helping Ukraine through these dif- clear weapons it possessed after the dissolu- tion of the former Union of Soviet Socialist ing political and economic reforms should not ficult times. be minimized. In the area of economic re- Republics; Mr. Speaker, I ask unanimous consent that Whereas in December 1994, the Presidents forms, in particular, the Ukrainian people face the full text of the resolution be inserted in the of the United States and the Russian Federa- many difficult struggles. The United States is RECORD at this point. tion and the Prime Minister of Great Britain providing vitally needed assistance intended to H. CON. RES. 120 signed a Memorandum on National Security focus on those economic reforms that are key Supporting the independence and sov- Assurances for Ukraine as depository States to Ukraine's economic transformation and, ulti- ereignty of Ukraine and the progress of its under the Treaty on the Non-Proliferation of mately, to its continued independence. The political and economic reforms. Nuclear Weapons; international community has also begun to Whereas August 24, 1995, marked the fourth Whereas the Secretary of Defense of the United States and the Minister of Defense of provide substantial assistance and loans to anniversary of the independence of Ukraine; Whereas the independent State of Ukraine Ukraine signed a Memorandum of Under- Ukraine in support of economic reforms there. standing on cooperation in the field of de- As this resolution clearly points out, however, is a member State of the United Nations and the United Nations has established in fense and military relations on July 27, 1993; Whereas Ukraine has sought to promote the ultimate responsibility for the success of Ukraine an office to assist Ukraine in build- constructive cooperation with its neighbors those reforms lies with the President and Par- ing relations with the international commu- through humanitarian assistance and liament of that country. It is, quite simply, a nity and in coordinating international as- question of Ukraine's future independence. If through mediation of disputes; sistance for Ukraine; Whereas Ukraine has provided Ukrainian Whereas the independent State of Ukraine Ukraine's leadership cannot overcome the po- troops as part of the international peace- is a member State of the Council of Europe, litical and economic legacy of the failed Soviet keeping force meant to prevent the spread of the Organization on Security and Coopera- Union, that legacy will drag Ukraine's people conflict in the states of the former Yugo- tion in Europe, and the North Atlantic Co- backward. The burdens of that Soviet legacy slavia; and operation Council of the North Atlantic Alli- are the greatest challenge to Ukraine's as- Whereas Ukraine has played a vital role in ance, is a participant in the Partnership for preventing the emergence of a coercive mili- sumption of its proper place in Europe and in Peace program of the North Atlantic Alli- the trans-Atlantic community, and those bur- tary bloc on the territory of the former So- ance, and has entered into a Partnership and viet Union by representing the interests of dens must be overcome. Cooperation Agreement with the European the smaller states that are members of the Mr. Speaker, House Concurrent Resolution Union and has been accepted for membership organization known as the Commonwealth of 120 has a number of very positive things to in the Central European Initiative in 1996; Independent States: Now, therefore, be it say about Ukraine. Ukraine must be com- Whereas the United States recognized Resolved by the House of Representatives (the mended for the success of its political reforms Ukraine as an independent State on Decem- Senate concurring), That it is the sense of the ber 25, 1991, and established diplomatic rela- Congress that— to date. Ukraine has yet to adopt a new con- tions with Ukraine on January 2, 1992; stitution that, by clearly defining the separation (1) Ukraine has made significant progress Whereas Ukraine is a major European na- in political reform in its first 4 years of inde- of powers among the branches of government, tion, having the second largest territory and pendence and that it is to be congratulated would lay a strong foundation upon which to sixth largest population of all the States of for the successful conduct of free and fair consolidate Ukrainian democracy. Despite Europe; elections for the presidency and parliament; that, Ukraine has managed to carry outÐin a Whereas Ukraine has an important geo- (2) the territorial integrity of Ukraine in free and fair mannerÐits first Presidential and political and economic role to play within its existing borders is an important element Central and Eastern Europe and a strong, Parliamentary elections as an independent of European peace and stability; stable, and secure Ukraine serves the inter- (3) the President and Parliament of State. Ukraine was also the first of those ests of peace and stability in all of Europe, Ukraine should continue their strong efforts States that arose from the collapse of the So- which is also an important national security to agree upon and submit to the Ukrainian viet Union to carry out a peaceful, democratic interest of the United States; people for their approval a new democratic transfer of executive power. It is the first of Whereas Ukraine conducted its first presi- constitution providing for a proper balance those States to place its Ministry of Defense dential and parliamentary elections as an of power between the branches of govern- under civilian control. Finally, in June of this independent State in 1994, carrying such ment; year, Ukrainian President Leonid Kuchma and elections out in a free and fair manner and (4) the Government of Ukraine should con- moving further away from the former com- tinue its efforts to ensure the rights of all the Ukrainian Parliament agreed to an interim munist model of one-party, centralized, to- citizens of Ukraine regardless of their ethnic political arrangement, pending the adoption of talitarian rule; or religious background; a new constitution. That arrangement should Whereas Ukraine’s presidential elections of (5) the Government of Ukraine should con- allow the President to move forward with pri- July 1994 resulted in the first peaceful trans- tinue and accelerate its efforts to transform E 2400 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 its economy, abandoning the failed economic eration and commerce between the United daughter is also an active volunteer and her policies of the former communist regime and States and Ukraine is fully and appro- son has served as California State Com- ensuring that programs meant to ensure the priately exploited; and mander of the DAV and the AMVETS. success of economic reform receive strong (17) as a leader of the democratic nations Mr. Speaker, I ask you and my colleagues support at all levels of government; of the world, the United States should con- (6) the Government of Ukraine should, in tinue to support the people of Ukraine in to join me in saluting Ms. Engberg for her particular, proceed with the privatization of their struggle to bring peace, prosperity, and great spirit and to wish her a very happy 100th state-owned enterprises in a very expeditious democracy to Ukraine and to the other inde- birthday. manner; pendent states of the former Soviet Union. f (7) the Government of Ukraine should, in f particular, place a high priority on the adop- REPORT ON RESOLUTION PROVID- tion of those laws necessary to ensure the PERSONAL EXPLANATION ING FOR DEBATE AND CONSID- continued growth of an economy based on ERATION OF THREE MEASURES market mechanisms, private enterprise, and HON. NYDIA M. VELA´ ZQUEZ RELATING TO UNITED STATES the right to private property; TROOP DEPLOYMENTS IN (8) the Government of Ukraine should con- OF NEW YORK BOSNIA tinue its effort to arrive at an agreement IN THE HOUSE OF REPRESENTATIVES with the ‘‘G–7’’ group of States whereby the nuclear reactors at Chernobyl, Ukraine, Monday, December 18, 1995 SPEECH OF might be shut down in a safe and expeditious Ms. VELAÂ ZQUEZ. Mr. Speaker, earlier HON. PAT DANNER manner; today I was unavoidably detained and missed (9) the President of the United States OF MISSOURI should support continued United States as- rollcall votes 863 and 864. Had I been IN THE HOUSE OF REPRESENTATIVES present, I would have voted ``no'' on both roll- sistance to Ukraine for its political and eco- Tuesday, December 12, 1995 nomic reforms, for the safe and secure dis- call votes. mantlement of its weapons of mass destruc- I would ask unanimous consent that these Ms. DANNER. Mr. Speaker, I continue to tion, and for the increased safety of oper- votes be placed in the appropriate place in the have grave reservations about the United ation of its civilian nuclear reactors, and as- permanent RECORD. States' mission to Bosnia and this concern is sistance for the establishment of rule of law, f reflected in my votes on this issue. I do not for criminal justice and law enforcement believe we should agree to the placement of training, and for the promotion of trade and HAPPY BIRTHDAY TO MARIE American men and women in harm's way investment; ELIZABETH ZEMAN ENGBERG (10) the President of the United States without the support of the American people, should insist that the Government of the which I do not believe exists. I fear that the Russian Federation, in line with the assur- HON. FORTNEY PETE STARK mission could result in a significant loss of ances for the security of Ukraine made by OF CALIFORNIA American lives without accomplishing the goal the President of the Russian Federation in IN THE HOUSE OF REPRESENTATIVES of peace in the Balkans. the January 1994 Trilateral Statement on Monday, December 18, 1995 I have listened closely to the arguments Nuclear Disarmament in Ukraine, fully and made in support of sending troops. I have not finally recognize Ukraine’s sovereignty and Mr. STARK. Mr. Speaker, I rise today to territorial integrity and refrain from any yet been convinced that the parties to the economic coercion of Ukraine; congratulate Marie Elizabeth Zeman Engberg, agreement are completely willing to accept the (11) the Government of Ukraine should who will celebrate her 100th birthday this Sat- terms of the agreement, nor am I convinced continue to act in defense of its sovereignty urday, December 16, 1995. Ms. Engberg is a that they have complete control over the peo- and that of the other independent states of long-time resident of San Leandro in Califor- ple they represent. the former Soviet Union by opposing the nia's 13th Congressional District. I want to One of my chief concerns with the peace emergence of any collective military bloc on take this opportunity to congratulate Ms. agreement continues to be the individual inter- the territory of the former Soviet Union Engberg on reaching this milestone, but also pretations of the terms by the leaders. For ex- whose primary purpose would be the re-cre- to recognize her for achieving something that ation of that failed state or the reintegration ample, Croat authorities released a jailed mili- into one political entity of those nations may be even more distinguished. At this time, tary commander who was under indictment by once held captive by it; she has accumulated over 23,360 hours of the international war crimes tribunal for atroc- (12) the President of the United States volunteer work in the disabled American vet- ities. This action knowingly violated one of the should express the support of the United eran medical system in California's bay area. major provisions of the Balkan peace agree- States for Ukraine’s insistence that it be Ms. Engberg was born on December 16, ment. This type of blatant and self-serving dis- provided with appropriate rent or compensa- 1895, in Pittsburgh, PA, to immigrant parents. regard for the terms of the agreement certainly tion for the use of its bases, ports or other She spent her early years in Kensington, Can- facilities on its territory under appropriately does not bode well for the peace agreement negotiated and ratified agreements and trea- ada, and later moved to Crosby, ND, where and the United States mission. Because of ties; she married a World War I soldier. She moved this, I am concerned that a mission intended (13) the President of the United States on to Lawrence, KS, and then to Tarkio, MO. to keep the peace could quickly become a should ensure that Ukraine’s national