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

Vol. 142 WASHINGTON, FRIDAY, JANUARY 26, 1996 No. 11 House of Representatives

The House met at 12 noon and was COBLE] come forward and lead the rule be dispensed with on Wednesday called to order by the Speaker pro tem- House in the Pledge of Allegiance. next. pore [Mr. BARRETT of Nebraska]. Mr. COBLE led the Pledge of Alle- The SPEAKER pro tempore. Is there f giance as follows: objection to the request of the gen- tleman from North Carolina? DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- There was no objection. PRO TEMPORE lic for which it stands, one nation under God, f The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. fore the House the following commu- f AUTHORIZING THE SPEAKER TO nication from the Speaker: DECLARE A RECESS ON THURS- DESIGNATION OF THE HONORABLE WASHINGTON, DC, DAY, FEBRUARY 1, 1996, FOR THE January 26, 1996. PORTER J. GOSS TO ACT AS PURPOSE OF RECEIVING IN I hereby designate the Honorable BILL SPEAKER PRO TEMPORE TO JOINT MEETING HIS EXCEL- BARRETT to act as Speaker pro tempore on SIGN ENROLLED BILLS AND LENCY JACQUES CHIRAC, PRESI- this day. JOINT RESOLUTIONS THROUGH DENT OF FRANCE NEWT GINGRICH, JANUARY 30, 1996 Speaker of the House of Representatives. Mr. COBLE. Mr. Speaker, I ask unan- f The SPEAKER pro tempore laid be- imous consent that it may be in order fore the House the following commu- at any time on Thursday, February 1, PRAYER nication from the Speaker: 1996, for the Speaker to declare a re- The Chaplain, Rev. James David WASHINGTON, DC, cess, subject to the call of the Chair, Ford, D.D., offered the following pray- January 25, 1996. for the purpose of receiving in joint I hereby designate the Honorable PORTER er: meeting His Excellency Jacques J. GOSS to act as Speaker pro tempore to We look to the days ahead with Chirac, President of France. grateful recognition of the opportuni- sign enrolled bills and joint resolutions through Tuesday, January 30, 1996. The SPEAKER pro tempore. Is there ties before us and before all people. NEWT GINGRICH, objection to the request of the gen- May Your spirit, O God, lead us to see Speaker of the House of Representatives. tleman from North Carolina? that which is integral in our lives so The SPEAKER pro tempore. Without There was no objection. that we can act on the substance of liv- objection, the designation is approved. f ing and not focus on the insignificant There was no objection. or superficial. We know, gracious God, FEDERAL TOBACCO POLICY that You have called us to do great f (Mr. COBLE asked and was given per- works, You command us to seek justice ADJOURNMENT TO TUESDAY, mission to address the House for 1 and mercy and to promote peace and JANUARY 30, 1996 minute and to revise and extend his re- freedom, and so we ask that with alle- Mr. COBLE. Mr. Speaker, I ask unan- marks and include extraneous mate- giance and devotion we will think and imous consent that when the House ad- rial.) do and be the people You would have us journs today it adjourn to meet at 12:30 Mr. COBLE. Mr. Speaker, this week be. In Your name, we pray. Amen. p.m. on Tuesday, January 30, 1996, for during the State of the Union Address, f morning hour debates. the President remarked that the era of JOURNAL The SPEAKER pro tempore. Is there big government is over; however, it The SPEAKER pro tempore. The objection to the request of the gen- seems that some agencies within the Chair has examined the Journal of the tleman from North Carolina? Department of Health and Human last day’s proceedings and announces There was no objection. Services [HHS] are under the impres- to the House his approval thereof. f sion that it is business as usual, espe- Pursuant to clause 1, rule I, the Jour- cially when it concerns tobacco prod- DISPENSING WITH CALENDAR nal stands approved. ucts. WEDNESDAY BUSINESS ON f In 1992, Congress tasked HHS with WEDNESDAY NEXT implementing the Synar amendment PLEDGE OF ALLEGIANCE Mr. COBLE. Mr. Speaker, I ask unan- designed to keep tobacco out of the The SPEAKER pro tempore. Will the imous consent that the business in hands of our children. This new con- gentleman from North Carolina [Mr. order under the Calendar Wednesday gressional policy is simple: Encourage

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 915 H 916 CONGRESSIONAL RECORD — HOUSE January 26, 1996 each State to enforce laws prohibiting The irony of the situation is that Mr. heroic attempts to clear the path for the sale of tobacco products to minors, Kessler’s critics can find plenty of support this important fix. And he succeeded in oversee these State efforts, and deny for their position from Dr. Kessler himself. the House. Unfortunately, we hit a certain Federal funds if the State fails In a 1994 letter to anti-tobacco activist Scott snag in the other body relating to add- Ballin, the commissioner cited the complex- to enforce these measures. ity of regulating cigarettes and added, ‘‘It is ing last minute measures to the bill, Just last week, HHS issued its final vital in this context that Congress provide and the effort failed. But this fight is rules governing the administration of clear direction to the agency.’’ Well, Con- not over. We are exploring every pos- this law. While I am disappointed that gress has been abundantly clear. It wants sible avenue for getting this done be- it took more than 3 years to issue states regulating tobacco use by minors. fore the upcoming recess begins. Fail- these rules, I am encouraged that we Mr. Kessler went ahead last August and ing that, the plan is to get this lan- may now see results from this policy. proposed to regulate tobacco as a ‘‘drug,’’ guage onto the next train that comes Meanwhile, a component of HHS—the which it has statutory authority to control. through—we expect that train to be Food and Drug Administration—has But the agency’s own internal documents from previous administrations challenge the debt limit legislation coming in also attempted to improperly intervene the end of February. in this debate on the pretext of pro- that assessment. ‘‘FDA’s longstanding posi- tion,’’ said one, ‘‘has been that, absent thera- The section 202 change will not fix tecting our children. I cannot believe peutic claims, conventional tobacco products everything, but it will help and it will that such action is simply a case of one are not drugs under the [Food, Drug and Cos- put our administration in a stronger hand not knowing what the other is metics Act].’’ Said another, ‘‘In our opinion, position going into discussions with doing; rather, it demonstrates that the however, providing the FDA with the author- the Mexican Government. To their FDA is so out of control that it has de- ity to regulate tobacco would represent a credit, Trade Representative Ambas- cided to disregard congressional intent significant change in the scope of its author- sador Kantor and Agriculture Sec- and pursue its own Federal tobacco ity in providing consumer protection.’’ To date, Congress has provided the agency retary Glickman have been working policy. closely with the delegation on I am pleased that HHS has finally de- no such authority. By exceeding his own, Dr. Kessler undermines anti-tobacco statutes al- this issue. The Ambassador and the cided to implement congressional pol- ready on the books. Consider the example he Secretary joined us for a meeting this icy to keep tobacco away from our sets. If Dr. Kessler can’t bring himself to week in which we agreed on a list of children. I urge the President to with- abide by the law, he is not in the strongest measures that the administration and draw the FDA’s proposed rules and re- position to complain if retail outlets and mi- the delegation can pursue imme- ject that agency’s assertion of jurisdic- nors don’t. diately. Section 202 changes are at the tion over tobacco products. In addition, f top of our task list and that is what I am enclosing an editorial on the sub- SPECIAL ORDERS the current push is focused on. ject from yesterday’s Washington In addition, the Ambassador and the Times. I think my colleagues will find The SPEAKER pro tempore. Under Secretary agreed to seek to open nego- it to be interesting reading. the Speaker’s announced policy of May tiations with the Mexican Government [From the Washington Times, Jan. 24, 1996] 12, 1995, and under a previous order of on this issue, to support section 202 A CONSENSUS ON TEEN SMOKING the House, the following Members will legislation and packing legislation, to Last week the U.S. Health and Human be recognized for 5 minutes each. work with Customs and USDA services Services Department (HHS) did something f remarkable in the campaign to limit teen to ensure that inspections and mon- smoking. It proposed regulations with which HELPING FLORIDA TOMATO itoring are done effectively at the bor- almost everyone agreed. It threatened to GROWERS der, and to provide an umbrella under strip states of millions of dollars to fight which United States and Mexican drug and alcohol abuse if they didn’t crack The SPEAKER pro tempore. Under a growers can meet and work together to down on teen smoking. previous order of the House, the gen- solve the current crisis. To those who haven’t followed this con- tleman from Florida [Mr. GOSS] is rec- If all of these efforts fall short, I am troversy, it may seem an odd approach to ognized for 5 minutes. prepared to take more drastic steps. the problem, to wit: If the states aren’t Mr. GOSS. Mr. Speaker, I come to going to limit adolescent smoking, the feds Today, I am introducing legislation aren’t going to let them limit drugs and al- the floor to catalog the extraordinary, that would direct the President to sus- cohol abuse either. But so far at least, it has bipartisan, bicameral efforts now un- pend current NAFTA arrangements as the backing of tobacco foes, friends and per- derway to provide urgent relief for they relate to winter tomato produc- haps most important, Congress. Lawmakers Florida’s winter fruit and vegetable in- tion, pending his certification to the opened the door to such rules in 1992 when dustry, particularly the tomato grow- Congress that the safeguard provisions they signed onto legislation from the late ers. We in Florida have been acutely and relief measures are functioning ef- Mike Synar requiring states to prohibit the aware of the damage that has been sale of tobacco to persons under 18 years old. fectively and efficiently. This is a more Congressional backing is what separates done to those growers because of im- extreme step than I would like to take, the HHS rules from the far more publicized port surges from Mexico. Thanks to because it would violate the NAFTA and ambitious anti-smoking campaign our Florida delegation’s efforts these Agreement. But if that is what it takes launched in August by U.S. Food and Drug past days, this problem has become a to fulfill our commitment to Florida Administration Commissioner David Kessler. priority at the highest levels in Wash- growers, shippers, packers, and truck- Among other things, he would ban mail- ington, in this Congress and downtown ers trying to stay in business, feed order and vending-machine sales and sharply in the administration. Everyone now restrict tobacco advertising. their families, and contribute to the Many lawmakers subsequently criticized understands that, although NAFTA has U.S. economy, then I am prepared to Mr. Kessler for overstepping his authority. generally been working well for our move forward. Some 120 House lawmakers said in a biparti- State and the rest of the United States, Florida growers perform a unique san letter to the agency, ‘‘So, while we stand there has been a clear breakdown of function for this country. They com- steadfastly against tobacco use by minors, safeguard and relief measures for some pete head-to-head—not with other we strenuously object to the FDA’s effort to of our winter produce industries. Yes- American producers, but with foreign expand its jurisdiction and the federal bu- reaucracy in dealing with a problem that terday the Florida delegation—includ- producers—to provide winter fruits and Congress has already designated to the ing both Senator MACK and Senator vegetables for Americans. states.’’ Fifth District Virginia Democrat GRAHAM—made a bipartisan push to at- Mr. Speaker, I know when Mom and Lewis Payne complained the FDA plan poses tach relief language to the continuing Dad say ‘‘Eat your vegetables’’ to the a serious threat to Congress’ legislative au- resolution to correct a technical prob- youngsters in our Nation, they maybe thority. ‘‘Under our system of government, lem faced by Florida growers because do not all rise up in applause, but the it is the Congress, not unselected bureau- of existing definitions in section 202 of fact of the matter is that we do need to crats, who are suppose to make the laws.’’ A the 1974 Trade Act. eat our vegetables, and most of them similarly critical letter from 32 senators in- cluded Tom Daschle, the Democratic minor- Appropriations Chairman BOB LIV- come from Florida, the domestically ity leader, and Bob Dole, the Republican ma- INGSTON, busy as he was worrying produced in the winter, and that is an jority leader, two men not often on the same about keeping the Government open as area that we have to focus on and allow side of an issue. budget matters are sorted out, made those folks to continue in business. January 26, 1996 CONGRESSIONAL RECORD — HOUSE H 917 The devastation of that industry I ernment has conducted five nuclear ex- elected spokesperson, President think is truly a matter of concern to plosions since French President Chirac Jacques Chirac, insists that the re- all Americans and it would be foolish announced a change of testing policy in sumption of nuclear testing in South not to take the necessary legislative June of last year. Pacific waters is absolutely necessary steps to repair the problems for which Mr. Speaker, the islands of French to improve France’s nuclear weapons we have clearly identified that we have Polynesia were what Westerners would capabilities and that the matter of ex- proper solutions. call colonized by France, after some 500 ploding more nuclear bombs at f French soldiers with guns and cannons Moruroa Atoll is in the ‘‘highest inter- subdued the Tahitian chiefs and their est’’ of France. The tests, he assures TRAVELGATE warriors in the 1840’s. I was in Tahiti the public, are of ‘‘no environmental (Mr. MICA asked and was given per- recently. I joined with some 40 other consequence.’’ mission to address the House for 1 Parliamentarians from the Pacific, Mr. Speaker, a minute and to revise and extend his re- Asia, South America, and Europe. Led couple of days ago revealed that the marks.) by the mayor of the town of Fa’aa, Mr. French Government has now acknowl- Mr. MICA. Mr. Speaker, I serve as a Manutahi Temaru, we joined together edged that radioactive leakage has member of the House Committee on for a demonstration in the streets of come out of this atoll. Radioactive io- Government Reform and Oversight Papeete, Tahiti, to oppose the resump- dine 131 can only be created as a result that has been looking into the tion of French nuclear testing in the of nuclear explosions and causes Travelgate matter, the White House South Pacific. Despite international in humans. firings of the White House Travel Of- pleadings, protests, and appeals, the So goes the story of colonialism sup- fice. Each twist and turn of the White Government of France resumed nuclear ported by American commentators like House Travel Office firings becomes testing at Moruroa Atoll on September William Buckley who writes: more and more bizarre. 5, 1995, exploding a nuclear bomb more What is it the protesters fear? Are the I have a report today in the Washing- powerful than the bomb dropped on French experiments, conducted 750 miles ton Times by a gentleman, Mark Hiroshima. Sixty miles away on the is- from Tahiti, endangering anybody in Tahiti? Levin, who reveals an incredible mis- For that matter, are they endangering any- land of Tureia, brown-skinned Polyne- body or anything in Moruroa? Has anybody use of power by the White House in use sian children splashed and played in detected a rise in pollutants in the area of the FBI, our Nation’s chief law en- the ocean waves. where the first tests were undertaken? Has a forcement agency, that I feel should be On August 30, 1995, Mayor Temaru, whale been killed? Two whales? Has $11 mil- investigated. Vito Haamatua, and myself traveled to lion in damage been done to the sea sur- I am calling today on our chairman the island of Tureia. We were joined rounding Moruroa? The answer has to be no, to expand our investigation of this with the arrival of the Rainbow Warrior for the simple reason that if it were yes, we matter, of the misuse of the FBI, our II and together we headed for Moruroa absolutely would have heard about it. chief law enforcement agency, and I where France had already placed the That a nationally syndicated col- also think that it is time that we look nuclear bomb in a shaft about 3,000 feet umnist and president and editor-at- at Mr. Levin’s call for the appointment under the atoll. We sailed in anticipa- large of the National Review could be of a special counsel, an independent tion of the French Government’s an- so unaware of the effects of nuclear counsel, to investigate this matter nouncement that the first nuclear ex- testing in relation to the food chain, where the White House, in fact, has plosion would take place on September ocean currents, and a people only 750 used this law enforcement agency in an 1, 1995. miles away, is appalling enough. But inappropriate manner and now we find Believe it or not, Mr. Speaker, the that a Eurocentric commentator could out that there is even more informa- only reason why the French Govern- be so naive about the workings of the tion to lead us to believe that, in fact, ment did not explode the bomb on Sep- world and the media, suggesting that there was misconduct in these firings tember 1, was because our President all issues get equal airplay and if we and the cover that the White House was in Hawaii. The Clinton administra- haven’t heard about it it must not be prepared for the public. tion told the French Government, ‘‘If so, is almost unforgivable. f you explode that bomb while the Presi- The people of the Pacific, who feel dent is in Hawaii, he’s going to con- the brunt of colonial reign, have their FRENCH NUCLEAR NIGHTMARE IN demn the nuclear explosion.’’ So they own story to tell. From the island of THE SOUTH extended it for a couple of days and the Tureia, my Polynesian cousins tell of The SPEAKER pro tempore. Under bomb was exploded on September 5. early French practices. the Speaker’s announced policy of May As we neared Moruroa, the Rainbow Mr. Speaker, as I was held hostage 12, 1995, the gentleman from American Warrior launched six inflatable zodiacs for 16 hours on the Rainbow Warrior, I Samoa [Mr. FALEOMAVAEGA] is recog- under the nose of French naval war- reflected on a lot of things. Polyne- nized for 60 minutes as the designee of ships. The zodiacs were manned by sians are not just famous navigators. the minority leader. young men and women from New Zea- We have a tremendous number of great Mr. FALEOMAVAEGA. Mr. Speaker, land, Italy, Australia, the United poets who worshiped nature and loved I offer my apologies to my colleagues States, France, and Portugal. These to describe the meanings of life and and to the American people, for these young men and women were not com- death and love and hatred; all that can somewhat rough sketches of limited ar- mandos or soldiers. They were just or- be felt and expressed by the human tistic value in terms of what they rep- dinary citizens committed to a nu- mind. During this time, I wrote this resent. clear-free world. As our vessels pene- little poem dedicated to the children of On my immediate right is a picture trated waters France claimed exclusive the little atoll of Tureia, and I entitled of what an atomic nuclear explosion rights to, we were arrested by French it ‘‘Tureia Atoll.’’ looks like as it was exploded by the commandos, held for 16 hours, then TUREIA ATOLL French Government on Moruroa Atoll transferred to another vessel, fully en- Our families own the island you never asked in the South Pacific in 1973. On my ex- closed, unaware of where we were being permission to take. treme right is a little chart, and this is taken, and completely prevented from We fished, picked coconuts, swam freely not the Polynesian version of a Christ- taping an account of the seizure. Our along the reefs and shores mas tree, Mr. Speaker, but I just want Until you, the colonial power in Paris, come cameras and videos were confiscated. to us and say, to demonstrate to the American people Our communications system was de- ‘‘We take you to Papeete and give you free that Moruroa Atoll looks like in the stroyed. ride in the carnival.’’ South Pacific. One of these little dots France’s story is, of course, well- While we play at your amusement you blow inside this volcanic formation on which scripted. Its Eurocentric rationales for the wind of death from our island of the atoll sits constitutes one of 181 nu- resuming nuclear testing in waters half Moruroa. clear bomb explosions that have al- a world away from where its own chil- The people of Tureia were never con- ready taken place in this atoll in the dren play are presented through inter- sulted about the use of their island, South Pacific. Already the French Gov- national wire services. France’s freely Moruroa. They were never asked by the H 918 CONGRESSIONAL RECORD — HOUSE January 26, 1996 French Government if their island for United States nuclear radiation ex- harm to the fish, ciguatera poisoning could be used as a French nuclear test- periments conducted during this pe- can be fatal to humans. Even if nuclear ing site. In 1960, they were simply in- riod. Their accounts are well docu- testing stopped today the several vited to a carnival in Tahiti, placed on mented. Chernobyls’ worth of radioactive con- ferry boats that carried them across Although our Government is making taminants encased in Moruroa and the waters for a day of amusement. In every effort to resettle this island and Fangataufa atolls will require com- innocence they played while French co- offer monetary compensation to these prehensive scientific monitoring for lonialists decided that the two Pacific people, I submit the reality is—no decades to come. Unfortunately, such atolls of Moruroa and Fangataufa amount of money can compensate for independent and scientific studies have would be the new sites for the French the normal health of the inhabitants of never been authorized by the French nuclear testing program. The sites, these islands. According to reports, the Government, and it is very unlikely after all, were conveniently located women of Rongelap gave birth to what such studies will ever take place due thousands of miles away from the many termed ‘‘jelly babies’’—babies either to potential embarrassment to home of enlightenment, where cer- that were born dead and did not appear the Government or lack of sufficient tainly to the people of France the to look human. Still today, many peo- resources and appropriate technology testings posed little harm and would be ple of Rongelap suffer from cancer, leu- to remedy the hazards associated with of no environmental consequence. kemia, and all manner of diseases asso- nuclear contamination. Since 1960, France exploded 176 nu- ciated with nuclear contamination. For While Chirac espouses his theme of clear bombs on Moruroa Atoll. By my President Chirac to so arrogantly con- ‘‘no environmental consequence,’’ he latest count now it is 181 nuclear tend that these tests are of no environ- paradoxically denies the people of the bombs. On September 1, 1995, the count mental consequence is to deny the ef- South Pacific the most fundamental of rose to 177. France has since exploded fects of history and marginalize the rights regarding information about the four more nuclear bombs at Moruroa suffering of those who know first-hand environmental and health effects of the and Fangataufa Atolls. Supposedly the the horrors associated with nuclear French nuclear testing program in Ta- last one is to be exploded next month. holocaust. hiti. I doubt that. In the truest form of colo- Mr. Speaker, again on the Rainbow nial aggression, not 1 of the over 200 Warrior as I sat there sketching a few b 1230 nuclear bombs France has exploded in thoughts in my mind, I wrote another the past 30 years has been exploded on, little poem that I entitled ‘‘Annihila- Mr. Speaker, as a member of the U.S. above, or beneath French soil. Today, tion.’’ House Committee on International Re- France is the only nuclear superpower ANNIHILATION lations, I introduced House Concurrent to test outside of its borders. You appear in a cloud, like a flash from the Resolution 80 which strongly expresses France’s exploitation of Pacific peo- west that blinds our vision. the sense of the Congress for recogni- ples is a chilling commentary on man’s In Tahati Nui, from the Tuamotos, tion of the concerns of some 22 nations inhumanity to man. Like a wild boar Mangareva, Tubuai, Bora Bora, and territories of the Pacific concern- on the ocean waves, or a mad aberra- Raiatea, Taha’a, Nuahive, Tureia, ing this very issue. tion of 21st century thought, President Moruroa and Fangataufa. I am very hopeful that my Repub- Chirac’s irrevocable decision and in- Like poisoned fish that float aimlessly from lican colleagues will allow me to de- sistent denial of consequence is what fissured reefs, bate this issue and this resolution on novelist Bernard Clavel called the Death moves slowly toward the people from the consent calendar next Tuesday, and shame of France. We all know nuclear the sun until it is too late. I have made that request and sincerely bombs have only one purpose. They Farani, Farani, what have you done? hope that this will be the case. were created to destroy people. The re- The facts are clear and substan- Mr. Speaker, according to the Bul- sult is they annihilate everything. The tiated. After 30 years of French nuclear letin of the Atomic Scientists, ‘‘the people of France know this. President testing in the South Pacific, French five declared nuclear powers have ac- Chirac knows this. We all know why Polynesia’s Moruroa atoll has been de- knowledged conducting a total of 2,036 France explodes its bombs in French scribed by scientists as a ‘‘Swiss cheese nuclear tests since 1945.’’ Approxi- Polynesia and not in France. No one of fractured rock.’’ British scientists mately 942 of these tests have been wants to subject their homeland to this have confirmed that the volcano under- conducted within the continental Unit- danger, if they have a choice. neath Moruroa atoll is ‘‘becoming a ed States, 214 in Russia, and 306 con- Historically, the people of the Pacific web of vitrified cavities, from which an ducted by the United States, Great have had little choice. Nuclear nations, unknown number of cracks are spread- Britain, and France in Pacific islands including France and even our own Na- ing like spider webs.’’ Areas of Moruroa and atolls. It was only in June last tion, have consistently deemed Pacific atoll have already sunk by 1 meter or year that the United States, France, islanders and their way of life expend- more. In fact, Dr. Roger Clark, a seis- and the major nuclear powers promised able. In 1954, on Bikini atoll, the Unit- mologist at Leeds University, has said over 170 non-nuclear nations that they ed States exploded the ‘‘Bravo Shot’’— that one more test could trigger the would exercise restraint with nuclear a 15 megaton hydrogen thermonuclear atoll’s collapse, leading to huge cracks testing and would work toward a com- bomb a thousand times more powerful opening to the sea, threatening fish prehensive test ban treaty. Despite res- than the bomb that we dropped on Hir- and other marine life, and ultimately ervations, these commitments were ac- oshima 50 years ago. Before the bomb jeopardizing the entire marine environ- cepted at face value by the non-nuclear was exploded, the American officials ment of the Pacific region. nations, which make up the vast ma- who conducted this experiment discov- Epidemic-like outbreaks in surround- jority of the countries of the world, ered that the winds had shifted and ing communities have already resulted, and it was only with the support of the that the 300 men, women, and chil- with symptoms including damage to non-nuclear nations that permanent dren—including our own servicemen the nervous system, paralysis, im- extension of the Nuclear Non-Prolifera- that were on this island—living on the paired vision, and increased cancer tion Treaty was gained. One month nearby island of Rongelap, would be rates among Tahitians, in particular. later, French President Jacques put at risk by the nuclear detonation There is also a strong link between Chirac’s actions indicated France was and radioactive fallout. Despite the ciguatera poisoning and the destruc- more than willing to undermine the shift in the direction of the winds, they tion of coral reefs from nuclear testing Nuclear Non-Proliferation Treaty—all exploded the bomb anyway, subjecting and military operations in French in the name of national interest to en- hundreds of innocent men, women, and Polynesia. Ciguatera poisoning occurs sure the reliability of its nuclear arse- children to nuclear contamination. I when the coral ecology is disturbed, nal. However, nuclear physicists con- submit that Marshall Islanders resid- producing toxic plankton that spread tend that the safety and reliability of ing on nearby Rongelap and Utirik through the food chain to be eaten by nuclear weapons could be ensured by atolls justifiably believe they were fish, that are then consumed by hu- non-nuclear tests utilizing computer used as guinea pigs and test subjects mans. Though it causes no apparent technology. January 26, 1996 CONGRESSIONAL RECORD — HOUSE H 919 Mr. Speaker, here is the point. The No ‘‘higher interest’’ can excuse such Polynesia. It was there that they de- French Government did not need to ex- callous and horrific action. The Gov- cided this is where the French nuclear plode these nuclear bombs. We even of- ernment of France should be obliged to testing program was going to be re- fered the French Government the tech- control itself. It is time to stop the born. nology they sought, so there was no madness and take up the fight of hold- President DeGaulle promised the Ta- justifiable reason for detonating addi- ing nuclear nations accountable for the hitians tremendous prosperity and that tional nuclear bombs. violent rape of non-nuclear nations, many goods would be brought in, ini- In fact, Mr. Speaker, 60 percent of peoples, and environments, until angels tially saying, ‘‘We are just going to be the French people were against the govern men. there to build airports.’’ To the dismay idea of resuming nuclear testing in the I want to share with my colleagues, and disappointment of the Tahitian South Pacific. I find it deplorable, Mr. Mr. Speaker, another little poem that I leaders and people, they later realized Speaker, that one of the five leading wrote while being held in custody on what was to become of their fate in nuclear superpowers is willing to re- the Rainbow Warrior for 16 hours. I years to come; that the nuclear testing open the global arms race and encour- termed it ‘‘The God Taaroa.’’ program was to be done in their is- age nuclear proliferation at the ex- lands. And the god Taaroa divided the waters from The article in the Wall Street Jour- pense of world peace. the waters and gathered the people I further find it abhorrent that the from the sun unto one place called The nal was very persuasive, in my humble United States is acting somewhat in Seas. opinion, Mr. Speaker, and explains the complicity with the actions of the And the god Taaroa let the dry land appear grandeur of the French Empire and the French Government. Though the Unit- and gathered the people of France to- cost of some $10 billion for this nuclear testing program that they have con- ed States has gone on record in con- gether unto one place, and it was so. And he saw that it was good. And the ducted in French Polynesia. demning France’s resumption of nu- There is tremendous social turmoil clear testing, it continues to allow evening and the morning were the third day. right now among the 200,000 Tahitian French military aircraft to overfly Polynesian people living there, want- United States airspace while enroute And god Taaroa said, let them have domin- ion. ing to know whether they should still to France’s testing site in the South consider themselves French, should Pacific. And darkness mushroomed upon the face of the deep. that seek independence, or should they According to the State Department, seek some form of autonomy. There are Mr. Speaker, I want to share with my France’s DC–8 supply planes are per- good reasons and bad reasons, and for colleagues an article that appeared in mitted to stop over on the West Coast those who are earnestly seeking to pro- the Honolulu Advertiser of this month, on their way to Moruroa atoll. Reports vide more self-autonomy and perhaps in fact, just last week, and the fact suggest that these planes likely are even independence, I quote from the ar- that in a major speech by Pope John carrying nuclear materials and bomb ticle an observation of what seems to components, yet the State Department Paul II, from the Vatican City, he be the sentiment among the young peo- declares that it does not know what is made a special pleading to diplomats ple in French Polynesia. I quote from a on board these planes. from 161 countries of the world to stop young man who said, nuclear testing. I hope President For the State Department to abdi- The French run everything here: the State, cate its responsibility in determining Chirac is listening to the Pope’s plea the airport, the port, economic life, every- the contents on board these supply on behalf of the people of the world to thing, and we have nothing. To get a job planes is a travesty, Mr. Speaker. And, stop this madness. here, you need a French diploma. But I am moreover, facilitating French aircraft Mr. Speaker, 2 days ago, there was an not French. I am Maohi. The French are co- to supply a nuclear testing program extensive article written by Mr. Thom- lonialists. We are at home here, and we are that we oppose smacks of hypocrisy, in as Kamm in treated like dogs. my humble opinion. concerning France and its colonial em- There is no question there have been Mr. Speaker, the question now on the pire, or whatever is left of it, particu- a lot of economic benefits brought with table for non-nuclear nations is: Do we larly the French colony known as this so-called prosperity, Mr. Speaker. depend on nuclear nations to restore French Polynesia, as I discussed ear- However, the $10 billion investment by morality through treaties and bans, or lier, and the main Island of Tahiti the French Government promotes not do we call on good people to hold their which is approximately the same size the needs of the Tahitians, I promise governments accountable for viola- as the Island of Oahu in the State of my colleagues, but the enhancement of tions of international disarmament Hawaii. For the benefit of my col- its nuclear testing program. That is all agreements? leagues, the Island of Oahu is where it is. ‘‘If men were angels,’’ James Madison Honolulu is situated. Mr. Speaker, there is currently a wrote in The Federalist Papers, ‘‘no Immediately after World War II, in conference going on right now in Gene- government would be necessary. If an- recognizing that France needed to va, the Conference on Disarmament, gels were to govern men, neither exter- catch up with the so-called nuclear where the Honorable John Holum, Di- nal nor internal controls on govern- power nations, the late President rector of the U.S. Arms Control and ment would be necessary. In framing a Charles DeGaulle decided to conduct Disarmament Agency, is pleading with government which is to be adminis- nuclear testings, and he did this origi- the conferees on negotiations for the tered by men over men, the great dif- nally in the deserts of what was then a Comprehensive Test Ban Treaty. ficulty lies in this: You must first en- French colony called Algeria. Mr. Speaker, I want to quote a state- able the government to control the Mr. Speaker, something happened. ment from our President to the mem- governed; and in the next place, oblige The Algerians decided to kick the bers of the conference. it to control itself.’’ French out, and it cost 1 million lives A comprehensive test ban treaty is vital to Mr. Speaker, nuclear bomb explo- of the Algerian people before French constrain both the spread and further devel- opment of nuclear weapons, and it will be sions constitute the ultimate rape of colonialism in that part of the world in helpful to our mutual pledges to denounce any nation. This planet has already Africa was terminated. So President the nuclear arms race and more towards the been ravaged by more than 2,036 nu- DeGaulle looked around and said, ultimate goal of a world free of nuclear clear bomb explosions. Mr. Speaker, 179 ‘‘Geez, if I cannot test nuclear bombs arms. of those bombs have been exploded by in Algeria, where can I go?’’ So he di- But we have got a little problem with France in waters the legendary Polyne- rected his military officers and said, this, Mr. Speaker. In the article in the sian God Taaroa gave the people of ‘‘Look out in the vast French Empire Washington Post today, the state of Polynesia. For France to continue to and find where else I can test.’’ India, through its ambassador and rep- explode its nuclear bombs among a Mr. Speaker, they looked around and resentative to this conference said, peaceful people living half a world they came to the Pacific region where ‘‘Wait a minute. You want us to sign away from the borders of France, I sub- France has several colonies; one in New onto this test ban treaty, but you do mit Mr. Speaker, is colonialism in its Caledonia, another in Wallis and Fu- not want to get rid of your nuclear worst form. tuna, and unfortunately one in French bombs.’’ Now, does not it seem silly? H 920 CONGRESSIONAL RECORD — HOUSE January 26, 1996 Mr. Speaker, it seems that these non- ing France, for some 50 years during positive and helpful with regard to the nuclear nations are getting very leery the cold war when President DeGaulle serious problems that we now face in about the double standard that the nu- unilaterally decided to pull out of the world. I wish that they would im- clear powers are pressing on them, to NATO. mediately cease exploding these nu- say that we are going to sign onto a Mr. Speaker, do my colleagues know clear bombs. If the test are so safe, why nuclear test ban treaty, but the nu- the reason why DeGaulle wanted to are they not done under the Eiffel clear nations continue to have the nu- pull out of NATO? Because he did not Tower, in Marseille, or in Paris? clear weapons and we do not know who like the idea that the United States Mr. Speaker, it is a sad commentary they are pointed at. was playing too great of a role in the that here is a leading democracy of the India said, ‘‘No, we are not going to politics and the security of European world playing colonial mostly in the agree to that unless there is an addi- countries. Can my colleagues believe ugliest way, and I wish and hope that tional agreement, and that is to get rid that? DeGaulle even demanded that the my colleagues would share the con- of all nuclear weapons, all nuclear United States troops that were then cerns of the millions of people around bombs.’’ It seems that the nuclear pow- stationed in France leave in 60 days. the world, the leaders of some 166 na- ers are having problems with that idea. What was the response of our Govern- tions protesting, pleading and asking India has already exploded a nuclear ment? ‘‘President DeGaulle, does that President Chirac: Do not explode these bomb device in 1974. It was the only nu- also include the 10,000 soldiers that lie nuclear bombs. But despite all of that, clear bomb explosion India conducted buried in French soil to free you from Mr. Speaker, he just went ahead and and proved to the world India had the Nazi Germany?’’ That is the arrogance exploded them. technology to also produce nuclear that we get from the leaders of this Do you think, Mr. Speaker, this man warheads if it wanted to. Government. deserves our presence here? I respect- But from my readings and meetings Third, Mr. Speaker, I might also add fully submit, Mr. Speaker, he does not, with the leaders of this great demo- to my colleagues that President Chirac I hope that my colleagues will join me cratic nation, the largest democracy in is going to have another suggestion for by not being in this Chamber when the world, by the way, Mr. Speaker, us. He is going to suggest to our Repub- President Chirac addresses the Con- they are committed to getting rid of lican colleagues that we cannot afford gress next week. nuclear weapons altogether, but some- to force our Government into bank- f how there seems to be a difficulty ruptcy or default because it will have among the nations that currently have serious economic consequences to the BALANCED BUDGET in their possession nuclear warheads economy of France, to Europe and DOWNPAYMENT ACT and bombs. So we sign onto a test ban other nations of the world. The SPEAKER pro tempore. Under a treaty, but the nuclear superpowers Mr. Speaker, that is a real interest- previous order of the House, the gen- still want to hold on to their nuclear ing lecture. He should be an expert on tleman from Kentucky [Mr. ROGERS] is bombs. To me, that seems to be a con- it, with about a 20 percent popularity recognized for 5 minutes. tradiction of the first order. rating in France, serious strikes where Mr. ROGERS. Mr. Speaker, this Balanced Mr. Speaker, as I have stated earlier millions of French workers are out- Budget Downpayment Act is an important step to my colleagues, next week on Thurs- raged that his Government did not pro- forward. Funding levels will now be based on day, the President of France has been vide for their needs, and the problems the conference report funding levels for the fis- invited to address a Joint Session of affecting the economy of France as it cal year 1996 Commerce, Justice, State, and the Congress. President Chirac is going now stands. Judiciary appropriations bill. With a few excep- to be here to share with our President, Last, Mr. Speaker, President Chirac tions, relating to issues that remain to be ne- I suppose, and the leaders of the Con- is also going to suggest to my col- gotiated out, congressional priorities will be re- gress, his wisdom on how to conduct leagues that we are not fulfilling our flected from this point forward, both in terms of foreign policy. responsibilities as a world leader. Do programs that merit continued funding and Mr. Speaker, this is really funny. you believe that, Mr. Speaker? He is those where decreases are justified. There was an article in the New York going to give us some pointers. He is For law enforcement programs, small busi- Times that came out yesterday where going to suggest how we can go about ness loans, passports, visas, diplomatic secu- in several instances French officials becoming a better world leader, as if rity, and the Judiciary, full-year funding has al- anonymously dropped a leak here and a the Government of France is a world ready been provided in the previous two tar- leak there saying, ‘‘This is what we are leader itself. Excuse me, Mr. Speaker. I geted appropriations bills. going to share with American leaders think he needs to have a couple more In this bill, funding is being provided through when our President comes to Washing- lessons. March 15 for the remaining programs under ton.’’ Mr. Speaker, I can just imagine the the jurisdiction of the Commerce, Justice, Mr. Speaker, I want to reiterate, I do logistic problems we are going to have State, and Judiciary Subcommittee at the fis- not see why we should be coming to lis- before President Chirac gives his en- cal year 1996 conference report levels, under ten to the speech when he has said: shrined speech before us next week. fiscal year 1995 terms and conditions. This This is what I am going to talk about. Mr. Speaker, I am going to address a puts funding for these programs on the path Unbelievable. First President Chirac is little more extensively sometime next that will lead to substantial savingsÐin the going to tell the American leaders and week a very special person that I cer- Commerce Department, for instance, the con- our people that we are not doing tainly admire, who not only have his ference report provided levels that are a 16- enough in the Bosnian crisis. France is portrait in our Chamber, but certainly percent reduction from fiscal year 1995, while going to be the leader, or play a very the spirit of that man lives on. I have providing substantial additional resources for preeminent role in representing, I sup- learned to respect the contributions the Nation's fight against crime. pose, the European countries, whatever that he has made not only as a great So this is an important change, from a for- that means, and to let the United French patriot, but as a firm believer mula that keeps funding tied to fiscal year States know that it is not to do this in democracy and the principles of 1995 levels as a minimum, to one that imple- unilaterally, even though we have been human rights at the time that we were ments that fiscal year 1996 priorities which successful in the Dayton agreements a colony of the British Empire. have been voted on and passed, in the case and the talks that transpired in recent Mr. Speaker, I make reference, brief- of the Commerce, Justice, State, and Judiciary weeks. ly, to the Marquis de Lafayette. As my appropriations bill, three times in this House. Second, Mr. Speaker, another sugges- colleagues will note, there are only two I support this Balanced Budget Downpay- tion that we are going to be hearing murals depicting not only our first ment Act, and urge all Members to vote for from President Chirac is that our Gov- President, but this great French pa- this legislation that will keep the Government ernment is not giving enough foreign triot. fully functioning through March 15. aid to Third World countries. Give me Mr. Speaker, I am saddened to share I am including a short summary of the provi- a break, Mr. Speaker. I would like to with my colleagues the commentary sions in this legislation as they relate to the remind President Chirac who has been that I wish the Government and the Commerce-Justice Subcommittee, and also a providing security for Europe, includ- leader of France could be a little more statement clarifying a number of issues. January 26, 1996 CONGRESSIONAL RECORD — HOUSE H 921

COMMERCE-JUSTICE SUBCOMMITTEE PROVI- ing for a new Truth-in-Sentencing Prison State Department’s Inspector General, be- SIONS IN FIRST BALANCED BUDGET DOWN- Grant program until details on revised legis- cause that level of funding anticipated the PAYMENT ACT lation are worked out. However, funding that merger of the USIA IG office into the State Provides FY 1996 conference level under FY was included under this program in the Con- IG office. Both IG offices are to continue to 1995 terms and conditions through March 15, ference Report for reimbursement to states prepare for the merger, which is fully antici- 1996, for all CJSJ accounts with the follow- for the incarceration of criminal aliens is pated to occur during this fiscal year. ing exceptions: provided. With respect to Educational and Cultural Any programs funded in the previous tar- A provision is included that applies terms Exchange Programs, the statement of man- geted appropriations bills. and conditions of the 1996 Conference Report agers language in the conference report con- Advanced Technology Program is funded and Statement of Managers to amounts pro- cerning the Tenth Paralympiad should be at 75 percent of FY 1995 level for FY 1995 and vided in the previous targeted appropriations carried out on an expedited basis, and suffi- prior year continuation grants and program legislation for various Department of Justice cient funds should have been appropriated administration only, for the period covered programs. Within these terms and conditions under previous Continuing Resolutions and by the legislation. the Committee would like to clarify the fol- this current legislation to permit this issue Cops on the Beat program is funded at 75 lowing: to be addressed during the period in which percent of FY 1995 level, for the period cov- Under the Interagency Crime Drug En- the current legislation is in effect. ered by the balanced budget legislation. forcement Program, it is the Committee’s RELATED AGENCIES The Ounce of Prevention Council, GLOBE, intent that the Attorney General, in con- Federal Trade Commission.—The Commit- and Drug Courts are also funded at 75 per- sultation with the Office of Investigative tee expects that amounts provided in the bill cent of the FY 1995 level. Agencies Policies, will allocate resources for both the Federal Trade Commission and In addition, the following provisions are among agencies participating in Interagency the Justice Department’s Antitrust Division included: Crime and Drug Task Forces based on cur- will allow these agencies to function at the A provision allowing Departments and rent task force requirements. full operating levels assumed in the con- Furthermore, it is the Committee’s intent agencies expanded transfer authority to pay ference report on H.R. 2076, based on offset- that funding provided for the Federal Prison downsizing or closeout costs resulting from ting collections of $48,262,000 for each agen- System includes the construction of new the funding levels in this legislation, subject cy. prisons under the terms specified in the to standard reprogramming procedures. Legal Services Corporation.—The funding Statement of Managers in addition to con- A provision allowing funding for Legal included for LSC is interim funding for basic tinued support for the National Institute of Services Corporation to be obligated only at field programs until a new competitive grant Corrections, both of which are critical to ef- a rate to cover operations during the time program is implemented. The Committee ex- forts to incarcerate prisoners. period of this legislation. pects LSC to begin a competitive grant pro- A provision withholding funding for Truth DEPARTMENT OF COMMERCE gram on April 1, 1996 and to be prepared to in Sentencing grant program, except for Advanced Technology Program—The bill implement restrictions outlined in the con- SCAAP and CAP funds, pending revision to includes language providing funding for the ference report. current Crime Bill program. Advanced Technology Program, only for pro- Small Business Administration A provision allowing the USIA IG to con- gram administration and continuation Disaster Assistance.—The Committee is tinue receiving funds. grants for ATP projects originally awarded aware that funding levels provided for the A provision (section 209) keeping Securi- in fiscal year 1995 or earlier, at a rate of op- SBA Disaster Loan Program subsidies and ties and Exchange Commission registration erations of up to 75 percent of the final fiscal administrative expenses may be insufficient fees at rate assumed in FY 1996 conference. year 1995 appropriated level. This provision to continue the program for the full fiscal A provision (section 211) applying FY 1996 will not allow any new ATP grant competi- year, particularly considering the rate of dis- terms and conditions to amounts provided in tions to be held during the period covered by asters thus far this fiscal year. The Commit- previous targeted appropriations for Depart- this Act. tee notes that there are two primary reasons ment of Justice programs and enacting into Closing Costs Provisions—The bill includes for the shortfall. First, the request for sub- law the Justice General Provisions in the FY language similar to a provision included in sidy amounts for the loan program was based 1996 conference report, except Truth in Sen- the Conference Report on the FY 1996 Com- on proposed legislative changes modifying tencing authorization. merce Justice Appropriations Act requiring the interest rate on SBA disaster loans. A provision restricting travel expenses for that costs associated with personnel actions While the full request for loan subsidies was all Cabinet officers (except State, the UN resulting from funding reductions included appropriated, these proposed legislative Ambassador, Defense and CIA) to 110 percent in this subsection to be absorbed within the changes were not enacted into law. As a re- of the average for FY 1990–FY 1995. total budgetary resources available to each sult, the appropriated subsidy amount of Department or agency. The provision would STATEMENT OF HON. HAROLD ROGERS $34.4 million allows new loan program au- allow each Department or agency to transfer thority of only $122.5 million instead of $407 The section of the Balanced Budget Down- funds between appropriations accounts as payment Act that relates to the Commerce, million as proposed. Therefore, the shortfall necessary to cover costs associated with pro- is the result of lack of action on proposed Justice, State and Judiciary appropriations gram closeouts or downsizing of agencies. bill provides generally for funding at the fis- legislative changes, which is not under the This transfer authority is provided in addi- jurisdiction of the Appropriations Commit- cal year 1996 conference level under fiscal tion to the authorities available under FY year 1995 terms and conditions, with certain tee, and the fact that the Administration, as 1995 terms and conditions, and is subject to a result of no action on the changes, has not exceptions that are spelled out in the legisla- the Committee’s standard reprogramming tion. All departments and agencies are ex- amended its budget request to provide addi- procedures. tional resources or identified the offsets nec- pected to use the fiscal year 1996 conference This closing cost provision allows Depart- report and statement of managers and the essary to provide those resources. ments and agencies the flexibility to fund The second reason for the shortfall is the House and Senate reports relating to the fis- only the costs associated with personnel ac- cal year 1996 bill to the maximum extent in failure of the Small Business Administration tions resulting from agency or program ter- to adequately budget for the appropriate allocating resources under this legislation, mination or shutdowns. because that guidance will, under all likeli- level of administrative costs for even a ‘‘nor- DEPARTMENT OF STATE AND RELATED AGENCIES hood, become the final guidance for expendi- mal’’ disaster year in the appropriate ac- ture of fiscal year 1996 funds, and depart- With respect to Title IV of the CJSJ bill, count for this program. Instead, the SBA re- ments and agencies will ultimately be ex- covering the Department of State, United quested the funds for the administrative pected to have committed their resources in States Information Agency and Arms Con- costs associated with disaster loan making accord with the fiscal year 1996 guidance trol and Disarmament Agency, funding at under a proposed emergency contingency ap- that the House and Senate Appropriations the conference level generally provides an propriation which would have been outside Subcommittees have provided. operating level above what has been in effect the budget caps and cannot be considered by under the previous continuing resolutions. the Congress under current budget policy. DEPARTMENT OF JUSTICE For Contributions to International Organi- The Committee expects SBA to reprogram Office of Justice Programs: Funding is in- zations and Contributions for International funding to cover the base requirements for cluded for discretionary and formula grants Peacekeeping Activities, the amount of disaster loan making within the funds pro- under the Edward Byrne Memorial State and funds available to be obligated is intended to vided under this Act. The Committee further Local Law Enforcement Program. It is the be no higher than the proportionate amount expects that future budget requests for ad- Committee’s intent that discretionary of the full year funding level that cor- ministrative expenses under the disaster grants should be made in accordance with responds to the number of days covered by loan program account will fully cover the the joint Statement of Managers and that this legislation. costs of providing the services required to the Department of Justice should prioritize Under the United States Information manage the loan program level assumed in funding for requirements of State and local Agency, continued funding for the Inspector the budget request. law enforcement related to the 1996 Olympic General has been provided for the term of The Committee recognizes the severity of Games. Truth-in-Sentencing Grants/SCAAP: this legislation. The funding is to be derived disasters such as the devastating flooding in A provision is included that withholds fund- from the conference level of funding for the Pennsylvania and other mid-Atlantic States H 922 CONGRESSIONAL RECORD — HOUSE January 26, 1996 following recent storms, and is confident committee had examined and found fiscal year 2002; to the Committee on the that SBA will be able to respond appro- truly enrolled a bill of the House of the Budget, and in addition to the Committees priately and responsibly to these dire situa- following title, which was thereupon on Ways and Means, Commerce, Banking and tions within the resources currently avail- signed by the Speaker: Financial Services, the Judiciary, Agri- able under the Disaster Loan Program dur- culture, Economic and Educational Opportu- ing the period covered by the Balanced Budg- H.R. 2880. An act making appropriations nities, Government Reform and Oversight, et Down Payment Act. The Committee rec- for fiscal year 1996 to make a downpayment House Oversight, National Security, Veter- ognizes that additional funds for the SBA toward a balanced budget, and for other pur- ans’ Affairs, Resources, International Rela- Disaster Loan Program may be required poses. tions, and Rules, for a period to be subse- prior to April, and believes that if additional f quently determined by the Speaker, in each resources are needed, they can be provided case for consideration of such provisions as through the reprogramming process to as- SENATE ENROLLED BILL SIGNED fall within the jurisdiction of the committee sure continuation of the program through The SPEAKER announced his signa- concerned. March 15, 1996. The Committee will work By Mr. TRAFICANT: with the Administration to determine the ture to an enrolled bill of the Senate of H.R. 2904. A bill to amend the Public Build- appropriate level of funding for this program the following title: ings Act of 1959 to ensure that any lease en- as well as potential sources of funding off- S. 1341. An act to provide for the transfer tered into by a Federal agency for office, sets. of certain lands to the Salt River Pima-Mar- meeting, storage, and other space necessary Small Business Development Centers.— icopa Indian Community and the city of to carry out the functions of the Federal The bill provides funding for the SBA Small Scottsdale, Arizona, and for other purposes. agency shall be subject to the leasing re- Business Development Center program at the f quirements of the Public Buildings Act of FY 1996 conference level. This will allow SBA 1959; to the Committee on Transportation to continue to make funding commitments ADJOURNMENT and Infrastructure. with State resource partners in the SBDC f program based on the full conference The SPEAKER pro tempore. Without amount. objection, the Chair declares the House ADDITIONAL SPONSORS adjourned until 12:30 p.m., Tuesday f January 30, 1996. Under clause 4 of rule XXII, sponsors RECESS Accordingly (at 6 o’clock and 55 min- were added to public bills and resolu- utes p.m.), under its previous order, the tions as follows: The SPEAKER pro tempore. Pursu- House adjourned until Tuesday, Janu- H.R. 500: Mr. BILIRAKIS. ant to clause 12 of rule I, the Chair de- ary 30, 1996, at 12:30 p.m. H.R. 835: Mr. FAZIO of California. clares the House to be in recess, sub- H.R. 972: Mr. OBERSTAR. ject to the call of the Chair. f H.R. 1023: Mr. CASTLE and Mr. CONYERS. Accordingly (at 1 o’clock and 51 min- EXECUTIVE COMMUNICATIONS, H.R. 1364: Mr. HASTERT. H.R. 1802: Mr. PICKETT. utes p.m.), the House stood in recess, ETC. subject to the call of the Chair. H.R. 1834: Mr. BREWSTER. Under clause 2 of rule XXIV, execu- H.R. 2036: Mrs. LINCOLN. f tive communications were taken from H.R. 2500: Mr. TRAFICANT and Mr. PICKETT. H.R. 2619: Mr. KLECZKA. b 1854 the Speaker’s table and referred as fol- lows: H.R. 2856: Mr. STUDDS, Ms. WOOLSEY, Mrs. LOWEY, and Mr. STARK. AFTER RECESS 1981. A letter from the Director, Defense The recess having expired, the House Security Assistance Agency, transmitting f was called to order by the Speaker pro notification concerning the Department of DISCHARGE PETITIONS tempore [Mr. GOSS] at 6 o’clock and 54 the Navy’s proposed Letter(s) of Offer and Under clause 3, rule XXVII the fol- minutes p.m. Acceptance [LOA] to Thailand for defense ar- ticles and services (Transmittal No. 96–19), lowing discharge petitions were filed: f pursuant to 22 U.S.C. 2776(b); to the Commit- Petition 8, January 24, 1996, by Mr. KEN- tee on International Relations. MESSAGE FROM THE SENATE NEDY of Massachusetts on House Resolution 1982. A letter from the Director, Defense 292, has been signed by the following Mem- A message from the Senate by Mr. Security Assistance Agency, transmitting bers: Joseph P. Kennedy II, John Lewis, Bar- Lundregan, one of its clerks, an- the Department of the Navy’s proposed lease bara B. Kennelly, Sam Gibbons, Barney nounced that the Senate had passed of defense articles to Canada (Transmittal Frank, Ronald V. Dellums, George Miller, No. 10–96), pursuant to 22 U.S.C. 2796a(a); to W.G. (Bill) Hefner, Cleo Fields, William J. without amendment a bill of the House the Committee on International Relations. of the following title: Jefferson, David E. Bonior, Tom Bevill, 1983. A letter from the Director, Defense Thomas M. Barrett, Bernard Sanders, Robert H.R. 2880. An act making appropriations Security Assistance Agency, transmitting A. Borski, Karen McCarthy, Charles E. Schu- for fiscal year 1996 to make a downpayment the Department of the Army’s proposed lease mer, Luis V. Gutierrez, Peter Deutsch, Alcee toward a balanced budget, and for other pur- of defense articles to Oman (Transmittal No. L. Hastings, Sanford D. Bishop, Jr., Corrine poses. 11–96), pursuant to 22 U.S.C. 2796a(a); to the Brown, Patrick J. Kennedy, Scotty Baesler, f Committee on International Relations. Jerrold Nadler, Cynthia A. McKinney, Gary 1984. A letter from the Director, Defense L. Ackerman, Ronald D. Coleman, Pat Wil- EXTENSION OF REMARKS Security Assistance Agency, transmitting liams, Eddie Bernice Johnson, Sidney R. the price and availability report for the Yates, Jesse L. Jackson, Jr., Eva M. Clayton, By unanimous consent, permission to quarter ending December 31, 1995, pursuant revise and extend remarks was granted Thomas M. Foglietta, Barbara-Rose Collins, to 22 U.S.C. 2768; to the Committee on Inter- Bennie G. Thompson, James E. Clyburn, to: national Relations. Lynn N. Rivers, Donald M. Payne, Albert (The following Member (at the re- f Russell Wynn, Bobby L. Rush, Patricia quest of Mr. FALEOMAVAEGA) and to in- Schroeder, Henry B. Gonzalez, Anthony C. clude extraneous matter:) PUBLIC BILLS AND RESOLUTIONS Beilenson, Sheila Jackson-Lee, Norman D. Mr. SERRANO. Under clause 5 of rule X and clause 4 Dicks, Sherrod Brown, Louise McIntosh Without objection, the Chair an- of rule XXII, public bills and resolu- Slaughter, Chet Edwards, Carrie P. Meek, Nita M. Lowey, Zoe Lofgren, Melvin L. Watt, nounced the following Members are tions were introduced and severally re- permitted to extend their remarks and Charles W. Stenholm, Earl F. Hilliard, David ferred as follows: E. Skaggs, Charles B. Rangel, Harold L. to include extraneous matter: By Mr. GOSS: Volkmer, E de la Garza, Bill Orton, Frank Mr. EDWARDS. H.R. 2902. A bill to suspend tariff reduc- Pallone, Jr., Steny H. Hoyer, William (Bill) Mr. BLUTE. tions on winter tomatoes imported from Clay, Lynn C. Woolsey, G.V. (Sonny) Mont- Mr. ROGERS. Mexico until the President certifies to the gomery, Bruce F. Vento, Harold E. Ford, Bob Mr. STOKES. Congress that existing mechanisms are suffi- Filner, Bart Stupak, Tim Holden, Tom Lan- cient to protect the domestic industry from tos, Cardiss Collins, Elizabeth Furse, Bill f import surges from Mexico; to the Commit- Richardson, Fortney Pete Stark, Anna G. ENROLLED BILL SIGNED tee on Ways and Means. Eshoo, Vic Fazio, Jane Harman, Pat Danner, By Mr. KASICH (by request): Floyd H. Flake, Harry Johnston, Michael R. Mr. THOMAS, from the Committee H.R. 2903. A bill to provide for deficit re- McNulty, Andrew Jacobs, Jr., Lloyd Doggett, on House Oversight, reported that that duction and achieve a balanced budget by Frank Mascara, Robert T. Matsui, Patsy T. January 26, 1996 CONGRESSIONAL RECORD — HOUSE H 923 Mink, , Thomas C. Sawyer, Gerald D. Kleczka, Gene Green, Charlie Rose, J. Durbin, John Bryant, Ray Thornton, Sam Farr, Ken Bentsen, Nydia M. Vela´ zquez, Mike Ward, Martin Olav Sabo, Robert G. Louis Stokes, and David R. Obey. Eliot L. Engel, James P. Moran, Edward J. Torricelli, John W. Olver, Jim McDermott, Markey, John M. Spratt, Jr., Martin T. James A. Barcia, Robert E. (Bud) Cramer, f Meehan, Lucille Roybal-Allard, Esteban Ed- Jr., Peter A. DeFazio, Owen B. Pickett, Ike ward Torres, Earl Pomeroy, L.F. Payne, Skelton, David Minge, Bart Gordon, Tony P. DISCHARGE PETITIONS— Major R. Owens, Benjamin L. Cardin, Nor- Hall, Dale E. Kildee, Sam Gejdenson, Glen ADDITIONS OR DELETIONS man Sisisky, Maurice D. Hinchey, John S. Browder, George E. Brown, Jr., Robert E. The following Members added their Tanner, Douglas ‘‘Pete’’ Peterson, Neil Aber- Wise, Jr., Tim Johnson, Matthew G. Mar- crombie, , Karen L. Thurman, tinez, Thomas J. Manton, John Elias names to the following discharge peti- Martin Frost, Carolyn B. Maloney, Richard Baldacci, Glenn Poshard, Solomon P. Ortiz, tions: A. Gephardt, Michael F. Doyle, Gary A. Bob Clement, Howard L. Berman, Sander M. Petition 7 by Mr. KANJORSKI on H.R. 302: Condit, Collin C. Peterson, John D. Dingell, Levin, Jack Reed, Robert C. Scott, Richard John D. Dingell. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, FRIDAY, JANUARY 26, 1996 No. 11 Senate The Senate met at 12 noon and was vocations of blessings on this institu- here on the floor, for his effort to get a called to order by the President pro tion and our God’s guidance. quick turnaround on this conference tempore [Mr. THURMOND]. f report agreement. It is bipartisan. Sev- eral of the problems that existed in the PRAYER SCHEDULE previous conference report have been The Chaplain, Dr. Lloyd John Mr. LOTT. Having said that, I want removed and a compromise has been Ogilvie, offered the following prayer: to announce that there will be a period worked out. I am sure it is one that Gracious God, thank You for this mo- of morning business this morning with neither side is 100 percent happy with, ment of prayer in which we can affirm Senators permitted to speak for up to 5 but it is one that I think we should our unity. Thank You for giving us all minutes each. support, and we should move quickly today. I know we have indications that the same calling: to express our love It is expected that around 12:30 we the President will sign this bill. I be- for You by faithful service to our Na- hope to get some agreements with re- lieve the ranking member of the Armed tion. So much of our time is spent de- gard to what issues will be brought up Services Committee will support it. bating our differences that we often this afternoon and exactly what time. So, I hope we can get a quick agree- forget the bond of unity that binds us Those agreements certainly could in- ment to move forward on this Depart- together. We are one in our belief in volve consideration of the Department ment of Defense conference report. We You, the ultimate and only Sovereign of Defense authorization conference re- hope to be able to announce something of this Nation. You are the magnetic port, as well as the START II treaty. on that in the next few minutes. and majestic Lord of us all who draws The Senate also will consider the con- Also, there has been an under- us out of pride and self-centeredness to tinuing resolution during today’s ses- standing with regard to time that will worship You together. We find each sion. be used on START II. Hopefully, we other as we praise You with one heart All Members, therefore, should an- can take that time and move forward and express our gratitude with one ticipate that there will be rollcall on that bill, also. voice. votes today. The leadership is trying to On the continuing resolution, I would accommodate all of the Senators’ var- Together we accept the unique role like to point out to our colleagues here ious wishes, and changing schedules. You have given our Nation in the fam- in the Senate that there has been a lot We will try to get an agreement and ily of nations. We praise You for Your of work done on this continuing resolu- action on the critical issues as soon as truth spelled out in the Bill of Rights tion. Again, there has been a lot of give agreement can be reached. and our Constitution. Help us not to and take. The proof of that is the fact I yield the floor, Mr. President. take for granted the freedom we enjoy. that it passed the House of Representa- May a fresh burst of praise for Your f tives last night by an overwhelming providential care for our Nation give us RESERVATION OF LEADER TIME margin of 371 to 42. Only 42 voted a renewed patriotism. Keep us close to against this continuing resolution. So You and open to each other as we do The PRESIDING OFFICER (Mr. truly it was a bipartisan effort. I have the sacred tasks of our work in the GREGG). Under the previous order, the had some contact with the negotiators Senate today. In the unity of the spirit leadership time is reserved. on that package. They certainly and the bond of peace. Amen. The acting leader. worked very hard, and they came up f f with what is good for now. It will take us to March 15 and give us additional RECOGNITION OF THE ACTING SCHEDULE MAJORITY LEADER time to get agreement on the appro- Mr. LOTT. Mr. President, I apologize priations bills that have not passed The PRESIDENT pro tempore. The to the distinguished Senator waiting to this body. Hopefully, the Labor-HHS able acting majority leader, Senator speak but, with reference to the sched- and Education appropriations bills can LOTT, is recognized. ule, I would like to make a couple of be moved through the Senate. I remind f comments, if I could. my colleagues once again that this is Also, of course, there will be con- where that issue languishes—right here THANKING THE SENATE CHAPLAIN versation today about the START II in the Senate. Mr. LOTT. Mr. President, we want to bill. The White House has indicated its all express, again, our appreciation to I want to commend the chairman of support for this continuing resolution our very fine Chaplain for his daily in- the Armed Services Committee, who is until March 15. So, it is bipartisan in

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

S391

.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S392 CONGRESSIONAL RECORD — SENATE January 26, 1996 the House, it is supported by the ad- The PRESIDING OFFICER. The Sen- sented a budget none of which bal- ministration, and we need to act on it ator from Wyoming. anced. The President is under pressure, because we do have the deadline of f I think, from the Congress to present a today, January 26, of the present con- balanced budget, and that is a move- THE SUCCESSES OF THE PAST tinuing resolution. If we do not act this ment forward. YEAR afternoon and get an agreement to So I think this is a great victory for move this continuing resolution to the Mr. THOMAS. Mr. President, I was the American people and for future President, then we have looming before glad the leader spoke about optimism generations. Have we completed our us the possibility of another Govern- and the opportunity to do things. I victory? Of course not. Is it good ment shutdown. The headlines last want to talk just a little bit, if I may, enough? No. Is it a good start? Yes. We night on the television news reports in morning business about this past probably succeeded in three-quarters of and this morning were very positive. year and the successes of this past what we set out to do. Did the Presi- An agreement is reached to open the year. dent make the needed changes in enti- Government. It seems to me that we have worked tlements? No. But he did make some Now the Senate should act quickly to very hard. We have worked very long. accommodation. He talked about some follow the example set by the House. We had to do a number of things to re- choices in Medicare. He talked about We should not delay this continuing spond to the voters in 1994 who said the some caps on Medicaid. He talked resolution. We should move it through Federal Government is too big and it about a commitment to welfare. Those following the example set this time by costs too much. Anyone who thinks are changes. And until we make those, the House of Representatives. Yet, we that making that change from where of course, there is no real budgeting. are being told that, oh, well, there may we have been is easy is a bit naive. But that is where we have come. have to be several votes. There may So I think the Republican majority We are talking now about the end of need to be some amendments. Cer- in this Congress has had great success. big government. The debate is not tainly any Senator has a right to offer We restructured the debate in this about growth, but how we reduce the amendments, but I urge them to think country and have a whole new ap- size of government. These are the very carefully about what could happen proach changing the direction of Con- things the President talked about be- here this afternoon. If we start amend- gress and, frankly, changing the direc- fore the election. But now we are back ing, or trying to amend, this con- tion of the President. After 30 years of to that. I think that is great. I am ex- tinuing resolution, if amendments are basically dealing with the Great Soci- cited by the opportunity to do that. not laid on the table, then we could ety and what this group has done time Thomas Jefferson said that we do di- have a real problem. If we amend that after time, which is talk about how vide naturally in this country, regard- continuing resolution, it could mean much more we can spend, there has less of what the party is called, be- that the shutdown of the Government been no balanced budget for that whole tween those who think there ought to would begin over the weekend. We time, but simply a rush to spend more be an elite governing and we take the would have a real problem. and increase taxation. We have turned money from the folks and provide the The House of Representatives acted that around this year. We changed the programs and those who believe people responsibly. They have done their debate from where it has been for a ought to take care of themselves and work. And they have recessed until very long time. the Government’s role is to create an next week. So I urge my colleagues As to the continuing resolution, the environment in which the private sec- here in the Senate to think about this. President is probably going to sign it. tor can work. We are still divided that If you do start offering amendments They say this President is responsible. way. That debate, of course, will go on. and some of them, in fact, do pass, then The Congress is responsible for spend- So, Mr. President, I think today we you are flirting with real danger. And ing, and it is our responsibility. We are ought to say we have had a very suc- the blame will be on the Senate. It will the trustees that have that to do. cessful 1995. We have changed the de- be on those who offer these amend- I am, frankly, very proud of what we bate. We are structured differently. We ments which should not be considered have done this year. For the first time, are talking about the possibilities of in this forum and should not be consid- we presented a balanced budget to the reduction instead of the certainty of ered on this bill. President. Unfortunately, he vetoed it. increases. We are talking about a bal- So, I hope that we will get an agree- I do not think the President wanted a anced budget, and we have begun and ment on all three of these issues, take balanced budget at that time. But now made a downpayment on that. There is them up in speedy order, and complete we are talking about how you reduce a great deal to do, of course, but I be- our work this afternoon. spending, how you reduce the size of lieve we ought to recognize that we Mr. President, I yield the floor. Government rather than how much it have made a victory, that we have Several Senators addressed the could grow. For the first time, we will made some real progress, and that we Chair. make today a downpayment on a bal- ought to move forward. The PRESIDING OFFICER. The Sen- anced budget. We will have a budget at There are other things we need to do. ator from South Carolina. the end of this year that will be in We need to deal with welfare. We need f keeping with our 7-year effort to do to deal with regulatory reform. We that. That is progress. That is, I think, have some health reform that we ought THE DOD CONFERENCE REPORT a significant victory that should be to do. We have to empower the States Mr. THURMOND. Mr. President, I am claimed. It is the first step on the road to be able to do more of those things so very pleased that we were able to get to success. there is flexibility and fit. We have to another Defense authorization bill, and What about the change in the Presi- accept, probably most of all, the re- I want to commend Senator LOTT, Sen- dent’s behavior? I think that is signifi- sponsibility for paying for the benefits ator WARNER, and Senator COHEN, who cant as well. Three years ago the Presi- that we are now providing instead of have joined with me on the conference dent talked about more spending, and putting it on the credit cards for our committee to get this done quickly. We about investment. He talked about kids and our grandkids. have a good bill. stimulating the economy through So, Mr. President, I hear a lot of I suggest that we act on it and that spending. And we had the largest tax grumbling and wondering and confu- it be the first thing we do. I do not increase in the history of the world. sion. It seems to me that we have had think we need more than 45 minutes to Two years ago we were talking about a good year. We have done a very dif- decide; in other words, an hour and a placing one-seventh of the entire econ- ficult thing, and that is make a funda- half to complete this bill and sign it omy under the jurisdiction of the Fed- mental change in the direction that away. I hope it can be taken up at this eral Government in health care. This this Government is taking, one that I time. I understood, generally speaking, year the President is talking about the think is good for America, it is good that it would be taken up. I think peo- era of big government being over. Now, for all of us as citizens and taxpayers ple generally feel that it is to be the if that is not a change. I am delighted and, maybe most of all, it is good for first thing taken up today. for that. A year ago the President pre- our kids and our grandchildren.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S393 Mr. President, I yield the floor. body across the country and of my fel- and private use. That we look at what Mr. DEWINE addressed the Chair. low Senators. the military has and what the CIA has. The PRESIDING OFFICER. The Sen- Let me say a word or two about the We will have to have a classified brief- ator from Ohio. spectrum issue that has arisen. Our ing. Mr. DEWINE. Mr. President, I ask leader has, quite correctly, raised the We should not hold up the tele- unanimous consent to proceed for 10 issue of the spectrum. I would say this communications bill for that purpose. minutes. bill does not give the spectrum away as It is my hope that in a few days we can The PRESIDING OFFICER. Without it is written. We believe strongly that work out some language, or leave the objection, it is so ordered. there is some misunderstanding about present language in the bill. (The remarks of Mr. DEWINE, Mr. what the bill says about the spectrum. So we are making a good-faith effort. GLENN, and Mr. SPECTER pertaining to Indeed, this Senator tried very hard to I am saying that I do not think we can the introduction of S. 1529 are located put the spectrum auction issue into the solve all of the spectrum issues at this in today’s RECORD under ‘‘Statements reconciliation bill, and later have it time. I have tried to do it. The votes on Introduced Bills and Joint Resolu- dealt with as a budgetary matter. are not there. We are in a deadlock sit- tions.’’) The point before us is that we are uation. Mr. SPECTER addressed the Chair. going to have to have a broad spectrum Let us not lose the whole tele- The PRESIDING OFFICER. The Sen- bill. I like to call it a ‘‘grand spectrum communications bill over this matter. ator from Pennsylvania. debate.’’ I think the sale to MCI yester- It is too good a bill. We have worked (The remarks of Mr. SPECTER per- day, its new bid of approximately $680 long and hard. It is a bipartisan bill. It taining to the introduction of Senate million for something that was scored is the best bill in this Congress, in this Joint Resolution 48 are located in to- by CBO at less than $100 million, shows Senator’s opinion. It will create jobs in day’s RECORD under ‘‘Statements on In- the value that there is in the spectrum our country. It will provide a road map troduced Bills and Joint Resolutions.’’) and the potential savings to taxpayers. for investment. Mr. SPECTER. Mr. President, in the We have to think about the taxpayers. I urge that we act on it soon. I am absence of any other Senator on the It is not just the broadcasters who continuing to lobby our leaders and ev- floor, I suggest the absence of a use the spectrum. The spectrum is also erybody else. In fact, yesterday the quorum. used by people with handheld radios, spectrum and the telecommunications The PRESIDING OFFICER. The and by people doing radar photography. bill were the subject of Senator DOLE’s clerk will call the roll. The military has a good deal of spec- remarks when he traveled in South Da- The legislative clerk proceeded to trum allocated to it, as does the CIA. kota. I commend him again and thank call the roll. We need to educate ourselves and the him for his kind remarks about my Mr. PRESSLER. Mr. President, I ask people of the country about the value work on this bill. unanimous consent that the order for of all this spectrum use and what the I hope we can work out these prob- the quorum call be rescinded. taxpayers’ interest in it is. lems soon. I urge all groups not to slip The PRESIDING OFFICER. Without There has been very little, for exam- into lethargy. We have a lot of work objection, it is so ordered. ple, on television shows discussing the left to do on this bill. It will not pass f spectrum, strangely enough. We have automatically. We must keep working not had a feature on the spectrum and URGING SUPPORT FOR THE at it. That is what I am doing. That is its value to the taxpayers on ‘‘60 Min- TELECOMMUNICATIONS BILL what I urge my colleagues to do. utes’’ that I know of. Nor have we seen f Mr. PRESSLER. Mr. President, I Ted Koppel doing a feature on the spec- would like to report to the Members of trum and how valuable it might be to TRIBUTE TO BARBARA JORDAN the Senate the progress of the tele- the taxpayers. Ms. MIKULSKI. Mr. President, I rise communications bill and urge that all For some mysterious reason, there today to pay tribute to an extraor- Members continue to show great inter- have not been very many television dinary and brilliant woman—former est. I also urge all citizens interested shows on the networks that educate Congresswoman Barbara Jordan. I was in this legislation to show vigilance the public about the spectrum. I urge deeply saddened by Ms. Jordan’s death. and continue to support the bill and those shows to do so. She was very special to me, and to this urge that it be passed. In any event, it is not just the broad- country. She enriched and moved this As Members of the Senate know, con- cast spectrum we are dealing with Nation unlike any other American. sideration of this bill has gone on for a here. It is all the spectrum out there Barbara Jordan was in a class all by long time and it is a bipartisan bill. It that is being used. New technologies herself. I was fortunate enough to serve has attracted the support of many may make four or five uses out of the with her in U.S. House of Representa- groups across the country. We now spectrum where once only one use was tives. She taught me a lot about what have the regional Bell companies sup- possible. Something designed for one it means to be a tough advocate for the porting the bill and we have the long- use can now be used for transmitting American people. distance companies supporting the bill. data and other things. As new tech- Nothing stopped Congresswoman Jor- That is an unusual, rare moment in nology and new inventions come into dan from forging ahead—not race, not American history when the regional play, it may be worth four, five times gender, and not her illness. She lived Bells and long-distance companies are as much. Where once you might have her life as a teacher never giving in to temporarily at peace, so to speak. one TV channel, you now may be able the victim mentality. Not Congress- Indeed, the labor union, the Commu- to have four. You may be able to trans- woman Jordan. That was not her style. nications Workers of America [CWA], mit data on one station and do some- She had an immense impact on this yesterday sent a letter to Senator thing else with another. Nation, and yet, Barbara Jordan served DOLE urging that the bill be passed. So So the taxpayers have a real interest as a Congresswoman for only 6 years. this bill has gotten an unusual amount in this, as do budget balancers. We did But during that time, she used her of support. The big cable companies not really try to solve this problem in rich, booming and elegant voice, to and the small cable companies support the telecommunications bill. Some leave a powerful impact on this Nation. it. The broadcasters support it, to the misunderstandings are floating around. She believed, as I do, in letting your extent of what is in the bill now. We more or less delayed a decision on voice be heard. I know there is a dispute over the the spectrum in the telecommuni- She spoke forcefully about important spectrum area. What I am saying is cations bill. So I have suggested that national issues, and she had commit- that we have an historic opportunity to we have a grand spectrum debate and ment and conviction like none other. pass a bill. But if we hesitate very that we have a spectrum bill. We have She had a special kind of commit- long, this whole thing will come unrav- already had hearings. I suggest that we ment—the kind that’s hard to find. eled. I am very worried about it coming go through all the spectrum, from the She never wasted a breath on non- unraveled. So I rise to ask for the con- broadcasters’ use to other, different sense, but always spoke the truth so tinued vigilance and support of every- uses of it, including that held in public eloquently. She was a true pioneer for