secu- Ms. Engberg made her living by working in the military engagement similar to what transpired rity interests are fully considered in any re- corn fields. While living in a tent, she volun- in Somalia. vision of the Treaty on Conventional Forces teered to cook for the other field hands. She In closing, however, it is important to note in Europe that may be agreed to by the sig- believes that this was the beginning of her vol- that like the many other Americans opposed to natories to that agreement; (14) the President of the United States unteer spirit. She also worked the carnivals the mission, I will be supportive of our troops should work to ensure that Ukraine’s inter- before she traveled to Alameda, CA, where as they are committed to Bosnia. ests as an integral part of Central and East- she finally settled. She took a job at Beth- f ern Europe are fully considered in any re- lehem Shipyards in a machine shop and made view of European security arrangements and her home in the projects, which, at that time, ANNIVERSARY OF FIRST AFRICAN- understandings; were at the west end of the island of Alameda. AMERICAN TO SERVE IN HOUSE (15) the President of the United States After the war ended, she worked in the insur- OF REPRESENTATIVES should support continued United States se- ance industry until she retired at age 65. curity assistance for Ukraine, including as- SPEECH OF sistance for training of military officers, After her retirement, Ms. Engberg continued military exercises as part of the North At- to volunteer at VA hospitals in Oakland and HON. BARBARA-ROSE COLLINS lantic Alliance’s Partnership for Peace pro- later at the Martinez facility. As late as 1990, OF MICHIGAN gram, and appropriate military equipment to at the age of 95, she attended a VAVS meet- IN THE HOUSE OF REPRESENTATIVES assist Ukraine in maintaining its defensive ing in Martinez. She joined the DAV Auxiliary, capabilities as it reduces its military force chapter 7, in Oakland, in 1949, and has been Tuesday, December 12, 1995 levels; an active member ever since. In 1954, she Miss COLLINS of Michigan. Mr. Speaker, I (16) the President of the United States should ensure the United States Govern- served as the chapter's commander. She has am pleased to commemorate the 125th anni- ment’s continued efforts to assist Ukraine in represented the chapter at national conven- versary of the election to Congress of the first its accession to the World Trade Organiza- tions all over the United States. African-American Member. Clearly, the highest tion; and should ensure, in particular, that Ms. Engberg is also a member of Rebekah honor we could bestow on the Honorable Jo- the potential for aerospace and space co-op- Lodge No. 19 and has two children. Her seph Hayne Rainey is to assure him that the December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2401 struggle he began in this Congress 125 years I have heard from representatives of many prevention program in my district, ago, is being carried on today by some of us of the 41 health facilities in Arkansas which PeaceBuilders. This innovative program may who still recognize that racial inequality and are standing idle and empty while awaiting ini- help save our children and greatly reduce the discriminationÐtwo of the issues Congress- tial certifications. All have stated they are number of young lives that enter the criminal man Rainey struggle valiantly againstÐcon- more than willing to pay the cost of certifi- justice system. cation if it will help expedite the opening of tinue to impact important policy decisions of Crime and violence in our schools is a prob- these much-needed facilities. this body. We saw it in our consideration of lem high on my list of concerns, for its nega- Robert Pear reported in the New York the sentencing guidelines relating to crack co- tive effects touch us all. Having looked for so- Times on November 25 that this particular caine. We see it in the ongoing emphasis of lutions over the years, I feel encouraged by problem was ``a case study of what might be the majority to put more of our citizens in pris- the model used in the PeaceBuilders Program. on, as opposed to investing in education and in store for GOP plans after spending reduc- jobs. It is visible in the efforts by some to re- tions.'' In the past 5 years, the number of hos- In 1992, Dr. Dennis Embry, a licensed child duce the liability for white collar crime and se- pices has more than doubled and the number psychologist, started the nationally known vio- curities fraud. We see it this week in the for- of rural health clinics has more than quad- lence prevention program called eign operations appropriations measure which rupled. Health facilities such as these are try- PeaceBuilders. PeaceBuilders has been se- provides billions of foreign aid to some individ- ing to meet the growing health care needs of lected as one of three projects by the Center ual countries, while completely annihilating aid our citizens at less cost to the American pub- for Disease Control as a promising national to the entire region of the sub-Saharan African lic. If these facilities are forced to stay closed model for elementary school students. The countries. Another example is the announced because of bogus regulations and budget cuts program teaches children to praise people, effort in the coming session to eliminate af- by Congress, then it is the people who need give up put downs, seek wise adults, notice firmative action programs, without taking other health care who ultimately lose out. hurts and right wrongs. effective steps to correct racial discrimination Mr. Speaker, let's not tie the hands of our Over 150 schools in 17 states make up the in that all important area of meaningful em- health care providers who are trying to meet network of PeaceBuilders. Schools participat- ployment. our requests. I urge my colleagues to support ing in the program notice immediate changes I believe that all of these important issues my commonsense solution to this problem and in student behavior. The number of student and others like them would be of great con- allow our health providers to care for Ameri- suspensions, playground problems and inju- ca's patients. cern to Congressman Joseph Hayne Rainey, if ries decrease. What is the magic of this pro- he were here today. And I want him to know f gram? The formula includes partnerships be- that partly due to the inspiration of his efforts TRIBUTE TO ROBERT P. ZERBOLIO tween all elements of a child's environment and memoryÐmany of us are still here work- that means active participation by parents, ing in support of his cause. Thank you Con- school personnel and the community. The pro- gressman Rainey. We will continue the fight. HON. JERRY WELLER gram targets children during the formative OF ILLINOIS f years, before habits of aggression are firmly IN THE HOUSE OF REPRESENTATIVES fixed. It is based on the African concept that LEGISLATION TO ALLOW HEALTH Monday, December 18, 1995 it takes an entire village to raise a child. Ev- PROVIDERS TO PAY FEES FOR eryone must reinforce the concepts of the pro- Mr. WELLER. Mr. Speaker, today, I'd like to INITIAL CERTIFICATIONS gram and, therefore, everyone is affected by honor the retirement of Robert P. Zerbolio, the program. commander's representative of the Joliet Army HON. BLANCHE LAMBERT LINCOLN Ammunition Plant. I recently visited Emmerton Elementary, a OF ARKANSAS Born in Coal City, IL, Mr. Zerbolio began a school in my district that has had a PeaceBuilders Program in operation there IN THE HOUSE OF REPRESENTATIVES career in civil service on April 1, 1962, with the ammunition procurement on supply agen- since March 1994. The program is making a Monday, December 18, 1995 cy in Joliet, IL. As an engineering technician in difference. The Emmerton model is providing Mrs. LINCOLN. Mr. Speaker, budget poli- the technical data division, Mr. Zerbolio was a a means for everyone from custodian to cies imposed by Congress have placed the dedicated and hard-working civil servant. school administrator, businessperson, parent American health care system in a catch-22. Because of his expertise and work ethic, Mr. and student to have a role in creating a better Hundreds of new specialized health treatment Zerbolio became the supervisor of the foreign world. I was inspired by what I saw at facilities stand idle today because of conflict- military sales branch and held that position Emmerton. ing rules coming out of Washington. until 1973 when he left civil service for the pri- Inland Agency, a non-profit organization I rise today to introduce commonsense leg- vate sector. serving the Inland area of Southern California, islation that will restore order to the havoc In November 1983, Mr. Zerbolio rejoined is the first organization to introduce wreaked upon health care providers by Wash- civil service as an industrial specialist on the PeaceBuilders in California and has been suc- ington. Here is the problem: contracting officer representative staff at the cessful in launching it since March of 1994 in No. 1, Republican budget policy encourages Joliet Army Ammunition Plant. He served in 87 educational sites throughout San health care providers to reduce costs by es- that position until 1993 when he was promoted Bernardino and Riverside counties. Inland tablishing specialized facilities that segregate to his current job. agency serves as the link between the Mr. Zerbolio is the type of civil servant who certain health treatments, such as rural health schools, business, civic and community orga- is loyal, diligent, and has a proven record of clinics and hospices, from the mainstream nizations to help secure sponsorships and to achievement. He will be missed at the Joliet hospital population. provide local trainers and technical assistance. Army Ammunition Plant. Numerous business and civic organizations in- No. 2, Medicare regulations require initial We wish him and his wife, Gloria, and their cluding State Farm Insurance, TARGET, Ro- certification of new health treatment facilities in three daughters much happiness in retirement. tary, and Kiwanis have undertaken volunteer order to receive Government reimbursement And, we thank Mr. Zerbolio for his service to projects and have provided financial sponsor- for eligible treatment. our country as a civil servant. No. 3, initial certifications of new health fa- ship of the PeaceBuilders Program for ele- f cilities are currently on hold in several States mentary schools throughout the Inland area. due to severe budget cuts imposed by the Re- PEACEBUILDERS CAN SAVE OUR In the Inland Empire over 31,020 students publican-led Congress. CHILDREN are enrolled in PeaceBuilder programs and No. 4, Federal rules do not provide any are learning to be builders of peace. In 1996, other means to pay for initial certifications. HON. GEORGE E. BROWN, JR. Inland Agency projects an enrollment of My legislation simply gives the States the OF CALIFORNIA 40,000 to 60,000 students. It is possible to authority to charge fees to health providers to IN THE HOUSE OF REPRESENTATIVES create a better environment in our respective cover the cost of inspections. If passed, an or- cities if we work together (families, schools, derly system of initial inspections can resume Monday, December 18, 1995 businesses and law enforcement) to nurture and good, sensible health policy can go into Mr. BROWN of California. Mr. Speaker, I the seeds of peace that PeaceBuilders has effect. rise today to highlight an education and crime given us. E 2402 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 REPORT ON RESOLUTION PROVID- view, during the next year, the Bosnian mili- and I saw an article titled ‘‘The Apes of ING FOR DEBATE AND CONSID- tary must be armed and trained in the use of Rath,’’ about Colonel Rath, who was putting ERATION OF THREE MEASURES weapons. If the deployment of American together the first Special Forces group. I RELATING TO U.S. TROOP DE- thought they had nice headgear, the green peacekeepers is inconsistent with an active ef- beret. PLOYMENTS IN BOSNIA fort to arm the BosniansÐby whomeverÐas I joined the Army without any idea of what some of our allies and some in Congress as- I was getting into. I began to realize it at the SPEECH OF sert, then American peacekeepers should not Airborne School at Fort Benning (Georgia). HON. JIM KOLBE be deployed because lasting peace cannot be And after nearly 40 years in uniform, there OF ARIZONA achieved because of the extreme military im- is