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S394 CONGRESSIONAL RECORD — SENATE January 26, 1996 what’s right and for tackling what’s as he wanted me to. I have lived a long three Alabama Governors and is cred- wrong in America. She was the Na- life. I have received many blessings.’’ ited with saving the life of a civil tion’s conscience during Watergate and A.G. Gaston’s life did indeed have rights activist in Montgomery, died on helped restore America’s faith in the purpose and meaning, so much so that January 12, 1996 at the age of 76. Constitution. it is difficult to capture them in words. A native of Daviston, AL, located in That is why students lined up for Those who knew him, either directly or Tallapoosa County, he served in the hours at the LBJ School of Public Af- indirectly, knew what that purpose and U.S. Army Air Corps during World War fairs just to register for her class. Now, meaning were by the example he set II. As a tail gunner on a B–17 aircraft, that was a line worth standing in. and by the tremendous contributions he flew on 27 combat missions, includ- These students understood that it he made to those around him. He was a ing the first daylight raid on Berlin. He was a treat to be taught by this woman remarkable role model—a quintessen- received numerous awards for his brave of many firsts. The first African-Amer- tial American success story. There is service, including the Distinguished ican, and first woman, elected to the no doubt that he used his many gifts Flying Cross. Texas Senate. The first southern black and blessings and served his fellow man Floyd Mann was a rather remarkable elected to Congress since the Recon- in the way the Lord intended. In so person and leader. He served as chief of struction, and the only woman in her doing, he became one of God’s most police in Opelika, AL, from 1950 to 1958. law school class in Boston University. generous gifts to us. He earned praise for his rapid clean-up Barbara Jordan inspired us because Dr. Gaston will be greatly missed, of the town, which had suffered from she was a visionary who firmly be- but his legacy is one that will never corruption that had spread from near- lieved in this Nation’s potential. Our fade. I ask unanimous consent that a by Phenix City. The Governor at the country is different today because of Birmingham News editorial on his life time, John Patterson, appointed Floyd her and the strength, integrity and and work be printed in the RECORD. director of the Alabama Department of sensibility that she symbolized. There being no objection, the article Public Safety in 1959. Barbara Jordan was a great Amer- was ordered to be printed in the ican. She was proud to be black, proud RECORD, as follows: During his tenure, he made national to be a woman, proud to be a Texan, [From the Birmingham News, Jan. 21, 1996] headlines for his one-man charge into a and proud to be an American. I know ARTHUR GEORGE GASTON rioting mob that was beating a bus full she will live in our hearts and minds HIS DEATH IS A MONUMENTAL LOSS FOR of civil rights freedom riders at a forever. BIRMINGHAM Montgomery bus station in 1961. He He was as much an icon of Birmingham as was credited as having helped save the f is Vulcan, and the legend of A.G. Gaston was life of a black Tennessee student and a TRIBUTE TO ARTHUR GEORGE larger than life, as well. Birmingham newsman during that GASTON And like Birmingham’s man of steel, it was easy to think Gaston would be around for- painful incident. His heroic actions Mr. HEFLIN. Mr. President, thou- ever. earned him the United Press Inter- sands of people in Alabama and all over Friday morning, however, A.G. Gaston died national’s Man of the Year in Alabama the country were deeply saddened by in Medical Center East at the age of 103, a Award for 1961. the death of Dr. Arthur George Gaston monumental loss for the Birmingham com- Later, Floyd served as director of munity. on January 19, 1996. He was one of the Born on the Fourth of July in 1892, the public safety under Gov. Albert Brewer most successful businessmen of our grandson of slaves served in the Army with and was administrator of the State Al- time, as well as a generous philan- distinction during World War I, then took a coholic Beverage Control Board during thropist and civic leader who never for- job working in a dry cleaning plant for $5 a Gov. Fob James’ first term in 1982–83. got his humble beginnings. week. He also worked as an assistant to Uni- When I think of A.G. Gaston, many At a time when black entrepreneurs were versity of Alabama President David different facets of his life come to almost unheard of, Gaston began a burial in- surance business for black people that mush- Matthews, whom he followed to Wash- mind. Of course, his longevity, his busi- roomed into an empire which eventually in- ington, DC, to work with at the De- ness success, his compassion for the cluded real estate, radio stations, funeral partment of Health, Education, and less fortunate, his lifelong battle for homes and a motel. Welfare. civil rights, and his many tangible During the 1960s, Gaston, because of his While at the University of Alabama, contributions to his community, State, stature in the community, became a key fig- ure in tense negotiations between black and he was very active as the head of secu- and Nation are things that stand out. rity and was a great public relations But I am also reminded that Dr. Gas- white leaders as Martin Luther King’s cam- paign in Birmingham brought worldwide at- person for the school. He knew almost ton was born on the Fourth of July in tention. all of the alumni personally, and al- 1892. He shared his birthday with our Gaston actually worked behind the scenes ways greeted them with a bright smile, Republic, and in many significant and to get King out of town, until he saw firm handshake, and warm conversa- firehoses tumble a little girl down the street. profound ways, he and the Nation grew tion. up and matured together during those Many will remember Gaston for his busi- more than 100 years of his lifetime. It ness acumen and how he developed other I remember being in Tuscaloosa, black business people; for his rules for suc- was so fitting that he was born on the where the university is located, many cess that sound almost quaint but still apply times and going by the old Stafford Fourth of July, the founding of our in today’s world (‘‘Save a part of all you country, for he was truly the American Hotel early in the morning where a earn. Money doesn’t spoil. It keeps.’’); for his group of local citizens would be gath- dream personified. role in Birmingham’s civil rights struggles; During his long and unusually pro- for virtually giving away his empire to em- ered for coffee. Floyd would always be ductive life, Dr. Gaston helped count- ployees in the 1980s; for his work with the right at the center of the group. Dif- less young people obtain an education, city’s Boys’ Clubs of America. ferent people would come in and he Perhaps the best way to remember Gaston, supported numerous causes, including would stay and meet with the groups. though, is the way former Mayor David Vann He was well liked and deeply respected. the civil rights movement, and inspired recalled him Friday. several generations to achieve great Gaston’s greatest attribute, Vann said, was Floyd Mann was one of those people things through hard work, persever- that ‘‘he proved a person in a very sup- who never failed to do what was right, ance, and a commitment to lifelong pressed minority, with little formal edu- even if it meant risking his personal learning. He served his church and his cation, could lead a very successful life and safety. He knew the meaning of being people with passionate dedication, en- proved to our society that a good person can neighborly, of treating others the way set important standards for the society in ergy, and wisdom. he wanted to be treated. He took a con- which he lives.’’ siderable degree of pride in his work, Just a few short years ago, as he He will be missed. and seemed genuinely excited about celebrated the anniversary of his 100th f birthday, Dr. Gaston remarked, ‘‘The the things he did and about the people Lord has seen fit to let me live to this TRIBUTE TO FLOYD MANN around him. age for a purpose and it is my hope Mr. HEFLIN. Mr. President, Floyd H. I extend my sincerest condolences to that I have served him and my people Mann, who served in the cabinets of Floyd’s wife of 51 years, Grace, and

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S395 their entire family in the wake of this actly new anymore, Mr. President, but U.S. DEPENDENCY ON FOREIGN tremendous loss. he remains one of the brightest stars in OIL BOX SCORE (FIRST REPORT) f his party. It is a shame to see him Mr. HELMS. Mr. President, I have TRIBUTE TO JUDGE JAMES H. leave when he seems in many ways been deeply troubled for most of the 23 TOMPKINS more brilliant than ever. years I’ve been a Member of the Senate about the United States having become Mr. HEFLIN. Mr. President, I want Senator COHEN became the senior more and more deeply dependent upon to pay tribute to a dear friend of mine, Senator from Maine at a very early foreign countries—many in the highly Judge James H. Tompkins, who passed age, and it was a title that he carried volatile Middle East—to supply the away on January 9, 1996 at the age of with determination and distinction. He bulk of the energy needs of the Amer- 84. He had an abiding love for politics, quickly established himself as a leader ican people. I held hearings on this per- public policy, and the law, and was on foreign policy issues, playing a key ilous problem when I was chairman of known in Democratic circles all over role in shaping the foreign policy that the Agriculture Committee a decade the country since he attended so many prepared America for the gulf war and ago, and more recently in my capacity Democratic national conventions over the new world order of the 1990’s. as chairman of the Foreign Relations the years. Early on in his Senate career, the Committee. Jimmy Tompkins was a life-long temperate young Senator from Maine The administration acknowledges resident of my home county, Colbert opposed adoption of the SALT II Trea- that this is a national security con- County, AL. He was a graduate of the ty out of concern that it failed to take cern, but, Mr. President, there obvi- University of Alabama and was a pro- a hard enough stand against the Sovi- ously is a lot of fiddling while Rome bate judge, district attorney, and prac- ets. He was simultaneously an burns—the administration has done ticing attorney in the county. He was a unyielding advocate for a strong na- precisely nothing about U.S. depend- veteran of World War II, having served tional defense. His stance proved that ency on foreign oil. as lieutenant colonel in the Judge Ad- Mr. President, Americans now are vocate General’s Office in Europe, Afri- one did not have to be an extreme and forced to rely on foreign oil for more ca, India, China, and Burma. ardent conservative to have a patriotic than 50 percent of our needs. Not too The family of Judge Tompkins is belief in the importance of protecting long ago, 50 percent was pegged as the truly one of judges. He served as pro- our country’s security. perilous threshold which must not be bate judge of Colbert County. His fa- He continued to serve as a distin- crossed. But, it was crossed, under ther, Nathaniel Pride Tompkins, also guished leader on foreign policy issues, President Clinton’s watch, after U.S. was a Colbert County probate judge, as employing intelligence and fore- blood was spilled in the Middle East in was his wife, Maybeth Robbins Tomp- thought that often put him ahead of Desert Storm. kins, who succeeded Jimmy as the the curve. He spoke out strongly So, Mr. President, I begin today a re- judge of probate. Their son, Pride against Saddam Hussein’s stockpile of port on this matter, a report that I will Tompkins, is currently a circuit judge chemical weapons long before August make to the Senate regularly. The in Colbert County. Jimmy’s brother-in- of 1990. He also advocated redesigning American Petroleum Institute has con- law, David ‘‘Pal’’ Cochrane, served as our Navy to employ a greater number firmed that, for the week ending Janu- judge of probate of Tuscaloosa County. of smaller ships, with the massive sea- ary 19, the United States imported Jimmy was an outstanding trial law- lift capability that the post-cold war 7,696,000 barrels of oil each day, 12 per- yer long before he became a probate world requires. Our Nation’s shining cent more than the 6,488,000 barrels im- judge. He practiced with the firm of success in the gulf war was due to a ported daily 12 months ago. Smith, Tompkins & Hughston, one of great many factors, but any attempt to Mr. President, as I say, I shall report the leading firms in the State. Partner take account of all those factors must to the Senate—and to the American James E. Smith was a State senator at note the shifts in our Nation’s defense people—on a regular basis regarding one time and was also the Democratic strategy during the 1980s in which Sen- the increasingly dangerous U.S. de- national committeeman from Ala- ator COHEN played a large part. pendency on foreign oil. We must not bama. Partner Harold V. Hughston delay in seeking to solve this troubling served as a circuit judge of Colbert On domestic issues, Senator COHEN problem. County. has taken a careful, reasoned approach. He had a wonderful, pleasing person- He has refused to sit beholden to any f one ideology or dogma, instead show- ality. The smile he always had on his THE BAD DEBT BOXSCORE face was hard to forget. Jimmy Tomp- ing an unwavering commitment to the kins had many friends and he was a interests of his constituents. He op- Mr. HELMS. Mr. President, as of the great friend to many, including me, posed a large dam project in Maine close of business Thursday, January 25, over the years, and will be sorely that threatened the environment of the Federal debt stood at missed. that beautiful State, and he pushed $4,988,163,912,933.72, about $12 billion I extend my sincerest condolences to hard to relax stringent Social Security shy of the $5 trillion mark, which the Maybeth Tompkins and her entire fam- disability requirements. Many have Federal debt will exceed in a few months. ily in the wake of their tremendous called Senator COHEN a persistent mod- loss. erate in his own party. Well, Mr. Presi- On a per capita basis, every man, woman, and child in America owes f dent, if being a party moderate means recognizing the fact that, where pos- $18,933.50 as his or her share of that SALUTE TO RETIRING SENATOR debt. WILLIAM S. COHEN sible, the Government should try to help out folks who need a hand, or hav- f Mr. DODD. Mr. President, I would ing the courage to speak out against CHINA-TAIWAN RELATIONS like to take a moment to honor one of those who would, out of misplaced zeal the many—and I might add that there and foolhardy arrogance, undermine Mr. THOMAS. Mr. President, I rise today as the chairman of the Sub- are far too many—colleagues of mine our Constitution, then I say we need who have announced they will be leav- committee on East Asian and Pacific more of it. ing us at the close of this session. Sen- Affairs to express my concern at recent ator WILLIAM SEBASTIAN COHEN an- Mr. President, Senator COHEN and I reports in the domestic and foreign nounced his retirement recently, and I came to the Senate only 2 years apart. media that the Government of the Peo- would like to pay tribute to this close Over the years, I have come to count ple’s Republic of China has formulated friend of mine. him as a close friend, and I am sure we plans for a military invasion or block- Early on in his career in the Senate, will remain close even after he leaves ade of Taiwan. in 1978, Time magazine called Senator here. But I will still miss him, and I These reports surfaced first a month COHEN ‘‘one of the GOP’s brightest new will always be grateful for his loyal or two ago in Hong Kong papers known stars.’’ Well, Senator COHEN isn’t ex- service to this Chamber. to be sympathetic to Beijing—known,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S396 CONGRESSIONAL RECORD — SENATE January 26, 1996 in fact, to be instruments of the Chi- 7 and F–8 long-range bombers and air- for the People’s Republic of China, nese Government—such as Ta Kung craft to bases within 250 nautical miles under the guise of reuniting the moth- Pao. It was further reported in the of Taiwan. There have also been re- erland to unilaterally dictate the colony’s more mainstream papers, in- ports that the People’s Liberation terms, timing, or conditions of that re- cluding a series of reports in the East- Army-Air Force has stepped up prac- unification. ern Express. Clearly, the initial dis- ticing precision bombing and missile The People’s Republic of China covery of this information was not the targeting. should make no mistake; I strongly be- result of investigative reporting on the It was no accident that the tests were lieve that any attempt to establish a part of these papers. Rather, it shows so close to Taiwanese territory, or that military or economic blockade of Tai- all the signs of having been an orga- they coincided with Taiwan’s regional wan, or other such military threat, will nized leak on the part of the Beijing elections. The message to Taiwan was be met with by the most resolute con- Government. The same information clear: ‘‘continue down this road, con- demnation and reaction on the part of has been relayed to us through high- tinue to move forward toward a com- the United States, and indeed the rest level channels in the People’s Republic plete democracy, and we are more than of the community of nations. It is my of China Government and military. capable of reacquiring you forcibly.’’ view that actions such as the missile The purpose of the leak appears to This message is similarly timed; it tests and threat of military force will me to be three-fold. First, it must be comes very close to Taiwan’s first fully have the exact opposite of their desired viewed in light of the present political democratic elections, scheduled to be outcome. As we have seen, the people situation in the People’s Republic of held in March. of Taiwan did not let themselves be in- China. As my colleagues know, while Third, it appears that the informa- timidated at the polls by the launching President Jiang Zemin is substantially tion was intended to send a signal to us of Dongfeng missiles. I believe that in control of the Government as the in Congress, as well as the administra- such threats can only serve to make successor to Deng Xiaoping, the succes- tion, that we should rein in our support them more resolute in their goals. sion is far from being settled with ab- for Taiwan and its elected leaders, and Similarly, it is my opinion that such solute finality. As a result, the leader- reconsider any thought of supplying actions can only backfire in regards to ship has been careful to court the con- Taiwan with defensive weapons or their intended effect on the United servative elements of the power struc- similar support. It will not surprise States. The People’s Republic of China ture: the People’s Liberation Army anyone here that Congress has been would do well to remember the provi- [PLA]. The PLA, like armies every- supportive of Taiwan and its people. sions of the joint United States-Peo- where, tends to be very nationalistic, Since 1949, the citizens of Taiwan have ple’s Republic of China communiques, and the reacquisition of Taiwan is at made amazing strides in developing and more importantly of the Taiwan the top of its wish-list. Consequently, their country both economically and Relations Act. We have stated repeat- the People’s Republic of China leader- politically. Taiwan has become the edly that we expect the future of Tai- ship has taken a more hardline ap- world’s ninth largest economy; more- wan to be settled by peaceful means, proach to the Taiwan question than over, it has moved from a military au- and that we consider any move to set- tle it by other than peaceful means to might usually be expected. thoritarian government to oligarchy to ‘‘be a threat to the peace and security Second, many observers—and the full participatory democracy. That of the Western Pacific area and of Taiwanese officials with whom I have move will be capped in March by the grave concern to the United States.’’ spoken—believe that the leaked infor- first democratic election of the coun- The Taiwan Relations Act, and the mation is designed to intimidate the try’s President. Given this progress, I communiques, safeguard our right to Taiwanese people and their elected of- know that many Members of Congress, sell Taiwan weapons to enable it to ficials. The People’s Republic of China and the American people, cannot help protect itself from aggression. If the believes that over the last year the but feel a bond with the people of that People’s Republic of China continues to Government of Taiwan, led by Presi- island. It is that bond that worries the threaten Taiwan and its security, then dent Lee Teng-hui, has been increasing People’s Republic of China, and which it is not out of the realm of possibility its attempts to raise Taiwan’s status in it seeks to stem. that in reaction the amount and fre- the international arena. They cite in- The Chinese Foreign Ministry, quency of those arms sales might in- creased diplomatic initiatives in Cen- through two of its spokesmen, Shen crease. tral America and Africa, the visits of Guofang and Chen Jian, issued a some- In closing Mr. President, while I be- President Lee and other high-level offi- what vague denial of the reports. I lieve that the reports—especially that cials to countries such as the United would like to take that denial at face in —have tended States, Canada, and the Czech Republic value, and indeed the reaction in the toward the alarmist, I feel it is very last summer, and moves to join the military and intelligence circles here important that the People’s Republic U.N. and other international organiza- has been that the entire issue may be of China know exactly where I stand on tions. somewhat overblown. I would stress this issue. That is why I have come to The People’s Republic of China ap- that there is no concrete proof of the the floor today. And similarly, toward parently regards these efforts as an af- allegations but for the news reports. that end I call upon the administration front to their one-China policy, and a However, as we have seen in the past, to relay our position to Beijing in the move by Taipei to create two Chinas or sometimes the denials of the Ministry clearest and most unequivocal terms. one China, one Taiwan. In an effort to do not match the Government’s ac- f stem this rising tide, Beijing has re- tions. Just in the unlikely event that sorted to a number of reactions. The this is the case, I’d like to make my THE FARM BILL People’s Republic of China conducted a position as the chairman of the sub- Mr. BUMPERS. Mr. President, for series of provocative air-to-air missile committee of jurisdiction clear. the first time in nearly half a century, tests from July 21 to 26 in an area only I will agree, to a point, with Beijing’s we are rapidly approaching the end of 60 kilometers north of Taiwan’s assertions that any eventual reunifica- the first month of the first year in Pengchiayu Island. The missiles fired tion of the People’s Republic of China which American farmers are without a consisted mainly of Dongfeng-31 and Taiwan is an internal affair for the farm bill. To those not directly en- ICBM’s and M-class short-range tac- Chinese people in which other coun- gaged in agriculture, this fact may be tical missiles. At the same time, the tries should not interfere. But I cannot little more than a slightly interesting PLA mobilized forces in coastal Fujian stress strongly enough my feeling that footnote to a much larger story of Province and moved a number of Jian- it is not the People’s Republic of Chi- deadlock in Washington. Actually, the 8 aircraft to the coast. Following those na’s internal affair alone; it is one for only people not involved in agriculture tests, the PLA conducted a second Chinese on both sides of the Taiwan are those who don’t eat. But to men, round of similar maneuvers between Straits to decide. There are 27 million women, and families across this Nation August 15 and 25. In conjunction with people in Taiwan who have made clear whose livelihood comes from the pro- these tests, Taiwan intelligence re- their desire to live in a free and demo- duction of food and fiber, this simple ported the movement of a number of F– cratic society. It is consequently not fact is keeping them awake at night.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S397 What is most striking and most dis- he could not even secure passage of his It is fortunate for America’s farmers quieting about the failure to enact a bill in his own committee—even the that these laws exist, not because they farm bill on time is the apparent dis- ranking Republican member voted are good policy for the 1990’s, but be- regard by some Members of Congress to against it. The Senate Agriculture cause they serve as a hammer that the plight of family farmers who are Committee never gave it any serious should persuade Congress to reauthor- desperately calling me and other Sen- consideration because they saw the ize the 1990 farm bill. If we revert to ators for some signal of what to expect flaws it contained. The fact that it was permanent law a couple of things will for the 1996 crop year. You can’t blame wedged into a reconciliation bill com- occur: First, there is no specific rice them. If you look at the calendar you pletely outside the purview of any agri- program and the Secretary will have to will see it is 1996 and farmers in my culture committee—House or Senate— rely on very broad authorities to pro- State, especially rice farmers, need to begs the question whether agriculture vide some sort of price support mecha- be in the fields in the next few weeks. committees are relevant any longer. nism; second, wheat and feed grain Unfortunately, before they go into the Even the House Speaker’s task force on prices would go through the roof. In ad- fields, most farmers need to go into committee review has suggested termi- dition to these features, there are a their banks. But bankers are unable to nating the House Agriculture Com- host of other arcane provisions that complete loans due to the uncertainty mittee and merging its responsibilities would further complicate the lives of in farm policy that has resulted from with other committees. The inability farmers and those responsible for ad- just 1 year of Republican majorities in of the House Agriculture Committee to ministering farm policy. Congress. report a 1995 farm bill will probably do Some farmers might fare well under I have heard several Senators try to little to dissuade the speaker from the permanent law. For those farmers lay the blame for the expiration of recommendations of his own task lucky enough to still have acreage al- farm legislation on President Clinton force. lotments that were established decades for vetoing the budget reconciliation The Republican majority may have ago, they will receive prices tied to bill which contained a version of the failed to include Democratic participa- parity which means the price they re- so-called Freedom to Farm Act. This, tion in writing a farm bill because they ceive will give them the same buying they say, was the 1995 farm bill which thought we didn’t want farm program power the price for their crop held be- was voted, passed, and sent to the reform. If that was their reason, they tween 1910 and 1914. In some ways it’s President. What they fail to mention is were badly mistaken. Senate Demo- like playing the lottery. If you are one that everyone knew for months that crats, myself included, want serious of the lucky ones, you will receive more in payments than you ever ex- the reconciliation bill, with or without farm bill reform and we know the only pected. If your luck has run out, you freedom to farm, was going to be ve- way to achieve it is through serious may receive nothing. With feed grain toed. the Republican majority in Con- farm bill debate. If we had been al- prices doubling or tripling, if you are a gress knew, far in advance, that if they lowed to participate in the debate—if producer of beef, pork, poultry, catfish, insisted on freedom to farm being part there had been a debate—I do not be- bread, cookies, pasta, et cetera, or if of the budget reconciliation bill, there lieve we and, more importantly, Amer- you are a consumer of any of the ica’s farmers would be in the desperate would be no farm bill unless they took above, you are going to see your costs other action to secure passage of farm situation we now find ourselves. There skyrocket. Farmers have long had to legislation outside the budget rec- are lots of good ideas out there. There deal with the weather, markets, and onciliation process. The Republicans are some I would like to offer, there other unknowns. They should not now are in charge of the House and Repub- are others I would like to learn more have to be asked to bear the additional licans are in charge of the Senate. about, but ideas do not grow well in a uncertainty of playing the lottery as They clearly had the opportunity and vacuum outside the light of public de- well. the power to take other action and bate. We deserve better and, without Farmers need certainty. Earlier this they not only failed, they failed to try. question, rural America deserves bet- week, it was mentioned that an exten- Not only has the Republican major- ter. sion of current law provides no ‘‘cer- ity failed to achieve any positive re- We can do a lot of finger pointing, tainty’’ and only passage of freedom to sult, they have even refused the assist- but that really accomplishes little, and farm would give farmers ‘‘certainty’’ ance of their Democratic colleagues. nothing positive. Farmers in my State for the future. In fact, it was suggested Next to the harm being thrust on the and farmers in every State can not be that if we extended current law, the American farmer, the most troubling told to wait another day for farm pol- only certain thing to happen imme- aspect to the farm bill failure of 1995 is icy guidance. I wish we had time to diately is the repayment of the 1995 ad- the untimely demise of traditional have the farm bill debate we have re- vance deficiency payments which farm-State coalitions. In every farm quested for more than a year. I wish we would further cripple farmers trying to bill debate I can remember, farm-State had time to enact a new 5 or 7-year advance a 1996 crop. I will ask to have Senators, regardless of party affili- farm bill to completely replace expir- printed in the RECORD an announce- ation, were able to come together in a ing farm and nutrition programs. How- ment by Secretary Glickman on De- common purpose. To us, that purpose ever, the calendar tells us the time cember 22 that advance deficiency re- had been to pass a farm bill that is in necessary to do all those things has payments are deferred for 3 years, the best interest of the American farm- been lost. All that we have time to do, which was the extent of action he was er and the American consumer while and what we must do, is to enact an ex- authorized to take. This clearly will all the time recognizing the unique na- tension of expired programs for an- give Congress time to deal more thor- ture of the farm sectors of our respec- other year in which farmers can do oughly with this important matter. tive States. But, for some inexplicable what they do best and we can do what Secretary Glickman has already of- reason, the Republican majority made hasn’t been done at all: debate and pass fered American farmers the certainty the decision to disregard this practice a farm bill. of knowing there will be no near-term which has given rural America success- What happens if Congress does noth- demand for repayment. He should be fully enacted farm bills for nearly five ing? What happens if Congress defaults commended for taking this action and decades. The result of that decision on its responsibility to rural America? I fully expect that we will be able to should have been obvious, but now even As unlikely as that seemed 1 year ago, more fully resolve this problem before the Republican majority has to admit we now have to seriously examine the the end of the 3-year period. that they couldn’t do it alone. consequences of procedure in 1996 with It was further suggested, earlier this In fact, when you look at how we got no congressional action on farm policy. week, that if we passed the Freedom to in this mess, it becomes clear that Should that occur, and I truly hope it Farm Act, farmers would have the cer- there was no real agreement within the does not, farmers would then turn to tainty of knowing they will receive Republican majority about farm pol- the programs available under the CCC $43.5 billion in payments over the next icy. The so-called Freedom to Farm Charter Act and the agricultural acts 7 years. I do not question the intent of Act was introduced by the chairman of of 1938 and 1949, the so-called perma- my Republican colleagues in the Sen- the House Agriculture Committee, but nent law. ate that they hope these payments

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S398 CONGRESSIONAL RECORD — SENATE January 26, 1996 would, in fact, be made over the 7 leged promises of 7 years of payments, ability to rotate crops in a manner years—although knowing the history I had asked for an opinion by the Na- that best serves their conservation of the House majority leader’s at- tional Center for Agricultural Law Re- needs. We can do that, and we must. tempts to kill farm programs, I am not search and Information as well as lead- Republicans and Democrats have prov- so sure about the underlining intent of ing law schools with strong agricul- en in farm bills past that we can work that body. But I must question any use tural law programs around the country together. We ask now for a 1-year ex- of the term ‘‘certainty’’ that has been and they all concur that there is noth- tension of current law with certain attached to these payments. ing in the freedom to farm provisions modifications. All it takes is 1 year to Perhaps the most egregious feature that guarantees payments over 7 years. write, debate, and pass a farm bill. Al- of the freedom to farm scheme is the Why is this fact so important? Why though 1995 was not such a year, there payment of large sums of money to should farmers be concerned if Con- is not reason why 1996 can’t be. farmers in years when crop prices are gress can change its mind in a year or I ask unanimous consent that the an- bringing record profits and even to two? What does all this have to do with nouncement by Secretary Glickman, to farmers who have no requirement to ‘‘Certainty’’? With all due respect to which I earlier referred, be printed in farm anything at all except the Federal farm programs enacted by Congress the RECORD. Treasury. Since their inception, farm and administered by USDA, there are There being no objection, the an- programs have been designed to allow many critics of these programs who nouncement was ordered to be printed payments to farmers only when crop would be eager to point out the out- in the RECORD, as follows: prices have fallen below set levels. This rageous use of tax dollars to pay huge GLICKMAN IMPROVES REPAYMENT OPTIONS FOR provided a form of safety net that has sums to farmers when market prices PRODUCERS FOR ADVANCE DEFICIENCY PAY- helped stabilize the farm economy and are high or who have opted to spend MENTS avoid the tremendous social disrup- the growing seasons in the Bahamas. It WASHINGTON, Dec. 22, 1995—Agriculture tions that we witnessed during the would only take a few headlines and a Secretary Dan Glickman today announced Great Depression. But I must warn my few news magazine television programs that wheat, feed grains, and upland cotton Republican friends who think they are to draw the wrath of the nonfarm pub- producers who must repay their 1995-crop ad- protecting rural America, that pro- lic to force Congress to end, once and vance deficiency payments will be able to viding large payments to farmers dur- for all, farm programs. repay under more equitable terms than in It takes little imagination to con- the past. Those producers will likely owe ing periods of high prices or to farmers about $1.7 billion in the latter part of 1996. who no longer farm is an invitation to clude that media scrutiny of freedom Glickman said USDA’s Commodity Credit disaster, the biggest farm disaster we to farm, once put into practice, would Corporation will propose changes is current have ever seen. likely result in not only a loss of the regulations to give producers expanded re- I realize that the Freedom to Farm remaining freedom to farm payments, payment options, including the option to Act makes reference to the term ‘‘con- but of the possibility of any Federal repay in installments over a three-year pe- tracts’’ which suggests a guarantee of support for farmers in the future. If riod, with all of the interest waived, depend- payments over the 7-year period. I also anything is certain, it is that farmers ing on a producer’s circumstances. USDA has realize that many Members of Congress would be without farm programs a lot no legal authority to waive repayment of ad- vance deficiency payment. have been trained in the legal profes- sooner than they expected. As I sug- ‘‘I’m especially concerned about producers sion and have had more than a cursory gested earlier, such a result would not who did not have a 1995 crop and are still re- review of the elements of a contract. be far removed from the stated objec- quired by law to repay their advance defi- But the requirements of protecting tives we have heard expressed for years ciency payments,’’ Glickman said. ‘‘To ease against the abrogation by a future Con- by the current House majority leader- their financial burden, my proposed action gress of ‘‘contracts’’ described in legis- ship. Earlier this week, there was an will allow them to repay over 3 years with no lation go far beyond simple contract attempt on this floor to repeal by interest. law. American farmers know what a unanimous consent the underlying ag- ‘‘These actions will affect about 90 percent of the producers of these crops,’’ Glickman contract is, or should be, and I am ricultural acts which we refer to as said. ‘‘To ask for a repayment of this mag- afraid they are being led to believe permanent law. Farmers may have nitude without better terms and conditions that the Freedom to Farm Act is talk- more to worry about than they realize. would put severe financial pressure on many ing about contracts in the normal Yes, farmers are asking for certainty, producers who are trying to recover from a sense of that term. but I don’t believe they are asking for series of bad weather disasters. The abrogation of contracts executed the certainty of bankruptcy. ‘‘We’re nearing the end of the year and we through the authority of congressional Mr. President, it would be truly trag- still have no Farm Bill,’’ Glickman said. ‘‘At legislation is nothing new to the Fed- ic if the tactics that shut down the a time of uncertainty—the Clinton Adminis- tration is taking this action to give pro- eral courts. The contracts discussed in Federal Government for an unprece- ducers clear direction, so they can start the Freedom to Farm Act are not pro- dented 27 days are now used to shut planning for the coming year.’’ tected by the contracts clause of the down the farm sector, possibly for all Details of the proposal are outlined in FSA U.S. Constitution. The contracts clause time. Clearly, the freedom-to-farm pro- Backgrounder #0864.95. is found in section 10 of article I which visions are not acceptable to me, they f states: ‘‘No State shall * * * pass any are not acceptable to my Democratic * * * law impairing the obligation of colleagues. If passed they will once NEIGHBOR DAY IN WESTERLY contracts * * *’’ (emphasis added). In again be rejected by President Clinton, Mr. PELL. Mr. President, I rise today fact, case law concludes that the sov- and they will be rejected by every to recognize the efforts of citizens of ereign power of Congress to subse- member of the farming community the town of Westerly, RI, and the mem- quently amend legislation—and con- once farmers are given the opportunity bers of its town council in promoting tracts authorized by such legislation— to see through the candy store glitter Neighbor Day. is implied in the absence of ‘‘unmistak- of allegedly promised payments. The In 1993, a feud between teenagers able terms’’ or other strong indications task before us now is to move the proc- took a tragic turn at a local arcade, that Congress clearly intended to bind ess forward to give farmers some im- leaving one youth dead and another the actions of a future Congress. mediate guidance for the crops they charged with murder. Since then, this It has been my opinion that nothing need now to put in the ground and for community has come together to en- in the freedom to farm provisions that all of us in Congress to finally work to- sure that such senseless violence is not were appropriately vetoed by President gether to craft a reasonable farm bill repeated there or anywhere else. Clinton approaches the threshold of to take American agriculture into the For the past 4 years, Westerly has ‘‘unmistakable terms’’ necessary to next century. honored the spirit of neighborliness, limit the actions of a future Congress. I know there are some reforms that tolerance, and civility by designating My opinion is also shared by many we should all agree on that we can in- the Sunday before Memorial Day as legal experts from around the country. clude in a farm bill extension. Farmers Neighbor Day. Because of my concerns that the Amer- need flexibility to better adjust to Now, the Neighbor Day tradition is ican farmer was being misled by the al- changing markets and to give them the spreading. The Rhode Island General

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S399 Assembly has designated Neighbor Day ties to hear their views on this difficult Frank Howard was the man who be- for statewide observance, and the West- matter, and of characterizing the op- came synonymous not only with erly Town Council would like to see posing views on that issue. I would par- Clemson football, but with Clemson the tradition become nation-wide and ticularly like to commend my friend athletics. It is with great sadness that ultimately worldwide. George Mitchell for the fine work he I rise today to mark his passing, and to I hope my colleagues will join me and has done in this regard. pay tribute to him as a coach, a role keep the sentiments of the people of The report lays out a very balanced model, a man, and a friend. Westerly close to our hearts and minds set of recommendations focusing on six Frank Howard dedicated his life to always, but particularly, this year, on principles. Among other things, it rec- Clemson University and its football May 19—the day Westerly will cele- ommends that the parties to the con- program. He loved that school so much, brate Neighbor Day. flict ‘‘affirm their total and absolute that after he retired from coaching, he Mr. President, I ask unanimous con- commitment’’ to democratic and exclu- remained in South Carolina and con- sent that resolution of the Westerly sively peaceful means of resolving po- tinued to be an important part of Town Council, urging local recognition litical issues, to the ‘‘total disar- Clemson University campus life. Not of Neighbor Day, be printed in the mament’’ of all paramilitary organiza- only did Frank attend virtually every RECORD. tions, and that they renounce and op- Tiger home game, he maintained an of- There being no objection, the mate- pose any effort to use force or threaten fice in the Jervey Athletic Center and rial was ordered to be printed in the to use force to influence the all-party was affectionately, and appropriately, RECORD, as follows: negotiations. given the title of ‘‘Legend.’’ During his TOWN OF WESTERLY—RESOLUTION The report recognizes that ‘‘there is career, Frank amassed one of the most Whereas, the Town Council of the Town of clear commitment’’ to decommission impressive victory records in college Westerly, County of Washington and State of weapons as part of the process of all- football, fielding winning teams year Rhode Island, adopted a resolution to cele- party talks. It suggests that the par- after year, and capturing several At- brate Neighbor Day in May each year on the ties consider decommissioning during, lantic Coast Conference champion- Sunday before Memorial Day weekend in the rather than before or after the process ships. In addition to his skills as a Town of Westerly; coach, Frank was a gifted recruiter, Whereas, the Town of Westerly proudly of all-party negotiations. displays the adopted Neighbor Day logo on The report also includes a series of and that combination ensured that the Town of Westerly Calendar each year on further confidence building measures Clemson always had a team of enthusi- the Sunday before Memorial Day weekend that might be taken. On the question astic, talented, and well coached play- and places a proclamation in the Town’s ar- of elections, it suggests that ‘‘elections ers. Countless individual and team chives for posterity; and held in accordance with democratic records were set by Clemson players Whereas, through the effort of our local principles express and reflect the pop- during Frank’s three-decade tenure at legislators, the General Assembly of the ular will’’ and that ‘‘an elective process the University, and many of his players State of Rhode Island and Providence Plan- went on to become some of the most tations passed legislation designating this could contribute to the building of con- special day to be observed in communities fidence.’’ respected individuals to take to the throughout the State: Now therefore, be it The report does not suggest, how- gridiron in the National Football hereby ever, that elections proceed all-party League. Resolved, That the Westerly Town Council talks. I know there is real concern Frank was the first to admit that with deepest respect for all our Rhode Island among the various parties about the there was no secret to how he won foot- legislators and United States Congressmen British Government’s subsequent pro- ball games: he believed in playing ag- that they unite with one heart in a collabo- posal that elections be held prior to gressive football. As he said time and rative effort to aid in the reintroduction of all-party talks as such elections might time again, ‘‘Blocking and tackling Neighbor Day as a national day and through our representative to the United Nations to further delay the process. wins games.’’ While Frank stood for introduce and pass a world-wide Neighbor Perhaps most importantly, the re- little nonsense as a coach, as some Day to be celebrated the Sunday before Me- port reminds us that ‘‘for nearly a year thought him gruff, he was a man who morial Day weekend in May of 1996 and each and half, the guns have been silent in truly loved his players and set an ex- year thereafter; and be it further Northern Ireland’’ and that ‘‘the people ample for them to be individuals who Resolved, That the Westerly Town Council, want that silence to continue.’’ For not only truly loved his players and set in an effort to help our Congressman, hereby that to happen, there must be contin- an example for them to be individuals submits petitions signed by many citizens of ued momentum in the peace process. who not only had a commitment to all ages in our community to be used solely for this purpose and presented in support of The timely release of this report has winning, but to good sportsmanship as this worthwhile effort in the hopes that gone a long way toward keeping the well. As any coach would be, Frank Neighbor Day will be recognized and cele- process moving. Delays at this junc- was proud of his players who went on brated throughout the world. ture could scuttle the very real to play professional football, and be- f progress that has been made to date. lieve me Mr. President, there was no In establishing the International shortage of such individuals. Through MAINTAINING THE MOMENTUM Body, Prime Minister Major and Prime the years, Tigers have played on prob- FOR PEACE IN NORTHERN IRE- Minister Bruton took decisive action ably every team in both the American LAND to break the deadlock that had beset and National Football Conferences. Mr. PELL. Mr. President, earlier this the negotiations. Let us hope that What separated Frank from many week, the International Body chaired they, as well as all parties in Northern other coaches is that he was equally by the Honorable George Mitchell, the Ireland, will continue their courageous proud of his players who never made distinguished former Senate majority steps for peace. the roster of a pro team, but who con- leader, issued its report regarding the f tributed to the growth and success of Northern Ireland peace process. Spe- South Carolina. Frank was always TRIBUTE TO THE LATE COACH cifically, the International Body was quick and pleased to note that many of FRANK HOWARD charged by the British and Irish Gov- his former players went on to become ernments with examining the twin Mr. THURMOND. Mr. President, one influential and respected leaders in tracks in the peace process—namely of the most famous institutions of the professions as diverse as the law, medi- the decommissioning of weapons and South is college football. For decades, cine, business, academics, and religion. all-party talks. southern colleges and universities have No doubt, their accomplishments are in As my colleagues are aware, the cur- produced powerhouse teams that domi- large part attributable to the influence rent sticking point in the peace process nate bowl games and yield some of the that Frank Howard had on them while is the relationship between the decom- most talented players that are to be they were young men. missioning of weapons and the con- found among professional football Mr. President, Frank Howard was vening of all-party talks. The Inter- clubs. Without question, the Clemson once quoted as saying, national Body has done an excellent University Tigers is one of the grand When I die I want to be buried up there on job of reaching out to the various par- old teams of southern football, and that hill near the stadium. I want to be there