little doubt that Sobichevsky made the right IN THE HOUSE OF REPRESENTATIVES balance that exists today. We must have a choice. Indeed, his career in the Army has commitment from our allies on this issue in Tuesday, December 12, 1995 been very distinguished. Completing three advance or this mission will almost certainly tours of duty in Germany, two tours in Korea, Mr. KOLBE. Mr. Speaker, today, we asked be doomed to failure. It is impossible to imag- and one in Panama, Sobichevsky saw combat to vote on three measures regarding the de- ine the Bosnian Republic living in harmony first in Laos as part of the White Star initiative ployment of United States troops to Bosnia. without a sufficiently armed and trained and then in the Military Assistance Command Ten days ago, I joined 14 of my colleagues Bosnian military force. I am disappointed that, Vietnam's Studies and Observation Group. from the House and Senate on a factfinding in the House of Representatives, we have not After earning both bachelor's and master's trip to Bosnia and Herzogovenia, Serbia, and had the opportunity to consider initiatives to degrees in government from the University of Croatia. I did so because I wanted to fully un- compel the administration to extract such a San Francisco, Sobichevsky also graduated derstand the implications of the United States commitment from our allies. from the Army Command and General Staff being involved in the Balkans. We meet with Furthermore, I see little in the peace accord College and the National War College. the Presidents of the Yugoslav Republic, Cro- to address the monumental problem of the After serving as operations director for the atia, and Bosnia, the United States Army, and nearly 3 million refugees who have been dis- Special Operations Command, Pacific, Colonel NATO Commanders, as well as U.N. military placed from their homes. While the agreement Sobichevsky was transferred to the Defense authorities. And we all saw images in Sarejevo calls for these people to return to their homes Language Institute, which will mark its 50th I'm sure we'll never forget. and villages in territories controlled by former anniversary next year as the premier military The devastation is staggering beyond com- enemies, it provides no guarantees of security institution for foreign language instruction in prehension around SarajevoÐthe host of the for them. If the Bosnians, Serbs, and Croats support of national security requirements for 1984 Winter Olympics. Once a city of 500,000, cannot return to their homes with assurances all four military services. its population, it has been reduced in half. Vir- of safety, it is a virtual certainty that they will During his 3-year tenure at DLI, the largest tually every building is damaged. Electricity, remain refugees, with all the attendant prob- language training institution in the world, water, sewer, and other basic services are lems such a massive population displacement Sobichevsky is credited with incorporating the sporadic. Most troubling, however, is the will cause. It could easily lead to a situation school into the network of Monterey Bay edu- human tollÐmany thousands of civilians have similar to that which has plagued Israel and cational and language facilities. DLI now been killed in the conflict and there are per- Palestine for over 40 years. works cooperatively with other Monterey Bay haps as many as 3 million Balkan refugees Despite my reservations about the wisdom institutions of higher learning dedicated to for- scattered across Europe. They are the inno- of the President's decision to deploy United eign language training, including the Monterey cent victims of this conflict. It was obvious to States forces to Bosnia, now that the decision Institute of International Studies and the Naval all on our trip that life will never be the same to deploy them has been made, I am commit- Postgraduate School. The consortium of insti- for those who live in this troubled region of the ted to providing full support to our troops. I will tutions that provide graduate-level training in world. vote now, and in the future, to provide them foreign language in the Monterey Bay area Now, the President has made a decision to with whatever resources are deemed nec- have a strong leader in Colonel Sobichevsky send 20,000 Americans to Bosnia to join with essary to allow them to accomplish their mis- and DLI. other NATO Forces in implementing the peace sion. Certainly, the brave men and women More importantly, the commandant has im- agreement. I think the policy that led to this serving in our Armed Forces deserve no less. proved the training at DLI. ``Our goal is to decision was wrong. But the question of f have students achieve a Level II proficiency in whether we should have gone there is largely listening comprehension, reading and speak- TRIBUTE TO COL. VLADIMIR moot. It now matters only that we succeed. ing,'' Sobichevsky said. ``That's not a native SOBICHEVSKY This raises the question of how we should de- speaker, but that's pretty darned good.'' fine success. According to Sobichevsky, while just 12 per- I believe that success should be defined as HON. SAM FARR cent of DLI graduates had level II proficiency minimizing casualties to U.S. troops and en- OF CALIFORNIA in 1985, 64 percent have it this year. suring the peace we enforce for 12 months IN THE HOUSE OF REPRESENTATIVES ``I don't want to take credit,'' Sobichevsky can endure beyond that period. Regarding the Monday, December 18, 1995 modestly added. ``We built on the building safety of our troops, I am convinced our mili- blocks of previous commandants. The credit Mr. FARR. Mr. Speaker, I rise today to sa- tary is capable of protecting themselves and goes to the 650 faculty, seven school deans, lute a great military leader, U.S. Army Col. enforcing peace while they are there. Make no 80 military language instructors. They deserve Vladimir Sobichevsky. The colonel retires from mistake, this is a tough assignment and it car- the credit.'' the U.S. Army this month after serving for the ries with it the dangers inherent to any military As each student who has received language last 3 years as the commandant of the De- operation in a potentially hostile environment. training at DLI will attest, Sobichevsky is to be fense Language Institute located in my district. However, our troops are well-trained, their commended for enhancing the language pre- A native of Russia, Sobichevsky fled the mission is well-defined, and they have the req- paredness of its students. Colonel former Soviet Union with his mother in 1943. uisite firepower and clear rules of engagement Sobichevsky is a soldier's soldier and de- Settling in Germany, the two emigrated to the to protect themselves. Morale is high and I am serves the Nation's heartfelt appreciation for United States from a displaced persons camp confident they are well-prepared for the mis- his military service. in 1949. He enlisted in the U.S. Army just 7 sion ahead. f I remain, however, doubtful about the pros- years later, joining the first Special Forces pects for long-term peace in the region. The group. NATIONAL DEFENSE AUTHORIZA- NATO Forces have established a self-imposed At the time, Sobichevsky said he was moti- TION ACT FOR FISCAL YEAR 1996 1-year deadline for the departure of troops. It vated to become a soldier because you could hardly seems plausible that a 1-year respite in earn U.S. citizenship by serving in the Armed SPEECH OF the fighting will be sufficient to secure the last- Forces for 5 years. He recently told a reporter: HON. MICHAEL G. OXLEY I was going to join the Marines. I kind of ing peace contemplated by the Dayton Agree- OF OHIO fell into the Special Forces. I was the dumb- ment and coveted by the people of that war- est kid you could’ve met, with virtually no IN THE HOUSE OF REPRESENTATIVES torn region. education, due probably to a poor start in Friday, December 15, 1995 It has been my consistent view that a stable life. military balance is essential to achieve lasting I was standing in a drugstore in Geary Mr. OXLEY. Mr. Speaker, there were a peace in the Balkans. That means, in my Street in San Francisco, reading a magazine, number of environmental matters in this year's December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2403 DOD authorization bill that fell within the juris- REPORT ON RESOLUTION PROVID- foreign troops, including 20,000 Americans to diction of the Committee on Commerce, and ING FOR DEBATE AND CONSID- enforce it. As horrible as this tragedy has for which Chairman BLILEY and I served as ERATION OF THREE MEASURES been, the current situation in Bosnia might be conferees. The first issue related to reforms of RELATING TO UNITED STATES solved without American troops. In fact, Gen- so-called restoration advisory boards, which TROOP DEPLOYMENTS IN eral Shalikashvili testified that from a strictly are community involvement organizations de- BOSNIA military perspective, the task of implementing a peace accord in Bosnia could be accom- veloped by the Department of Defense to en- SPEECH OF plished solely by European forces. The United sure citizen participation in decisionmaking on HON. TIM ROEMER States can and probably should bring some environmental cleanups of DOD facilities. The OF INDIANA unique support capabilities to any peacekeep- Commerce Committee is very concerned that IN THE HOUSE OF REPRESENTATIVES ing operation, but these would not require a the bill's provisions may ultimately have the ef- Tuesday, December 12, 1995 ground presence of up to 20,000 U.S. troops. fect of putting an inappropriate burden on the Mr. ROEMER. Mr. Speaker, I rise in strong We were also told that the United States Superfund trust fund, and I understand that an support of House Resolution 302 as intro- must play a leading role on the ground be- exchange of letters between Chairmen BLILEY duced by Representatives SKELTON and cause the United States is the leader of NATO and SPENCE will be included in the record of BUYER that would reiterate our serious con- and that Alliance solidarity would crumble if this debate. I simply rise to emphasize the cerns about the planned deployment of 20,000 we did not. However, to argue that the credi- bility and effectiveness of NATO rest upon point, and to assure may colleagues that, as United States ground troops to Bosnia to help committing American forces to an ill-defined the Commerce Committee considers its implement the Dayton peace accord. This res- olution also expresses the deep pride and peacekeeping mission is suspect. In fact, the Superfund reform legislation in 1996, we will confidence of our Nation in the brave and cou- strains of a prolonged military deployment, in be keeping a close eye on this issue. rageous U.S. troops supporting this com- support of ambiguous objectives could do The second matter of importance to the plicated and dangerous mission. This is cer- more to pull the alliance apart in the long run Committee was a direct amendment to tainly the message that we want to send to than to solidify it. Superfund relating to DOD's ability to lease our proud men and women in uniform. Our message should be, ``Do not send our parcels of its property. We worked closely with Without question, the decision to send Unit- young men and women to Bosnia,'' and I ed States troops to Bosnia is one of the most agree strongly with that message. This body the Senator from New Hampshire in the other difficult foreign policy choices our Nation must should say ``No'' right now to a mission that body to make commonsense reforms in this confront. The risk our troops will face is real, lacks concrete strategic objectives. I have area. Nevertheless, the Commerce Committee and the long-term success of the Dayton voted twice to do this. clearly retains jurisdiction over these provi- agreement is far from certain. From the outset, As we have learned from Somalia and Haiti, sions, and In intend to review them as our I have been opposed to sending United States we cannot put troops in harm's way in a for- Superfund reform bill progresses. troops because the situation in Bosnia does eign country without a clear, achievable objec- not involve a vital and compelling national in- tive and a clearly defined exit strategy. It is a f terest. This mission is not clearly defined, recipe for disaster and we certainly cannot put other than the exit date, and there is a great those lives on the line without an American COMMENDING SAMUETTA H. deal of potential danger and confusion en- chain of command. DREW, PRINCIPAL OF ANNA STU- tailed in nation-building. The Dayton accord in- I do not rise in support of this resolution to ART DUPUY ELEMENTARY volves assuring fair and free elections and re- undermine our President. I am an ardent sup- SCHOOL IN BIRMINGHAM, AL settling the refugees. As horrible as this strat- porter of our Armed Forces, and I am a strong egy has been, the current situation in Bosnia supporter of humanitarian aid to the people of could be solved with NATO and United Na- Bosnia. I support the resolution for the same HON. EARL F. HILLIARD tions assistance. reason that I voted against lifting the arms em- OF ALABAMA However, in the event that the remaining bargo against the Governments of Bosnia and 20,000-member contingent of U.S. troops is Herzegovenia: to prevent the Americanization IN THE HOUSE OF REPRESENTATIVES deployed, we must ensure that our military of the Balkan conflict and save American lives. Monday, December 18, 1995 commanders have everything they need to do I urge my colleagues to support this resolu- their job effectively. Furthermore, we must be tion. Mr. HILLIARD. Mr. Speaker, I insert the fol- certain that the requests of the military com- lowing for the RECORD: manders in Bosnia will be addressed imme- f diately and completely. Moreover, in the inter- Whereas, Dupuy Elementary School under REPORT ON RESOLUTION PROVID- est of maintaining the moral and confidence in the guidance and leadership of Principal ING FOR DEBATE AND CONSID- our young men and women in uniform, we Samuetta H. Drew implemented the ABC’s of ERATION OF THREE MEASURES must make them understand that their Gov- Etiquette Training Program which has been RELATING TO UNITED STATES ernment and their Nation completely supports recognized by CBS Good Morning America TROOP DEPLOYMENTS IN their cause and stands behind them in this Show and CNN’s Parenting Today; and BOSNIA mission, once the President has sent them Whereas, Dupuy Elementary School has into Bosnia. SPEECH OF been instrumental in the development of pro- I certainly welcome all efforts to reach a grams such as the Builders Club, Beta Club, peace in Bosnia, but I oppose any increased HON. CHARLES E. SCHUMER Safety Patrol, Student Council, Scouting United States military role in this volatile area. OF NEW YORK and the DARE Program, such programs have American soldiers should be deployed when IN THE HOUSE OF REPRESENTATIVES help enhanced the organizational skills of and if American national interests are at stake. our future leaders as well as strenghted their Wednesday, December 13, 1995 We should deploy our forces when treaties are self esteem; and broken and when our troops are threatened. Mr. SCHUMER. Mr. Speaker, I support Whereas, Dupuy Elementary School is in- There may be other circumstances for U.S. in- House Resolution 302, but with one important volved in positive activities and desiring volvement. We should reflect these principles objection. I support it because I have severe those things pleasing to God and that the in a thoughtful doctrine or policy, not a pick reservations about the President's policy and Dupuy Elementary represents the type of and choose method. implementation plan. Specifically, it is not at all educational environment deserving of praise U.S. foreign policy has always come to the clear to me that the situation in Bosnia will be and recognition by all in the Seventh Con- defense of sovereign democratic allies that any better after our troops depart 1 year from gressional District: Now therefore, be it came under external military attack. This is not now. This is because, in my view, the plan Resolved, That I hereby most highly com- consistent with the current situation in Bosnia. fails to articulate the kind of explicit objectives mend Mrs. Samuetta H. Drew all the staff of As heart-wrenching as this tragedy has been, and success criteria necessary for the success Anna Stuart Dupuy Elementary School for this does not seem to justify the loss of Amer- of such a deployment. What exactly do we ex- the Implementation of the ABC’s of Eti- ican lives. It is certainly not something I can pect to achieve over the next 12 months in quette Program, for taking the extra initia- justify to my constituents, who have sons and order to preserve peace, and how will we tive to develop the social and organizational daughters who may not come home. know whether we've succeeded when the ap- skills of our youngsters and just for a job One can only wonder how meaningful a pointed exit time arrives? Unless these ques- well done. peace agreement is when it requires 60,000 tions are answered more satisfactorily, our E 2404 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 troops could very well be placed in harm's kindness, punctuality, courtesy, friendliness, HONORING DAN W. ECKSTROM way on a mission based more on good inten- and cleanliness. I will endeavor always to be tions than on reasoned expectations. fair and helpful, not only to employees, my HON. ED PASTOR The resolution also declares that the House management team and stockholders, but also OF ARIZONA ``is confident that the members of the United to customers, Government agencies, and IN THE HOUSE OF REPRESENTATIVES States Armed Forces, in whom it has the competitors.'' Monday, December 18, 1995 greatest pride and admiration, will perform Today, the L. J. Minor Corporation is their responsibilities with professional excel- housed in an expansive plant in Cleveland Mr. PASTOR. Mr. Speaker, I rise today to lence, dedicated patriotism, and exemplary and its products are sold and highly respected pay tribute to a leader of the Tucson commu- courage,'' a confidence I fully share and wish around the world. As an Horatio Alger story nity and a dear friend of many years. In this deeply to express. about a dedicated inventor and industrialist holiday season, I am especially grateful for the However, I object to paragraph (5) of sec- who made good, the tale of Lewis J. Minor services that Dan W. Eckstrom provides to the tion 2 of the resolution, which states that ``the would be worth telling. But that's only part of Second Congressional District of Arizona as United States Government in all respects this extraordinary man's saga. an outstanding elected official and a dedicated should be impartial and evenhanded with all In 1961, with wealth and accolades to last public servant. Dan has long been an activist parties to the conflict.'' I disagree with this pro- a lifetime, Dr. Minor made a pivotal decisionÐ for children's programs and for senior citizen vision because of my longstanding support of he went back to school and in a sense started programs in Pima County, AZ, but it is during lifting the arms embargo to permit the Bosnian over. In 1964, he received his Ph.D. from this time of year that his caring for these two Government to defend itself against Bosnian Michigan State University's food service pro- groups is especially evident. On December 22, Serb aggression, a cause for which I also gram with the sole intent of sharing with the 1995, Dan will host his 28th annual Christmas have supported United States financial assist- upcoming generation of hospitality profes- party for the needy children of South Tucson ance. In fact, I believe that if anything of last- sionals his vast knowledge of food science and the Pasqua Yaqui tribe. At this event, ing value can be achieved by the President's and his personal vision of the importance of more than 2,000 children will receive gifts and plan, it is to achieve this necessary military an unwavering commitment to excellence. toys; for many of them, these will be the only balance. This paragraph contradicts that es- Balancing his duties as president of a major gifts they will receive this holiday season. In sential objective and I must object to its inclu- food manufacturer with the growing legion of working all year for this event, Dan organizes sion in a resolution otherwise deserving of devoted students he taught at Michigan State, the gifts, food, and volunteers and is solely re- support. Dr. Minor has left an indelible imprint on his sponsible for the events' tremendous success. f industry that would be difficult to overstate. In addition, Dan organizes, packs, and person- Although he sold off his interest in the L.J. ally distributes 400 fruit baskets to senior citi- TRIBUTE TO DR. LEWIS J. MINOR Minor Corporation some years back, Dr. Minor zens. remains a dominant force in American food Dan's work for the community began at the HON. DICK CHRYSLER service education, and one of its most gener- age of 9 when he walked various precincts for candidates who pledged to help the disadvan- OF MICHIGAN ous benefactors. He has written or coauthored taged residents of south Tucson. At age 24, IN THE HOUSE OF REPRESENTATIVES 12 books and numerous articles in the field, Dan was elected to the South Tucson city Monday, December 18, 1995 and has donated millions of dollars to help students in the programs at Michigan State, Council and 2 years later, he was elected Mr. CHRYSLER. Mr. Speaker, I rise today Cornell, the Culinary Institute of America, Pur- mayor of South Tucson. He held the distinc- to share with my colleagues the unique con- due, Johnson and Wales, the University of Ne- tion for many years of being the youngest tributions of a 20th century icon in the Amer- vada-Las Vegas, and through the continuing mayor ever elected in the State of Arizona. He ican food service fieldÐDr. Lewis J. Minor. education programs of the American Culinary served his constituents well and continued as As an inventor, entrepreneur, educator, and Federation. mayor for 20 years. generous benefactor, Dr. Minor's career has Much is made these days of importance of In 1988, he expanded his services to all of been one of honor and pride to an industry family values, and Dr. Minor embodies this Pima County, becoming a member of the that is fundamental to all Americans, yet this term at its finest. Beyond his devotion to his Pima County Board of supervisors. He contin- story is largely unknown. wife Ruth over the 57 years of their marriage ues to serve in that capacity today. In his capacity as an elected official and as Like Thomas Edison and Alexander Graham and to their 8 grown children and their grand- a private citizen, Dan has always been the Bell, Lewis J. Minor was a visionary who children, Dr. Minor has extended his family voice of those in need, and he has tirelessly brought his solution to a basic human need to through the years to embrace countless stu- worked to extend to all members of our soci- market with startling success. dents who came to consider the Minor's house ety the opportunities to succeed. To this end, A food scientist by training, Dr. Minor their second home. It is interesting to note that Dan has been a strong advocate of small worked with his wife Ruth in their family kitch- many of Dr. Minor's pupils have gone on to business and the free enterprise system. He en to develop a variety of food bases that con- become distinguished food service industry has also supported and endorsed worker pro- densed the savory essence of poultry, vegeta- and educational leaders in their own right. tection and unions. bles, beef, pork, and seafood for use by pro- A new book entitle Always in Good Taste: Dan has served on many boards and com- fessional chefs. Using their own children as The L.J. Minor Story, has been written with missions with distinction. His awards and com- blind-folded tasters, the Minors discovered the the assistance of John Knight, captures the munity recognitions span 41 years and are secret techniques that would save chefs hours philosophies and accomplishments of this dis- from almost every group that works or serves of tedious labor in their kitchens, and allow all tinguished American for those who would like the south side of Tucson. of America to enjoy an excellent cuisine that to learn about a successful man who is not previously had been available only to the Dan W. Eckstrom is a citizen of merit for his above extending a helpful hand to anyone community, his State, and his country. I ap- wealth elite. who will take it. His example should be re- Now a staple in virtually every professional plaud his energy, and I ask my colleagues to membered always. join me in recognizing one of our most de- kitchen, L. J. Minor food bases were launched f in 1951 when Dr. Minor left his secure job as voted and admirable citizens, Mr. Dan W. a respected corporate technical director at age PERSONAL EXPLANATION Eckstrom. 