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S400 CONGRESSIONAL RECORD — SENATE January 26, 1996 so I can hear all them people cheering my Ti- tance of agriculture to our economy. omy. Several independent economists gers on Saturday and where I can smell that We must maintain our commitment to have estimated that the direct and in- chewing tobacco in ever corner of the sta- farmers, and farm programs must be direct economic impact of the Great dium. Then I won’t have to go to heaven. I’ll already be there. tied to production and marketplace. I Plains plant is about $500 million every am willing to work with my fellow year—a sizable impact given North Da- I am pleased to note that as Frank Members to act quickly on a farm bill kota’s small population. desired, he will be buried on Cemetery that provides certainty and security to Great Plains was constructed with a Hill, where he will be able to watch our farmers, both now and in the fu- loan guaranteed by the Department of over his beloved Tigers. While Frank is ture. Energy [DOE] pursuant to the Federal going to be buried in his version of In addition, I feel the farm bill Nonnuclear Energy Research Act of heaven, I have no doubt that St. Peter should not be broken up so that food 1974. Specifically, that act authorized ushered him past the Pearly Gates, and stamps and conservation programs are DOE to provide loan guarantees to as- at this moment he is gathered around a not addressed in conjunction with the sist in the demonstration of alter- chalkboard with the other greats of commodity programs. The simulta- native fuel technologies using coal, oil coaching, going over games and plays, neous consideration of these areas of shale, biomass, and other sources. and enjoying the praises of his peers farm policy represent a balanced ap- Great Plains is the only alternative en- for his career of accomplishments. proach that recognizes the obligations ergy project still operating today that Needless to say, Coach Frank Howard was built because of the Federal Gov- will be missed by his large circle of of our Nation not only to our farmers, ernment’s efforts in the late 1970’s and friends, tens of thousands of football but also to our poor and our environ- early 1980’s to achieve energy independ- fans, and a grateful State. We all send ment. While the farm bill is designed our heartfelt condolences to his widow, to enhance and ensure the bountiful ence for this country. DOE operated the Great Plains plant Ruth, and to the rest of Frank’s fam- production of food from our land, it for several years after its original ily. must also address the distribution of that bounty to those of our Nation in sponsors in 1985 abandoned the project. f need. With all the food we produce, we In 1988, DOE sold Great Plains to the THE STATUS OF THE FARM BILL must make sure it gets to the millions Dakota Gasification Co.—a subsidiary Mrs. MURRAY. While the debate con- of hungry mouths in our cities and of Basin Electric Power Cooperative— tinues in Congress over the future of towns. While we help farmers to cul- because Dakota was absolutely com- farm policy for our Nation, I wanted to tivate their land, we must also encour- mitted to the long-term operation of outline some of my priorities for agri- age them to preserve it when and the plant. Dakota’s commitment was culture in 1996. where appropriate. USDA’s Conserva- made based upon the continued valid- While Congressman ROBERTS con- tion Reserve Program is twice the size ity of FERC Opinion 119, which ap- tinues to push for his proposal to de- of the USFWS National Wildlife Refuge proved the gas purchase agreements be- couple farm payments, I am committed Program. The contributions of this tween Great Plains and the four pipe- to maintaining a safety net for our program to the preservation of wet- line purchasers, and the reasonable as- farmers. Coupling payments to both lands, woodlands, and wildlife cannot sumption that FERC would stand be- production and the marketplace is a be understated. hind its opinion. good way to preserve the safety net. As the debate over the farm bill con- Since purchasing the plant, Dakota Farm payments should occur when tinues, I am committed to working for has acted to promote, to develop and to prices are low so our farmers can sus- these principles and to look out for the demonstrate the very technological po- tain their capacity to produce. When best interests of the hard working fam- tential that first prompted the Federal prices are high, the market can and ilies on the farms of my great State of Government to finance the plant’s con- will sustain our farmers. Washington. struction. For example, Dakota has Payments should also be tied to pro- f produced an annual average of 157 mil- duction. Farm payments should be lion standard cubic feet of synthetic given to those working the land today, GREAT PLAINS SYNFUELS PLANT gas a day from a facility designed to not simply to those who have received Mr. DORGAN. Mr. President, I rise produce a maximum of 137.5 million payments in the past. When Congress today to express my grave concerns standard cubic feet a day with vir- authorized the 1990 farm bill it was un- about a matter that is currently under tually no additional capital invest- derstood that the program was vol- review before the Federal Energy and ment. Because of this increased produc- untary. That is to say, you only needed Regulatory Commission [FERC]. tion and its other efforts, Dakota has to be farming in order to be eligible to The future operation of the Great continued to decrease both the real and participate. Now the Republican pro- Plains Synfuels Plant, located in Beu- nominal cost of producing synthetic posal requires participation over the lah, ND, is being seriously threatened gas. last 5 years in order to continue par- by a recent ruling in a case pending be- At the same time, Dakota has been ticipating. The farm programs would fore FERC. This decision ignores not developing new by-products from the not longer be open to anyone currently only the adverse economic con- coal gasification process, such as rare farming, but only to those who had sequences that the decision will have gases and other chemicals, for commer- participated between 1990 and 1995, re- on the people of North Dakota and the cial sale in this country and abroad. gardless of whether or not they were region, but it fails to consider the Dakota is currently embarking on sev- still farming. strong public policy reasons supporting eral extensive investment projects I also think we should preserve the both the initial construction of the costing several hundred million dol- permanent authority for farm pro- Great Plains alternative energy plant lars. These projects depend upon the grams embodied in the 1949 agriculture and its successful operation for years long-term operation of the plant and law. In my opinion, repeal of the 1949 to come. I urge FERC to reconsider the the continued application of FERC’s law sends a clear message that our his- ruling in this light. Opinion 119. toric commitment to the farmers of The Great Plains plan now employs One important project involves de- our Nation is ending. We must preserve 640 people in North Dakota and rep- veloping one of the plant’s by-prod- this law as a constant reminder of our resents 20 percent of the lignite coal ucts—carbon dioxide—as a method to ongoing commitment to maintaining a produced and consumed in the State. In enhance secondary oil recovery in the stable food supply for our Nation. Pre- addition, there are more than 400 con- United States and Canada. The other serving permanent authority for farm struction workers presently employed project uses a significant portion of the programs also recognizes the vital role at the Great Plains site who are in- plant’s raw synthetic gas to produce that agriculture plays, and will con- volved in two ongoing capital construc- on-site anhydrous ammonia for use in a tinue to play, in this Nation’s econ- tion projects valued at hundreds of mil- commercial fertilizer that is currently omy. lions of dollars. imported into the United States and is I am frustrated that Congress has The Great Plains plant has an enor- in short supply. Another cutting edge failed to recognize the vital impor- mous impact on North Dakota’s econ- technology being developed at the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S401 Great Plains site uses the same ammo- for the chairman and ranking member is made for the Department of Justice, nia by-product as a reagent in a flue to proceed with their statements first? which will operate at fiscal year 1996 gas scrubber system to produce yet an- That is the normal thing to do. funding levels, under fiscal year 1996 other fertilizer, ammonia, sulfate. This Mr. LOTT. Mr. President, I think terms and conditions. represents the first commercial appli- that is certainly appropriate. I would Activities funded in the Interior and cation in the world of this new tech- like to amend the unanimous-consent related agencies appropriations bill nology, developed by General Electric request to state that after the opening and the Labor-HHS, Education and re- Environmental Systems, Inc. It is a statements by the leadership of the lated agencies appropriations bill will process that converts a waste by-prod- committee, we then immediately pro- continue to operate until March 15 at uct, which would have otherwise been ceed to the amendment by Senator the lower of the funding levels estab- disposed of in a landfill, into a market- KENNEDY. lished in the House-passed bill, the able product. The PRESIDING OFFICER. Is there Senate-passed bill, or the current rate. Mr. President, one thing is abso- objection? Without objection, it is so The exceptions made for activities of lutely clear about the Great Plains fa- ordered. the Indian Health Service and the Bu- cility and the work of the Dakota Gas- Mr. BYRD. Mr. President, I thank reau of Indian Affairs, the National ification Co. Not only have they suc- the distinguished majority whip for his Park Service of the U.S. Forest Serv- cessfully commercialized the tech- courtesy. ice, and the U.S. Fish and Wildlife nologies that Great Plains was con- Mr. LOTT. Mr. President, I further Service, which will operate until structed to demonstrate as con- ask unanimous consent that once the March 15 at the levels established in templated by the 1974 act, but they are KENNEDY amendment has been disposed the conference agreement on the Inte- also developing important new applica- of, Senator MOYNIHAN be recognized to rior. tions. Given all this, I sincerely hope offer an amendment regarding the debt Further, special provision is made for that the FERC Commissioners will re- limit. the activities funded in the foreign op- consider the initial ruling made in this The PRESIDING OFFICER. Without erations bill. My colleagues will recall case and take whatever steps are nec- objection, it is so ordered. that for fiscal year 1996, the foreign op- essary to ensure the future operation Mr. LOTT. For the information of erations bill has been a contention be- of Great Plains as a successful alter- Senators, we do expect to have votes to tween the House and the Senate for native energy facility. begin sometime around—I guess it some time over the matter of popu- I suggest the absence of a quorum. would be 2:30, between 2:30 and 2:45, de- lation planning assistance programs. The PRESIDING OFFICER (Mr. pending, of course, on the length of the The Senate has voted three times on GRAMS). The clerk will call the roll. opening statements. But after this this matter, one during the Senate con- The bill clerk proceeded to call the time has been used or yielded back, we sideration of the bill reported from our roll. will have a vote then between 2:30 and committee and twice in connection Mr. LOTT. Mr. President, I ask unan- 2:45. with an amendment in disagreement on I yield the floor. imous consent that the order for the the conference report. quorum call be rescinded. The PRESIDING OFFICER. The Since the House returned the bill to The PRESIDING OFFICER. Without clerk will report. us in November after further insisting objection, it is so ordered. The bill clerk read as follows: on its position, we have found our- f A bill (H.R. 2880) making appropriations selves in an extraordinary parliamen- for fiscal year 1996 to make a downpayment THE BALANCED BUDGET toward a balanced budget, and for other pur- tary situation that requires unanimous DOWNPAYMENT ACT, I poses. consent—unanimous consent—to take Mr. LOTT. Mr. President, we have The Senate proceeded to consider the further action. Unable to secure that been working with the leadership, the bill. consent, we have been unable to once chairman of the Appropriations Com- Mr. LOTT. Mr. President, I suggest again uphold a Senate position, or even mittee, and the distinguished ranking the absence of a quorum. to have the Senate consider a com- member of the Appropriations Com- The PRESIDING OFFICER. The promise. mittee. We have an agreement worked clerk will call the roll. To break that impasse, the House has out on proceeding with the continuing The bill clerk proceeded to call the now presented us with provisions in the resolution and the first amendment roll. measure which will fund all activities that would be offered thereto. Mr. HATFIELD. Mr. President, I ask in the Foreign Operations bill with the So, I ask unanimous consent the Sen- unanimous consent that the order for exception of population planning as- ate now turn to the consideration of the quorum call be rescinded. sistance at the level of the conference H.R. 2880, the continuing resolution, The PRESIDING OFFICER. Without agreement for the remainder of the fis- and Senator KENNEDY be immediately objection, it is so ordered. cal year 1996. There will be no funding recognized to offer an amendment re- Mr. HATFIELD. Mr. President, we for population planning assistance pro- garding education, that no amend- have before us now the continuing res- grams until July 1, unless expressly au- ments be in order to the amendment, olution that the House acted upon last thorized. And, as you know, the au- and there be 1 hour and 30 minutes, night, H.R. 2880. The existing con- thorization bill has yet to be com- equally divided, for debate in the usual tinuing resolution expires today at pleted. Following July 1, funding may form; following conclusion or yielding midnight, the 26th. All of us want to be provided at 65 percent of the fiscal back of time, the majority leader or his avoid another shutdown of the Federal year 1995 level apportioned on a month- designee be recognized to make a mo- Government, and its departments’ and ly basis for 15 months. tion to table the amendment. agencies’ funding in the appropriations Mr. President, this is a near calami- The PRESIDING OFFICER. Is there bills not yet signed into law. Therefore, tous formulation of these programs, objection? we need to act expeditiously on the and it may very well provoke a result Mr. BYRD. Mr. President, reserving measure now before us, which provides entirely antiethical to the ‘‘pro-life’’ the right to object, I do not intend to for continued operations until March position. These programs promote fam- object but is the chairman of the Ap- 15th. ily planning and birth control in the propriations Committee going to make For the activities funded in the Com- developing nations of the world. With- a statement for the record? merce, Justice, State, Judiciary, and out them, there will inevitably be more Mr. LOTT. Mr. President, if the dis- related agencies appropriations bills unwanted pregnancies, which will re- tinguished Senator from West Virginia and the VA–HUD appropriations bill, sult in either more abortions or more will yield, I believe he will. He is on his the measure before us will provide unwanted children facing lives of dis- way to the floor at this moment, so he funding at the levels established in the ease and deprivation. should be here momentarily. conference agreements on those bills I cannot for the life of me understand Mr. BYRD. Yes. I have a statement generally under the terms and condi- the action of the House. I believe it is also. I wonder if it would be agreeable tions of fiscal year 1995. The exception wrong. It puts the gun to our heads,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S402 CONGRESSIONAL RECORD — SENATE January 26, 1996 Mr. President. I speak as a pro-life Sen- tion is granted for defense, the Sec- is being deprived of its right to amend, ator. I do not see any reason, any le- retary of Defense, that is, the Sec- in essence it is being deprived of its gitimate rationale, that people who retary of State, the Director of the right to amend. We do not have to stand in a pro-life position should do a CIA, and the U.S. Ambassador to the agree to that. But that is a right of the thing of this kind to increase the possi- United Nations. Senate which the Framers were very bilities of abortion—increase them, not Authority is granted for the sale of a careful to include in the Constitution diminish them. House office building. of the United States, which says that There is a substantial majority in Section 128 prohibits certain embryo revenue bills shall begin in the other this Senate that would reject the cuts research. I might indicate that no such body, but the Senate shall have the in population planning assistance, and research is underway or contemplated right to amend as in all other bills. So I am one. But if we prevail on amend- at this time, but it is a further defini- we, I think, have to zealously guard ment, the bill must be returned to the tion of the congressional position. those rights but at the same time we House for an uncertain future, and a Provision is made for the sale of oil have to keep in mind some other cir- Government shutdown could ensue. I from the Weeks Island facility of the cumstances that are prevailing at the am not sure the House is in a business strategic petroleum reserve in keeping moment. position this afternoon or this evening with the conference agreement on the Mr. President, the House of Rep- to take further action on this. We are interior bill. resentatives has chosen to call the sort of in one of those situations Legislative provisions from the VA– pending measure ‘‘The Balanced Budg- where, as I say, it is a gun to our head. HUD conference agreement that will et Downpayment Act, I.’’ In reality, Otherwise, we then stand the responsi- achieve significant savings in the oper- H.R. 2880, the pending measure, is the bility of shutting down the Govern- ation of housing programs are in- latest in an unprecedented string of ment. cluded. continuing resolutions. H.R. 2880 is the This predicament graphically illus- The maximum Pell grant award is es- ninth continuing resolution for fiscal trates why we should avoid continuing tablished to be at least $2,440. That is a year 1996, and since this resolution will resolutions of any sort. As our former $100 increase over the previous fiscal expire on March 15, 1996, it is likely chairman, Senator BYRD, has told us year. that one or more additional continuing many times, the right to debate and Those are the issues. Those are the resolutions will be required subsequent amend is the very essence of the Sen- parts of this bill that we will be dis- to the enactment of H.R. 2880. ate. We, in effect, are being deprived of cussing and hopefully act upon in an I have been advised by the Congres- this by this timetable and this kind of expeditious manner. sional Research Service that this is by procedure. When we allow ourselves to At this time, I thank also the Sen- far the largest number of continuing get into this position, we risk losing ator from Massachusetts [Mr. KEN- resolutions for any fiscal year since those rights. NEDY] and the Senator from New York 1977, and perhaps the most for any Now, Mr. President, I do not blame [Mr. MOYNIHAN] for entering into a year. During Mr. Reagan’s 8 years in our colleagues in the other body en- time agreement on their two amend- the White House, which covered fiscal tirely. It is not their job to protect our ments to further expedite this process. years 1982–1989, continuing resolutions prerogatives. But I will say that the Mr. President, again, I wish to say were the norm. In fact, for every year Senate cannot and will not indefinitely this is not the kind of document I be- except President Reagan’s last year in forgo its right to amend. Perhaps we lieve would have come out of the Sen- office—fiscal year 1989—continuing res- should consider initiating further ac- ate Appropriations Committee. Yet, we olutions were required. But, over this tion in this realm rather than waiting are in this situation. I wish I could be 8-year period the largest number of for the House to act and then hand us enthusiastic about this product, but I continuing resolutions that were re- a document that is a fait accompli. We do see the fact that we live with it but quired for any 1 year during Mr. Rea- may not prevail, but we will not be re- until March 15. And hopefully within gan’s terms was fiscal year 1987, when duced to the mere ministerial function that period of time we can resolve six continuing resolutions were re- of approving what the other body may these differences and have them peeled quired. In three other years, fiscal determine and hand to us. out of the CR and enacted in a regular years 1985, 1986, and 1988, five con- With that off my chest, Mr. Presi- form with the consensus of both the tinuing resolutions were required; for dent, let me summarize briefly the House and the Senate in the product fiscal year 1982, four continuing resolu- other major provisions of this bill and rather than this being exclusively a tions were required; and for fiscal years yield the floor to Senator BYRD, our House product. 1983 and 1984, two continuing resolu- ranking member and former chairman, Mr. President, I now yield to my tions were required. for any opening comments he wishes to good friend and colleague and mentor During President Bush’s 4 years in make. and compatriot who shares the misery, the White House, fiscal years 1990–1993, The no-furlough provision of prior as we share misery together in the three continuing resolutions were re- continuing resolutions has been many duties that we have to perform. quired in his first year in office, fiscal dropped. A new provision is included, And I thank the Senator from West year 1990, and five continuing resolu- however, to give agency managers the Virginia again for his cooperation, for tions were required for fiscal year 1991, flexibility to avoid immediate severe the fine cooperation between Keith the year of the 1990 budget summit. At staffing reductions. Flexibility. Kennedy and Jim English representing the end of that summit, it was deter- Ten programs in the Labor-HHS bill our respective staffs, that represent a mined that a full-year continuing reso- are terminated. New grants for another bipartisan approach to as many issues lution should be enacted for all 13 ap- two dozen are held to 75 percent of as possible within the context and the propriation bills and that was done on their prior monthly rate. framework of this moment. November 5, 1990. For fiscal year 1992, I would like to also indicate on this The PRESIDING OFFICER. The Sen- four continuing resolutions were re- one there has been communication at ator from West Virginia. quired; and for fiscal year 1993, one least from our side with the White Mr. BYRD. Mr. President, I thank continuing resolution was required to House and the agencies involved, and the Chair. I also thank my colleague, carry appropriation measures through even as late as last night I had further my cherished colleague, the distin- October 5th in order to give the Presi- conversation with the Secretary of guished senior Senator from Oregon, dent time to sign all appropriation HHS, and it is not one of those things the chairman of the Appropriations bills for that year. that is perhaps advocated or welcomed, Committee, from whom I have learned It is not unusual for a number of con- but there is at least an indication of much, indeed. I thank him for his very tinuing resolutions to be required for acquiescence to these actions on the thoughtful remarks. They were co- any given fiscal year to give the Presi- part of the administration. gently articulated, reasonable in every dent and Congress time to complete Travel by Cabinet Secretaries in ex- degree. I share with him a concern their work on annual appropriation cess of 110 percent of the 1995 average is about the situation that has developed bills. But this is a different situation. prohibited. A national security exemp- in which the Senate at least for a time Never before in my memory have the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S403 Congress and the President been unable tember 30, 1996, at the levels contained PELL, Senator DODD, Senator REID, to reach a successful conclusion on the in the conference report on the bill. Senator HARKIN, and others, and ask amounts to be appropriated for the 13 Also included in the foreign operations for its immediate consideration. appropriation bills without having to portion in the resolution is a special The PRESIDING OFFICER. The pass nine and perhaps even more con- provision prohibiting population assist- clerk will report the amendment. tinuing resolutions. ance funding until July 1, 1996, unless The assistant legislative clerk read This has been a unique year in that expressly authorized. as follows: respect, but it is understandable. The A floor of 75 percent of fiscal year The Senator from Massachusetts [Mr. KEN- Republican leadership in Congress feels 1995 funding has been set for certain NEDY], for himself, Mr. JEFFORDS, Ms. SNOWE, very strongly about not only the levels programs which would have received MR. SIMON, Mr. PELL, Mr. DODD, Mr. REID, of funding they think should be appro- little or no funding. Those programs Ms. MURRAY, Mr. HARKIN, Mr. BINGAMAN, and priated for a number of these appro- are: Advanced Technology Program; Mr. WELLSTONE, proposes an amendment numbered 3119. priation bills, but also about a number Ounce of Prevention Council; GLOBE/ of legislative, policy-type issues that Climate change-Internet; Cops on the Mr. KENNEDY. Mr. President, I ask they have chosen to attach to each of Beat; Drug Courts; AmeriCorps; Com- that further reading of the amendment the six unsigned fiscal year 1996 appro- munity Development Financial Insti- be dispensed with. priation bills. The President has made tutions; and HHS Office of Consumer The amendment is as follows: it clear that he is unable to sign five of Affairs. At the end of title I, insert the following the remaining bills because of insuffi- Additionally, the resolution contains new section: SEC. . (a) Notwithstanding any other pro- cient funds or because of the legisla- a number of general provisions, among vision of this Act (except sections 106, 115, tive riders attached to them, or both. which are the following: travel ex- 119 and 120), the amount appropriated for So it appears that this impasse is un- penses of Cabinet Secretaries may not each education program under this Act shall likely to be resolved until a final deter- exceed 110 percent of the 1990–1995 aver- be not be less than the amount made avail- mination is made in relation to the 7- age, except for Defense, State, CIA, and able for such education program under the year budget agreement. The President the Ambassador to the United Nations; Departments of Labor, Health and Human hopes that such an agreement, if Section 128 of the bill prohibits the use Services, and Education, and Related Agen- cies Appropriations Act, 1995. achieved, would result in additional of funds for embryo research; ‘‘no-fur- (b) For the purpose of subsection (a), the discretionary spending for fiscal year lough’’ language of the existing con- term ‘‘education program’’ means each con- 1996 and other years. If those addi- tinuing resolution is dropped but fur- tinuing project or activity of the Depart- tional funds are allocated, obviously loughs are limited to no more than one ment of Education and each continuing the difficulties remaining on the six day per pay period per employee; full project or activity under the Head Start Act unsigned appropriation bills would be furlough protection for the Council on and the School-to-Work Opportunities Act of greatly lessened. Even then, however, Environmental Quality; a freeze of new 1994. the issue of legislative riders will have grants and elimination of 10 programs Mr. KENNEDY. As I understand, at to be resolved. in Labor/HHS; the Architect of the the request of the two leaders, the time So, it is difficult to know when or if Capitol is directed to sell an excess allocated for this was to be an hour and we will be able to finally enact appro- House Office Building; a maximum Pell a half evenly divided. I would yield my- priations for the remaining fiscal year Grant of ‘‘at least’’ $2,440 ($100 above self now 7 minutes. 1996 appropriation bills for the rest of fiscal year 1995); and $1.2 billion in leg- The PRESIDING OFFICER. The Sen- the fiscal year. islative savings agreed to in the VA/ ator is correct. The Senator from Mas- Meanwhile, turning to the pending HUD conference. sachusetts. measure, let me compliment the chair- In conclusion, Mr. President, while I Mr. KENNEDY. Mr. President, today man of the committee, Senator HAT- would prefer to have enacted all of the we are asked to consider the fourth FIELD, as well as the very capable and 13 appropriation bills through the bal- temporary funding measure of this fis- articulate chairman of the House ap- ance of the fiscal year in this measure, cal year. The proposed continuing reso- propriations committee, Mr. LIVING- that was not possible for the reasons lution, if extended for the entire year, STON, for their efforts in putting to- that I have stated. Under the cir- contains the largest education cut in gether this bill. They and their staffs cumstances that we face, I believe that the Nation’s history, over $3 billion, worked very closely with Mr. OBEY, the this measure is the best that we can and will cause disruption and chaos in distinguished ranking minority Mem- achieve at this time. The House passed colleges and school districts across the ber of the House Appropriations Com- it overwhelmingly; the President indi- country. mittee, and with my office and our cated that he will sign the measure President Clinton has made clear staffs in attempting to solve as many when it reaches his desk; so I urge my that he will not consider a budget problems as we could in connection colleagues to refrain from offering agreement unless it protects education. with this current continuing resolu- amendments to the measure unless But the longer we accept these short- tion. they address urgent and critical mat- term cuts, the more damage is being Mr. President, I also want to thank ters. Failure to enact H.R. 2880 by mid- done to the very areas, particularly our staffs. The names have already night tonight would result in another education, that we have vowed to pro- been mentioned by the distinguished government shutdown, which is an un- tect. We are in danger of accepting, chairman. I would simply say without acceptable alternative. through the back door, what we would their expertise and their dedication I urge the adoption of H.R. 2880. have never accepted through the front and hard work, we would not be where I thank the Chair, and I yield the door. we are today. But this bipartisan ap- floor. This amendment, cosponsored by proach was, I am sure, a key reason The PRESIDING OFFICER. Under Senators SIMON, JEFFORDS, SNOWE, and why this bill passed the House by a the previous order, the Senator from others, stops the hemorrhage of Fed- vote of 371 to 42. Massachusetts is now recognized to eral education dollars. It provides I will not give a brief summary of the offer his amendment. funds for education programs at the bill. The distinguished chairman has Mr. KENNEDY addressed the Chair. 1995 levels, so that schools and colleges already laid that in the RECORD. I will The PRESIDING OFFICER. The Sen- have the funds they need to plan for just simply include that in my re- ator from Massachusetts. the next academic year. Without those marks. AMENDMENT NO. 3119 funds, schools and colleges across the The resolution as passed by the (Purpose: To maintain funding for education country face drastic cuts in vital edu- House funds four bills through March programs) cation programs. 15, 1996: VA/HUD, Commerce/Justice/ Mr. KENNEDY. Mr. President, I send Boston, for example, is required by State, Interior, and Labor/HHS. to the desk an amendment on behalf of State law to submit its school budget The resolution funds the Foreign Op- myself, Senator JEFFORDS, Senator for next year to its school committee erations Appropriations Bill through SNOWE, Senator SIMON, Senator BINGA- by the first Wednesday in February. the balance of the fiscal year, Sep- MAN, Senator WELLSTONE, Senator The school committee must submit its

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S404 CONGRESSIONAL RECORD — SENATE January 26, 1996 budget to the mayor by the last Mr. President, the effect of this will that we can raise this important issue. Wednesday in March. Teacher con- mean some 1,100,000 children that are We believe that this is the kind of tracts require teachers to be notified of receiving the title I services for extra amendment that the American people any layoffs for the next year by May help in reading and math would be de- stand for. 15, or else teachers must be paid for the nied those services, and 31,000 teachers I will introduce in the RECORD the entire year. would be laid off. More than 250,000 stu- sentiments which have been expressed Because there are no 1996 figures for dents who otherwise would be eligible by the American people on education. key Federal programs, the city, for ex- for Pell grants, will not be eligible. More than 80 percent of the American ample, must adopt a budget based on In the Safe and Drug-free Schools people say, Do not cut education pro- the worst-case level of funding for the Program, 14,000 school districts will grams. We are supporting the elimi- title I program. This would be a 15-per- eliminate or drastically reduce their nation of those education programs cent cut for Boston schools. The city drug abuse and violence prevention which have been eliminated in the con- will have to eliminate title I services programs. The Goals 2000 Program, tinuing resolution. But when you are at 14 of their 79 title I schools. They which helps States and districts estab- talking about Head Start, when you will also have to lay off teachers. lish the higher standards for students are talking about moving children The Detroit public schools are plan- across the country, would be slashed. from high school into work, School to ning their budget for a worst-case sce- Mr. President, we have to ask our- Work, when you are talking about title nario, will lose $16 million in title I selves where these priorities are. This I, when you are talking about the Pell alone—an 18-percent cut that will force is a simple amendment. All we are try- grants, when you are talking about the them to lay off 419 teachers and serve ing to do, for the period of this amend- Perkins loan program, when you are 10,000 fewer students. They will also ment, which is some 49 days, is to say talking about Safe and Drug-free lose $4 million in Medicaid funding that we will set the mark for these Schools, when we are going to see our that helps pay for 800 special education school districts and for the colleges at school population increase by 10 per- teachers and medical professionals. De- the 1995 level. We are not extending the cent—some 8 million children—we troit Superintendent Dr. David Snead continuing resolution for a year, and ought to be willing to say that no mat- says that the burden of these Federal that is explicit in the legislation. ter how necessary it is to balance the cuts will be transferred squarely onto Mr. President, arguments are going budget—and it is—we are not going to the back of the local school district. to be made here that if we extend the do it on the backs of the schoolchildren Mr. President, the list goes on. continuing resolution, with our amend- of this country. According to Lyn Guy, super- ment, for a year, it will take scarce re- I reserve the remainder of my time. intendent of Monroe County Public sources from other programs. What we Mr. SPECTER addressed the Chair. Schools in West Virginia—25 percent of The PRESIDING OFFICER. The Sen- have before us, Mr. President, and be- her $13.5 million budget comes from ator from Pennsylvania. fore the country is what the President Federal funds. Her district has begun Mr. SPECTER. How much time re- offered the other evening, and that was its planning process, and she has no mains on each side? his hand to the Republican leadership choice but to plan for the lowest cuts. The PRESIDING OFFICER. The Sen- in the House and Senate to work out an She must announce teacher contract ator from Pennsylvania controls 45 renewals by April 1, and she expects to agreement. Every one of us want the minutes. The Senator from Massachu- be forced to lay off 15 to 20 teachers in agreement to work out. But the Presi- setts controls 37 minutes 40 seconds. her 6 schools. Yet in Monroe County, dent also said that he will work out an Mr. SPECTER. I thank the Chair. the public school system is the largest agreement to protect education. Mr. President, I agree with a great If we are going to continue the fund- employer and teachers are the highest deal of what the distinguished Senator ing of education at 75 percent of the paid workers. A loss of 15 to 20 teacher from Massachusetts has had to say. jobs will cause significant economic 1995 level, we are going to be sending During the course of my tenure in the hardship. the message to school districts and col- Senate, I have been a strong supporter In addition to personnel cuts, Monroe leges across this country to count on a of education funding. I am the chair- County will have to dismantle pro- significant cutback in funding, and man of the Appropriations Sub- grams begun last year that are helping that is not correct. committee which funds education, and the district serve children from birth So, Mr. President, we are hopeful when the Senate drew a larger edu- to 8 years old more effectively. It will that this amendment will be accepted. cation allocation than the House did, I be forced to eliminate a coordinated We are prepared to deal with the var- took the lead, along with Senator HAR- services project begun this year to ious challenges that will be made about KIN, the distinguished ranking minor- bring comprehensive health and nutri- the budget order and various proce- ity member, in putting the $1.5 billion tion services to all students. It will dures and allocations in various agree- extra all into education. also be forced to eliminate Project ments. What we have seen at other I would like to see education funded TLC, which uses title I and Head Start times is that when an agreement is at the 1995 level. But the import of this funds to help children come to school going to be made between the Presi- amendment, as I understand it, and I ready to learn. It will be forced to dent and the Congress, and he is going qualify it to that extent because we are eliminate the Parents as Teachers Pro- to make that agreement with regard to dealing in great complexities—one gram, which brought 50 parent volun- education, then the ceilings and limits thing I strongly disagree with the Sen- teers to the elementary schools that and terms of allocations under the ator from Massachusetts on is when he had never had parent volunteers before. Budget Act will be expanded. says this is a simple amendment. If Mr. President, this chart here indi- This is in the best tradition of a bi- there is anything that I think is plain, cates where we have been going in the partisan education effort. We have seen it is that this is not simple. recent years in education funding. We for years that Republicans and Demo- As I have gone through the work have seen a modest increase in total crats work together in education. We with very able staff in trying to under- numbers over the past few years. This saw it last year when the Senator from stand the implications of this matter, $0.9 billion, almost $1 billion, increase Illinois and the Senator from Maine because I did not get notice of it until also reflects a $600 million rescission worked together to bring us all to- a telephone call from Senator KENNEDY from the last year. gether with 67 votes indicating the Na- last evening, there would be a reduc- All we are trying to do is go back to tion’s priorities on education. tion—if I may have the attention of the the 1995 levels. If this continuing reso- Today, we are trying to make sure Senator from Massachusetts, because I lution that is before us today were ex- that in these final hours, when this leg- would like to have a dialog with the tended for a year, we would effectively islation was called up at 2 o’clock on a Senator. We just had one informally cut $3.1 billion from the 1995 levels, Friday afternoon with a 11⁄2-hour de- before the amendment was called up, which would be the largest cut in edu- bate on this measure, without having and I think we ought to have a discus- cation in the history of the United the full knowledge of what was going sion to see if we can agree as to what States. It is not warranted. It is not to be included in that continuing reso- the import of this amendment is or if justified. lution until 6 or 7 o’clock last night, we can agree to disagree.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S405 As I understand the amendment, if ment. I am prepared to accept 50 per- therefore we are going to see a con- these funds came to fruition in the con- cent of the responsibility. I would like tinuing diminution of support for edu- text of what we currently have avail- to divide it equally between the Demo- cation, I reject that. I will join with able, there would be a 10.5-percent re- crats and the Republicans for a change, the Senator from Pennsylvania, be- duction across the board in funding on instead of arguing that it is all the cause he has been a leader in this body, the subcommittee appropriations Democrats because you are filibus- in making sure that we are going to which covers the Departments of Edu- tering striker replacement, or it is all have adequate funding. I say that the cation and Labor and Health and the Republicans. We have not brought best way to get that adequate funding Human Services. it to the floor, and there is enough is to accept this amendment and build So if we come to employment and blame on all sides. on that with the President and the con- training programs—and I know that no The question I ask the distinguished gressional leaders, as they work out a one is a stauncher advocate for that Senator from Massachusetts is, on the final agreement on the balanced budget than the Senator from Massachusetts, basis of the current allocation for the to reflect the President’s priorities and although there are some equally as subcommittee which covers education the American people’s priorities, and strong, such as Senator KASSEBAUM, and also the Departments of Health, that is to increase the funding on edu- myself, and others—there would be a Human Services and Labor, if that fig- cation, certainly not to cut it 25 per- reduction of almost $334 million. And if ure is not increased, and if the amend- cent. this spending came to fruition without ment stands, if it is adopted and is not Mr. SPECTER. My next question for an increase in the allocation, there rescinded, is it not true that, if you add the Senator from Massachusetts is, is would be a decrease in spending on this money to education and the allo- it not true that if the funding is not in- NIH, the National Institutes of Health, cation for the subcommittee stands, creased and the amendment of the Sen- of $1.253 billion, and on LIHEAP—so there will have to be a $686 million re- ator from Massachusetts stands, that necessary in Massachusetts, as well as duction from the AIDS funding for the there will be a decrease of $1.253 billion Pennsylvania and many, many other Ryan White Program? That is my ques- from NIH? States; the distinguished Senator from tion. The PRESIDING OFFICER. Does the Minnesota, Senator WELLSTONE, has Mr. KENNEDY. The answer to the Senator yield to the Senator from Mas- spoken emphatically on this subject, as Senator—— sachusetts? well as many others—there would be a The PRESIDING OFFICER. The Sen- Mr. SPECTER. I yield on my time. decrease in funding of $105 million. ator from Massachusetts. Mr. KENNEDY. Mr. President, that When Senator KENNEDY says we need Mr. KENNEDY. I will yield on the question is like saying, if we accept to know what funding will be available Senator’s time, if I can. what happened here in the U.S. Senate for education, I agree with him totally. Mr. SPECTER. I say to Senator KEN- in cuts on Medicare and Medicaid, we But if his amendment is adopted, there NEDY, why not take your time? This is are going to have to live with them. I will be a doubt as to what the funding an argument on your behalf. reject that premise. The President re- will be for NIH, for employment and Mr. KENNEDY. I will come back and jects that, and the American people do. training programs, and for many, many answer it, but I have a number of Sen- The way we are going to see the signifi- programs, so it will all be confused. ators who are here. It was at the re- cant cuts of some 25 percent on the When he says President Clinton ex- quest of the majority side that we education budget and these $3.1 billion tended his hand to work out an ar- limit our time in this way, over my ob- cuts is by rejecting this amendment. rangement here, when he extended his jection. We will be able to deal with the alloca- hand, I stood up and extended mine The PRESIDING OFFICER. Does the tions as part of the overall agreement, when he made that point in his speech Senator from Pennsylvania yield to the which, as I understand, there are nego- about Americans working together. Senator from Massachusetts? tiations between Republicans and the Mr. KENNEDY. When the Senator is But I suggest that this amendment is President at the same time. The Presi- going to yield the floor, I will make a not going to accomplish the purposes dent supports this amendment. the Senator from Massachusetts looks brief comment, and then I want to be Mr. SPECTER. Mr. President, I take for. able to yield time to others. the answer from the distinguished Sen- When he says it is for 49 days, it is The PRESIDING OFFICER. The Sen- ator from Massachusetts to be a yes. not annualized, that is true, but what ator from Pennsylvania. The import of his answer is that there does it mean? If it only lasts for 49 Mr. SPECTER. I will yield time, rea- will be a decrease in NIH funding, and days and the funds are not expended sonably, to the Senator from Massa- there will be a decrease in funding for until July 1 and after, nothing will chusetts. Parliamentary inquiry. What every other program covered by the ap- happen unless there is an increase in are the magic words if I want to regain propriations allocation for my sub- the allocation for this sub- the floor after yielding the time if the committee, which has the Department committee—— Senator goes too long? Mr. President, will you call the Sen- The PRESIDING OFFICER. The Sen- of Health and Human Services, Depart- ate to order, please? ator can reclaim the floor. ment of Labor, as well as the Depart- The PRESIDING OFFICER (Mr. Mr. SPECTER. I yield to the Senator ment of Education. CRAIG). I thank the Senator. The Sen- on my time. I have asked the question twice, and ate is not in order. Mr. KENNEDY. I listened to the Sen- twice the Senator from Massachusetts Mr. SPECTER. I thank the Chair. ator’s question. The Senator may not has said that he does not accept the al- Mr. President, if the Senator from Mas- like the answer, but I am going to give location. Well, I do not accept the allo- sachusetts is correct, that it is not the answer that I believe is responsive cation either, but Senator KENNEDY annualized, that it stands for only 49 to the question. does not run the U.S. Government, and days, no other funds are added and this The other side of what the Senator neither does ARLEN SPECTER. Before money is then spent for education, asked is committing this country, over there is going to be a change in the al- which I would like to see, it is going to the period of the next year, for the 25- location, there has to be an agreement come out of other programs. percent cut in many programs, which between the executive branch, the If the Senator from Massachusetts is in effect in the continuing resolu- President, and the Congress of the wants to make a point that we dis- tion. I say I am not prepared to accept United States. Right now, what we are cussed privately, I would like to find a those allocations that the Senator has dealing with is an allocation for three way to do that. I have sat repeatedly, mentioned, the straitjacket that the departments. I do not like the alloca- as recently as the day before yester- Senator has indicated we put ourselves tion, but that is the allocation. And day, with Congressman PORTER, who into, because I believe that that strait- you cannot take $3 billion and add it to chairs the House committee, trying to jacket can be lifted, and the American education without crippling many, preconference a report covering edu- people are going to demand that we lift many other vital accounts. You will be cation. it. taking an enormous amount of funding We have not been able to bring this If the Senator is saying, look, we out of the older worker’s jobs program, bill to the floor because of a disagree- have agreed to some procedure and community and migrant mental health

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S406 CONGRESSIONAL RECORD — SENATE January 26, 1996 centers, maternal and child care, sub- the majority party. He can have an services level. We can do anything in stance abuse; and if I did not have a independent position, but to disclaim the Senate and the House if we work limitation of time, I could go through the fact that his side of the aisle is together to make promises and to keep many, many programs, which I know committed to a $245 billion tax cut and promises to the people. the Senator from Massachusetts would to also cut back education is disingen- In all 50 States, 14,000 school districts not want to take funding out of. uous, I would say. are currently developing their finan- But the answer is—and it is reading Mr. SPECTER. Mr. President, let me cial plans for the 1996–97 school year. between the lines on what the Senator make strong exception to the Senator As I said, it is extremely difficult to from Massachusetts has responded— from Massachusetts using the word move forward on such planning with- these programs will lose funding under ‘‘disingenuous.’’ That is the most inap- out a funding resolution in place. the current allocation. I am prepared propriate thing he has said here today, It has been pointed out that 80 per- to fight with him to increase the allo- among many inappropriate things. I cent of those who are in favor of a bal- cation. But I am not prepared to see an am interested to know that he supports anced budget, those who are fiscally amendment pass here today which a tax cut. conservative, have said, ‘‘Do not cut gives false and unrealistic hopes to the I yield the floor. education.’’ Passage of this amendment education community. It is not even The PRESIDING OFFICER. The Sen- would show that the Congress of the Confederate money that Senator KEN- ator from Vermont is recognized and United States is living up to what has NEDY is offering here today, it is illu- has been yielded 5 minutes. already been agreed to in principle in sory money, it is pie-in-the-sky. He Mr. JEFFORDS. Mr. President, I rise the budget discussions. says it lasts for 49 days. There is no ex- to speak in favor of the amendment. I For instance, if you have to lay off 10 penditure in that period of time. If it commend the Senator from Pennsyl- percent of your teachers, who do you lasts longer, he is going to gut many, vania for the work he has done. I am on notify? You have to notify them all, many other programs. the subcommittee. I know what an in- probably, because you do not know So I think it just has to be rejected. credibly difficult job it is to try and di- which ones you will pick—the terrible How much time remains? vide too few dollars among too many dilemmas that will go on if we do not The PRESIDING OFFICER. The Sen- very valuable and worthwhile pro- give them an idea if there will be fund- ator has 32 minutes remaining. grams. I also believe that at this crit- ing available. In Vermont, layoff no- Mr. SPECTER. I yield the floor. ical time, in this year when all of the tices will have to go out in March. Mr. KENNEDY. Mr. President, I yield cities and towns of my State and oth- In Vermont, we lose $2.4 million for myself 15 seconds. If the Senator wants ers are trying to figure out what they title 1, which accounts for 2,000 stu- to continue to defend the Republican are going to be doing with their edu- dents. The current budget situation position of having $245 billion in tax cation budgets for the next year. They creates chaos in Vermont’s town meet- cuts as part of his premise, when we have the problem of having to notify ings because they have little guidance are going ahead and cutting these edu- teachers of their plans. It appears that in setting their budgets. cation programs, go ahead. But this the track we’re on now does not pro- I am hopeful this amendment will President is not accepting it, and this vide schools with sufficient informa- pass. I cannot believe that the Con- Congress is not accepting it. tion to make decisions. It would be gress, working with the President, will We are stating, with this amend- much better to do what we are pro- not agree to what they have already ment, our priorities. It is in education. posing in this amendment, and that is agreed to in the budget discussions. There are good bean counters around to let them know that at least is they That is, we should not cut education, here, but we are talking about the should be able to plan on not having at least carrying through another 45 hearts and souls of the American peo- any substantial cuts in the educational days, and hopefully, then, of course, we ple. If we gut the $245 billion, when the programs. can get a further commitment to the President sits down, he is going to say, If I read the minds of the budgeteers funds that are necessary to do what Let us put at least $3 billion of that as represented in their statements to must be done. right back here in education. the press, the only real agreement that Mr. KENNEDY. I yield 3 minutes to I yield 5 minutes to the Senator from has come out is there should not only the Senator from Illinois, and then the Vermont. be no cuts in education, but that edu- Senator from Rhode Island. The PRESIDING OFFICER. The Sen- cation services should be increased to Mr. SIMON. Mr. President, first of ator yields 5 minutes. account for inflation. There seems to all, in response to what Senator SPEC- Mr. SPECTER. Mr. President, I seek be unanimity even within the House on TER had to say, we are not asking that recognition. this point. I do not think we are in any these funds be taken out of the Ryan The PRESIDING OFFICER. The Sen- way misrepresenting to our people if White Program or NIH. Everyone ator from Pennsylvania is recognized. we say that this year we should at knows the budget figures are not writ- Mr. SPECTER. Mr. President, I am a least have a freeze on funding at the ten in stone yet. little surprised to hear the Senator 1995 levels. That is even less than it ap- Ask the American people, instead of from Massachusetts make the state- pears they have agreed to at the sum- a $245 billion tax cut, should we have a ment that this Senator supports a $245 mit. $240 billion tax cut or $5 billion more billion tax cut. I am surprised to hear What we have in Vermont, and I am for education, and 90 percent of the the Senator from Massachusetts make sure across the country—we have all American people would say, ‘‘Let’s do that representation because, even our town meetings in March. We have that.’’ though he cannot be on the floor all all the dates that we have to send out Every economic study that has been the time, I know he very seriously notices on contracts. The 45 days pro- made—conservative, liberal, what- reads the CONGRESSIONAL RECORD. He vided for in this continuing resolution ever—says we have to do more in edu- must have noted my vote against the will take us almost halfway through cation in this country, both quan- tax cut repeatedly when it came up on the fiscal year and yet this continuing titatively and qualitatively. Yet, you the reconciliation bill. This Senator resolution leaves the Senate on record look at those figures on the graph back has not supported any tax cut at all. saying to States figure it out for your- there that Senator KENNEDY has, and On my time, let me ask the Senator selves. they are even warped to this extent: from Massachusetts if he agrees with If the budgeteers, in principle, have They do not count inflation. When you President Clinton that there ought to agreed to giving current services—it eliminate inflation, for example, on be a $130 billion tax cut. will create problems for the Appropria- that $900 million, that brings it down Mr. KENNEDY. On the Senator’s tions Committee. However, those dol- to about zero for 1995. When you add in- time, I supported the tax cut for tui- lars do not necessarily have to come flation to the $3.1 billion cut, that tion and also for the child care pro- out of the allocation of the education brings it up to a $4 billion cut. gram. I think it ought to be somewhat subcommittee. There can be alloca- What does this mean in practical smaller. But the Senator knows that tions from other subcommittees to terms? The Chicago School District he is speaking as the floor manager for fund education programs at the current really is a struggling school district,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S407 and they see us cutting back. They get going to have a continuing resolution The continuing resolution before us 15 percent of their funds from the Fed- by voice vote for another 5 days while would finance programs of the Depart- eral Government. They are making the we get this worked out. ment of Education at 75 percent of fis- assumption, on the basis of these 25 We do not need to supinely say, cal year 1995 levels, which I view as an percent cuts, that they will get 18 per- whatever the House decides we are unduly and unwisely low level of fund- cent less Federal funding. That may be going to have to do. I have never ing. If extended over the fiscal year it optimistic. On the basis of that, they known the Senate to do that on any would cut education funding by $3.1 bil- are planning to discharge 600 teachers. consistent basis. lion and adversely impact many pro- Does anyone believe we can build a The PRESIDING OFFICER. The Sen- grams of proven merit. better Chicago or Illinois or America ator from Pennsylvania. I am particularly concerned about by discharging 600 teachers in a des- Mr. SPECTER. I agree with the Sen- the impact of a 25-percent cut in title perate school district in urban Amer- ator from Illinois that we ought not to I spending, which provides compen- ica? simply accept anything, what the satory education for disadvantaged What about our colleges and univer- House says or anyone else says. I com- children. I am told that the result sities? Students going to colleges and pliment him on his imaginative three could be reduced services for 1.1 mil- universities right now say, ‘‘What kind alternatives, but none is going to come lion children and the layoff of some of help can I get when I go to the Uni- to pass. I yield the time. 90,000 support personnel. versity of Idaho,’’ or whatever school it Mr. PELL addressed the Chair. And the damage would go beyond is. Colleges and universities are saying, The PRESIDING OFFICER. How that. Goals 2000, Safe and Drug Free ‘‘We cannot tell you.’’ much time does the Senator from Mas- Schools, vocational education, adult Now, I recognize that the continuing sachusetts yield the Senator from education, Perkins loans, and other resolution in theory raises the Pell Rhode Island? programs would suffer from loss of a grant to $2,440. But that is public rela- Mr. KENNEDY. I yield him 3 min- quarter of their funding. In Rhode Is- tions. Am I for that? Sure. I want to utes, and I will just yield myself 15 sec- land, the loss to the six programs af- raise it to $10,000. I am for it. These are onds. fected by the cuts would amount to $5.6 not entitlements. I would love to make Mr. President, just for others who are million, of which $3.5 million would be an entitlement out of that program. interested, the Senator from Illinois taken from title I funding. Those have to be appropriated. So has stated it correctly. We could ex- And as the Senator from Massachu- while we raise the Pell grant to $2,440, tend the continuing resolution that ex- setts has reminded us so cogently, with we say we are cutting back on the ap- pires tonight into next week. The every passing week without a correc- propriations to make that possible. House is meeting next week and they tion of these adverse impacts, school That is just nonsense. expect a vote. We could extend it for 96 districts across the country and edu- What we are doing here is sending a hours. That would bring it into Tues- cational institutions at all levels are signal to the House, to the American day, and the House of Representatives facing a dilemma in planning their public, as you work out a budget agree- could vote. commitments for the coming year. ment, education has to be a priority. Mr. SPECTER addressed chair. The effect of the CR on education That ought to be a simple reality that The PRESIDING OFFICER. The Sen- therefore is another step in the drastic every American, every Senator, every ator from Pennsylvania. defunding of Federal education pro- House Member can recognize. Mr. SPECTER. Notwithstanding the grams. There is still room to hope that Mr. SPECTER. Mr. President, I again suggestion by the Senator from Massa- the direction of this unwise course of agree with a good bit—almost all—of chusetts, you cannot do that unless the action can still somehow be changed what the distinguished Senator from House of Representatives agrees to it. before the expiration of the pending Illinois has had to say. However, if we I yield the floor. resolution on March 15. Far better that do not pass this continuing resolu- The PRESIDING OFFICER. The Sen- we do so now if we can. So I support tion—the House of Representatives re- ator from Rhode Island has been yield- the Kennedy amendment and hope that jected a motion to recommit last night ed 3 minutes. we can remedy the faulty provisions of by a vote of 222–193. Now, there is an The Senator from Rhode Island. the resolution before us. additional factor beyond what we have Mr. PELL. Mr. President, I know I I yield the floor. debated so far. That is, at least accord- speak for many of my constituents The PRESIDING OFFICER. Who ing to the information provided to me, when I say that the continuing resolu- yields time? there is not a quorum in the House to tion before us is a welcome break- Mr. KENNEDY. Mr. President, I yield act on what the Senate will do. through in the protracted deadlock 3 minutes to the Senator from New I do not like the posture that we are that has stalled our National Govern- Mexico. in. The practical fact of life is that if ment for the past 2 months. The PRESIDING OFFICER. The Sen- we add this amendment, there will be a But as welcome as that breakthrough ator from New Mexico is recognized for disagreement, no continuing resolu- is, I would be remiss if I did not state 3 minutes. tion, and the funding which now goes my disagreement—in the strongest Mr. BINGAMAN. Mr. President, I to the schools in your State, Senator terms—with the provisions of the reso- thank the Senator from Massachusetts SIMON, including Chicago, on edu- lution dealing with education. And I for his leadership on this issue. I cation, schools in my State, schools join in wholehearted support of the strongly support the amendment he across the country, will not have any amendment offered by the Senator has offered because it would put back additional funding. from Massachusetts [Mr. KENNEDY]. into some kind of reasonable balance Mr. SIMON. Will my colleague yield? In doing so, I recognize that the the priorities that we should be pur- Mr. SPECTER. Briefly. On Senator pending resolution is a product of con- suing here in this Congress. KENNEDY’s time? siderable compromise across partisan In a few hours we are going to vote Mr. SIMON. If you could on your and ideological lines and that no one on a defense authorization bill. In that time, I would appreciate it. among us is completely satisfied with bill the Congress has decided to add $7 Mr. KENNEDY. I yield half a minute. its terms. billion to what the Pentagon requested The PRESIDING OFFICER. The Sen- But the Federal commitment to edu- in funding for this year. At the same ator from Illinois. cation, to my mind, should be the very time we are voting $7 billion extra for Mr. SIMON. Mr. President, there are last area of concession. As I have said defense, we are, in our appropriations really three alternatives. If my col- before, we should treat education as a process, proposing to cut $3.1 billion league is correct about not having a vital capital investment of the Na- from what goes to education. quorum, they can accept it by voice tion’s future. It is an investment which Those priorities are out of whack, in vote. That is not unprecedented. No. 2, is closely tied to our objective of def- my opinion. They are out of line with it could come back here and we could icit reduction because a well-educated the priorities of the American people, decide in desperation we can take this citizenry is essential to preserving a and this amendment would help correct off. And No. 3, we can decide we are strong and vibrant economy. that. I strongly support it.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S408 CONGRESSIONAL RECORD — SENATE January 26, 1996 I would like to mention one other is the ninth continuing resolution process. A great nation like this should area, the issue of educational tech- since the beginning of this fiscal year. deal with its children in a more respon- nology. The President spoke the other In addition to that, we have in this sible way. night about the importance of bringing continuing resolution a statement that I yield the floor. all of our students up in educational the act should be cited as the Balanced Mr. SPECTER addressed the Chair. technology and making them all tech- Budget Downpayment Act, No. 1. Es- The PRESIDING OFFICER. The Sen- nologically literate as they go into the sentially, what we are saying here is ator from Pennsylvania. next century. He said each of our class- that not only have we had nine con- rooms should be hooked up to the tinuing resolutions so far, but that this Mr. SPECTER. Mr. President, the Internet by the year 2000. The truth is, is the first of a series of additional con- distinguished Senator from New Mex- the President asked for $50 million to tinuing resolutions. ico said that the House reduced the begin this process. On the House side Our States cannot plan. They do not President’s request on education tech- the proposal is to cut that in half. On know what their funding is going to be nology by half and the Senate reduced the Senate side the proposal is to cut it from the Federal Government. Our it by two-thirds. I offer the statistics by two-thirds. The bill which we are school districts cannot plan. Our teach- made available to me by staff and ask now considering, this continuing reso- ers, our parents, our students cannot unanimous consent they be printed in lution, cuts it by even more. Our prior- plan. This is an irresponsible way for the RECORD, the full sheet. ities are not what they should be. us to be conducting our business. Peo- There being no objection, the table Let me also say something about the ple deserve better from the U.S. Con- was ordered to be printed in the procedure we are following here. This gress than they are getting with this RECORD, as follows: CONGRESSIONAL ACTION, FISCAL YEAR 1996—CONTINUING RESOLUTION [In thousands of dollars]

75 percent 1995 re- 1996 1996 1996 Sen- of 1995 CR annual Office, account, program and activity D/M vised ap- amended House ac- ate action appropria- level propriation request tion tion

Office of Educational Research and Improvement [OER I] Education research, statistics, and improvement: 1. Research (ERDDIA) ...... D 86,200 97,600 101,578 90,000 64,650 86,200 2. Statistics (NESA) ...... D 48,153 57,000 48,153 44,301 36,115 48,153 3. Assessment: (a) National assessment (NESA section 411) ...... D 29,757 34,500 29,757 29,757 22,318 29,757 (b) National Assessment Governing Board (NESA sec. 412) ...... D 12,995 3,500 3,000 2,760 2,246 2,995 Subtotal ...... 32,752 38,000 32,757 32,517 24,564 32,752 4. Eisenhower professional development national activities (ESEA II–A and C) ...... D 21,356 35,000 0 18,000 16,017 16,017 5. Educational technology (ESEA III): (a) Technology for education (Part A): (1) K–12 technology learning challenge (section 3136) ...... D 9,500 50,000 25,000 15,000 7,125 9,500 (2) Adult technology learning challenge (section 3136) ...... D 0 20,000 0 0 0 0 (3) National activities (sections 3122 and 3141) ...... D 13,000 13,000 0 10,000 9,750 9,750 Subtotal ...... 22,500 83,000 25,000 25,000 16,875 19,250 (b) Star schools (Part B) ...... D 25,000 30,000 0 25,000 18,750 18,750 (c) Ready to learn television (Part C) ...... D 7,000 7,000 0 6,440 5,250 5,250 (d) Telecommunications demonstration project for mathematics (Part D) ...... D 1,125 2,250 0 1,035 844 844 Subtotal ...... D 55,625 122,250 25,000 57,475 41,719 44,094 6. Fund for the Improvement of Education (ESEA X–A) ...... D 36,750 36,750 36,750 36,497 27,563 36,750 7. Javits gifted and talented education (ESEA X–B) ...... D 4,921 9,521 3,000 3,000 3,691 3,691 8. National Diffusion Network (ESEA XIII–B) ...... D 11,780 14,480 0 10,000 8,835 8,835 9. Eisenhower regional mathematics and science education consortia (ESEA XIII–C) ...... D 15,000 15,000 0 15,000 11,250 11,250 10. 21st century community learning centers (ESEA X–I) ...... D 750 0 0 750 563 0 11. National writing project (ESEA X–K) ...... D 3,212 0 0 2,955 2,409 0 12. Civic education (ESEA section 10601) ...... D 4,463 4,463 3,00 4,106 3,347 3,347 13. International education exchange (Goals 2000 EAA title VI) ...... D 3,000 3,000 0 6,000 2,250 2,250 14. Extended time and learning (ESEA X–L) ...... D 0 0 0 2,000 0 0 Total ...... 323,962 433,064 250,238 322,601 242,972 293,339

Outlays ...... D 326,816 340,340 295,043 0 0 0 1 Reflects a reduction of $5 thousand for this account’s share of a $1,525 thousand rescission in fiscal year 1995 administrative and travel funds.

Mr. SPECTER. The President had a The House has cut that request from Mr. KENNEDY. Mr. President, I yield request for $122 million. Last year’s $50 to $25 million. The Senate Appro- 5 minutes to the Senator from Min- funding was $55,625,000. The sub- priations Committee cuts it down to nesota. committee recommended a figure of $15 million. The bill we are considering The PRESIDING OFFICER. The Sen- fiscal year 1996 of $57,475,000. So we did here would result in even less funding ator from Minnesota has been yielded 5 not cut the President’s request by two- for educational technology. minutes. thirds. The PRESIDING OFFICER. Who Mr. WELLSTONE. Mr. President, I Mr. BINGAMAN. Mr. President, yields time? thank my colleague from Massachu- could I just respond to that and re- Mr. SPECTER addressed the Chair. setts. spond to the Senator from Pennsyl- The PRESIDING OFFICER. The Sen- I feel a little uncomfortable out here vania? ator from Pennsylvania. in debate with the Senator from Penn- The PRESIDING OFFICER. Does the Mr. SPECTER. Mr. President, the sylvania because I think he cares Senator yield time for that response? matter which the Senator from New fiercely about these programs, and I Mr. KENNEDY. Mr. President, I yield Mexico refers to involves the K–12 tech- certainly do not think he represents 30 seconds. nology learning challenge, where the the full priorities of some of those in The PRESIDING OFFICER. The Sen- request was in at $50 million and the the House who have sort of been the ator from New Mexico. House was at $25 million and the Sen- impetus for these programs. But let me Mr. BINGAMAN. The figures I was ate was at $15 million. But the overall just say, processwise, I view this as given were that in the Improving education technology, ESEA, title III, slash and burn on the installment plan. America’s Schools Act, which we are on the figures I cited where we are I think that is really what is going on adopted in the last Congress, we adopt- funding in excess of last year, more here, and I think it is a backdoor way ed the technology for education provi- than twice the funding recommended of making some fairly deep cuts in edu- sions. The President requested $50 mil- by the House. cational programs. I do not think that lion for K–12 funding for educational The PRESIDING OFFICER. Who reflects the priorities of the people in technology there. yields time? the country.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S409 Altogether, on present course, this of the semester in order to buy text- not need it—you should have enough continuing resolution for the whole fis- books. These are students who need revenue to make sure people do not go cal year would cut education by $3.1 this financial assistance. They do not cold in Pennsylvania, or Minnesota, or billion. The Senator from Massachu- know what the situation is. Massachusetts, and, in addition, we do setts mentioned this earlier, but I Mr. President, school boards do not not make cuts in educational opportu- think it is worth repeating. Title I know what the situation is. They are nities for children. You are presenting reading and math programs are cut by trying to figure out what is going to a false choice for the Senator from $1.1 billion, meaning that over 1 mil- happen with this title I money. These Minnesota and, for that matter, for the lion children will lose services and are kids with special needs, kids with people of the country. 31,500 teachers could be laid off. special problems. Are we going to walk Mr. SPECTER. Mr. President, I ask The first argument we made was away from them? Are we going to pro- the Senator from Minnesota, because that, really, we cannot restore this vide fewer services? Is it going to be he talks about the tax cuts, does the funding for education and children be- made up through higher property Senator from Minnesota agree with cause, if we do it, then that would taxes? Nobody knows. President Clinton to cut the tax by $130 mean less for low-income energy as- I hear people from our school boards, billion? sistance or that would mean less for whether they are Democrats or Repub- Mr. WELLSTONE. No, I do not, Mr. other very important programs. But licans or Independents alike, saying to President. that is not the tradeoff. We do not have me, ‘‘Senator, what in the world is Mr. SPECTER. Mr. President, when to do the $245 billion of tax cuts. We do going on? This is the last place we the Senator from Minnesota talks not have to have $7 billion in the De- should be making these cuts.’’ about choices and says that I am put- fense bill over what the Pentagon Mr. President, I mean, from Head ting him in that position, this amend- wanted. We do not have to go forward Start, which is not a part of this ment puts the whole subcommittee in with B–2 bombers to the tune of $2 bil- amendment—but we now have proposed that position because if it passes and lion each. That is not the real national reductions in Head Start programs, there is no increased allocation, the security of this country. The real na- which is nothing more than an effort to fact of life is that everything in the tional security is when we invest in the give some children who need a head whole bill with the exception of the De- health and skills and intellect and start a head start all the way to higher partment of Education, Headstart, and character of our children. education, all the way to kids with spe- school-to-work programs would be cut 1 Mr. President, then the second argu- cial needs and vocational education by 10 ⁄2 percent. ment, all of a sudden, as we were going and safe and drug-free schools. These I yield the floor. Mr. KENNEDY. Mr. President, on through this debate, was a different are distorted priorities. So today we this point, just before the Senator from one than I heard, which was OK. But are taking on those distorted prior- Washington speaks, I would like to the problem is that if this should pass, ities. We are not going to let this be yield a minute to the Senator from then the House will not accept it and slash and burn on the installment plan. Vermont. we would have a Government shut- We are not going to let this be a back- The PRESIDING OFFICER. The Sen- down. door disinvestment in education. ator from Vermont is recognized. What that means to me, as I hear The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. Mr. President, I this argument, is that the House of ator’s time has expired. know the Senator from Pennsylvania is Representatives, because, in fact, we Mr. WELLSTONE. I yield the floor. aware of this, but we have not passed decided to invest $3 billion more on the The PRESIDING OFFICER. Who the appropriations bill out of the Sen- projected, year-wise, because we de- yields time? ate yet in this area. So there is nothing Mr. SPECTER addressed the Chair. cided over this next critical period of in concrete yet. The Congress has not The PRESIDING OFFICER. The Sen- time to invest more money in safe and passed an appropriations bill for edu- ator from Pennsylvania is recognized. drug-free schools, in support for chil- cation. So there is nothing locked in Mr. SPECTER. Mr. President, I in- dren with special needs, in making sure concrete at this particular time. that higher education was accessible quire of the distinguished Senator from So there is certainly not only time for our young and not so young stu- Minnesota. The question is about what but obviously the ability to modify the dents—many of our students in higher happens on the current state of the al- figures and not to have to cut back on education have gone back to school. locations. Again, with much of what he these other programs. It will take some Men and women, some having lost has had to say, I do not disagree in doing. But you still have to negotiate their jobs, are going back for addi- terms of priorities. But if you do not with the House. Changes can be made tional education so they can be inde- increase the allocation to the sub- in the whole process on these things pendent. What I am hearing is that, if committee which I chair, which has ju- right now. we should restore funding for this in- risdiction over Health and Human It is not the fault of the Senator vestment in people in our country, the Services, which has funding for from Pennsylvania that the Senate has House of Representatives would find LIHEAP as well as education—what not acted on this, and we have a prob- that so unconscionable that they would happens to the other programs. lem that everybody knows about in then shut the Government down. I I ask this of the Senator from Min- this area. But there is nothing locked mean, what kind of priorities are we nesota because he spoke extensively in concrete at this time. talking about here in this Congress? and eloquently on this subject. Unless I yield the floor. Certainly it is not the priorities of peo- we increase the allocation, which I Mr. SPECTER. Mr. President, reluc- ple in this country. would like to do, is it not true that we tant as I am to disagree with my dis- Mr. President, I am also concerned are going to lose $105 million in fund- tinguished colleague from Vermont, just thinking about my own State. I ing for LIHEAP? the Senate is locked into the alloca- will not even talk about this Mr. WELLSTONE. Mr. President, the tion. We are locked into the allocation numberwise. I will talk about it answer is, if we do not increase the al- which has been given to the sub- peoplewise. I am hearing from higher location—and we must increase the al- committee which has jurisdiction over education people, from some of our col- location. I do not accept these prior- these three Departments. leges and universities, and they do not ities. If the amendment by the Senator really know what the situation is with What I understand the Senator from from Massachusetts passes, there is low-interest loans or Pell grant pro- Pennsylvania is doing is putting some only so much air in the balloon. If you grams. Students need that assistance. of us in the position of having to argue take it out of one section, we are going By the way, Mr. President, I will tell for a zero-sum-game situation. We do to lose by 101⁄2 percent over everything you that in the State of Minnesota, not believe that there should be these else unless the allocation is increased. many undergraduates are now taking 6 tax cuts to the tune of $245 billion. We Mr. KENNEDY. Mr. President, how years because they are working two do not believe in some of these other much time do I have? and three minimum-wage jobs. I mean, priorities. We believe some tax cut— The PRESIDING OFFICER. There students sell plasma at the beginning some of which goes to people who do are 16 minutes remaining.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S410 CONGRESSIONAL RECORD — SENATE January 26, 1996 Mr. KENNEDY. I yield 5 minutes to Mr. President, my colleagues have plicants to fill 3,000 jobs and Motorola the Senator from Washington. done a good job of outlining how im- found less than 10 percent of job appli- The PRESIDING OFFICER. The Sen- portant this education amendment is, cants are qualified for their entry level ator from Washington is recognized for but let me make it even more clear for jobs. 5 minutes. you. For the State of Washington, we Yet, the existing continuing resolu- Mrs. MURRAY. Thank you, Mr. will lose $24 million. That is about $24 tion would deny millions of America’s President. I thank my colleague from or $25 per student in my State. That children and young adults valuable Massachusetts, Senator KENNEDY, for translates to a textbook. That trans- educational opportunities. Already, a his leadership on this critical issue of lates to a few less hours with a teacher. third of the fiscal year has elapsed with making sure that our children across That translates to actually losing real no funding levels for education and this country have adequate funding for dollars for every one of our kids. Yes, school districts are facing an 18-per- the education they so desperately need it speaks to specific programs but cent increase in enrollments over the for the world they are being handed. school boards are going to have to go next decade. Recently a poll showed that 92 per- back into their budgets and transfer These cuts would deny 1.1 million cent of the American public say that dollars around in order to make up the students crucial help in reading, writ- we should fund education at either the funding that we are taking away. And ing, math, and advanced reasoning; same or increased levels for Federal every single one of our children in this 100,000 would lose English assistance education. Why this continuing resolu- country is going to lose. and hundreds of thousands more would tion speaks only about 8 percent of the It seems crazy to me that we are be denied vocational training; 14,000 population makes no sense to me. going to sacrifice our children and school districts would have to cut back But before I address that, let me also America’s future for the sake of polit- their safe and drug-free school pro- express my frustration and my increas- ical ego. We have the good fortune in grams and many would jeopardize their ing anger at this Congress and the way this country of changing political lead- disabled education programs. it is governing this country today by ership every few years in our democ- We will continue to debate the role of passing continuing resolutions for 30 racy, but we do not have the fortune of our Federal Government in the edu- days, 25 days, 45 days, and on and on. reversing an uneducated and unpre- cation process. Michael DiRaimo of the What we are doing to this country is pared generation. For our kids, for our Pittsburgh public schools told us last wrong. We have the responsibility to future, for this country’s ability to week, however, that though Federal govern in a way that gives security to compete in the worldwide techno- funds account for a small portion of everyone that we represent and give the district’s budget, the services pro- the ability to people out there across logical society that we have today, let vided with those funds are vital to the this country who serve our constitu- us support this resolution. Let us send district’s ability to serve needy and at- ents’ needs the security they have to a message to our kids that we do care risk children. put in place their ability to make sure about them, we understand their needs, My own State of Washington will that their programs work effectively. and we are not going to neglect them lose over $24 million for education And we are really undermining that ef- in this Nation’s Capital. Just last week, headlines across under this continuing resolution. fort today. I speak to you as a former school America rang out. Education is our top Washington State has been a national board member who knows well what priority. Polls throughout our Nation leader in the school-to-work field and the impacts of these 35- and 45-day con- strongly show that Americans support will lose $3 million in vocational edu- tinuing resolutions are and this $3.1 an investment in education; 92 percent cation dollars because we are unable to billion reduction in funding. What it would like the same or increased levels reach agreement on the budget. Addi- means to those poor school board mem- of Federal funding for education. tionally, the State will lose $16 million bers is that in a few short weeks, they Apparently some of my colleagues in title I funds that greatly aid our are going to be facing angry parents are listening to that 8 percent of our classrooms in basic educational skills. across this country telling them that population. They are forcing upon the At the very least, we cannot cut edu- their class size will be reduced, that American people a continuing resolu- cation programs beyond fiscal year 1995 they will have to let teachers go, that tion that would cut $3.1 billion from levels. Let us not sacrifice our children textbooks will not be available, that education through this year. This and America’s future for the sake of security guards will not be in their would be coupled with the $600 million political ego. We have the fortune of schools next year because they simply in rescissions in education already en- changing political leadership every few do not know what this Government is acted for fiscal year 1995. years in this democracy. We do not going to do for them in the coming This would represent the largest set- have the fortune of reversing an year. That is not right. back to education in the history of the uneducated and unprepared generation. Every Member should know that the United States. Why? It is very easy to I yield the floor. real answer here is, we are asked to target a group that has no vote, no po- The PRESIDING OFFICER. Who pass a budget. The numbers are on the litical action committee, no lobbying yields time? table. There are budgets that balance dollars to create a political voice—our Mr. KENNEDY. I yield 3 minutes to the budget by the year 2002. That is children. These are the same kids who my friend and colleague from Massa- what we should be doing instead of are already giving up. They are faced chusetts. these continuing resolutions. with overcrowded classrooms, outdated The PRESIDING OFFICER. The Sen- Mr. President, as we do this, every textbooks, and frustrated teachers. ator from Massachusetts has been one of us is going to have to go home They lack purpose knowing they can- yielded 3 minutes. The Senator from and face our constituents. I assure all not afford or gain entrance to an insti- Massachusetts. of my colleagues they will meet a tution of higher education and wonder Mr. KERRY. Mr. President, first of young woman like I met just a few if the skills they learn today will ever all, I congratulate and thank my senior short weeks ago in a grocery store who lead to a job tomorrow. colleague from Massachusetts for his looked at me and told me she is trying Certainly, throwing money at a prob- leadership and for his effort, a very im- to go to college next year, and the only lem is not the answer. But eliminating portant effort to bring before the Sen- way she will be able to go is if she has programs that have been proven to pro- ate the real choices that are facing our a student loan or a grant or gets Fed- vide long-term educational skills and country. eral help. Yet the college she is apply- enhance school-to-work training are I listened to my friend from Pennsyl- ing to told her they cannot tell her essential to our society. Last week in vania and while, indeed, we must con- what is going to happen because they hearings before a joint House-Senate tend with some so-called caps, funding do not know what we are going to do. committee, we heard from Dr. Milton levels that have been allocated among That is not fair to that young girl, it Goldberg who emphasized that the need the Appropriations subcommittees, et is not fair to her family, and it is cer- for skilled labor from the business cetera, everybody here knows that we tainly not right for the future of this community has never been greater. are engaged in tough bargaining right country. NYNEX recently interviewed 60,000 ap- now and that none of those