37 and set up shop in a single room with f $7,500, mostly borrowed, a loaned Hobart HON. ILEANA ROS-LEHTINEN TIMELY INTELLIGENCE: IMPOR- mixer, and his dreams. After nearly a decade OF FLORIDA TANT AS EVER IN THE POST- of struggleÐmoving first into a former horse IN THE HOUSE OF REPRESENTATIVES COLD-WAR ERA barn and later to a converted car washÐthe Monday, December 18, 1995 Minor food bases caught on, largely through HON. HENRY J. HYDE word-of-mouth among experienced chefs. Ms. ROS-LEHTINEN. Mr. Speaker, due to OF ILLINOIS From the outset Dr. Minor stressed quality the death of my mother-in-law, Mrs. Norah IN THE HOUSE OF REPRESENTATIVES and customer satisfaction above all else. Upon Lehtinen, I was unable to vote ``yes'' on House launching the L. J. Minor Corporation he stat- Joint Resolution 132 expressing the sense of Tuesday, December 19, 1995 ed, ``The tenets upon which I shall build my Congress in favor of a 7-year balanced budg- Mr. HYDE. Mr. Speaker, as we continue to business will be honesty, integrity, accuracy, et. reduce the size of our military forces and their December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2405 presence overseas, it is imperative that intel- major crisis. First, new investment should be intelligence Center scrutiny applied to other ligenceÐthis Nation's early warning systemÐ dedicated to increasing access to high priority areas of the world. In retrospect, it appears is better than ever in this post-cold-war era. targets including Russia, China, North Korea that this exemption may have contributed to As a combat veteran of World War II, I vividly and the rogue states of the Middle East. We Ames' going undetected so long. Reportedly, remember how an intelligence failure contrib- must not forget that Russia and China pos- this inexplicable anomaly has now been rem- uted to the tragedy at Pearl Harbor in Decem- sess strategic nuclear forces and that their edied. ber 1941. Within the Roosevelt administration long-term political orientation could turn Until recently, there did not appear to be a there were scattered bits of information as to against the United States if hostile leaders coordinated counterintelligence mission for the what the Japanese might be contemplating. were to gain power again in these Government as a whole. Consequently, no But, there was no one pulling together and megastates. Second, a robust investment pro- one determined what priorities and resources analyzing them as part of a coordinated effort gram to counter denial and deception should should be given to each agency. I understand to furnish the President with an intelligence be built to embrace satellite, air, and ground a national counterintelligence strategy has estimate of Japan's intentions. base collection. Such a program must include now been developed. If so, it should include Indeed, it was the painful lesson of Pearl dedicated analysis of, and attention to denial the following: First, a system for identifying Harbor that prompted then President Truman and deception, especially in areas of highest which secrets are truly critical to the national to establish after World War II a centralized in- concern. Third, programmatic and personnel security, second, assessing those secrets' vul- telligence organization. We must, therefore, policies must be formed to ensure the bright- nerability to intelligence threats, third, manda- resist efforts to dismantle or cripple U.S. intel- est talent, with linguistic and cultural expertise, tory cunterintelligence training for all intel- ligence. U.S. intelligence capabilities are criti- is devoted to the most vital issues that affect ligence officers, and fourth, establishing pro- cal instruments of our national power and an U.S. security in the long run, not just to issues fessional counterintelligence services within all integral part of our national security. With that of the moment. appropriate agencies and departments. historical background, I would like to offer COMPETITIVE ANALYSISÐA CARDINAL PRINCIPLE THAT It is my understanding that the DO is with- some observations and recommendations. MUST BE PRESERVED drawing to a large extent from certain parts of THE DOWNSIDE OF DOWNSIZING In this era of restructuring, the temptation the world. Budgetary constraints may make I have been told that the downsizing of the may be irresistible to eliminate perceived this necessary, but it should be very carefully intelligence community's work force has been redundancies within the intelligence commu- watched. We do not want to repeat the mis- especially injurious in key areas. In some nity. That may be necessary in the hardware take of the late 1970's when the CIA withdrew agencies, these reductions have allegedly ex- and collection areas. But, some competitive its presence from key areas of the world only ceeded 80 percent. For example, most of the analysis must be preserved in the analytical to find shortly thereafter that it had to be rein- seasoned Russian military analysts, including realm, especially in areas like strategic nuclear stated. Therefore, the DO must maintain a those performing highly complex analyses on force analysis where threats to the United surge capability to ensure it can rapidly re- strategic missile systems, are reportedly mov- States are potentially the gravest. I know I al- spond to unexpected emergencies. And for ing on or taking early retirement while the re- ways want a second, and in some instances this to be possible, a core network of agents maining talented young analysts are looking even a third opinion, when it comes to ques- must be sustained in those places deemed for other job opportunities that promise more tions of my health. The Nation's well being momentarily quiescent and unimportant to advancement. Meanwhile, the intelligence often pivots around national security issues. U.S. security interests. community is being tasked to address a wider Thus, the President and his key advisors must Recently, there have been disturbing press range of threats and policy needs, especially have a variety of assessments presented to accounts indicating the CIA is considering new in the areas of proliferation, economic com- them before they make critical, life and death screening criteria for recruiting foreign agents. petitiveness, environment, drugs, terrorism, decisions. Moreover, there should be an es- The general impression conveyed is that and humanitarian relief. Currently, warning of tablished procedure and available resources henceforth future foreign assets must have the potential regional crises and providing support for pursuing comprehensive challenges to pedigree of Mother Teresa or St. Francis of to NATO and U.N. forces in the Balkans are mainstream opinion in any analytical area sig- Assisi. Hopefully, these are exaggerated sto- absorbing major resources. These rapidly in- nificant to national security. ries. To expect someone with the moral purity creasing demands do not include the day-to- COMMUNICATIONS TECHNOLOGY of a saint to penetrate the Cali Cartel is wholly day crises that consume additional collection The explosive pace of communication tech- unrealistic. Unfortunately, the harsh reality is and research resources. nology is posing new challenges for the intel- that the only way to infiltrate the tightly con- The upshot is a growing concern that intel- ligence community. Data is moving around the trolled Colombian drug networks is to recruit ligence is being stretched to the breaking world in greater volumes and at faster speeds someone who has ties to them. The same point. This could have serious implications than ever before. Maintaining our advantage in holds true for terrorist cells. We live in an im- downstream. For example, if another Russian understanding secret foreign communications perfect world, and we sometimes must join crisis were to occurÐsuch as Yeltsin's attack will hinge upon preserving a strong and robust forces with individuals with less than pristine on Parliament in 1993Ðthe intelligence com- cryptological capability in the face of rapid personal histories. After all, during World War munity today would be less able to warn of technological advances. I am concerned, how- II, we allied ourselves with Joe Stalin, one of military mobilization. Informed sources claim, ever, about assertions from reliable sources history's all-time mass murderers, to defeat until recently, analysis and collection on the that adequate resources are not being com- Hitler. deception and denial activities of potential ad- mitted to sustaining this capability. In an experiment that bears watching, the versaries had dropped to dangerously low lev- DIRECTORATE OF OPERATIONS (DO)/COUNTER- DI, Directorate of Intelligence, and the DO els. Purportedly, remedial action is underway. INTELLIGENCE have begun to colocate their personnel. In This should be a high priority, as interpreting The incessant battering the CIA, and the other words, the operators and the analysts warnings of attack will become more difficult DO in particular, is receiving in the wake of are working side by side. Given the historical as adversaries improve their denial and de- the Ames case has caused morale in the DO antipathy between these two sharply contrast- ception techniques. We must remember that to plummet to an all-time low. Much of the crit- ing cultures, everyone is watching to see if U.S. intelligence's highest mission is to sup- icism is deserved. Nevertheless, there is a they can work together congenially. If they port U.S. policymakers in identifying and fore- real need to be sensitive to this debilitating can, the overall intelligence effort should bene- stalling threats to U.S. interests worldwide. morale problem as Congress helps the DO fit immeasurably, especially in the area of How to do this in an era of shrinking re- remedy the problems cited in the IG's report counterintelligence whereÐas spy scandals in sources poses real risks and challenges. on the Ames case. I was struck by the serious recent years have demonstratedÐthere has The idea that intelligence can stay abreast lack of managerial accountability with respect been a crying need for better analysis. In this of new technology, add new missions and still to the Ames case. Thus, it is very important partnership, it is crucial that the DI maintain downsize its personnel at a rate of 3 to 5 per- for the congressional intelligence committees rigorous objectivity to preclude charges that in- cent per year is fantasy. Experienced intel- to engage in intensive oversight of what is telligence analysis is being politicized. This ligence hands say downsizing must be slowed being done in the counterintelligence area. As problem can only be avoided through strong overall and halted for high priority needs. At a far back as 1988, I can recall Dick Cheney agency management. minimum intelligence programs should be rein- joining me in questioning the then DCI, Judge COVERT ACTION vigorated in three broad areas to minimize Webster, and others on why the Soviet, Chi- Since the mid-1970's covert action has been risks to U.S. forces and insure our ability to nese, and Cuba sections of the Operations Di- seen as an atypical procedure for the conduct maintain the capability to act effectively in a rectorate were exempted from the Counter- of foreign policy. It is imperative to rebuild the E 2406 CONGRESSIONAL RECORD — Extensions of Remarks December 19, 1995 consensus within the United States that once lated to the question of cooked intelligence, without disclosure of the classified evidence. saw covert action as a regular, legitimate the Director of Central Intelligence [DCI] must The liberty interests of the alien are signifi- means of bolstering the realization of foreign not be viewed as essentially a political opera- cantly less than those of a criminal defendant, policy objectives. It must not be seen, nor tive. Clearly, it is beneficial to the intelligence and the national security interests of the Unit- used, as a last resort, panacea, or substitute community if the DCI has the President's con- ed States must be superior to the interests of for policy. Rather, covert action should be em- fidence, but he or she should not be a policy any noncitizen. ployed as a normal tool of U.S. statecraft, de- maker, as are Cabinet members. Rather, he In criminal cases, the defendant stands to signed to work in support of and in conjunction or she should be the