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S411 caps is set in concrete—because if we inequity according to a national stand- Mr. SPECTER. Mr. President, when were to resolve this budget crisis, we ard, and thereby attempt to make real the Senator from Massachusetts, Sen- could make any number of changes in the commitment of equal opportunity? ator KENNEDY, denigrates my argu- the budget. We could decide that we The Federal Government does not ments, I have to respond. When he were going to find some more revenue run the schools. We do not tell them says, ‘‘Let us not fool the American and use it to fund services critical to what they have to do. We do not in- people,’’ I would suggest that his argu- our nation’s future. We could remove trude on local control. We are simply ments and this amendment do pre- the firewall that protects funding for holding out this enormous carrot and cisely that, and the reason they do it is the Defense Department and take some saying: Look, if you will raise your because this amendment proposes to of the $7 billion that the Congress standards, if you will teach better, if reinstate funding to the 1995 level, added to the budget request of the you will make these improvements, we makes that representation, but in fact Joint Chiefs of Staff and instead put it will offer to pay some of the costs in it does not do it. It does not do it be- into education or another priority of order to help you put your kids in a cause it lasts for only 49 days, and be- the American people. higher education status. cause almost all of the expenditures in So let us not fool the American peo- Eliminating this assistance and the an appropriations process do not take ple. These choices are in our hands. We incentives it provides is just incompre- effect until July 1. are not helpless here. We are not pow- hensible. We must face this directly, When you talk about the expecta- erless. If we believe something is suffi- and add these funds for education pro- tions of the educators as to what they ciently important to this Nation’s peo- grams—recognizing the fact we then are going to do and representations ple and future, we can make it happen. must come back and adjust budget al- made about how many teachers will be Everybody understands that what we locations in order to prevent other laid off, they are not going to derive are doing now is drawing dramatic vital services from being inadvertently any solace from this amendment. What lines between one group’s set of prior- reduced as a result. this amendment really is, is a grand ities and others’ priorities. Funding for badly-needed services of- show to say that there are many people I do not understand how my col- fered by the Departments of Labor and who are arguing for it who think edu- leagues in the Senate can ignore every Health and Human Services must not cation ought to have a higher funding single analysis from the best educators be further reduced as a result of this level. That is something that I agree in our country, the best scientists in amendment. Indeed, there is a crying with. And that when the Senate was al- our country, the best child psycholo- need to increase funding for a number located $1.6 billion more with my lead- gists in our country, the best crimi- of these other key services as well. ership and the leadership of Senator nologists in our country, all of whom The amendment before us will in- HARKIN, that was all put into edu- say that we have to find a way to im- crease Federal spending through the cation. part to our children the high skills expiration date of this resolution— To personalize it for just a minute, I they need to compete for jobs here, and March 15—for a handful of education have expressed repeatedly, on this floor to permit our industries to compete programs, in order to enable schools and off, my support for education. And globally. This is absolutely essential if and colleges to plan for the year ahead on the personal level, neither of my we are to create and fill high value- and not find themselves forced to can- parents had any education to speak of. added jobs that will raise the incomes cel vital services and programs for My father came to this country as an of the American people. Analysts agree their students. This is something we immigrant, had no formal education. that last year, if you were a graduate must do. But before this resolution ex- My mother came at the age of 5, went degree holder in America, you lost in- pires, we must act to restore the to the eighth grade, and my brother come by 1 percent. If you were a high amount of this amendment that tech- and my two sisters and I have been school graduate, you lost income by nically will be deducted from other able to share in the American dream about 15 percent. And if you were a services funded by the Labor/HHS/Edu- because of our educational opportuni- high school dropout, you lost income cation appropriations bill—for exam- ties. by about 27 percent. ple, to ensure sufficient resources for I do not take second place to either Each of those categories, in addition training adult workers, retraining dis- Senator from Massachusetts on my de- to experiencing significantly different located workers, and assuring summer votion to educational funding or to income change, experiences signifi- jobs for at least 600,000 economically anybody else who has argued in favor cantly different health care coverage— disadvantaged young people who other- of it. If they seek to gain momentum, as a reliable rule, the workers with the wise will be tempted to spend their I think they are counterproductive lowest educational levels have the summertime in pursuits that may jeop- here. They are going to lose votes on least health care coverage. In this way, ardize their lives or their futures as this amendment. If you want to say the success of our educational system well as the health and safety of other how many Senators support an in- has a profound social effect that ex- Americans. The House-passed appro- crease in funding for education, you tends well beyond the job market and priations bill will deprive Boston alone are not going to be able to tell it when personal finances. Failure of our edu- of $2.3 million for summer youth jobs, this vote is taken. I know the distin- cational system contributes directly to and will deprive all of Massachusetts of guished Senator from Oregon, the our nation’s health care crisis. nearly 11,000 summer jobs. chairman of the Appropriations Com- Those are the choices, and here we We also must restore funds for help- mittee, is going to vote against it. He are in the Congress being told we have ing dislocated workers which are has told me so. I am going to vote to accept a continuing resolution that slashed by 30 percent in the House Re- against it because of what it does, if it accepts and perpetuates a continuing publicans’ appropriations bill. This stands, it is going to take tremendous process of diminishing all of these op- program is extremely important in sums of money from many, many other portunities for our citizens. Massachusetts in helping laid-off work- programs which everybody who has It is fundamental; Pell grants cut by ers—most recently, 448 workers from spoken in favor of the amendment 40 percent in the budget. Why? Why do Raytheon Corporation and 2,400 work- would hate to see happen. This is an we want to make it harder for people ers who lost their jobs as a result of exercise in futility and an exercise in to get the higher education that is the the tragic Christmas fire in Methuen. counterproductivity. So that when you gateway to good jobs? Why is it that The PRESIDING OFFICER. The Sen- say, ‘‘Let us not fool the American peo- we are going to reduce the capacity of ator’s time has expired. ple,’’ let us identify who is trying to our kids in the most hard hit, economi- Mr. KERRY. I urge my colleagues to fool the American people. cally depressed areas of our country vote with the senior Senator from Mas- I yield the floor. where there is the least property tax sachusetts to provide this minimal but The PRESIDING OFFICER. Who base from which to draw in order to vital increase in funds for education. yields time? support the school system? Why would Mr. SPECTER addressed the Chair. Mr. KENNEDY. Mr. President, I yield we want less Federal assistance that is The PRESIDING OFFICER. The Sen- 4 minutes to the Senator from Con- provided in an effort to minimize that ator from Pennsylvania. necticut.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S412 CONGRESSIONAL RECORD — SENATE January 26, 1996 The PRESIDING OFFICER. The Sen- each of these institutions represents were negotiations about continuing ator from Connecticut is yielded how hundreds or thousands of students who resolutions, the Republican leadership much time? do not know how they are going to pay and the President of the United States Mr. KENNEDY. Four minutes. for college next year, because of our agreed to work out a process that The PRESIDING OFFICER. Four delay. would put the budget in balance over 7 minutes. The Senator from Con- I mention higher education. It is also years using CBO numbers but also pro- necticut. true at the elementary and secondary tect education. It included the environ- Mr. DODD. I thank the Senator very level. School boards all across America ment, Medicare, and Medicaid, and pro- much. are looking to this debate today and tected education. That was agreed to. Let me begin by thanking our col- saying, ‘‘What message are you sending That was after the assignment of these league from Massachusetts as well as us? How do we plan for the next school numbers that are constantly referred my colleague from Maine, Senator year? What do we tell our teachers, to here on the floor of the U.S. Senate. SNOWE, and our colleague from aides and workers on contract? What One has to ask, as we are considering Vermont, Senator JEFFORDS, Senator do we do to our local tax base?’’ this amendment, how in the world are SIMON of Illinois, and others, who have We should not be going through this we going to protect education, which been the prime movers of this amend- process here. It is one thing to hold Republicans and Democrats and the ment. I commend them for it. Federal workers hostage to our inac- President agreed to, if we are going to My colleague from Pennsylvania sug- tion. Now we are holding middle-class, cut the funds that were implemented gests this amendment is meaningless working families and their children just last year? The school population is and that everybody is for increases in hostage because we cannot get our expanding by 10 percent, rising to over education. Well, if that is the case, this work done. This is an abuse of our 50 million students. We need new tech- amendment ought to be adopted by privilege here. nologies and computers in the schools. voice vote. But instead what we are We want to send a different message We are asking our schools in this coun- doing here with this CR is nibbling and today with this amendment. Instead of try to do more and more as they are nibbling away at education. So in 49 cuts, we should be talking in terms of faced with different kinds of chal- days when we come back to another restoring education funding levels to at lenges, whether it is violence, sub- continuing resolution this becomes the least the 1995 levels. We do have to deal stance abuse, immigration, use of floor for the next continuing resolu- with the larger budget question for the many languages, or other kinds of tion. next 7 years and education must be a challenges, how can we cut education We have viewed continuing resolu- part of this. But cutting education for now? tions as a procedure used to delay any the next 49-days sends all the wrong All we are saying with this amend- final action until a broader solution signals on certainty of funding. ment is let us fulfill the promise that could be reached on spending matters. Washington has got to grow up. We was given by Republican and Demo- That is how they have been used his- have to learn how to get our business cratic leaders at that time when they torically. done. Education is no area in which to agreed to a balanced budget in 7 years, This year we are seeing a whole new play games. It is too critically impor- CBO numbers, but protect education. Mr. President, as these negotiations use of the continuing resolution. It is tant for the well-being of this Nation continue, with the clear admonition by now becoming a vehicle by which we and for families who are planning for Republicans and the President of the make policy decisions on a piecemeal the education of their children. United States to say we are going to basis. Even though there is broad So, Mr. President, I sincerely hope protect education, we believe that the agreement at the leadership level of that on this one issue, despite what only way you are going to protect it is each of our parties to protect edu- other differences we have in other at least use the same kind of commit- cation from cuts, these continuing res- areas—because my colleague from olutions are cutting education. That is ment to education programs that were Pennsylvania has said over and over used in 1995. Do not increase it to take what this effort is, despite the fact again it is not in debate whether or not that 75 to 80 percent of the American into consideration the expansion of the we ought to be doing in education—let school population, do not increase it to public have told us from one end of this us send the other body the signal this country to the other, we want you to meet the additional kind of challenges afternoon that we agree with our col- in technology, do not increase it to try balance this budget, we want you to do league from Pennsylvania and that we it in 7 years; and, we also hope you un- to raise additional academic standards, are going to take education off the which are the possibilities, but just derstand that we need to grow in this table here, not for these 49 days, but country. keep it to 1995 levels. also down the road. We can send that Mr. President, the logic of the other Our economic growth levels are too message by voting for the amendment low. If we are going to grow as a Nation side that we have to continue along offered by the Senator from Massachu- with a continuing resolution that is in the next 7 to 10 years, one of the setts. critical ingredients is going to be edu- going to result in a diminution of those The PRESIDING OFFICER. The Sen- funds by some $3.1 billion defies all cation. My colleague from Pennsyl- ator’s time has expired. vania talks about the status of his par- logic and all understanding. I hope the Who yields time? Senate will accept this amendment. I ents and the difficulty as immigrants Mr. KENNEDY. How much time re- coming to this country. His story is an reserve the remainder of the time. mains, Mr. President? The PRESIDING OFFICER. The Sen- ennobling one, and one that could be The PRESIDING OFFICER. The Sen- ator has 1 minute remaining. told by millions of American families. ator from Massachusetts has 4 minutes The Senator from Pennsylvania con- The problem in the fall of 1996 is that remaining. trols 20 minutes 40 seconds. opportunity will be limited for millions Mr. KENNEDY. On the other side? Mr. DASCHLE addressed the Chair. of American students. In higher edu- The PRESIDING OFFICER. The The PRESIDING OFFICER. The mi- cation, where an awful lot of institu- other side has 20 minutes 41 seconds re- nority leader. tions now have tuitions of $20,000 a maining. Mr. DASCHLE. Mr. President, I ask year and more, financial aid is more Who yields time? unanimous consent that I be allowed to important than ever. Even public insti- Mr. KENNEDY. Generally, Mr. Presi- use some of my leader time to make a tutions cost thousands of dollars. And dent, the proponents of amendments statement. yet, institutions are telling us, ‘‘We get a chance to make the final com- The PRESIDING OFFICER. The mi- cannot plan. We cannot process appli- ment. I do not know what the desire of nority leader has that right. cations for student aid or student loans the opponents would be. I would yield Mr. DASCHLE. Mr. President, let me because you in Washington can’t get myself, Mr. President, 3 minutes. commend the distinguished Senator your act together. We don’t know what The PRESIDING OFFICER. The Sen- from Massachusetts for his eloquent re- you are going to do on Pell grants or ator from Massachusetts. marks and his leadership on this issue. work study. We don’t know what you Mr. KENNEDY. Mr. President, some- This issue obviously is one of great im- are going to do on student loans.’’ And time around Thanksgiving, when there portance to all of us, but it is not the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S413 only problem that is created as a result dents and classrooms into the com- Democrats in Congress, in the Senate, of this continuing resolution. The prob- puter age, and I agree with that. But did not want us to take up the Labor lem is not just education; the problem the GOP budget rejects that goal. The and Health and Human Services bill. is funding for the environment, the President’s budget had requested $50 We tried. We even had votes. problem is in funding for housing, for million for technology to do exactly On September 29, we had a vote on parks, for reservations, for veterans what the Speaker suggests, but the whether or not we would move to this hospitals. This situation is getting House Appropriations Committee cut it bill, and they said, ‘‘No, we don’t want worse and worse because we have not in half, and the Senate proposed to cut to move to the bill.’’ They did not want been able to pass the appropriations that by two-thirds. to move to the bill because there is a bills that directly address the many The problem is not just funding. It is provision in there dealing with striker funding issues that this continuing res- the uncertainty that we are creating in replacement. Somebody said, ‘‘Well, olution does in a very inefficient and every single school district about the that wasn’t a germane amendment to unsatisfactory way. budget that they must endure and the this bill.’’ It certainly was. It said no The 75 percent funding level rep- extraordinary decisions that they are money should be used to enforce the resents the largest cut in education in going to have to make if we have not President’s Executive order dealing history, Mr. President. Others stated resolved this matter in the near future. with striker replacement. that, but it bears repeating. We are Schools have to submit budgets. There is also money in the bill that cutting $3.1 billion out of education They are doing that right now. But says no money will be used to enforce this year. There is no other time and they do not know what their funding the President’s order dealing with the no other situation that we have ever levels are going to be. The contractual prevailing wage on helpers. That has cut education that deeply. That is obligations will force districts right been in there for a few years. I wanted what this continuing resolution rep- now—as they consider the obligations it out. I might mention, the helper resents. they have and the ramifications of this amendment I wanted out. I had an It means cuts in reading and math funding—to send pink slips to teachers amendment against that a couple years programs for the disadvantaged stu- across the country. ago and I lost. I was willing to accept dents in title I. It means deep cuts in Trinity College just recently indi- defeat, and we went ahead and passed technology. It means cuts in our ef- cated that, because of problems with the appropriations bill. forts to bring about meaningful school past continuing resolutions, they have In this case, most people in this body reform and the Goals 2000 and national been able to provide only estimates favor keeping this language for striker education goals that are really a bipar- with regard to financial aid eligibility replacement so that the President tisan effort that we called for all the and that the uncertainty about funding would not legislate by Executive order. way back in 1989. It means deep cuts in and budgeting has complicated the ap- Some of us feel strongly about that. teacher development and training. It plication process tremendously. This Legislation should pass through Con- means cuts—in some cases elimi- situation has the potential to discour- gress, not by Executive order. The nation—of safe and drug-free schools. age qualified students from applying to President had a chance to pass the leg- That 25 percent cut in title I, just college. islation a year or two ago, and he did that alone, means over 1 million people The Federal Government provides not get it passed. Now he is trying to will be deprived of help in reading and only 7 percent of overall education do it with Executive order. We are try- math. It means 31,500 of their teachers funding, but those dollars can mean 100 ing to protect the prerogatives of the will be given pink slips in the near fu- percent of the resources for a young Congress. Article I, section 1: Congress ture. Cities across this country are person who needs help. shall pass all laws. going to be very hard-hit. In Detroit Mr. President, children learn by ex- Because we had that striker replace- that 25 percent reduction means a loss ample. Let us set an example of respon- ment provision in, the Democrats of $16.8 million in their budget this sibility, of foresight. Let us keep our would not allow us to take up the bill. year alone. Ten thousand fewer chil- commitment to America’s education. It has been several months. So when I dren will be served; 419 teachers will be Let us keep our commitment to Amer- hear my friend and colleague say we laid off. ica’s children. Let us adopt this amend- are so concerned that education school The chairman of the Democratic ment this afternoon. districts do not know what their budg- mayors in this country was kind I yield the floor. ets are, they should not be looking on enough to come to the Hill this morn- Mr. NICKLES addressed the Chair. this side of the aisle, because we want- ing with a very simple question. His The PRESIDING OFFICER (Mr. ed to pass this bill. question was: Which 25 percent of my THOMAS). Who yields time? I might mention as well, Mr. Presi- students in Detroit should I not edu- Mr. SPECTER. Mr. President, how dent, if we pass the Labor and Health cate? Which 25 percent do we tell they much time does the Senator from Okla- and Human Services bill, we have $1.5 can no longer come? Which 25 percent homa desire? billion more in the Senate bill than the are the ones who are going to be det- Mr. NICKLES. Will the Senator yield House. We would come up with higher rimentally affected simply because we me 4 minutes? education figures in the conference if have not resolved this problem? Mr. SPECTER. I do. we could get to conference. We cannot In Dallas, Mr. President, public Mr. NICKLES. Mr. President, first, I even get to conference with this bill schools must submit a budget by compliment my friend and colleague because, unfortunately, Members on March 21. They expect an increase of from Pennsylvania for his leadership, the Democratic side have not allowed 4,000 students next year, but do not yet and I just want to make a couple of us to take up the bill. even know if Federal funding will meet general comments. I, for one, would They will allow us to take up the bill the demand they know they have. like to see us pass the Labor, Health if we do it under unanimous consent In Philadelphia, they could lose $14 and Human Services appropriations and they win on all their issues. That million for math and reading programs. bill. We should have passed it by the is not the way we should legislate. Many of our Republican colleagues say end of September. We did not get it There are about five fairly contentious that their only agenda is to protect our done. We should have passed it by the issues dealt with in the Labor and children’s future, but I ask, how do we end of the year. We did not get it done. Health and Human Services bill—about protect our future, how do we protect You might ask, Why didn’t you pass five. I am willing to let the majority their future, if we deprive children of an appropriations bill? Because we had vote on all of those and let us find out the quality education they need to suc- something very unusual. As a matter how the Senate votes—let the majority ceed in the future? Siphoning off of fact, I have been in the Senate now— rule—and pass the appropriations bill money for education consigns Amer- this is my 16th year. I cannot remem- and go to conference and work out the ica’s children to a second-class future ber a party holding up moving to con- differences with the House and then of reduced opportunities. sidering an appropriations bill for send the bill to the President. If he ve- Speaker GINGRICH has often talked months. That is unique. That is his- toes it, then we will have to come about the importance of bringing stu- toric, and the reason is because the back. Maybe we will still be under a

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S414 CONGRESSIONAL RECORD — SENATE January 26, 1996 continuing resolution, but this is the because of these budget cuts. The De- Safe and Drug Free Schools will face only bill in the Senate this year we partment’s recent success in pros- a $115 million cut, which endangers vio- have not been able to pass. I think that ecuting abuse of 401(k) plans cannot be lence and drug-abuse prevention pro- is regrettable. continued if these cuts are not re- grams in more than 14,000 school dis- The reason we have not been able to scinded. tricts. In my State that means over a pass it, unfortunately, is because Mem- In addition, as a result of these cuts, $12 million dollar loss in this fiscal bers on the Democratic side of the aisle OSHA will see its budget reduced by 16 year. have not allowed us to proceed to the percent by this bill. Already, we spend Political fights cannot and should bill, and that needs to change. less than $3 per worker on workplace not get in the way of important edu- Mr. President, I ask my colleague for safety and enforcement. Dangerous cational programs. I urge my col- an additional minute. workplaces can already go years with- leagues to support the Kennedy amend- Mr. SPECTER. Agreed. out an inspection, because there are so ment and restore funding for education Mr. NICKLES. Mr. President, we did few OSHA inspectors already. Thou- programs to its full fiscal year 1995 finally, under this bill, pass the foreign sands of workers will be jeopardized by funding level, even if it is only for 45 operations bill. That was one of the these cuts, because hazards that would days—45 days is better than none. contentious bills. We finally have that have been found and corrected go unde- Mr. KOHL. Mr. President, I rise in resolved. We should pass the Depart- tected. It is not just the inspectors who support of the amendment offered by ment of the Interior bill. That was ve- will be cut, but the consultants who Senator KENNEDY. This amendment toed by the President. That shut down work with employers to improve their would go a long way toward easing the parks; that shut down the muse- safety, as well. fears of educators and parents alike by ums. That is unfortunate. It should not We cannot fix everything that is locking in education at a strong level have happened. But we have really an wrong with this budget today. But I under this funding measure. agreement on every contentious issue look forward to working with others in Holding education funding hostage to pass the Department of the Interior Congress to see that funding for these during the ongoing budget struggle is bill. critical agencies that protect the lives wrong. In the process of reaching a I compliment Senator GORTON for his and pocketbooks of American workers budget agreement we should not leave leadership. We should send that to the is restored. education programs underfunded and President. He should sign that bill. Mrs. BOXER. Mr. President, I rise in adrift in uncertainty. There is no reason for that bill to still strong support of my colleagues’ Absent a miraculous and quick reso- be caught up in some of this con- amendment to the continuing funding lution to those issues holding up the troversy. resolution regarding education fund- Labor, Health and Human Services, We still have Commerce, State, Jus- ing. and Education appropriations bill, we The Kennedy, Simon, Jeffords, Snowe tice, VA–HUD, Labor, and Health and should approve funding for education amendment will provide that for the Human Services. Labor and Health is consistent with last year’s levels. The duration of this continuing resolution, the only one that has not passed the Kennedy amendment would do just funding for education programs will Senate, and it has not passed because that. not go below the fiscal year 1995 appro- our friends on the other side of the Mr. President, shutting down the priation. aisle have refused to let us proceed to Education is a priority among the Government as a budget bargaining it. We should proceed to it, vote on American people. In 1995, 75 percent of ploy was the height of fiscal irrespon- those amendments in disagreement and Americans said that aid to education sibility. The piece-meal, short term send it to the House, go to conference should be expanded—not cut. In poll budget measures are not much better. and finish our bill. after poll, the American people strong- Although necessary to end or prevent I yield the floor and thank my col- ly oppose cuts to education programs further Government shutdowns, the league and compliment the Senator and youth programs to balance the temporary spending bills have meant from Pennsylvania, because he has Federal budget. severe reductions in education re- tried endlessly to bring this bill before This continuing resolution funds edu- sources. the Senate and have it finally resolved. cation programs at the lower of the Many critical education programs Mr. KENNEDY. The programs in- House or Senate levels, with no pro- have been cut by 25 percent under the cluded in our amendment are not the gram being funded at less than 75% of short term spending bills. As a result, only ones that deserve to be fairly the fiscal year 1995 funding levels. With school administrators and parents are funded. They are not the only pro- these funding levels, education cuts left wondering whether the Congress grams that will experience damaging will exceed $3 billion in the current fis- really is committed to education. effects under the current CR. I am cal year. The American people know that im- committed to addressing those other The Kennedy amendment would re- proving our elementary and secondary programs at the earliest opportunity. store funding for education programs schools, and increasing access to high- I am particularly concerned about to the full fiscal year 1995 funding lev- er education are sound investments. programs in the Department of Labor els for the duration of the continuing Like money spent on our Nation’s de- that provide critical protection for the funding resolution. fense or a safe environment, resources lives, and health and economic security Although the continuing funding res- directed toward educating young peo- of America’s workers. The CR makes olution extends only through March 15, ple is essential to our competitiveness deep cuts in funding for the agencies it hits school districts and colleges in and quality of life in the next century. that protect workers from being forced their peak planning and budgeting cy- We all profess to support our stu- to work long hours of overtime without cles for the next school years. dents and communities, but now is the adequate compensation. Child labor in- If the funding levels in this con- time for action and not just words. spectors will be laid off, and the sweat- tinuing resolution continue throughout As we demand that students stay in shop conditions the Labor Department this fiscal year many educational pro- school, study harder, and act respon- has attacked in the garment industry grams will be affected. sibly, we must fulfill our own respon- this year will only worsen. Title 1 reading and math programs sibilities to children and their schools The Department’s pension protection will lose $1.1 billion, which means that by passing a strong education budget. initiatives will be seriously damaged over 1 million children will lose serv- Communities in each of our States by these cuts. One out of twelve em- ices and 31,500 teachers will have to be are waiting for us to pass annual legis- ployees in the pension agency could be laid off this year. lation so that they can make decisions laid off, leaving hundreds of troubled Goals 2000 will face a $93 million cut, on what to fund and what must be sac- pension plans unaudited. The pension which will jeopardize innovative rificed. Superintendents and school agency recovers $350 million a year as projects for 8 million students in 9,000 boards are trying to act responsibly a result of its investigations. Thou- school districts. In my State, that is and balance their own budgets for next sands of employees will be hurt if plans over a $10 million loss in this fiscal year, yet their hands are tied until the that have cheated them go undetected year. Congress takes decisive action.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S415 This amendment would assure edu- intendent, and the other West Virginia balanced budget. We cannot afford to cators, parents and students that Con- educators who wrote to me. We must slide backward to gridlock. gress is commited to improving edu- continue to invest in education for our Let me emphasize, the funding levels cation. Such an assurance is long over- children and I support the Kennedy for education are temporary, until due. amendment for them and for the stu- March 15 of this year. I will continue I am pleased to support the Kennedy dents who need title 1, Safe and Drug- working to ensure that vital education amendment and I encourage my col- Free Schools programs, vocational edu- programs receive sufficient funds for leagues to do the same. cation, and other effective education the remainder of the fiscal year. In Mr. ROCKEFELLER. Mr. President, programs. fact, the Senate should consider the education determines our future—the Opponents of the Kennedy amend- Labor, HHS, and Education appropria- future of our children, our States, and ment claim that this amendment will tions bill, I intend to offer an amend- our Nation. Without a good education, hurt other programs within the Labor- ment to increase funding for the Im- children in West Virginia cannot fulfill HHS-Education appropriations bill. pact Aid Program. I hope to offer this their potential. Our country must in- They say that it will impose harsher amendment in the near future. crease its commitment to education, cuts on the National Institute of In the meantime, we must pursue the not pare it back, in order to meet the Health and other meritorious pro- goal of a balanced budget without wa- fierce challenges of a highly competi- grams. Such an argument is a smoke- vering. The greatest single threat to tive world and to ensure the long-term screen. This argument assumes that education and a bright future for security of our citizens. Congress and the President will ulti- younger generations is runaway Fed- While I recognize the need to enact eral spending. If we do not act, young this next continuing resolution to keep mately accept the spending levels ap- the Federal Government open, I am im- proved by the House of Representatives people will be saddled with a much mensely sorry to see that the majority in August 1995. Since then, the Presi- greater burden—the burgeoning $4.8 party still persists in cutting education dent and congressional leaders have al- trillion debt. Without balanced budg- and other programs that are so essen- ready acknowledged that funding ets, interest on the Federal debt will tial to the families of our States. The should be increased in the key areas. continue to skyrocket, eventually $3 billion cut in education programs, We should not accept the argument of squeezing out funding for legitimate implicit in the funding levels of this opponents and allow a short-term, 7 programs such as title I or school bill, is exactly what Americans fear. week spending bill dominate—and dev- lunches. The most important step the Obviously, the continuing resolution astate—education funding for an entire Federal Government can take to im- has to pass to avoid a much larger cri- year. prove the opportunities for young peo- sis. But this education amendment I We should not kid ourselves and pre- ple is to control Federal spending and am cosponsoring will establish a clear tend that we are ‘‘helping our children eliminate the deficit. I look forward to record that some of us believe edu- in the future’’ with a Federal budget working with my colleagues to this cation should be treated as the priority that cripples education and program end. that it is for children and families, and cuts that limit educational opportuni- Mr. SPECTER addressed the Chair. some do not. ties for children from Head Start The PRESIDING OFFICER (Mr. Education is a priority for the people through college. It is simply wrong. We COVERDELL). The Chair recognizes the of West Virginia and our country. And should not accept such harsh cuts in Senator from Pennsylvania. it has been a priority for me through- education programs and risk our chil- Mr. SPECTER. How much time re- out my career in public service. dren’s future. I am sorry to see the ma- mains? Because of other, noneducation jority party pushing a continuing reso- The PRESIDING OFFICER. The Sen- issues, the full Senate has not had its lution that treats education and chil- ator’s side has 16 minutes remaining. opportunity to vote on education fund- dren so poorly. This is a big mistake, Mr. SPECTER. Mr. President, I will ing this Congress, and consequently and I support this amendment to make be in a position to yield back time this continuing resolution endorses the it clear that some of us really stand by after a brief statement. The Senator House-passed education cuts, up to 25 our words about the importance of edu- from Massachusetts has claimed the percent. This is too harsh, and it will cating every child to his and her poten- prerogative of the last argument. I do devastate education funding in coun- tial. not know that he is entitled to it, but ties across my State, potentially caus- Mr. PRESSLER. Mr. President, I will let him have the last minute. ing lay-offs among title 1 teachers. today the Senate will vote to waive the The essence of this matter is that the When the House of Representatives budget act to increase funds for edu- Senator from Massachusetts has of- passed its appropriations bill that cuts cation. I certainly agree with the goal fered an amendment to restore funding education programs so severely, I of the amendment. Federal programs in education to the 1995 level, and that wrote to West Virginia school super- such as Impact Aid and title I are im- is a proposition that I agree with on intendents to ask what would happen portant to South Dakota schools and the merits. I chair the subcommittee in their counties if such cuts became students across the country. However, which has jurisdiction over the Depart- law. According to the Nicholas County although this amendment looks favor- ments of Labor, Health and Human Superintendent: able at first glance, further study re- Services, and Education. When the sub- . . . a reduction of federal dollars would be veals two significant problems. committee received an allocation hard to overcome. The cuts in Title 1 would First, in order to pay for the amend- which was $1.534 billion more than the mean loss of services to our students in crit- ment, other vital programs would be House, all of that money was put into ical programs that would reflect in lower cut. The National Institutes of Health, education, with the leadership of the test scores. . .. The increasing cost of equip- ment and supplies for Vocational Education elderly nutrition programs, Maternal distinguished ranking member, Sen- especially in the area of technology have and Child Health block grants, and job ator HARKIN, and myself. doubled yearly. Our students desperately training programs would be reduced be- While I agree that we ought to have need the equipment and supplies to gain the yond the levels outlined in the con- more money in education, I must op- skill necessary for productive and worth- tinuing resolution. This amendment pose this amendment. If the allocation while lives after graduation. . .. Our country simply would rob Peter to pay Paul. stays as it is, and no additional money cannot be put in the position of having a sec- Second, this amendment would risk is added to the subcommittee alloca- ond rate educational system as compared to another Government shutdown by tion by an agreement reached between other countries in the world. If our students are not prepared both academically and with sending the bill back to the House of the President and the leadership in the the skills necessary to compete in a world- Representatives. The previous con- Congress, then there will be a 10.5 per- wide job market, our country will fall behind tinuing resolution expires at midnight cent cut on many, many very, very im- and eventually deteriorate. tonight, and any delays in sending this portant programs. These programs in- Other superintendents sent similar bill to the White House could cause a cluded the National Institutes of letters. shutdown. Good progress has been Health, employment and training and I completely agree with William made in budget talks this week. We older workers’ jobs programs, Social Grizzell, the Nicholas County Super- must continue to move forward to a Security Administration, nutrition and

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S416 CONGRESSIONAL RECORD — SENATE January 26, 1996 other programs for the elderly, is in session for a pro forma, or what- I further announce that, if present LIHEAP fuel assistance, community ever, and it can be ratified by the and voting, the Senator from Colorado and migrant health centers, Ryan House later this afternoon. [Mr. CAMPBELL] would vote ‘‘nay.’’ White on AIDS, maternal and child The Republicans will raise a point of Mr. FORD. I announce that the Sen- health substance abuse, railroad retire- order. The point of order is based on ator from South Carolina [Mr. HOL- ment benefits and many, many others. section 311 of the Budget Act, which re- LINGS] is necessarily absent. Now, that is simply an intolerable quires that levels of all spending The PRESIDING OFFICER. Are there situation. What the Senator from Mas- should not exceed the totals in the any other Senators in the Chamber de- sachusetts may be intending to do here budget reconciliation for the whole siring to vote? is to get momentum to have more year. By that standard, we are already The yeas and nays resulted—yeas 51, money in education. I have already over the 1996 allocation because there nays 40, as follows: suggested that I believe that is coun- is no budget reconciliation bill enacted [Rollcall Vote No. 1 Leg.] terproductive because I would favor at this point. So by the majority’s rea- YEAS—51 that as a matter of principle, but can- soning, the two underlying continuing Akaka Feingold Levin not support this amendment. There are resolutions and previous continuing Baucus Feinstein Lieberman other Senators I know who would also resolution, as well, also would violate Biden Ford Mikulski Bingaman Glenn Moseley-Braun favor it as a matter of principle. So if the Budget Act, and a point of order Boxer Graham Moynihan you take a look at the number of Sen- could have been raised against them, as Bradley Harkin Murray ators who are going to vote in favor of well, which shows the double standard Breaux Hatch Nunn Bryan Heflin Pell this amendment, it is not going to be applied to this education amendment. Bumpers Inouye Pryor representative of those who would like Mr. President, with this amendment, Byrd Jeffords Reid to have more funding in education. we are taking the commitment of the Chafee Johnston Robb Mr. NICKLES. Will the Senator yield President and the Republican leader- Cohen Kennedy Rockefeller Conrad Kerrey Sarbanes for a question? ship in the House and Senate that says Daschle Kerry Simon Mr. SPECTER. Mr. President, I yield we are going to protect education, and Dodd Kohl Snowe to Senator NICKLES. we are going to insist that that be the Dorgan Lautenberg Warner Mr. NICKLES. I ask my colleague case by, at least, assuring the 1995 lev- Exon Leahy Wellstone from Pennsylvania, is it not correct els for the next 49 days so that the NAYS—40 that the House has finished their busi- budget can be worked out between the Abraham Grams Murkowski ness, and if we amend this, we jeop- President and the Congress and en- Ashcroft Grassley Nickles ardize—or have the possibility of hav- Bond Gregg Pressler acted—and protect education. This pro- Brown Hatfield ing another Government shutdown be- Roth vides the basis for that program. Burns Helms Santorum cause of this amendment? I yield the floor. Cochran Hutchison Simpson Mr. SPECTER. That is correct. That The PRESIDING OFFICER. All time Coverdell Inhofe Smith argument was made earlier. It led to Craig Kassebaum Specter has expired. D’Amato Kempthorne Stevens the counterargument of should we have Mr. SPECTER. Mr. President, I do DeWine Lott Thomas to defer because the House is not in Dole Lugar not believe I have yielded back my Thompson session? I am somewhat unwilling to time yet. I intend to do so, but first I Domenici Mack Frist McCain Thurmond base action on the House not being in wish to say that the current level of Gorton McConnell session. But the Senator from Okla- budget authority and outlays exceed NOT VOTING—8 homa is correct that the House is not the aggregate levels set forth in the in session and that the practical re- budget resolution for fiscal year 1996. Bennett Faircloth Kyl Campbell Gramm Shelby ality would be that there would be no The pending amendment provides addi- Coats Hollings continuing resolution. I had said ear- tional new budget authority and will The PRESIDING OFFICER. On this lier to the Senator from Illinois that, result in additional outlays in that question, the ayes are 51, the nays are as much as the funding is in jeopardy year and its adoption will cause the ag- 40. Three-fifths of the Senators duly in Illinois and Pennsylvania and Okla- gregate levels of budget authority and chosen and sworn not having voted in homa, it would be more so if we shut outlays to be further exceeded. I, there- the affirmative, the motion is rejected. down the Government. fore, raise a point of other under sec- The amendment fails. I have relied principally on the sub- tion 311 of the Budget Act against this Mr. SPECTER. Mr. President, I move stantive arguments that this amend- amendment. to reconsider the vote. ment simply takes too much away Mr. KENNEDY. Mr. President, pursu- Mr. BURNS. I move to lay that mo- from Peter to pay Paul, and that the ant to section 904 of the Congressional tion on the table. resolution is going to have to come Budget Act of 1974, I move to waive the The motion to lay on the table was with the subcommittee bill and with applicable sections of that act for the agreed to. the reallocation of funds. I think there consideration of the pending amend- Mr. DASCHLE addressed the Chair. will be more funds, Mr. President. ment and the underlying bill. The PRESIDING OFFICER. The There have been signals given that Mr. SPECTER. Mr. President, I ask Chair recognizes the minority leader. there will be an additional $5 billion on for the yeas and nays. The Senator will suspend for a mo- a number of programs, which will have The PRESIDING OFFICER. Is there a ment. The Senate will come to order. to be shared with the Environmental sufficient second? The Chair recognizes the minority Protection Agency and the Veterans There is a sufficient second. leader. Administration. But I expect a signifi- The yeas and nays are ordered. f cant amount of money to be added as a The question is on agreeing to the result of the negotiations to the sub- motion. COMMENDING SENATOR SAM committee which has jurisdiction over The clerk will call the roll. NUNN FOR CASTING 10,000 VOTES education. The assistant legislative clerk called Mr. DASCHLE. Mr. President, I send That concludes my argument. I will the roll. a resolution to the desk and ask for its allow my colleague from Massachu- Mr. LOTT. I announce that the Sen- immediate consideration. setts to take his last minute, and then ator from Utah [Mr. BENNETT], the The PRESIDING OFFICER. The reso- I will seek to regain the floor before Senator from Colorado [Mr. CAMP- lution will be stated. formally yielding the remainder of the BELL], the Senator from Indiana [Mr. The assistant legislative clerk read time before making a point of order COATS], the Senator from North Caro- as follows: under section 311 of the Budget Act. lina [Mr. FAIRCLOTH], the Senator from A resolution (S. Res. 213) commending Sen- The PRESIDING OFFICER. The Sen- Texas [Mr. GRAMM], the Senator from ator SAM NUNN for casting 10,000 votes. ator from Massachusetts is recognized. Arizona [Mr. KYL], and the Senator S. RES. 213 Mr. KENNEDY. Mr. President, in re- from Alabama [Mr. SHELBY], are nec- Whereas, the Honorable Sam Nunn has sponse to Senator NICKLES, the House essarily absent. served with distinction and commitment as a

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S417 U.S. Senator from the State of Georgia since Most importantly, his expertise and them in particular. There is David Al- January 1973; leadership has been recognized by the exander Nunn. David, as we all know, Whereas, his dedicated service as a U.S. Senator has contributed to the effectiveness people of Georgia. In 1984, they re- is a Biblical name. Alexander, as we all and betterment of this institution; elected him with 80 percent of the know, was a great military general and Whereas, he has dutifully and faithfully vote—defeating his opponent by a 4 to ruler. And Nunn is a Biblical name. It served the Senate as chairman of the Armed 1 margin. That was exceeded in 1990, is spelled N-u-n in the Bible. And often Services Committee (1987–1994); when Senator NUNN was unopposed in I have asked SAM, facetiously, if he Whereas, his expertise and leadership in defense and military policies has been of tre- both the State’s primary and the gen- named one of his sons Joshua. We are mendous benefit to our Nation and to our eral election for U.S. Senator. told that Joshua was the son of Nun. men and women in uniform; Still, I would like to point out that And then I noted SAM’s name—SAM- Resolved, That the U.S. Senate congratu- Senator NUNN’s career has not been UEL, again a Biblical name, who an- lates the Honorable Sam Nunn, the senior confined to or consumed by military swered God’s call. He said, ‘‘Here am I. Senator from Georgia, for becoming the 17th and defense issues. In the Senate, he U.S. Senator in history to cast 10,000 votes. Send me.’’ SEC 2. The Secretary of the Senate shall has played monumental roles in laying the groundwork for national service And I saw this Senator who said in transmit a copy of this resolution to Senator response to the needs of the people of Sam Nunn. legislation, on deficit reduction, and on efforts to redirect our national eco- Georgia, ‘‘Here am I. Send me.’’ The PRESIDING OFFICER. The mi- ‘‘Speak, Lord, thy servant heareth.’’ nority leader is recognized. nomic and tax policies. Mr. DASCHLE. Mr. President, it was Put simply, Senator NUNN has been a And then his middle name is, as I in- on January 23, 1973, that a young, leading figure in American govern- dicated, AUGUSTUS. I do not know how newly elected, freshman Senator from ment. The Senate’s foremost historian, many of you knew that. But Augustus Georgia cast his first vote in this Senator ROBERT C. BYRD, has appro- was the first Roman emperor. He de- chamber—a vote to confirm a nominee priately remarked that Senator NUNN feated Cleopatra and Anthony at the to be Assistant Secretary of Defense. is one of those rare and extraordinary Battle of Actium in 31 B.C. on Sep- Today, 9,999 votes later, that Senator Senators ‘‘who would have been recog- tember 2, the same birth month as has become the Senate’s leading au- nized as [a] great senator in any age SAM’s. SAM was born September 8th, thority on defense policies. * * * in any period during the [past] 200 not that long ago, but in 1938. But he Mr. President, it is with great pride years’’ of the Republic. was born in September, the same and pleasure that I announce that Sen- Indeed, he would, and how pleased month that this great battle was ator SAM NUNN has just become the and honored I am to have the oppor- fought in 31 B.C.—it has been called 17th Senator in U.S. history to cast tunity to recognize and congratulate one of the decisive battles of the world. 10,000 votes. I am pleased to congratu- our Senator, Senator SAM NUNN. The Emperor Augustus was one of the late him for this remarkable achieve- The PRESIDING OFFICER. Without great administrative geniuses of all ment and thank him for his service to objection, the resolution and preamble time. are agreed to. this institution and our country. So I think of SAM NUNN as someone In his leadership role on defense poli- The resolution (S. Res. 213) was who has demonstrated a great genius cies, Senator NUNN is following in the agreed to. in his work in this body. He has dem- footsteps of two other great legislators The preamble was agreed to. onstrated that work as chairman of the from the State of Georgia. The resolution, with its preamble, is Representative Carl Vinson, who hap- as follows: committees. He has been a remarkable pened to be Senator NUNN’s great Whereas, the Honorable Sam Nunn has chairman. And he has been a remark- uncle, chaired the House Armed Serv- served with distinction and commitment as a able Senator. U.S. Senator from the State of Georgia since He will be leaving us after this year, ices Committee. Senator Richard Rus- January 1973; sell, who held for 38 years the Senate Whereas, his dedicated service as a U.S. and I will have more to say about that seat that Senator NUNN now holds, Senator has contributed to the effectiveness later. But today, I could not constrain chaired the Senate Armed Services and betterment of this institution; myself. I had to say something by way Committee. Whereas, he has dutifully and faithfully of tribute to this fine Senator. I Senator NUNN served as chairman of served the Senate as Chairman of the Armed watched him come here. I have Services Committee, (1987–1994); the Senate Armed Services Committee Whereas, his expertise and leadership in watched him grow. I served in the from 1987 to 1994, and is currently the defense and military policies has been of tre- House of Representatives with his ranking Democrat on the committee. mendous benefit to our nation and to our granduncle, Carl Vinson, who lived to He has introduced or cosponsored the men and women in uniform, be 97. He was in his 98th year when he most important legislation concerning Resolved, That the U.S. Senate congratu- died. He was chairman of the Armed military and defense issues of the past lates the Honorable Sam Nunn, the senior Services Committee of the House of two decades, including defense reorga- Senator from Georgia, for becoming the 17th Representatives when I was in the nization, measures to reduce the threat U.S. Senator in history to cast 10,000 votes. SEC. 2. The Secretary of the Senate shall House. of nuclear war, Pentagon procurement transmit a copy of this resolution to Senator So this has been a long line of famous reform, base closing, and restructuring Sam Nunn. Georgians who have been great chair- of military pay and benefits. Mr. BYRD addressed the Chair. men, who have rendered great services He has earned the respect of both Re- The PRESIDING OFFICER. The publican and Democratic Senators in the field of national defense—Carl Chair recognizes the Senator from Vinson, Senator Richard Russell, and through his efforts to ensure the integ- West Virginia. AM NUNN. rity and mission of our military estab- Mr. BYRD. Mr. President, as a Sen- now Senator S lishment in the face of massive budget ator who has witnessed the services I close with the words of a poet, if I cutting. Thanks to his efforts, while we that have been rendered to our country can remember them, which I think are now have a leaner military, it is a by this very remarkable American and appropriate at this moment. more cost-effective military, rather extraordinarily remarkable Senator, I It isn’t enough to say in our hearts than a weaker one. wish to add just a few words about That we like a man for his ways; Senator NUNN’s expertise in military SAMUEL AUGUSTUS NUNN. It isn’t enough that we fill our minds and defense policy has been recognized He is the second individual who has With psalms of silent praise; and appreciated far beyond Capitol served in the Congress by the name of Nor is it enough that we honor a man Hill. Every administration since the As our confidence upward mounts; Nunn. The first was David Alexander It’s going right up to the man himself Carter administration has consulted Nunn, who served from the State of And telling him so that counts. him on military matters. And each of Tennessee, elected to the House of Rep- If a man does a work that you really admire, those administrations has considered resentatives in 1867, served for 2 years, Don’t leave a kind word unsaid. him for a top level position in the ad- and then was not reelected, but in 1873, In fear to do so might make him vain ministration. We in the Senate are ex- was elected to a second term. And cause him to lose his head. tremely fortunate that Senator NUNN I was looking over these names last But reach out your hand and tell him, ‘‘Well has chosen to serve here. night, and something struck me about done.’’

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S418 CONGRESSIONAL RECORD — SENATE January 26, 1996 And see how his gratitude swells. Mr. LOTT. Mr. President, on behalf So this is the culmination of a very It isn’t the flowers we strew on the grave, of the majority—and, of course, our historic week, and I cannot help but re- It’s the word to the living that tells. distinguished President pro tempore call the words that Senator BYRD of- I will break the Senate rules in this has already spoken—I would like to fered in the dedication of that statue instance by addressing another Senator join our colleagues in congratulating this week when he said that he had in the second person. Congratulations the outstanding Senator from Georgia never—in spite of the fact of serving to you, SAM NUNN. We will long wait to for this monumental accomplishment with Senator Russell all those years, see someone who can fill your shoes as of 10,000 votes. had such reverence for him; he knew you have filled the shoes of that great We came to Congress together in him well—called him anything but patriarch, Richard Brevard Russell. 1973. I am going to have to go back and ‘‘Senator Russell.’’ Congratulations! check to see how many votes I have That is a tribute that cannot be ex- Mr. THURMOND addressed the Chair. cast, both in the House, of course, and ceeded. I have used the word ‘‘ROBERT’’ The PRESIDING OFFICER. The the Senate. But it truly is a remark- time and time again because we are Chair recognizes the Senator from able achievement. I had no idea actu- such good friends, but in that tradition South Carolina. ally how few had achieved this mark in I would like to address you for the rest Mr. THURMOND. Mr. President, SAM history. But I also concur in the state- of my days here as ‘‘Senator BYRD,’’ in NUNN is a man of integrity, ability, and ments that have been made about the the great respect that I have for you dedication. I have been on the Armed tremendous contributions the Senator because in the heat of battle, when we Services Committee since 1959, and I from Georgia has made over the years. have so many substantive differences, I was so pleased that he joined the com- He has really continued the tradition think too many times all of us forget mittee when he came to the Senate. He of leaders from Georgia, particularly in what a tremendous honor it is to serve rendered outstanding service as a mem- this body, the Senate, who have left an in this Senate, which is in my mind, ber of the committee and as chairman indelible mark on the history of our without a doubt, the greatest legisla- of the committee. He is known as an country. tive body not only in the world today expert on defense matters. Not only in We have all grown to respect and ad- but in history. defense; he has done a fine job in every mire Senator NUNN, from Georgia, his We have all of our frustrations with endeavor since he has been in the Sen- integrity, his intelligence, his leader- delays and schedules, and we always ate. This country would be better off ship in armed services and budget mat- have a hard time knowing what we are today if we had more people like SAM ters. It is one that we truly appreciate. going to do from , but when NUNN in the Senate and the House as I had not had an opportunity to express you think about the things that make well as the judicial and executive my admiration to the Senator and say the schedule so uncertain here and the branches. I am proud of his friendship, how much I enjoyed working with him. things that make us so many times so proud to have worked with him. He has I am glad we have at least 11 more frustrated are also the things that been a great citizen of America and he months to work together. And I know make this body unique, the right of has rendered outstanding service of that even though he will be leaving any Senator to take the floor and con- which we can all be proud. this body, the leadership he has pro- Thank you, Mr. President. tinue uninterrupted as long as they vided will live on in many, many ways Mr. EXON addressed the Chair. choose until there is an appropriate The PRESIDING OFFICER. The and we will be working together on implementation of cloture, and even Chair recognizes the Senator from Ne- other issues. So I congratulate the Sen- then someone has to get the floor, it is braska. ator on this fine achievement. a rare body. It has its distinctions from Mr. EXON. Mr. President, many of I yield the floor, Mr. President. any other body in the world and I think my most distinguished colleagues, in- Mr. NUNN addressed the Chair. we should always remember that. The PRESIDING OFFICER. The cluding the minority leader, including I cannot say, I say to my friend from Chair recognizes the Senator from the great, distinguished member and West Virginia, and my colleagues, that Georgia. the former chairman of the Appropria- I have enjoyed every vote I have cast Mr. NUNN. Mr. President, that vote tions Committee and now the ranking here. Some of them have been agoniz- was easier cast than to respond to the Democrat, Senator BYRD, my very able ing, as we all know. And I cannot say aftermath. I would have to say that I colleague from South Carolina, the I have enjoyed every hour I have served was surprised. I knew that I was near- chairman of the committee, and others here. But I can say I have enjoyed ing the 10,000 mark, but I did not know will follow to give their accolades to every day I have served here, and I will I would reach it today. always cherish as long as I live my our dear friend, SAM NUNN. I must say that to be honored in this I rise as a man who has worked close- service in the Senate and my friendship fashion is, indeed, touching and is a re- ly with him under his tutelage for the with each of you. So I thank the Chair minder of how much serving in this last 18 years on many matters in the and I thank my colleagues, and I look body has meant to me. I thank my Senate and primarily with regard to forward to a lot more votes before my friend from Mississippi, and my friend the national security interests of the day is done. from South Carolina, and my friend United States of America. [Applause, Senators rising.] I simply wish to add my name to the from Nebraska. I thank the majority The PRESIDING OFFICER. The accolades of others who have spoken so leader, and I thank the man that is Chair recognizes the Senator from New eloquently on this true favorite son of really the person we all look to to York. the State of Georgia. carry on the traditions and ideals of Mr. MOYNIHAN. I thank the Chair. SAM NUNN, you have set an example the Senate, Senator ROBERT BYRD of f for all of us to follow while you have West Virginia. been here, and you are setting an ex- Mr. President, I am also delighted THE BALANCED BUDGET ample as others have set in other work that my friend and colleague from DOWNPAYMENT ACT, I Georgia, Senator COVERDELL, is pre- for other people who are most con- The Senate continued with the con- cerned about the United States of siding at this special moment in my life. I think this has been a historic sideration of the bill. America. Regardless of political affili- Mr. MOYNIHAN addressed the Chair. ation, you have set a record for others week not because I have cast my 10,000th vote but because we have The PRESIDING OFFICER. The Sen- to follow. ator from New York. Thank you, SAM, for all the help you placed in the Russell Building, named AMENDMENT NO. 3120 have been. You have been great for the after my predecessor from Georgia, United States of America. Senator Dick Russell, a statue of Sen- (Purpose: To increase the public debt limit) I yield the floor. ator Russell, and as the Vice President Mr. MOYNIHAN. Mr. President, I Mr. LOTT addressed the Chair. said, Dick Russell, one of the greatest send an amendment to the desk and The PRESIDING OFFICER. The Senators who ever served in this body, ask for its immediate consideration. Chair recognizes the Senator from Mis- is now where he belongs. He is standing The PRESIDING OFFICER. The sissippi. tall in the Russell Building. clerk will report.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S419 The legislative clerk read as follows: We were a debtor then, a debtor na- ward because there are no funds, and The Senator from New York [Mr. MOY- tion, rapidly paying off our debt. We indeed we looked the unthinkable pros- NIHAN] proposes an amendment numbered would have none whatever by 1837. We pect of default in the very face. 3120. had acquired that debt in the course of At the end of the bill, add the following: I wrote then that there was an alter- the Revolutionary War. State govern- TITLE V—PUBLIC DEBT LIMIT native, that the possibility of a histor- ments incurred this debt, and Alex- SEC. 501. INCREASE IN PUBLIC DEBT LIMIT. ical compromise was present. ander Hamilton insisted that the Fed- Subsection (b) of section 3101 of title 31, Democrats might come to understand United States Code, is amended by striking eral Government assume that debt. the dollar amount contained in the first sen- Paying it off established the credit of the sense of the opposing party that tence and inserting ‘‘$5,400,000,000,000’’. the United States in Europe and in a Government, indeed, had become too Mr. MOYNIHAN. Mr. President, I will mode that allowed us to be a great im- big, too interventionist, at times, in- remark, if I might, on the brevity of porter of capital through the 19th cen- deed, an obstacle to the private lives this measure, the succinctness of its tury as we built our industries and in- and private fortunes of the citizenry. purpose, which is to increase the debt frastructure. There is that edge, the regulatory ceiling of the United States from the Today we are not only a debtor once state. present $4.9 trillion to $5.4—one should again but we are the world’s largest Republicans would have to under- not use decimal points when referring debtor, the result, Mr. President, not of stand that they could not put it in the War for Independence, but of the to trillions—$5.4 trillion. This $500 bil- service of the political strategy, they working out of the long-term strategy lion increase will provide sufficient could not put the integrity of the that took shape in the late 1970’s de- borrowing authority for the Federal United States of America at risk and signed to refashion the American Na- Government until about the end of that compromise may finally have May 1997. tional Government by dismantling its Mr. President, I offer this amend- finances. been reached. It has been agreed that ment on the circumstance of the 11th Mr. President, I spoke upon that sub- we will balance the budget in 7 years. time since 1984 that the Federal Gov- ject on any number of times in the This will involve reducing a great ernment has been in a ‘‘debt issuance 1970’s. In July 7, 1980, I wrote a long ar- many programs. It will involve pre- suspension period,’’ commonly known ticle for the New York Times describ- serving others. as a debt ceiling crisis. The repeated ing it. And I said of that strategy I stand here, Mr. President, to say to past crises of the debt ceiling, and the which came to be known as starve the the Republican Members across the present unprecedented, protracted cri- beast: aisle, ‘‘Your strategy has worked.’’ The sis that has been upon us since the debt The Republicans’ dominant idea, at least President, in the State of the Union ceiling was reached over 2 months ago, for the moment, seems to be that the social message 2 days ago, declared: ‘‘The era controls of modern Government have become has left the Secretary of the Treasury, of big Government is over.’’ He said it the distinguished Secretary Robert tyrannical or at the very least exorbitantly expensive. This impression, so the strategic not just once, he said it twice. Rubin, with little recourse under law analysis goes, is made possible by taxation by which he could allow the Govern- The debt service did it, not quite as such that cutting taxes becomes an objective anticipated but effectively so. The ment to continue. But he has now stat- in its own right, business cycles notwith- ed that there are three remaining ones, standing. strategy has worked. I might give you a specific, and I will not be long. In with the very specific sums associated And 31⁄2 years later, with the new ad- with each, and that in no cir- ministration in place and a budget def- 1994–1997, the period we are in, spending cumstances can the Government meet icit now steadily rising, I wrote of this on Government programs is less than its financial obligations after the 29th same subject. Might I just add, Mr. taxes for the first time since the 1960’s. of February or the 1st of March. President, that on January 20, 1981, the If you go back 30 years to the Kennedy- What we face, Mr. President, is the debt was about $900 billion. In the in- Johnson era, you will find a time when prospect of default. Moody’s Investors tervening 15 years we have added $4 we were spending less than we col- Service has placed on review for pos- trillion. lected in revenues, and at that time, a sible downgrading—those are the I spoke again of this basic propo- great source of concern arose for terms—some $387 billion of obligations sition, not easily understood, not wide- economists: the phenomenon of fiscal of the U.S. Treasury for interest pay- ly even noted. The proposition is that drag. Congress was not spending as ments falling due between February 29 the deficits were purposeful, that is to much money as it brought in. and April 1, the first time in our his- say, that the deficits in the President’s That changed so dramatically. The tory that the credit of the United initial budgets were purposeful. They deficits of the 1980’s, as far as the eye States has been potentially brought were expected to disappear. They have can see, continued until, in 1993, under into question by an investment advi- not disappeared. President Clinton, we passed legisla- sory service. The then-Director of the Office of How to scale this event? We are not Management and Budget, Mr. David tion that reduced spending and in- going to have many people participate Stockman, said there are $200 billion creased revenues by half a trillion dol- in this debate and not many people will deficits as far as the eye can see. And lars. After that, the deficit premium, be on the floor as we proceed. I wonder in that mode, the debt was beginning as it is called, on interest rates de- if there is not some apprehension about to accumulate. clined. The anticipation that we would this issue that leads to a kind of avoid- I put it up to the whole legislative deal with the deficit reduced interest ance. budgetary agenda at that time. I payments, and outlays were reduced by How would you scale this prospect of quote—this is in the New Republic of another $100 billion. default, Mr. President? I give you the December 31, 1983. I said: So right now, revenues are running typical prospect. It would be the equiv- There was a hidden agenda. It came out— ahead of outlays, save for the debt alent of losing a war. We are not talk- hidden in plain view like pearls of a pur- service. The debt service has done its ing about a program. We are not talk- loined necklace. It came out in a television speech sixteen work. Debt has done its work, and now ing about appropriations. We are talk- it seems to me, it appears to me, that ing about the United States of Amer- days after President Reagan’s inauguration, when he stated, ‘‘There were always those we have an understanding of the re- ica. who told us that taxes couldn’t be cut until ality. However little either side might The War of 1812 was perhaps the clos- spending was reduced. Well, you know we like it, it is there. est we ever came to losing a war. In can lecture our children about extravagance 1814 the British seized Washington. until we run out of voice and breath. Or we Can we not go forward now to agree They burned the White House. They can cut their extravagance by simply reduc- to extend the debt ceiling in the con- burned the Treasury building. They ing their allowance.’’ text of an agreement to bring about a burned the Capitol. But the service of That was the pattern, starve the balanced budget, not to put the United the debt of the U.S. Government went beast. It would be pointless to try to States at risk in a world in which we forward undisturbed out of subtreas- argue out of existence this program, are the largest debtor, and our debt is uries elsewhere, prominently New York that program, another appropriation. held by central banks and elsewhere all and Philadelphia. Simply make it impossible to go for- around the world? To bring it into

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S420 CONGRESSIONAL RECORD — SENATE January 26, 1996 question is to bring the fundamentals The proposition is that the deficits were ical care. But for the most part, and espe- of the American Government into ques- purposeful, that is to say, the deficits for the cially in the case of medical care, expendi- tion as well. President’s initial budgets. They were there- ture is growing at similar rates in both the I urge the Senate, I urge my friends after expected to disappear. That they have private and public sectors. Large social on the other side of the aisle to declare not, and will not, is the result of a massive forces are at work, not simply a peculiarly misunderstanding of American government. pathological tendency of government. victory and preserve the authority and This is not understood in either party. integrity of the United States Govern- Democrats feel uneasy with the subject, one A notable area of miscalculation, or rather ment because, Mr. President, nothing on which we have been attacked since the misinformation, among the Reaganites was less is at issue. New Deal. Republicans are simply that of foreign affairs. President Reagan has Mr. President, I ask unanimous con- uncomprehending, or, as Senator John Dan- acted much as his predecessors have done in sent that the two articles I mentioned forth of Missouri said in a speech on the debt foreign affairs, and for the elemental reason be printed in the RECORD. ceiling in November (referring to the whole that he is faced with much the same situa- There being no objection, the articles were Senate, but permit me an inference), ‘‘cata- tions. Invariably, this has meant spending ordered to be printed in the RECORD, as fol- tonic.’’ money. This fall the President had to plead lows: Start with the campaign. Although we with Congress to increase appropriations for [From the New Republic, Dec. 31, 1983] may be forgiven if we remember otherwise, the International Monetary Fund, something as a candidate, Mr. Reagan did not propose THE BIGGEST SPENDER OF THEM ALL— he cannot have expected ever to be doing, to reduce federal spending. Waste, yes, that REAGAN’S BANKRUPT BUDGET but there you are. As I write, the Kissinger would be eliminated, but name a program, at (By Daniel Patrick Moynihan) Commission on Central America is no doubt least one of any significance, that was to go. drawing up a massive ‘‘Marshall Plan’’ for In his first thousand days in office Ronald To the contrary, defense spending was to be the area. Is there any doubt that in the next Reagan increased the national debt of the considerably increased. That was the one United States by half. If he should serve a session the President will be pleading with program issue of his campaign. It was the pe- second term, and the debt continues to culiar genius of that campaign that it pro- Congress to increase this particular form of mount as currently forecast by the Congres- posed to increase defense expenditures while foreign aid? (Just as, had his supporters in sional Budget Office, the Reagan Adminis- cutting taxes. This was the Kemp-Roth pro- the Senate been successful in blocking the tration will have nearly tripled the national posal, based on Arthur Laffer’s celebrated Panama Canal treaties in the Carter years, debt. In eight years, one Republican Admin- curve. As a candidate, Mr. Reagan went so he would be pleading today with the Senate istration will have done twice, you might far as to assert that this particular tax cut to consent to their ratification.) say, what it took 192 years and thirty-eight would actually increase revenues. Federalist, Democratic, Whig, and Repub- President Reagan’s tax cut—the largest What follows is crucial: no one believed tax reduction in history—became law in Au- lican predecessors to do once. The numbers this. Obviously a tax can be so high that it are so large they defy any ordinary effort at gust 1981. Critics, if they are members of discourages the taxed activity and reduces Congress, typically must begin by explaining comprehension (a billion minutes ago St. revenue. This is called price elasticity and is why they voted for the tax cut. I am one. Peter was fourteen years dead), but for the a principle that applies to pretty much ev- (There were only eleven Senators who voted record they are as follows. On President Rea- erything from the price of The New Republic gan’s inauguration day, January 20, 1981, the to the price Justice Holmes said we pay for no.) I have an explanation, but no excuse. national debt stood at $940.5 billion. In the civilization. But any massive reduction in After years of intense inflation and the ac- next thirty-two months, $457 billion was something as fundamental as the income tax companying ‘‘bracket creep’’ in the income added. The projected eight-year growth is was going to bring about a massive loss of tax, we did need to reduce personal tax rates. $1.64 trillion, bringing us to a total debt, by revenue. And this was intended. A year earlier, the Senate Finance Com- 1989, of $2.58 trillion. There was a hidden agenda. It came out in Debt service, which is to say interest on mittee, controlled by the Democratic major- a television speech sixteen days after Presi- ity, had reported out just such a bill, but Mr. the debt, will rise accordingly. It came to $75 dent Reagan’s inauguration, when he stated, billion in fiscal year 1980. By the end of this Carter’s White House would not hear of it. ‘‘There were always those who told us that This helped lose the Senate for the demo- fiscal year, it will be something like $148.5 taxes couldn’t be cut until spending was re- crats, but the lesson was not lost. billion. And so it might also be said that the duced. Well, you know we can lecture our Reagan Administration will have doubled children about extravagance until we run The great recession of 1981–82 made it pain- the cost of the debt in four years. fully clear that the tax cut was too small for A law of opposites frequently influences out of voice and breath. Or we can cut their the first year, when a neo-Keynesian stim- the American Presidency. Once in office, extravagance by simply reducing their al- ulus was in order. At the time, however, a Presidents are seen to do things least ex- lowance.’’ The President genuinely wanted pected of them, often things they had explic- to reduce the size of the federal government. bidding war broke out in the House, sending itly promised not to do. Previous commit- He genuinely thought it was riddled with the parties into senseless competition to ments or perceived inclinations act as a kind ‘‘waste, fraud, and abuse,’’ with things that offer loopholes to special interests. The re- of insurance that protects against any great needn’t or shouldn’t be done. He was astute sult was a tax cut much too large for the loss if a President behaves contrary to expec- enough to know there are constituencies for later years. Thus the $200 billion annual def- tation. He is given the benefit of the doubt. such activities, and he thought it pointless icit. Again, no excuses from this quarter, but He can’t have wanted to do this or that; he to try to argue them out of existence one by in the Democratic response to the Presi- must have had to do it. President Eisen- one. He would instead create a fiscal crisis in dent’s televised speech of July 27, 1981, I did hower made peace, President Kennedy went which, willy-nilly, they would be driven out say, ‘‘In the last few days something like an of existence. to war; President Nixon went to China. auction of the Treasury has been going on Something of this indulgence is now being If his understanding of the government had been right, his strategy for reducing its size . . . what this is doing is taking a tax cut we granted President Reagan. Consider the ex- could afford and transforming it into a great traordinary deficits, $200 billion a year, and would have been sound. But his under- standing was desperately flawed. There is barbecue that we can’t afford. I would say to continuing, in David Stockman’s phrase, as the President that some victories come too far as the eye can see. This accumulation of waste in the federal budget, but it is of the dear. a serious debt—the kind that leads the Inter- kind generic to large and long-established national Monetary Fund to take over a third enterprises. Thus we have an Army, a Navy, Enter the Federal Reserve Board which world country’s economic affairs (or in olden and an Air Force. They compete, they over- looked at the huge tax cuts in the midst of times would lead us to send in the Marines lap, they duplicate. Well, yes. But they also high inflation and decided to create an eco- to collect customs duties)—is all happening fight, in no small measure because these uni- nomic downturn. Of all the structural anom- without any great public protest, or appar- forms mean something to those men and alies of American government, the arrange- ent political cost. women, and have, in the case of the Army ments for setting macroeconomic policy are and Navy (and of course the Marine Corps, As such, this need be no great cause for the most perverse. Although fiscal policy which is part of the Navy) for more than two concern. If is lucky, good for (the amounts of money the government centuries. A management consultant might him. There is little enough luck in the busi- spends, receives, and borrows) is made ness. But, unfortunately, something much merge them. I sure as hell wouldn’t, except perhaps way at the top. For the rest, well, through a painfully elaborate public process larger is at issue. If nothing is done, the debt by an elected President and an elected Con- and the deficit will virtually paralyze Amer- there is the F.B.I. at $1 billion; the Coast gress, monetary policy (the total amount of ican national government for the rest of the Guard (equally long established) at $2.5 bil- money in the economy and the cost of bor- decade. The first thing to be done, to use lion, and so on. Welfare? In the sense of wel- rowing it) is made in secret by appointed of- that old Marxist terminology, is to fare mothers? The Aid to Families with De- demystify the Reagan deficit. pendent Children program comes in at about ficials. The Reserve Board tightened the If I may say so, what I now write, I know. 1 percent of the whole budget. (The Wash- growth of the money supply so strenuously That is not and should not be enough for the ington Post has half-seriously proposed that that it actually declined in the third quarter reader. I will ask to be judged, then, by it be abolished altogether so that people will of 1981. Real interest rates reached the high- whether the proposition to be presented is stop talking about it.) There are areas in the est levels in our nation’s history, and the coherent, and whether any other proposition budget where expenditure is indeed growing economy fell off the cliff. At the end of Sep- makes more sense. at enormous rates, principally that of med- tember 1981, the steel industry was operating

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S421 at 74.5 percent of capacity; by the end of 1982, icit in the year ahead will threaten any sus- Monetary policy and the operations of the it was operating at 29.8 percent of capacity. tained recovery. The members of the House, Federal Reserve must be an integral part of To be sure, the Fed does not control the as a rule, are not millionaires, but they any fiscal resolution. Nothing can be precise money supply and cannot precisely know their street corners. The street corners achieved without a joint monetary-fiscal ef- determine interest rates. But it can set the will say, ‘‘Cut. Something must be done.’’ fort to promote an expanding economy and direction and range for both and this it did. Cut back Social Security in desperation, an approach to full employment—a one per- Anyone who tried to dissent was soundly and you abandon a solemn promise of the centage point drop in unemployment alone rapped. Its two dozen or so central bankers Democratic Party and of American society. reduces the budget deficit by $30 billion. decided to bust the economy, and bust it This promise, once broken, will fracture a But let’s stop here. I have my own they did. In a White House appearance in Oc- little bit of society. (Moreover, cutting So- thoughts. The reader will have his or hers. tober 1982, Nobel Economist George Stigler cial Security will not improve the deficit On the final day of the last session of Con- used the term ‘‘depression’’ to describe the problem. As Martin Feldstein, chairman of gress, I introduced legislation to establish economy. the Council of Economic Advisers, has noted, the National Commission on Deficit Reduc- There is a tendency for any government to Social Security is funded by separate payroll tion. Now, can we get the President to join? live beyond its income. The Reagan Adminis- taxes and contributes not a cent to the def- tration transformed this temptation from a icit.) [From the New York Times, July 7, 1980] vice into an opportunity. Put plainly, under There is an alternative. There is the possi- OF ‘‘SONS’’ AND THEIR ‘‘GRANDSONS’’ Ronald Reagan, big government became a bility of a historic compromise that can (By Daniel Patrick Moynihan) bring the now dominant branch of the Re- bargain. For seventy-five cents worth of Once upon a time, before the Coming of the publican Party to grips with reality, while taxes, you got one dollar’s worth of return. New Deal, there was a group of Republican shaking the now dominant branch of the Washington came to resemble a giant dis- Senators who were not sound men on sub- Democratic Party from its illusion that no count house. If no tax would balance the jects such as the High Tariff. Their names one will listen to Republicans for very long. budget, and no outlay would make it any were well enough known—Johnson of Cali- Such a compromise cannot await a change in worse, why try? fornia, Norris of Nebraska, La Follette of A boom psychology moved through govern- the political culture. It must be negotiated. Wisconsin, Shipstead of Minnesota—but you ment. Defense came first, from space wars to We need a structure, a forum in which nego- might say their families were not. They were battleships—the latest defense appropria- tiations can take place. A Presidential com- definitely Western, arguably Populists, and tions reactivates the World War II-vintage mission might be such a structure. The National Commission on Social Secu- assuredly Not Quite in the Best of Taste. U.S.S. Missouri. Hog wild is the only way to In a speech on the Senate floor in 1924, an rity Reform—on which I served—would pro- describe the farm program. Jimmy Carter Eastern Republican, drawing on Jeremiah vide a model. It was established by President left behind a $4 billion enterprise, somewhat 14:6, referred to them as ‘‘sons of the wild Reagan in December 1981, after Congress re- overpriced at that and the object of inces- jackass.’’ The phrase was much in vogue in jected his original plan to sharply reduce So- sant right-wing criticism. Whereupon the the brief period remaining to that era, after cial Security benefits. One point in par- fundamentalists and their political brethren which Republicans generally lapsed into an ticular is crucial. Alan Greenspan, who took over. Within thirty-six months they in- undifferentiated and glum opposition. creased the annual cost of the farm program chaired the commission, adopted a simple Soon the wild jackasses were no more. But more than fourfold. Their most recent enthu- rule: each member was entitled to his own of a sudden their grandsons have appeared. siasm, signed into law by President Reagan, opinion but not his own facts. Within a year In the Senate surely, and in their party gen- is a program paying dairy farmers not to Mr. Greenspan had established the facts, erally, and the reaction has been much the milk their cows. which showed that the problem was neither same, except that this time it has come What is to be done? The economy is at trivial nor hopeless. The commission as such from—Democrats! stake. The country can bankrupt itself. Ac- could reach no agreement. But with the facts Take this business of cutting taxes. The cording to the latest budget projections, pre- established, we put together a bipartisan leg- Secretary of the Treasury was not amused. pared by the Congressional Budget Office islative package last January in exactly The White House received unimpeachable in- under the impeccably conservative new di- twelve days. telligence from the Best Sources that it was rector, Rudolph G. Penner (formerly of the The budget crisis presents a harder prob- a Bad Idea. Dissenting Democratic Senators American Enterprise Institute), the deficit lem, but it can be approached in the same were informed that the Chief Executive Offi- for the six years 1984 to 1989 will come to ap- way. Martin Feldstein made a good begin- cer of the largest corporation in Delaware proximately $1,339,000,000,000. In order to sup- ning in a speech to the Southern Economic had reported that industry was not at all im- port and service this debt, the government Association on November 21. He agreed with pressed by the Republican proposal, whilst will have to absorb more and more of the the Congressional Budget Office that by 1988 the head of the Federal Reserve branch in capital that is coming available in the na- the deficit will absorb 5.1 percent of the na- reported that The Street was tion’s credit markets. Direct federal bor- tion’s G.N.P. Of this, Feldstein noted, 2.4 per- definitely not in favor. rowing for the deficit and federally guaran- cent will come from increased defense spend- Psychologists call this role reversal. As a teed loans absorbed 62 percent of all credit ing, 1.7 percent from the tax cut, and the re- Democrat, I call it terrifying. And to miss it raised on the nation’s financial markets this maining 1 percent from higher interest pay- is to miss what could be the onset of the year, compared to an average absorption ments. The facts about the structural deficit transformation of American politics. rate of 8.3 percent in the 1960s and 15.3 per- flow readily from such quantification. Not by chance, but by dint of sustained and cent in the 1970s. This ‘‘crowding out’’ was The members of the budget commission— often complex argument there is a move- not much felt, because few others were bor- representatives from the Administration, ment to turn Republicans into Populists, a rowing to invest. But when the day comes Congress, the Federal Reserve, and the Con- party of the People arrayed against a Demo- that business, consumers, and government gressional Budget Office—would determine cratic Party of the State. all compete for the same funds, interest the actual effects of deficits on employment, This is the clue to the across-the-board Re- rates will go up, with predictable con- real interest rates, capital formation, invest- publican tax-cut proposal now being offered sequences. ment, and the prospects for vigorous eco- more or less daily in the Senate by Dole of Under these circumstances, the only thing nomic growth. Then they would propose the Kansas, Armstrong of Colorado and their in- a Republican Administration and a Repub- steps to reduce the deficit, making certain creasingly confident cohorts. lican Senate will be able to consider doing that the burden of these reductions did not It happens that just now they are ‘‘right.’’ will be to revert to their original agenda: use fall disproportionately on any economic or The economy is in a steep recession, facing a the budget deficit to force massive reduc- social group. Delaying tax indexing, reform- huge tax increase (windfall profits and So- tions in social programs. This time they will ing corporate tax law deductions and credits, cial Security payments, combined with the be able to cite not mere illusions but neces- cutting defense spending, and reducing farm ‘‘bracket creep’’) next year. Certainly a $30 sity. Even if interest on the debt climbs to price supports, among other proposals, would billion cut in 1981 taxes is in order, and $200 billion a year, as now seems likely, pre- have to be considered. Medicare, secure in ought to be agreed on quickly, with luck sumably there will still be an Army, an the short term, will be in deep trouble before using the opportunity to get better deprecia- F.B.I., and some kind of customs service and the end of this decade. The deficit commis- tion schedules for industrial investment. border control. What then will be left to cut? sion must face up to this problem. Demo- But these same Republicans were calling Entitlements, or more precisely, Social Se- crats should agree to do so in return for as- for tax cuts in 1978 and 1979 when clearly curity. surances that the Social Security agreement they were ‘‘wrong—by, that is, established The word is already the rage. There is will be respected and that the Social Secu- standards of fiscal policy. The point is that scarcely a Republican member of the Senate rity trust fund will not be raided (the plain these are no longer men of that Establish- who does not know that entitlements must purpose of those who say entitlements are ment. be cut, and cut deeply. Many Democrats the problem). The process of change has been agree; almost none dissent. Remember, at Moreover, a solution to the deficit crisis unremarkable enough. After a half century least twenty Senators are millionaires, liv- will require more than adjustments in spend- of more or less unavailing opposition (Repub- ing at considerable social distance from ing and taxation. It will demand change in licans have controlled the Congress only four those who would be most affected. It will be the way we make fiscal and monetary policy years since 1930) it was possible to agree that much the same in the House. The budget def- and the way those policies are coordinated. new ideas were necessary.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S422 CONGRESSIONAL RECORD — SENATE January 26, 1996 Observe Bill Brock, chairman of the Re- The legislative clerk proceeded to chairman—and I understand his rea- publican National Committee, announcing call the roll. sons full well, and they are wholly ap- the appearance, in 1978, of A Republican Mr. ROTH. Mr. President, I ask unan- propriate—what separates this moment Journal of Thought and Opinion: Common- imous consent that the order for the sense: from others in the past is that the full ‘‘We must not forget that the last great quorum call be rescinded. faith and credit of the United States is partisan coalition of American politics was The PRESIDING OFFICER. Without even now being questioned in inter- built on ideas. These were no less forceful objection, it is so ordered. national markets. That has never hap- and appealing, if also debatable, for all their The Senator from Delaware is recog- pened. It has not happened since 1792 identification with a political party. The no- nized. when Hamilton worked out the as- tion of an activist federal government, with Mr. ROTH. Mr. President, I rise to sumption of the State debt. an obligation to use its centralized power to urge my colleagues to vote against this I think the fact that the President meet new social problems with new social amendment to raise the debt ceiling on and the Republican leaders in the controls, was a new idea in the 1930s. But it this occasion. Without a doubt, the took hold, built a durable coalition, became House and here in the Senate have debt ceiling will eventually be raised the foundation for decades of programmatic come to an understanding that there as it needs to be and as it should be in public policy, and tended to capture the will be a balanced budget agreed to— terms of the political debate. order to avoid default. ‘‘As an idea, it had consequences. Only The problem with addressing the debt and the distinguished chairman of the lately have these come to be generally un- ceiling issue at this point is that there Budget Committee was there—that derstood as having mixed implications for is some urgency in our need to enact should be enough for us to say that will the nation and for individuals in it. Accord- the continuing resolution. To keep happen. And, incidentally, do not for a ingly, the Republican Party finds itself in moment ever think that the United opposition, at this writing, not only to a ma- Government from shutting down, this resolution must be enacted today and States would default on their debt. jority party that controls the machineries of That is all we seek in the spirit of good government, but to the force of certain such it must be clean. idea. It is our continuing obligation, there- This CR has already been negotiated will. fore—to articulate our own.’’ with the House, the Senate, and the I point out that the budget agree- This journal has been faithful to its prom- White House. The President has said ment, already tentatively marked up, ise: The material is first-rate. (We Demo- that he will sign this bill tonight. This cuts domestic discretionary spending crats have nothing approaching it.) Of a sud- is critically important to maintain un- of the Federal Government by one- den, the G.O.P. gas become a party of ideas. The Republicans’ dominant idea, at lest for interrupted Government services for third in 7 years. David Stockman, in the moment, seems to be that the social con- the American people. his moment of the utmost optimism, trols of modern government have become ty- To open the CR now for amendment could never have conceived that such rannical or, at the very least, exorbitantly is to create an obstacle that will most an amount of drastic reduction would expensive. This oppression—so the strategic certainly keep this bill from passing not only be agreed to but hardly re- analysis goes—is made possible by taxation, and result in a Government shutdown. marked upon. The era of big Govern- such that cutting taxes becomes an objective We must reach closure today. ment is, in fact, over. But the era of de- in its own right, business cycles notwith- We will address the debt ceiling. Sec- fault, bankrupt Government, surely standing. Similarly, ‘‘supply-side’’ economics speaks retary Rubin has asked us to do so be- must not commence. to the people as producers, as against the fore March 1. That’s over a month Mr. President, I suggest the absence Government as consumer. Within the Repub- away. Consequently, there is no ur- of a quorum. lican Party this is put forth as populism and gency to extend the debt limit now— The PRESIDING OFFICER. The argued for as such. To be wild jackasses, to not if it means once again shutting clerk will call the roll. be Teddy Roosevelts, and to trust the people. down the Government. The legislative clerk proceeded to Asked by a commentator whether an across- The Finance Committee is currently the-board tax could really lead to the needed call the roll. increase in savings, a Republican Senator re- in discussions with Treasury regarding Mr. DOMENICI. Mr. President, I ask plied that he took for granted that the peo- various aspects of this issue. And we unanimous consent that the order for ple would know what to do with their own will move forward with the debt ceiling the quorum call be rescinded. money. issue when the moment serves. But not The PRESIDING OFFICER. Without There is much G.K. Chesterton in this—in- now. objection, it is so ordered. deed, Brock cites how in another passage to The amendment violates the Con- his introduction of Commonsense—who stitution. Revenue bills must arise in Mr. DOMENICI. Mr. President, the raged against the elitism of Tory and Social- the House, and that includes legisla- Senate can be assured that I want to ist alike. Beer and Liberty, as it has been expedite the vote on this issue as much put, verus Soap and Socialism. And property tion affecting the debt ceiling. If we adopt this amendment, the House will as anyone else. So I will be very brief. for all versus the goods for all, if such goods There are some people in the country came only from giant businesses. blue slip the legislation, and we will be And then there is also much of the Fron- further behind than if we pass this CR that are concerned about the full faith tier in this New Republicanism. Some get and address the debt at a more appro- and credit that has been such an ad- plenty; and some get none. But it is surely priate time. vantageous thing for our Treasury bills also a challenge. For we Democrats have It is customary for Congress to con- and the financing of our debt. Our been in power so long we have not been able sider debt ceiling legislation together Treasury bills have been almost the to avoid becoming in ways the Party of the greatest currency in the world. They Government, and it shows. The party, to be with provisions to reduce the deficit. specific, of those classes and professions and The House is in the process of fash- are the money market in many parts of enterprises, public and private, that depend ioning such a package. The Speaker the world. Certainly, it does not be- on Government subvention and guarantee. has talked with the President. hoove the Senate or the U.S. House, With the public sector at a third of gross na- Leon Panetta has indicated the ad- Democrat or Republican, to do any- tional product, (and the Federal share tend- ministration is willing to work on such thing to tarnish that. ing toward one quarter), this is no small con- a package. This amendment derails But I believe today the issue before stituency. But it is not yet a majority. And us is: Shall we open the Government, we would do well to take heed when Repub- that effort. It is clear, then, that this licans start campaigning, as indeed they amendment, even if it were legal, pay our workers, and get on with the have, on platforms that they are the ‘‘party would not be well received in the ordinary daily activities of the Govern- of the working man.’’ Do us both good. House. Rather than achieve gridlock ment and, at the same time, assure the Mr. MOYNIHAN. I see my distin- once again with the Moynihan amend- marketplace and those who are con- guished chairman of the Committee on ment, we need to send this continuing cerned that there is no intention on Finance is on the floor, and I look for- resolution to the President. the part of those on this side of the ward to his agreement and collabora- Mr. President, again, I urge my col- aisle that are in a position during the tion. leagues to vote against the amendment next 4 or 5 weeks to get that debt limit Mr. President, I suggest the absence to raise the debt ceiling on this occa- extended, and that there is no inten- of a quorum. sion. tion on our part that we let the Treas- The PRESIDING OFFICER (Mr. Mr. MOYNIHAN. Mr. President, may ury bills of the United States go into THOMAS). The clerk will call the roll. I say to my friend, the distinguished default?