President's ultimate intel- be punishedÐto lose either his life or his free- with government's other diplomatic, military, ligence advisor. In short, there must be a fire- dom for a period of time. The result of a de- and economic efforts both against traditional wall erected between intelligence and policy portation is simply explusion from the United and nontraditional targets. which often is driven by political consider- StatesÐto continue one's life freely and CONGRESSIONAL OVERSIGHT OF INTELLIGENCE ations. unencumbered, elsewhere. To Americans, life ACTIVITIES INTELLIGENCE SUPPORT TO LAW ENFORCEMENT outside the United States may seem oppres- Congress obviously must play a very sub- As chairman of the House Judiciary Com- sive, or certainly less than optimal; but, it is stantial role in any proposal to restructure and mittee, I am cognizant of the significant role not punishment. oversee the U.S. intelligence community. In intelligence plays in supporting law enforce- A greater tension exists, however, when the this regard, I first introduced a joint intelligence ment efforts. I am also very much aware of United States is faced with a classified allega- committee bill in 1984 and a congressional the tension that often develops between intel- tion that a legal permanent resident alien is oath of secrecy proposal in 1987 that was in- ligence and law enforcement officials as to engaging in terrorist activities, and a declas- spired by a similar oath taken by Ben Franklin how and when intelligence can be used. sified summary cannot be provided without and four other members on the Committee of Protecting sources and methods is the tran- creating larger risks of harm to others or to the Secret Correspondence of the Second Con- scendent concern of every intelligence officer. United States. These aliens, as recognized by tinental Congress. The latter has now been Prosecutors, however, are looking for informa- the Supreme Court, have a greater liberty in- adopted in the House, thanks to the efforts of tion that can be used at trial. If security rea- terest in remaining in the United States than one of my congressional colleagues, PORTER sons preclude the use of relevant intelligence, do other nonpermanent aliens. Thus, addi- GOSS of Florida. then the prosecutor is left with something that tional procedures to safeguard the accuracy of What prompted these confidence building is, at best, of marginal utility. Moreover, con- the outcome, and the fairness of the proce- measures was a desire to make congressional stitutional standards of due process and the dure, must be established. To that end, in our oversight more secure and effective. That can right to confront one's accusers further com- antiterrorism bill, we established a special only be accomplished if the membership of the plicate the relationship between the intel- panel of cleared attorneys who will be given congressional panels trust the intelligence ligence community and law enforcement. access to the classified information supporting agencies and vice versa. If they trust each Prosecutors are constitutionally bound, in a the terrorism allegation so that they can chal- other, then both sides can be candid with criminal trial, to provide all exculpatory evi- lenge the reliability of that evidence. This is each other. As former advisor to President Ei- dence and any other evidence that might tend done to help the court in its determination of senhower, Bryce Harlow, reportedly once said, to diminish the government witnesses' credibil- whether it should ultimately order the alien's ``Trust is the coin of the realm.'' Leaks destroy ity. Any information given to law enforcement deportation based on the classified informa- that trust and do great damage to the whole by the intelligence community is subject to dis- tion. The cleared attorney would be subject to oversight process. Moreover, they can jeop- closure, for these very reasons. The Classified a 10-year prison term for disclosure of the ardize lives, as well as vital relationships with Information Procedures Act [CIPA] model classified information. Hopefully, this new pro- foreign agents and friendly intelligence serv- works quite well for criminal cases coun- cedure, when enacted, will facilitate greater ices. tenancing the government's Hobson's choice sharing of classified information between our A joint intelligence committee, composed of between prosecution for criminal misdeeds intelligence and law enforcement officials, a small number of key Members from both and the protection of sources and methods of without unduly risking disclosure of sensitive Chambers of Congress, would substantially re- confidential national security information. In information. duce the risks of leaks. The fewer people in that context, the difficult choice is rightfully In summary, the world remains a treach- the loop, the less likelihood of damaging dis- upon the government. But, in nonpunitive cir- erous place in this post-cold-war era. The in- closures. Our forefathers clearly recognized cumstances, such as with deportation of indi- creasing threat of terrorism, especially against this fact of life as they limited knowledge of viduals shown through classified information to U.S. targets both home and abroad, is just Revolutionary War secrets to only five Mem- be a threat to the national security if they re- one very important reason for maintaining a bers. Moreover, each of those individuals took main in the country, the same tension exists robust intelligence capability around the world. his oath of secrecy very seriously. None other under current law. To do less ignores the lessons of Pearl Har- than Thomas Paine, the author of ``Common How to reconcile the competing needs and bor, and all that implies for the security of this Sense,'' was fired as a staffer of the Secret concerns in a deportation matter is a real chal- great nation. Correspondence Committee for leaking infor- lenge and one I have attempted to address in f mation concerning France's covert help to our the ``Comprehensive Antiterrorism Act of Revolutionary War effort. We should not hesi- 1995'' (H.R. 1710). In that bill, we address the THANKS TO MAYOR WILLIAM tate to emulate our forefathers and punish frustrating situation where the intelligence LYON those who violate their secrecy pledges and community has identified an alien as engaging betray the trust bestowed upon them. in terrorist activities while in the United States, HON. JAY DICKEY INTELLIGENCE PURITY but because of the current deportation laws, OF ARKANSAS Periodically during my tenure on the House we cannot expel the alien from the United IN THE HOUSE OF REPRESENTATIVES Intelligence Committee, there were assertions States without disclosing sensitive informa- Tuesday, December 19, 1995 that intelligence assessments were cooked to tionÐwhich could jeopardize lives and the se- buttress certain foreign policy objectives. Im- curity of this Nation. Mr. DICKEY. Mr. Speaker, when the Gov- munizing the integrity of intelligence is of para- In response to this dilemma, a procedure ernment shut down the first time this year, all mount importance. Thus, I am opposed to any has been developed whereby the alien would of us heard from our constituents about the ef- measures that would even smack of tainting get only a declassified summary of the classi- fects upon them. Let me take this opportunity objective intelligence. In this connection, two fied evidence against him. All other non-classi- to recognize a local hero in my district who re- things come to mind. First, is the proposal to fied evidence is, of course, discoverable. sponded to the shutdown with swift profes- abolish the CIA and fold its functions into the Unlike CIPA cases, when a situation exists sionalism. Department of State. That is a recipe for cook- where the provision of a summary to the alien Knowing the shutdown would affect hunters ing intelligence if I ever saw one. Inevitably, would risk irreparable and significant harm to in the region by keeping them from hunting in there will come a time when the diplomats will others, or to the United States, no summary is the Felsenthal Wildlife Refuge, Mayor William pressure their intelligence colleagues down required and the deportation procedure of the Lyon of Fordycek, AK, responded with swift the hall to color an intelligence assessment to terrorist alien can proceed. The classified evi- professionalism. justify a foreign policy initiative. Moreover, the dence, without disclosure to the alien, can be A November 18, 1995, article from the Ar- more controversial the policy, the greater the utilized. Because this is not a criminal case, kansas Democrat-Gazette highlights well the risk of politicized intelligence. Second, and re- we allow the Government action to proceed work of Mayor Lyons: December 19, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2407 TAKE A STAND NEAR FORDYCE, HUNTERS TOLD Street Journal on December 19, 1995. As the penditure. The Republican plan brakes pro- Need a place to hunt after being tossed out debate over Medicare intensifies, I commend jected spending growth on hospitals, doctors, of your stand on a federal wildlife refuge? Ms. Bailey's op-ed to my colleagues: home health providers, nursing homes, lab Mayor William Lyon of Fordyce has just SEVEN DOLLARS OF SEPARATION tests, and medical equipment. And it asks re- the place for you. tirees—America’s wealthiest age group—to Call Fordyce City Hall at 352–2198 and a (By Pamela G. Bailey) friendly employee will arrange for you to The Medicare debate reached a new low make their own, modest contribution, in the hunt at one of the many deer camps operat- last week, if such a thing is any longer pos- national interest, to the program that bene- ing in Dallas County. There’s no charge for sible, as the AFL-CIO uncorked a giant fits them alone. How modest? In the year the service. media and grassroots campaign to attack 55 2002, at the point where the two competing Lyon said Friday there are an estimated House members who support the Republican Medicare proposals most sharply diverge, 1,000 deer camps within 50 miles of Fordyce. on Draconian GOP ‘‘cuts’’ in Medicare and Congress would have beneficiaries pay a ‘‘I read in the Democrat-Gazette about suggest that there is a huge difference be- monthly Part B premium $7 higher than the what they had done to those people,’’ Lyon tween the Republican plan and the one sup- administration plan envisions. said of an article in Wednesday’s newspaper ported by President Clinton. about hunters being told to leave the federal What you would never guess from the AFL- This is a very small amount of money with refuges. ‘‘I thought how I would feel if I was CIO campaign is that the division between very large potential consequences. If the a teen-ager going hunting with my father. I the two sides comes down to roughly $7 a president’s current veto holds, and Medi- thought about how my grandsons would month in Medicare premiums. Combined care’s structure is left unreformed, its Board feel.’’ with other reforms, the higher premium for of Trustees reports that a steep payroll tax The partial shutdown of the federal gov- seniors proposed by Republicans will save to- ernment has resulted in the closings of seven day’s average seven-year-old more than increase will be required to pay for future national wildlife refuge in the state and the $140,000 in income taxes over the course of medical services. The current rate, 2.9%, displacement of many hunters. this working life. Congress wants to protect shared evenly between employees and their Lyons said he knows most of the people our children from this additional tax hit— companies, will necessarily more than dou- running deer camps in the county and can after all, they’ll already be paying $300,000 in ble. easily put hunters in touch with them. Medicare payroll taxes over their lifetime. It’s probably going to create some prob- Today’s first or second-grader, who enters But the president is willing to trade these lems with a lot of moving around, but we are taxes on our children for a $7-per-month the labor force in 2010 at age 22, and earns willing to help,’’ Lyon said. It’s possible we break for seniors. average wages until retiring in 2053, will pay might find some good people that would like Despite this superficial difference, the $450,314 over his working lifetime in Medi- to come back and pull some industries down president’s new budget has moved to a near care payroll taxes. And by the same account- here.’’ Joe Pennington, 55 of Fordyce leases land embrace of the Republican position on Medi- ing assuming revenues needed to keep Medi- for his deer camp and said he mainly hunts care. Like the Republicans, Mr. Clinton care in long-term balance, this hypothetical within a five-mile radius of town. wants to open a failed government program worker will pay over $200,000 more in life- ‘‘There’s not room for a whole abundance to the choices of the marketplace. And with time payroll and income taxes under the notable exceptions, his overall budget num- of people,’’ he said. ‘‘But I have some spots president’s plan—taxes that are unnecessary bers are within talking distance of the where I can put a few people. There are a few under the Medicare reform endorsed by Con- others that will take a few for a day or two. GOP’s. It couldn’t have come a moment too ‘‘It’s a goodwill gesture,’’ Pennington said. soon. gress. More than two-thirds of this tax dif- ‘‘Most sportsmen try to get along.’’ As most people have heard, Medicare Part ference, or $140,691, is directly attributable ‘‘We think it’s very generous what the A—the mandatory, payroll-tax-funded pro- to that $7 monthly Part B premium increase. mayor has done,’’ said Joe Mosby, spokes- gram that pays insurance costs for retirees’ Undeterred by these undeniable facts, the man for the Arkansas Game and Fish Com- hospital, home health, nursing and hospice AFL-CIO is sending a million pieces of mail mission. ‘‘We’re tickled to death by it.’’ services—is hurtling toward insolvency and Mosby said the closing of federal refugees effective shutdown by 2002. And costs for into the districts of its 55 targeted congress- will not affect the majority of hunters in the Medicare Part B—the voluntary insurance men, placing 500,000 phone calls, handing out state. ‘‘But the refuges are very popular,’’ he program that pays doctor, lab, and equip- leaflets and staging rallies—all designed to said. ‘‘Those hunters have a real good chance ment fees out of general federal revenues and punish these elected officials for approving of getting a deer in the refuges.’’ beneficiary premiums—have been rising far fictitious ‘‘massive cuts in Medicare’’ when Lyon said his offer is a result of local offi- faster than the rate of inflation for many they voted for the Republican budget. The cials trying to build on the momentum of years. In its present form, Medicare is quite labor federation has spent more than $1 mil- their successful Fall Hunting Festival, held simply unsustainable, either for the tax- Oct. 27. Fordyce Chamber of Commerce lion to put individualized television ads on payers who finance it or for the elderly the air against 22 of these House members. President Jim Philips, County Judge Troy Americans who depend on it. Not much con- Each spot, over video of a worried elderly Bradley and Lyon have been meeting to dis- troversy there. And neither, despite all the cuss ways to promote Fordyce as ‘‘the Hunt- political noise, is there much controversy woman, ominously (and dishonestly) reports ing Capital of Arkansas,’’ Lyon said. over what to do about it. that ‘‘he voted to cut Medicare.’’ But no one For this effort, we congratulate and honor Congress’s plan to preserve Medicare and has voted to cut Medicare this year. Mayor Lyons. Perhaps many of us in Con- restrain its costs involves $1.65 trillion in With a provision entirely unrelated to the gress can learn from his dedication and ability spending over the next seven years. The push for a balanced budget—this treasured president’s current plan forecasts $1.68 tril- to ensureÐdespite bureaucratic obstaclesÐ program must be fixed and saved whether that our constituents are well-served. lion in spending during the same period—a $30 billion, or less than 2%, difference. Both the budget is balanced or not—Congress has f proposals involve better-than-inflation in- voted to spare the grandchildren of current and future Medicare beneficiaries enough MEDICARE REFORM crease in Medicare spending on every en- rolled retiree; the Republican budget allows money in taxes to pay for four expensive a 62% jump in total spending (to $7,101 per years of college, or purchase a first home. Is HON. J. DENNIS HASTERT beneficiary per year), for example. And there a grandparent in America who would OF ILLINOIS where the basic structure of the program is not pay $7 a month for that? IN THE HOUSE OF REPRESENTATIVES concerned, the White House and congres- Find me one, and I’ll eat my hat. Tuesday, December 19, 1995 sional budgets mirror one another in nearly every essential respect. Except one. Mr. HASTERT. Mr. Speaker, the following Congress spreads its necessary Medicare op-ed by Pamela G. Bailey ran in the Wall savings across every category of program ex- Tuesday, December 19, 1995 Daily Digest

HIGHLIGHTS Senate agreed to DOD Authorizations Conference Report. Senate S. 1388, to designate the United States courthouse Chamber Action located at 800 Market Street in Knoxville, Ten- Routine Proceedings, pages S18835–S18933 nessee, as the ‘‘Howard H. Baker, Jr. United States Measures Introduced: One bill and two resolutions Courthouse’’. Page S18919 were introduced, as follows: S. 1485, and S. Res. Passage Vitiated: 199 and 200. Pages S18919±20 Export Sanctions: Senate vitiated passage of S. Measures Reported: Reports were made as follows: 1228, to impose sanctions on foreign persons export- S. 1196, to transfer certain National Forest System ing petroleum products, natural gas, or related tech- lands adjacent to the townsite of Cuprum, Idaho. (S. nology to Iran, and the bill was returned to the Sen- Rept. No. 104–189) ate calendar. Page S18835 S. 426, to authorize the Alpha Phi Alpha Frater- National Defense Authorizations Act—Con- nity to establish a memorial to Martin Luther King, ference Report: By 51 yeas to 43 nays (Vote No. Jr., in the District of Columbia. (S. Rept. No. 608), Senate agreed to the conference report on H.R. 104–190) 1530, to authorize appropriations for fiscal year 1996 S. Res. 199, directing the Senate Legal Counsel to for military activities of the Department of Defense, bring a civil action to enforce a subpoena of the Spe- for military construction, and for defense activities of cial Committee to Investigate Whitewater Develop- the Department of Energy, and to prescribe person- ment Corporation and Related Matters to William nel strengths for such fiscal year for the Armed H. Kennedy, III. (S. Rept. No. 104–191) Forces, clearing the measure for the President. S. 884, to designate certain public lands in the Pages S18835±S18902, S18904±05 State of Utah as wilderness, with an amendment in Labor/HHS/Education Appropriations, 1996: A the nature of a substitute. (S. Rept. No. 104–192) unanimous-consent agreement was reached providing S. 1180, to amend title XIX of the Public Health for the cloture vote on a motion to proceed to the Service Act to provide for health performance part- consideration of H.R. 2127, making appropriations nerships, with an amendment in the nature of a sub- for the Departments of Labor, Health and Human stitute. (S. Rept. No. 104–193) Services, and Education, and related agencies, for the H.R. 965, to designate the Federal building lo- fiscal year ending September 30, 1996, to occur on cated at 600 Martin Luther King, Jr. Place in Louis- Wednesday, December 20, 1995. Page S18931 ville, Kentucky, as the ‘‘Romano L. Mazzoli Federal Building’’. Subpoena Enforcement—Agreement: A unani- H.R. 1253, to rename the San Francisco Bay Na- mous-consent agreement was reached providing for tional Wildlife Refuge as the Don Edwards San the consideration of S. Res. 199, directing the Senate Francisco Bay National Wildlife Refuge. Legal Counsel to bring a civil action to enforce a S. 776, to reauthorize the Atlantic Striped Bass subpoena of the Special Committee to Investigate Conservation Act and the Anadromous Fish Con- the Whitewater Development Corporation, on servation Act. Wednesday, December 20, 1995. Pages S18920±21 S. 1315, to designate the Federal Triangle Project Nominations Received: Senate received the follow- under construction at 14th Street and Pennsylvania ing nominations: Avenue, Northwest, in the District of Columbia, as Speight Jenkins, of Washington, to be a Member the ‘‘Ronald Reagan Building and International of the National Council on the Arts for a term ex- Trade Center’’. piring September 3, 2000. D 1487 D 1488 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 1995

Mary Ann Vial Lemmon, of Louisiana, to be Unit- S. 1315, to designate the Federal Triangle Project ed States District Judge for the Eastern District of under construction at 14th Street and Pennsylvania Louisiana. Avenue, Northwest, in the District of Columbia, as Michael D. Schattman, of Texas, to be United the ‘‘Ronald Reagan Building and International States District Judge for the Northern District of Trade Center’’; Texas. Page S18933 S. 1388, to designate the United States courthouse Messages From the House: Pages S18917±18 located at 800 Market Street in Knoxville, Ten- nessee, as the ‘‘Howard H. Baker, Jr. United States Measures Referred: Page S18918 Courthouse’’; Measures Read First Time: Page S18918 H.R. 965, to designate the Federal building lo- Communications: Page S18918 cated at 600 Martin Luther King, Jr. Place in Louis- Petitions: Pages S18918±19 ville, Kentucky, as the ‘‘Romano L. Mazzoli Federal Building’’; Executive Reports of Committees: Page S18919 H.R. 1253, to rename the San Francisco Bay Na- Statements on Introduced Bills: Page S18920 tional Wildlife Refuge as the Don Edwards San Additional Cosponsors: Page S18920 Francisco Bay National Wildlife Refuge; H.R. 2005, to direct the Secretary of the Interior Authority for Committees: Page S18922 to make technical corrections in maps relating to the Additional Statements: Pages S18922±31 Coastal Barrier Resources System; and Record Votes: One record vote was taken today. S. 1406, to authorize the Secretary of the Army (Total–608) Pages S18904±05 to convey to the city of Eufaula, Oklahoma, a parcel Adjournment: Senate convened at 9:30 a.m., and of land located at the Eufaula Lake project. adjourned at 8:08 p.m., until 10 a.m., on Wednes- day, December 20, 1995. (For Senate’s program, see NOMINATIONS the remarks of the Acting Majority Leader in today’s Committee on the Judiciary: Committee held hearings Record on pages S18932–33.) on the nominations of William A. Fletcher, of Cali- fornia, to be United States Circuit Judge for the Committee Meetings Ninth Circuit, Bernice B. Donald, to be United States District Judge for the Western District of (Committees not listed did not meet) Tennessee, Barbara S. Jones and Jed S. Rakoff, each BOSNIA to be a United States District Judge for the Southern District of New York, Joan A. Lenard, to be United Committee on Appropriations: Subcommittee on Foreign States District Judge for the Southern District of Operations held hearings to examine the impact of Florida, and C. Lynwood Smith, to be United States United States participation in the economic recon- District Judge for the Northern District of Alabama. struction of Bosnia, receiving testimony from Rich- Mr. Fletcher was introduced by Senator Feinstein, ard C. Holbrooke, Assistant Secretary of State for Ms. Donald was introduced by Senators Thompson European and Canadian Affairs; and J. Brian At- and Frist, and Ms. Lenard was introduced by Sen- wood, Administrator, Agency for International De- ators Mack and Graham. velopment. Subcommittee recessed subject to call. TEEN DRUG USE BUSINESS MEETING Committee on the Judiciary: Committee concluded Committee on Environment and Public Works: Commit- hearings to examine recent trends in drug use among tee ordered favorably reported the following bills: American youth, focusing on prevention and treat- S. 776, authorizing funds for fiscal years 1995 ment programs, after receiving testimony from Lloyd through 1998 for programs of the Atlantic Striped D. Johnston, University of Michigan, Ann Arbor; Bass Conservation Act and provisions of the Anad- James Alan Fox, Northeastern University, Boston, romous Fish Conservation Act relating to Atlantic Massachusetts; James N. Hall, Up Front Drug Infor- striped bass research; mation Center, Miami, Florida; James E. Burke, S. 1005, to improve the process of constructing, Partnership for a Drug-Free America, and Duane altering, purchasing, and acquiring public buildings, Garcia, both of New York, New York; and Tod with an amendment in the nature of a substitute; Hedrick, Greenwich, Connecticut. December 19, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1489 House of Representatives H.R. 1655, to authorize appropriations for fiscal year Chamber Action 1996 for intelligence and intelligence-related activi- Bills Introduced: 5 public bills, H.R. 2808–2812; ties of the United States Government, the Commu- and 6 resolutions, H. Con. Res. 123, and H. Res. nity Management Account, and the Central Intel- 311–315 were introduced. Pages H15135±36 ligence Agency Retirement and Disability System. Reports Filed: Reports were filed as follows: Page H15130 H. Res. 312, waiving points of order against the Budget Proposal: By a yea-and-nay vote of 412 conference report on H.R. 2539, to amend subtitle nays, with 5 voting ‘‘present,’’ Roll No. 869, the IV of title 49, United States Code, to reform eco- House failed to agree to H. Con. Res. 122, setting nomic regulation of transportation (H. Rept. forth the congressional budget for the United States 104–426); and Government for the fiscal years 1996, 1997, 1998, H. Res. 313, providing for the consideration of 1999, 2000, 2001, and 2002. H.R. 558, to grant the consent of the Congress to Pages H15130±34 (continued next issue) the Texas Low-Level Radioactive Waste Disposal H. Res. 309, the rule under which the concurrent Compact (H. Rept. 104–427). Page H15135 resolution was considered, was agreed to earlier by a Private Calendar: On the call of the Private Cal- recorded vote of 229 ayes to 189 noes, Roll No. endar, the House sent to the Senate without amend- 868. Agreed to order the previous question on the ment the following measures: H.R. 418, H.R. 419, resolution by a yea-and-nay vote of 230 yeas to 188 and H.R. 1315, all private bills. Page H15096 nays, Roll No. 867. Pages H15116±29 Suspensions: House voted to suspend the rules and Presidential Veto Messages: Agreed to a unani- pass the following measures: mous-consent request that, if the Chair lays before Burma and the U.N. General Assembly: H. Res. 274, the House today a veto message from the President amended, concerning Burma and the United Nations on H.R. 2076, making appropriations for the De- General Assembly; Pages H15104±06 partments of Commerce, Justice, and State, the Judi- Middle East peace facilitation: H.R. 2808, to extend ciary, and related agencies for the fiscal year ending authorities under the Middle East Peace Facilitation September 30, 1996, the objections of the President Act of 1994 until March 31, 1996; Pages H15106±07 be spread at large upon the Journal of the House Export-Import Bank tied-aid program: H.R. 2203, and that the message and the bill be ordered printed amended, to reauthorize the tied-aid credit program as a House document and that consideration of the of the Export-Import Bank of the United States, and veto message be postponed until tomorrow; and to allow the Export-Import Bank to conduct a dem- (See next issue.) onstration project; Pages H15107±08 Agreed to a unanimous consent request that, if Smithsonian sesquicentennial: H.R. 2627, amended, the Chair lays before the House today a veto message to require the Secretary of the Treasury to mint from the President on H.R. 1058, to reform Federal coins in commemoration of the sesquicentennial of securities legislation, the objections of the President the founding of the Smithsonian Institution; be spread at large upon the Journal and that the Pages H15108±11 message and bill be ordered printed as a House doc- Provisional approval of House employee regulations: H. ument and that consideration of the veto message be Res. 311, to provide for the provisional approval of postponed until tomorrow. (See next issue.) regulations applicable to the House of Representa- Suspensions: House voted to suspend the rules and tives and employees of the House of Representatives pass the following measures: and to be issued by the Office of Compliance before Provisional approval of regulations regarding joint con- January 23, 1996; and Pages H15111±16 gressional employees: H. Con. Res. 123, to provide for Expo ’98: H. Con. Res. 91, expressing the sense the provisional approval of regulations applicable to of the Congress that the United States should par- certain covered employing offices and covered em- ticipate in Expo ’98 in Lisbon, Portugal. Subse- ployees and to be issued by the Office of Compliance quently, S. Con. Res. 22, a similar Senate-passed before January 23, 1996; (See next issue.) measure, was agreed to in lieu—clearing the meas- Days of Remembrance: H. Con. Res. 106, amended, ure. H. Con. Res. 91 was laid on the table. permitting the use of the rotunda of the Capitol for Pages H15103±04 a ceremony to commemorate the days of remem- Late Report: Conferees received permission to have brance of victims of the Holocaust. Agreed to amend until midnight tonight to file a conference report on the title; (See next issue.) D 1490 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 1995 Charles J. Coyle Post Office Building: H.R. 1398, to of 1995; H.R. 1527, amended, to amend the Na- designate the United States Post Office building lo- tional Forest Ski Area Permit Act of 1986 to clarify cated at 1203 Lemay Ferry Road, St. Louis, Mis- the authorities and duties of the Secretary of Agri- souri, as the ‘‘Charles J. Coyle Post Office Building’’; culture in issuing ski area permits on National For- (See next issue.) est System lands and to withdraw lands within ski Edward Madigan Post Office Building: H.R. 1880 to area permit boundaries from the operation of the designate the United States Post Office building lo- mining and mineral leasing laws; and H.R. 2464, to cated at 102 South McLean, Lincoln, Illinois, as the amend Public Law 103–93 to provide additional ‘‘Edward Madigan Post Office Building’’; lands within the State of Utah for the Goshute In- (See next issue.) dian Reservation. Holk Post Office Building: H.R. 2262, to designate the United States Post Office building located at OVERSIGHT—SOUTHERN SALVAGE 218 North Alston Street in Foley, Alabama, as the TIMBER AND FOREST HEALTH ‘‘Holk Post Office Building’’; (See next issue.) Committee on Resources: Salvage Timber and Forest Charles A. Hayes Post Office Building: H.R. 2704, Health Task Force held an oversight hearing on Sal- amended, to provide that the United States Post Of- vage Timber and Forest Health focusing on Southern fice building that is to be located on the 2600 block Salvage and Forest Health Issues. Testimony was of East 75th Street in Chicago, Illinois, shall be heard from Representatives Herger, Furse, and known and designated as the ‘‘Charles A. Hayes Post Riggs; Robert Joslin, Regional Forester, Southern Office Building’’; Agreed to amend the title; and Region, Forest Service, USDA; and public witnesses. (See next issue.) Farm credit system relief: H.R. 2029, amended, to TEXAS LOW-LEVEL RADIOACTIVE WASTE amend the Farm Credit Act of 1971 to provide reg- DISPOSAL COMPACT ulatory relief. Agreed to amend the title. (See next issue.) Committee on Rules: Granted an open rule providing one hour of general debate on H.R. 558, to grant Presidential Veto Message—Commerce, Justice, the consent of the Congress to the Texas Low-Level State, the Judiciary: Read a message from the Radioactive Waste Disposal Compact. The rule ac- President wherein he announces his veto of H.R. cords priority in recognition to those Members who 2076, making appropriations for the Departments of have pre-printed their amendments in the Congres- Commerce, Justice, and State, the Judiciary, and re- sional Record. Finally, the rule provides one motion lated agencies for the fiscal year ending September to recommit, with or without instructions. Testi- 30, 1996, and explains his reasons therefor—ordered mony was heard from Representative Schaefer. printed (H. Doc. 104–149) (See next issue.) Referral: One Senate-passed measure was referred to ICC ELIMINATION the appropriate House committee. Page H15134 Committee on Rules: Granted a rule waiving all points Senate Messages: Messages received from the Senate of order against the conference report on H.R. 2539, appear on page H15096. to abolish the Interstate Commerce Commission, and Quorum Calls—Votes: Two yea-and-nay votes and to amend subtitle IV of title 49, United States, one recorded vote developed during the proceedings Code, to reform economic regulation of transpor- of the House today and appear on pages tation. Testimony was heard from Chairman Shuster H15128–29, H15129 (continued next issue). and Representatives Molinari and Oberstar. Adjournment: Met at 9 a.m. and adjourned at FUTURE OF TECHNOLOGY—IC 10:45 p.m. Permanent Select Committee on Intelligence: Continued hearings on IC21: The Intelligence Community in Committee Meetings the 21st Century. Testimony was heard from John MISCELLANEOUS MEASURES M. Deutch, Director, CIA. Committee on Resources: Subcommittee on National f Parks, Forests and Lands approved for full Commit- tee action the following bills: H.R. 1129, amended, NEW PUBLIC LAWS to amend the National Trails Systems Act to des- (For last listing of Public Laws, see DAILY DIGEST p. D1444) ignate the route from Selma to Montgomery as a H.R. 2204, to extend and reauthorize the Defense National Historic Trail; H.R. 2107, amended, Visi- Production Act of 1950. Signed December 18, 1995. tor Services Improvement and Outdoor Legacy Act (P.L. 104–64) December 19, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1491 BILLS VETOED tain Presidio properties at minimal cost to the Federal H.R. 2076, making appropriations for the Depart- taxpayer, 9:30 a.m., SD–366. Committee on the Judiciary, business meeting, to consider ments of Commerce, Justice, and State, the Judici- pending calendar business, 10 a.m., SD–226. ary, and related agencies for the fiscal year ending September 30, 1996. Vetoed December 19, 1995. House f Committee on Standards of Official Conduct, executive, to COMMITTEE MEETINGS FOR consider pending business, 10 a.m., HT–2M Capitol. WEDNESDAY, DECEMBER 20, 1995 (Committee meetings are open unless otherwise indicated) Senate Committee on Energy and Natural Resources, to hold hear- ings on S. 594, to provide for the administration of cer- D 1492 CONGRESSIONAL RECORD — DAILY DIGEST December 19, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, December 20 10 a.m., Wednesday, December 20

Senate Chamber House Chamber Program for Wednesday: Senate will consider S. Res. Program for Wednesday: Consideration of conference 199, directing the Senate Legal Counsel to bring a civil report on H.R. 2539, ICC Elimination Reform; action to enforce a subpoena of the Special Committee To Consideration of H.R. 558, Texas Low-Level Waste; Investigate the Whitewater Development Corporation. and Senate will also resume consideration of the motion to Consideration of the further vetoes of H.R. 2076, proceed to consideration of H.R. 2127, Labor/HHS/Edu- Commerce, State, Justice, the Judiciary appropriations for cation Appropriations, 1996, with a cloture vote sched- fiscal year 1996; and H.R. 1058, Federal Securities Liti- uled to occur thereon. gation Reform.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2392, E2398 Roemer, Tim, Ind., E2403 Gilman, Benjamin A., N.Y., E2399 Ros-Lehtinen, Ileana, Fla., E2404 Boehner, John A., Ohio, E2392 Hamilton, Lee H., Ind., E2397 Roth, Toby, Wis., E2395 Brown, George E., Jr., Calif., E2401 Hastert, J. Dennis, Ill., E2407 Saxton, Jim, N.J., E2385 Chrysler, Dick, Mich., E2404 Hilliard, Earl F., Ala., E2403 Scarborough, Joe, Fla., E2394 Clay, William (Bill), Mo., E2388 Hyde, Henry J., Ill., E2404 Schumer, Charles E., N.Y., E2403 Coleman, Ronald D., Tex., E2398 Johnson, Nancy L., Conn., E2389 Shaw, E. Clay, Jr., Fla., E2388 Collins, Barbara-Rose, Mich., E2400 Kennelly, Barbara B., Conn., E2398 Smith, Christopher H., N.J., E2393 Danner, Pat, Mo., E2400 Kolbe, Jim, Ariz., E2402 Solomon, Gerald B.H., N.Y., E2392 Dickey, Jay, Ark., E2406 Lincoln, Blanche Lambert, Ariz., E2401 Stark, Fortney Pete, Calif., E2389, E2400 Engel, Eliot L., N.Y., E2397 Maloney, Carolyn B., N.Y., E2388 Vela´ zquez, Nydia M., N.Y., E2400 Farr, Sam, Calif., E2402 Oberstar, James L., Minn., E2389 Ward, Mike, Ky., E2391 Filner, Bob, Calif., E2388 Oxley, Michael G., Ohio, E2402 Weller, Jerry, Ill., E2401 Frank, Barney, Mass., E2391 Pastor, Ed, Ariz., E2389, E2404 Wolf, Frank R., Va., E2390 Franks, Bob, N.J., E2395 Riggs, Frank, Calif., E2394

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