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S423 I stand before the Senate because vance the GOP agenda of ‘‘decreasing the it ‘‘could create a catastrophe.’’ Politically, some of those people that are influ- size and the intrusiveness of government.’’ the rest of the world would think America’s enced by our actions are, from time to The next day, Gingrich adjusted his tune institutions had collapsed and the country time, interested in my opinion and my to harmonize more closely with Armey’s. To was no longer governable. Financially, be- get a debt-ceiling bill from Congress, Ging- cause more than $500 billion of the nearly $5 views. Frankly, I am saying tonight rich said, President will have to trillion in U.S. debt is held overseas, a de- that I think we ought not cause the propose ‘‘substantial reforms’’ in future fault could ‘‘trigger a global financial crisis Government of the United States to be spending. of completely unpredictable proportions.’’ closed down even for 24 hours while we However much dissent there may still be in Mr. WARNER. As I understand, both add an amendment that is not nec- Republican ranks, clearly some party leaders Senators are giving the assurance to essary tonight. are again embracing the notion that the goal the Senate that we will, in an orderly of forcing an ideologically palatable budget We are saying as strongly as we can— manner, work this thing out in a man- I have been with our leader; there is no deal warrants dramatics of the highest order. That is troubling. ner that will not have an adverse im- intention to do anything other than to Though deficit-reduction and long-term pact upon the financial markets of our work with the President to extend the entitlements reform are supremely worthy Nation. I believe the Senator is giving debt limit. I cannot say here to Sen- ends for Republicans to pursue, they do not that assurance. ator MOYNIHAN that it will be abso- justify any means. Forcing the U.S. govern- Mr. ROTH. I say to the distinguished lutely a clean debt limit, but I can say ment to default on its obligations is irre- Senator from Virginia, that is exactly there is an intention to extend it in a sponsible. It is bad policy and bad politics. what we are doing. We are acting in a The price of a default—which could include way that would be signed by the Presi- responsible way today; we are taking dent. a dive in the stock market, a leap in interest rates, and a worldwide ripple of doubt about action that will ensure that the Gov- I remind everyone it would be almost the reliability of U.S. securities—is simply ernment can continue to function, historic if in this kind of a situation too high. If the goal of the most ardent GOP which I know is of primary interest to you had a clean bill. There would be budget cutters is to promote America’s long- our distinguished Senator from Vir- some things worked out between the term economic well-being, they defeat their ginia. That is the reason we do not White House and the Congress. It is al- purpose if they ruin America’s credit rating want it to be amended further. That ways a vehicle that sends some things along the way. would only delay the process and bring It is not hard to understand why some to the White House that get done that about the shutdown that I think no one everyone wants done. I do not believe House Republicans would be feeling acutely frustrated these days. Not only has budget- wants. we ought to leave the notion out there making become mired in an extended state As a second step, we are working al- in America that if this proposal of Sen- of indecision, but numerous policy initia- ready, together with the House, with ator MOYNIHAN is tabled, and I hope it tives have become stuck.... the administration. I was in contact is tabled, that there is any intention to yesterday with the Secretary of the do anything but have a debt limit ex- [From the Chicago Tribune, Jan. 24, 1996] Treasury. We are proceeding to do tension in an orderly and timely man- THE MADNESS OF COURTING DEFAULT something about the debt ceiling be- ner. For months, Treasury Secretary Robert cause I, like Senator WARNER, want Mr. WARNER. Mr. President, I thank Rubin has used every loophole and opening full faith from the President. So we are the distinguished Senator from New he could find to extend the government’s working to provide the type of legisla- Mexico and the distinguished Senator, borrowing powers and keep Republican law- tion that meets everybody’s require- the chairman of the Finance Com- makers from using the debt ceiling to mus- ments and can be enacted by the Con- mittee, because I have risen in both cle budget concessions out of President Clin- ton. gress. our caucuses here recently and ex- But now, Rubin says, he has run out of op- Mr. WARNER. I thank the distin- pressed my grave concern about this tions that are legal and acceptable to Clin- guished Senator from Delaware. Yes- issue of the full faith and credit of the ton. Unless Congress raises the debt ceiling, terday we had a discussion about this United States, how that could be com- he warns, the nation will for the first time in in our caucus, and he responded in a batted by the actions with relation to its history default on its debts—probably by way similar to that of today. the debt limit. March 1. Mr. MOYNIHAN. Before yielding to I, like the distinguished Senator, the Don’t worry, some cynics say. Rubin has the distinguished Senator from Rhode chairman of the committee here, feel more tricks up his sleeve and will do any- Island, may I welcome the statements very strongly, as does the Senator from thing to avoid default. Start worrying, say others. The Treasury by the chairman of the Committee on Delaware and the Senator from New is at the end of its line, and House Speaker, Finance and the chairman of the Com- Mexico, that we cannot shut down the Newt Gingrich won’t raise the debt ceiling mittee on the Budget. I take them Government tonight. unless Clinton agrees to some GOP-proposed wholly with integrity and give them I ask unanimous consent that two reforms on entitlements or welfare. The the full faith and credit of the U.S. editorials on this subject be printed in president insists he won’t be blackmailed. Senate. the RECORD. Wherever the truth lies, it’s time to stop I have to point out that we have not There being no objection, the edi- this reckless gamesmanship. It’s one thing always had as good an experience on torials were ordered to be printed in to reach an impasse over how to balance the the House side. A Member on the House budget and agree to take the issue to the the RECORD, as follows: voters, which both Democrats and Repub- side, the counterpart to the distin- [From the Plain Dealer, Jan. 24, 1996] licans seem content to do. But it’s totally ir- guished chairman of the Budget Com- HITTING THE DEBT CEILING responsible to jeopardize the credit of the mittee, once openly said, ‘‘Let’s do It is all well and good for House Repub- United States. this,’’ and then disappeared. We cannot licans to fight hard for their budget prior- Congress’ primary concern in the weeks put the United States, the integrity of ities. But using the good faith and credit of ahead must be to protect the reputation of the United States of America, at risk the United States government as a weapon the nation as a rock of financial stability this way with complete understanding and as a debtor that always has honored its in that fight is short-sighted and dangerous. of the Senator from Virginia’s concern It is also likely to backfire. obligations. Despite their frustration at Until very recently, at least a few top being stymied on budget reforms, Gingrich that the Federal Government stay House Republicans seemed to understand and the Republican hard-liners must pass an open. I still hope we might have a vote this. Both House Speaker Newt Gingrich and extension of the debt ceiling, without extra- on this. I do not want to prolong mat- Budget Committee Chairman John Kasich neous conditions. ters. had signaled a willingness to pass legislation So far, the financial markets haven’t been The Senator from Rhode Island has that would allow the government—which roiled by the budget gridlock in Washington. risen. I yield 3 minutes. will soon reach its credit limit—to borrow And no one can be sure what default, or even Mr. PELL. Mr. President, I wanted to more money to avoid default. But on Sun- the imminent threat of it, could mean to the rise in full support of the amendment day, House Majority Leader Dick Armey economy and markets. But it couldn’t mean by the distinguished Senator from New took a different tack. anything good. Speaking on NBC’s ‘‘,’’ Felix Rohatyn, the respected investment York. If ever there was a valid reason Armey said Congress would not increase the banker who is being considered by the Clin- for stalling an increase in the debt debt ceiling unless conditions were attached. ton administration for vice chairman of the limit, I believe it has evaporated. The The conditions, he said, would have to ad- Federal Reserve Board, wrote recently that basic agreement has been achieved on

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S424 CONGRESSIONAL RECORD — SENATE January 26, 1996 the objective of controlling the deficits market confidence in our Nation’s more difficult by—I know that is not that contribute to the debt. commitment to discharge its obliga- the intent of the Senator from New While policy disagreements still per- tions’’. York, do not misunderstand me, but I sist on some issues, including Medi- Alan Greenspan, Chairman of the think it would make it more difficult. care, there appears to be sufficient Federal Reserve, has written, ‘‘a fail- I know that is not the Senator’s intent. agreement on other budget issues to ure to make timely payment of inter- I respectfully move to table the amend- provide $700 billion in long-term sav- est and principal on our obligations for ment, and I ask for the yeas and nays. ings. Surely, there has been more than the first time would put a cloud over The PRESIDING OFFICER. Is there a adequate demonstration of good faith. our securities that would not dissipate sufficient second? The apprehensions of Moody’s Inves- for many years’’. There is a sufficient second. tor Service with respect to the credit Furthermore, former Chairman of The yeas and nays were ordered. rating of the U.S. Federal securities the Federal Reserve Paul Volker wrote The PRESIDING OFFICER. The should dispel any glib assurances that that ‘‘The appropriate approach, short question is on agreeing to the motion the Secretary of the Treasury can still of early agreement on a comprehensive to table. perform acts of fiscal wizardry to stay budget program * * * [is] raising the The yeas and nays have been ordered. under the present limit. debt ceiling so that authorized expendi- The clerk will call the roll. We can only wonder what the motive tures—including payment of interest The legislative clerk called the roll. might be of those who would delay fur- on Treasury debt—can be made in a Mr. LOTT. I announce that the Sen- ther. There is no good purpose eco- timely fashion.’’ ator from Utah [Mr. BENNETT], the nomically or fiscally. In addition to these current and Senator from Colorado [Mr. CAMP- I want to commend the Senator from former leaders of the Treasury Depart- BELL], the Senator from Indiana [Mr. New York for raising this matter and ment and the Federal Reserve, leading COATS], the Senator from North Caro- bringing the amendment to the floor. credit agencies have warned of the dire lina [Mr. FAIRCLOTH], the Senator from The full faith and credit of the United consequences of default. Standard & Texas [Mr. GRAMM], the Senator from States should not be clouded for an- Poors has warned, ‘‘Even a short-lived Arizona [Mr. KYL], and the Senator other single day, and the Senator from default on the U.S. Government’s di- from Alabama [Mr. SHELBY] are nec- New York is acting responsibly. I yield rect debt obligations would profoundly essarily absent. the floor. impact a broad range of securities and I further announce that, if present Mrs. BOXER. Mr. President, I rise financial market participants.’’ and voting, the Senator from Colorado today to voice my support for the Again, Mr. President, I thank the [Mr. CAMPBELL] would vote ‘‘yea.’’ amendment offered by Senator MOY- Senator from New York for offering Mr. FORD. I announce that the Sen- NIHAN to attach a clean debt limit ex- this very important amendment. ator from South Carolina [Mr. HOL- tension to the continuing resolution. Mr. DOLE. Mr. President, let me re- LINGS] is necessarily absent. Congress must not play politics with inforce the statement made by the The PRESIDING OFFICER (Mr. the full faith and credit of the United chairman of the Finance Committee, NICKLES). Are there any other Senators States. We must extend the debt limit Senator ROTH. I have been meeting in the Chamber desiring to vote? within the next 5 weeks or the con- with Republican Senators throughout The result was announced—yeas 46, sequences will be catastrophic. the afternoon. We are, I think the Sen- nays 45, as follows: If we fail to raise the debt limit by ator from New York would appreciate, [Rollcall Vote No. 2 Leg.] March 1, the United States will default acting in good faith. We believe we can YEAS—46 on its financial obligations for the first resolve this. Abraham Grams McConnell time in the history of our Republic. As Having been chairman of the Finance Ashcroft Grassley Murkowski a result, bondholders will not receive Committee and having to deal with Bond Gregg Nickles the payments they are due. Social se- debt ceilings, I know there is always a Brown Harkin Pressler curity recipients and veterans may not problem. When there is a Republican in Burns Hatch Roth Chafee Hatfield receive their monthly benefits, and the White House, the problem is on Santorum Cochran Helms Simpson long-term interest rates will increase that side of the aisle; when there is a Cohen Hutchison Smith Coverdell Inhofe across the board. Democrat in the White House, the Snowe Craig Jeffords Stevens Interest rate increases mean that the problem is on this side of the aisle, the D’Amato Kassebaum Thomas United States will waste billions of dol- problem as far as the administration is DeWine Kempthorne lars on increased debt service costs, concerned. Dole Lott Thompson Thurmond ironically, making it even more dif- I remember going to conference with Domenici Lugar Frist Mack Warner ficult to balance the budget. But per- amendments on Nicaragua. I think Gorton McCain haps most important, higher interest there were 19 amendments—foreign rates mean that the millions of Ameri- policy, everything you could think of NAYS—45 cans with any kind of loan—mortgages, was on the debt ceiling. I assure the Akaka Feingold Lieberman Baucus Feinstein Mikulski car loans, even credit card balances— Democratic leader on the floor and the Biden Ford Moseley-Braun can expect higher monthly payments former chairman of the Finance Com- Bingaman Glenn Moynihan for years to come. mittee, as I did Secretary Rubin the Boxer Graham Murray I would urge my colleagues to heed Bradley Heflin Nunn night of the State of the Union Mes- Breaux Inouye Pell the words of former Treasury Sec- sage, we believe we can get this done in Bryan Johnston Pryor retary James A. Baker, who stated in a timely fashion so no checks will be Bumpers Kennedy Reid 1985, ‘‘It would be an absolute disgrace late, nothing will be interrupted in any Byrd Kerrey Robb Conrad Kerry Rockefeller if the United States defaulted for the way. Daschle Kohl Sarbanes first time in its over-200-year history. Having said that, as one who did not Dodd Lautenberg Simon Any default will have swift and severe favor the shutting down of the Govern- Dorgan Leahy Specter implications both domestically and ment in the first place, I do not think Exon Levin Wellstone internationally.’’ we ought to risk doing it on a Friday NOT VOTING—8 On November 9, 1995, six former Sec- afternoon. If this amendment should be Bennett Faircloth Kyl retaries of the Treasury, who served in accepted, it has to go back to the Campbell Gramm Shelby Democratic and Republican Presi- House. The House is in recess. I assume Coats Hollings dential administrations, wrote, ‘‘We they could come back Sunday or when- So the motion to lay on the table the urge that prompt action be taken ei- ever. amendment (No. 3120) was agreed to. ther to raise the debt limit perma- I really believe we have an agree- Mr. DOLE. Mr. President, I move to nently * * * or that a sufficient short- ment here that has been approved by reconsider the vote by which the mo- term increase be enacted to allow the the White House and by the leadership tion to lay on the table was agreed to. debate over priorities to proceed in an in both parties, in both the House and Mr. MOYNIHAN. I move to lay that orderly manner without impairing the Senate. I hope we will not make it motion on the table.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S425 The motion to lay on the table was My amendment aims to put the fewer abortions, and fewer women die agreed to. United States in the forefront of the ef- from botched abortions, should deplore The PRESIDING OFFICER. The Sen- fort against these inhumane weapons. this action. ator from New York. It follows by just 1 week the announce- The provision in this CR would pro- Mr. MOYNIHAN. Mr. President, I ment by the Canadian Government hibit the obligation of any family plan- would like to thank all of those who that it will unilaterally halt all pro- ning funds—funds to purchase and dis- have participated in the debate. I duction, use and export of anti- tribute contraceptives, to provide tech- would like particularly to thank the personnel landmines. In just the past nical assistance for improving the chairmen of the Committee on Finance year, Belgium, France, Austria, Swit- quality and safety of contraceptives, to and the Committee on the Budget for zerland and the Philippines have taken educate couples about birth spacing— the undertakings that they have made, similar steps. none of these funds could be spent be- and to say again that I hold them in It follows by just 2 weeks the an- fore July 1 unless they are specifically full faith and credit of the United nouncement in Geneva that 22 nations authorized. States. I think we can work this out, have called for an immediate total ban and clearly we intend to do so. It can If there is no authorization bill by on these weapons. that date, and I have yet to meet any- be done. Mr. President, this amendment rep- one who thinks there will be, only 65 Mr. LEAHY. Mr. President, I assume resents a dramatic shift in the policy percent of the fiscal year 1995 level for one of the votes that we will have of the U.S. Government, from one family planning could be obligated, and today will be the continuing resolu- which has lagged behind several of our then only in monthly installments. tion. The fiscal year 1996 Foreign Oper- NATO allies to one which aims to exert The net effect of this will be an $88 mil- ations conference report has been at- U.S. leadership to build international lion cut in family planning assistance. tached in its entirety to this con- support for ridding the world of these tinuing resolution. That means that inhumane weapons. That is the pound of flesh the right- foreign aid programs will be funded That is the goal President Clinton to-life lobby will have won, if it does through the fiscal year at the levels announced at the United Nations over not succeed in its goal of reinstating agreed to by the House and Senate con- a year ago. This amendment sets the the Mexico City policy—a policy that ferees. stage for making that goal a reality. has been ridiculed around the world, The conference report represents a Once this provision is signed into law, repeatedly rejected by the Senate, is devastating assault on many foreign the President, the Vice President, the opposed by a majority of Americans, operations programs that are vital Secretary of Defense, the Chairman of and which the President has said he United States interests abroad. For the Joint Chiefs of Staff, the Pentagon would veto. that the House Republican leadership bureaucracy, the Secretary of State, I am very pleased that we success- bears primary responsibility. But our and our U.N. Ambassador should all fully resisted attempts to reinstate the alternative, a year long continuing res- speak forcefully and with one voice. discredited Mexico City policy. I will olution, would be far worse. It would The message should be that anti- continue to oppose any effort to do cause irreparable harm to these pro- personnel landmines are unacceptable. that. But I will vote for this continuing grams and many of the Federal em- They are indiscriminate, inhumane, resolution only with great reluctance, ployees who implement them would impossible to control, and the United because of the harm it will do to family have to be laid off. For that reason it States is going to stop using them and planning. is essential that this conference report If I thought there was any way to be enacted into law. do whatever we can to convince other The conference report funds a wide governments to join with us in making amend this provision without jeopard- range of activities that are strongly their use a war crime. izing the entire conference report, I supported by both Democrats and Re- Mr. President, the one amendment in would not hesitate because I know a publicans. Although I believe the fund- disagreement in the Foreign Oper- majority of the Senate would support ing provided for many programs falls ations conference report which deals me. Indeed, a majority of the House far short of what is required to effec- with international family planning has would too—although perhaps not a ma- tively combat global threats to the also been resolved, but I want to be jority of House Republicans—but the American people—whether it is envi- sure Senators understand what the House Republican leadership would ronmental pollution, the spread of in- House has done. Essentially, the House never have the courage to put it to a fectious disease, unchecked population has presented us with a fait accompli. vote. growth, political and economic insta- The choice is either take their offer on Mr. President, the United States has bility caused by enormous numbers of the amendment in disagreement, with been a leader in the effort to stabilize people living in abject poverty, the no opportunity to amend it, or the en- the world’s exploding rate of popu- growing problem of international tire Foreign Operations budget, with lation growth. Tens of millions of peo- crime and terrorism, and the prolifera- none of the policy language, will be ple are born into abject poverty every tion of nuclear and conventional weap- governed by a continuing resolution. year, but today we are cutting pro- ons, it is better than no funds at all. I know that the distinguished chair- grams to give couples the means to On a more positive note, it also con- man of the Appropriations Committee, avoid unwanted pregnancies. Anyone tains a provision of special importance Senator HATFIELD, is as frustrated with an ounce of brains can see that to me, which was passed by two-thirds about this as I am. I certainly intend the logical result will be more abor- of the Senate, Republicans and Demo- to do whatever I can to resist these tions, not less. That is what the right- crats, to impose a moratorium on the heavy handed tactics in the future. But to-life lobby, and their defenders in the use of antipersonnel landmines. given the choice, we have no alter- House have accomplished. Since the NATO operation began in native. A year long CR at either the Mr. President, I want to thank Sen- House level or 75 percent of fiscal year Bosnia just a little over a month ago, ator MCCONNELL, for his efforts to get over 20 NATO soldiers have been in- 1995 levels would be far worse for many this conference report enacted. I also jured or killed by landmines, including important programs. want to pay special tribute to Senator 1 American. That is in addition to the Our conference report categorically HATFIELD, who has been a strong sup- prohibits the use of any funds for abor- 225 UNPROFOR landmine casualties in porter of funding for family planning tion. Yet the House, at the behest of Bosnia, and the thousands of civilian assistance and who played a central the right-to-life lobby, would cut $88 landmine victims, since the war began role in the negotiations with the House million from programs that have only 4 years ago. Of the estimated 100 mil- over the past few days. lion unexploded landmines in the one purpose—to give couples the means world, 6 million are in the former to avoid unwanted pregnancies and re- INTERNATIONAL FAMILY PLANNING Yugoslavia. Landmines are killing and duce the incidence of abortion. Why Mr. FEINGOLD. Mr. President, of the maiming an average of one person anyone would want to do that is be- many controversial issues in the con- every 22 minutes, every day of the yond me, but that is what the House tinuing resolution we are considering year. has done. Anyone who wants to see today, few have been as contentious as

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S426 CONGRESSIONAL RECORD — SENATE January 26, 1996 the debate about international popu- program, as well as our contribution to the EPA to give technical assistance to lation programs in the foreign oper- the UNFPA, we have affected signifi- State pollution control agencies and ations appropriations bill. Astound- cant successes in all those fields. county air and water quality boards; ingly, the entire foreign aid bill has It is beyond me—and saddens me— that allow the EPA to carry out envi- been held up for months by several that these issues have been entangled ronmental impact statements on indus- antichoice Members, mainly in the in a debate about abortion. It reflects a try actions that may hurt the environ- House, who have, illogically, sought to fundamental misunderstanding that ment; that allow EPA to work all over impose restrictions concerning abor- family planning and abortion are not this country to educate industry and tion on international family planning the same. Supporters of family plan- small business and help comply with assistance. ning have been subjected to charges the law so that enforcement actions These misguided provisions are not and insinuations that we support Chi- are avoided. In the long run this will included in today’s CR. Instead we are na’s appalling coercive abortion policy; mean more water pollution, more smog faced with provisions withholding pop- that we want to fund lobbies that pro- in our cities and countryside, more ulation funds until July 1, unless there mote pro-abortion policies worldwide; toxic waste problems. For example is an authorization, and then limiting and that we actually want to promote funding cuts are seriously jeopardizing funding for the program to 65 percent abortion as a method of family plan- cleanup of 12 toxic superfund sites in of today’s levels. It is a victory for ning. All these propositions are untrue, and around the Los Angeles area in- those of us who are prochoice on the and are in fact red herrings. I’m cluding the Newark San Bernadino site question of abortion, but not very good pleased that they have been recognized and San Gabriel sites. news for those of us—presumably the as such, and dropped in the final provi- Republicans seem to take great pride vast majority of the Congress, and in- sions of this bill. in their efforts to dismantle key social cluding most of the people who fought Unfortunately, however, the pre- programs that Americans hold dear, against the original Senate provi- sumptions that underlie this think- but they have chosen to take their war sions—who support family planning. ing—that family planning is somehow against the environment underground. What a bizarre, if not ridiculous, situa- not essential to curbing abortion—are The cuts to the EPA budget show us tion we are in today. prevailing in this bill. Population as- the covert war that is being waged by As my colleagues will remember, in sistance should be treated just as any Republicans against our environment. the name, supposedly, of stopping abor- other foreign aid account, and by sub- It has to be covert because they have tion, the House sought to prohibit U.S. jecting it to deeper cuts, and odd dis- seen the results of poll after poll show- contributions to the United Nations tribution guidelines, no one’s goal is ing that the vast majority of Ameri- Population Assistance Fund, and reim- being reached. cans feel that our environmental laws pose the regressive Mexico City policy THE EFFECTS OF THE CONTINUING FUNDING RES- should be strengthened not stripped on population. Of course, such propo- OLUTION ON THE ENVIRONMENTAL PROTEC- away. In my many years in public of- sitions would not do anything to re- TION AGENCY fice not once has anyone told me, duce incidents of abortion, but would Mrs. BOXER. Mr. President, this ‘‘Senator, our air is too clean,’’ or ‘‘our actually harm efforts to increase fam- morning Administrator Carol Browner water is too safe.’’ The back door at- ily planning assistance—the best rem- of the Environmental Protection Agen- tack on our environmental laws seen edy, obviously, for avoiding abortion. cy testified before the Senate Appro- here is cuts in EPA’s budget that will Fortunately, these anti-abortion re- priations Committee on the con- cripple EPA’s ability to set and enforce strictions have all been stripped from sequences of this continued funding environmental standards. the foreign ops bill, and population as- resolution. She said that it: ‘‘rep- This continued funding resolution sistance will not be hindered by irrele- resents a severe cutback that will not cuts enforcement of all environmental vant but damaging restrictions. In allow us to adequately protect public programs by 14.6 percent, $77 million that, we have succeeded, finally, in sep- health and our environment. Our air, from fiscal year 1995. It hits at the arating population assistance from our water, our land, will not be as heart of EPA administration and man- abortion, and have scored a victory for safe’’. agement in EPA’s ability to set and en- family planning. The Mexico City pol- The cuts in this continued funding force environmental and public health icy has been rebuffed by the 104th Con- resolution compromise our Nation’s standards with a 7-percent cut, $115 gress, and our support for the work of public health and environment. This million from fiscal year 1995. the UNFPA has been reaffirmed. bill appropriates 5.7 billion dollars for This bill also cuts EPA’s budget in But, Mr. President, the cause of curb- EPA—that’s a 14-percent cut—or near- other crucial areas: A 9-percent $110 ing abortion will not be served well by ly one billion dollars from the fiscal million cut from fiscal year 1995 in the cuts in population assistance legis- year 1995 level. It’s a 22.5 percent cut— funds that go straight to the States to lated in this bill. In fact, the only in- or 1.7 billion dollars—from the Presi- help cities all over the country build roads the antifamily planning forces dent’s fiscal year 1996 request. sewage treatment plants that keep raw made today was in taking gratuitous Mr. President, the cuts to the Envi- sewage from flowing into our coastal and harassing shots at the budget for ronmental Protection Agency in this waters, rivers, lakes, and streams. population. While other programs will bill mean that an already stretched A 79-percent; $1 billion cut from the be held to 75 percent of current funding agency will not be able to carry out pre-rescissions fiscal year 1995 level in levels, population programs will be critically important work that ensures funds that go to States to protect our funded at only 65 percent of today’s the health and safety of all Americans, drinking water nationwide. budget. The money will not be distrib- and will result in a set-back of national A 13-percent; $168 million cut from uted until July 1, and even then, it will efforts to ensure that every American fiscal year 1995 in funds that go toward be apportioned only on a month-to- citizen breaths clean air, drinks clean cleaning up hazardous waste sites. month basis. Mr. President, this is water, and is safe from the dangers of Mr. President, it is for all these rea- nothing more than a formula for dis- hazardous waste. These are the EPA sons that I am very distressed at hav- array, and will do nothing to achieve funds that are spent working with ing to have to vote for this continuing the goals of its sponsors. States and municipalities in the devel- resolution. Who really believes that the rapid, opment of our air quality, water qual- Mr. LEVIN. Mr. President, I cannot exponential growth of the world’s pop- ity, lead abatement, and food safety support the continuing resolution ulation—regardless of our positions on standards; the funds that allow EPA to which is before the Senate today. This abortion—does not impact American keep track of the level of pollution in resolution cuts education funds to the interests? Population pressures are a our air, our water, our food, our envi- House passed level, except for those linchpin of so many global concerns, ronment; that allow the EPA to work programs that were not funded by the such as economic development, health, with states and with industries to help House in which case they are cut by 25 food security, migration, environment, them discover the sources of pollution percent. If we were to extend this con- and improving the status of women. problems and helps they comply with tinuing resolution for the remainder of Through the U.S. bilateral population Federal safety standards; that allow the fiscal year, the impact would be an

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S427 unprecedented $3.1 billion cut in edu- Now is the time for cities to submit year is almost one-third over. Nine cation funds from the fiscal year 1995 their school budgets, but they cannot Federal Cabinet departments have been funding level. And, it contains deep adequately do this because they do not without fully approved spending plans. cuts in a range of important domestic have any numbers to work with. Now is Now, 4 months into the fiscal year, priorities, like a 25 percent reduction the time for colleges to project what we are considering a fourth extension. in the funds to put 100,000 cops on the aid they will have to offer newly en- Mr. President, it’s time to act on these streets of America. This in a year in rolled students, but they cannot make appropriations bills—not just by tem- which $7 billion more has been appro- funding projections because they have porary extension, but by getting them priated in defense spending than the not been told how much they are going passed. We should not hold these six Pentagon asked for. to have to offer students. If students appropriations bills hostage in the We are presented on the last day be- cannot be assured they will have finan- name of balancing the budget. fore funding once again runs out for cial aid, many will have to forgo plans It is ironic, isn’t it, that the activi- these agencies of the Government and to go to college. ties financed by these uncompleted ap- for their programs with a continuing The strategy of causing Government propriation bills, or what is also known resolution that makes deep cuts in shutdowns and threatening to raise the as domestic discretionary spending, is vital and proven education programs. debt ceiling, thereby threatening the not the part of Federal spending that The failure to support a simple con- credit rating of the United States, has has caused the budget crisis the Fed- tinuing resolution that adequately been inappropriate and discredited. We eral Government is facing. Discre- funds education programs at fiscal year are told by the majority that there is tionary spending is not the sole prob- 1995 levels is creating serious problems no longer a quorum available in the lem. Domestic discretionary spending for schools, teachers, and students. Our House of Representatives, so we cannot has not grown as a percentage of the children—America’s future—are the in- amend this continuing resolution. The GDP since 1969, the last time we had a nocent victims of this retreat from implication is that we have to accept balanced budget. Domestic discre- education. Here are just a few exam- these cuts and make no adjustments, tionary spending comprises only one- ples, Mr. President, of the devastating otherwise the Government would be sixth of the $1.5 trillion Federal budg- impact if the funding level in this con- shutdown tomorrow—the third time et, and it is steadily declining. Every dollar of Federal spending tinuing resolution is continued this year. Again, we are painted into a must be examined to see what can be through the remainder of the fiscal corner. Well the House can return to done better, and what we no longer year. work at the call of the Speaker. If we need to do. However, the budget cannot The $1 billion cut in title I funding do the right thing by education, they be balanced by looking in this one will deny 1.1 million educationally dis- can quickly do so too. advantaged children the crucial help I think we should reject this bill area, no matter how large the cuts. We are debating issues that have lit- they need in reading, writing, math, which does not reflect priorities, par- tle or nothing to do with balancing the and critical thinking. ticularly in education and the environ- budget. The Safe and Drug Free Schools Pro- ment. The Congress should stay here, The budget proposed by the majority gram in almost every school district in all night, all weekend, if necessary, and party calls for $349 billion in savings the country—more than 14,000—is cut work out and adopt a clean continuing from discretionary spending, but that by 25 percent, $115 million less than the resolution with adequate domestic comes from a portion of the budget fiscal year 1995 level of $466 million. funding and a clean bill to raise the that constitutes only 18 percent of the These programs help schools reduce debt ceiling so that the credit rating of overall Federal budget—the part of drug abuse and prevent violence. the United States is not in doubt for spending that is not growing and the The innovative School-to-Work Pro- weeks to come. part of the budget that funds education gram, which helps youths make the Ms. MOSELEY-BRAUN. Mr. Presi- and police and basic services we all transition from school to future ca- dent, I want to say at the outset that count on. This part of the budget is not reers and education by forming a three- our Federal employees, our financial the major source of our deficit prob- way partnership between Government, markets, and our economy in general, lem. We need to focus our savings on educators, and private industry is cut should never have been subjected to those areas of the budget that don’t by $55 million. the risks created by shutdowns, threats conflict with our priorities and values. The $93 million cut in Goals 2000 of shutdowns, and the failure to act re- How we bring back fiscal discipline comes at a time nearly 17,000 schools sponsibly with respect to the debt ceil- makes a real difference. If we care and communities have already com- ing. Hostage-taking and legislative about our children, if we care about pleted planning and are beginning to blackmail is not the way to arrive at our future, if we care about our Nation implement comprehensive reforms the kind of solution we need to solve and ensuring an opportunity for every based on their own academic standards our budget problems. American to achieve the American and will deny funding to programs I am a firm believer in tightening our Dream, we cannot abandon our com- serving over 5.1 million children. Government’s fiscal policies and will mitment to education, access to health The Eisenhower Professional Devel- continue to work toward that end. I am care, and to creating economic oppor- opment Teacher Training Program, convinced that restoring budget dis- tunity. which supports State and local efforts cipline will help ensure that our chil- That is why I cosponsored and voted to better prepare educators to reach dren—and future generations—will be for Senator KENNEDY’s education high standards in core academic sub- able to achieve the American Dream. amendment because I believe that we jects, such as mathematics and the We have an obligation to our children should meet our obligation to our chil- sciences, is cut by 25 percent or $63 mil- to protect their future opportunities, dren and to the future. If the current lion. and not to leave them a legacy of debt. CR were extended for a full year, edu- Mr. President, the impact of this con- But passing one short-term funding cation funding would be cut $3.1 billion tinuing resolution will be immediate bill after another—one every few weeks below last year’s level. Illinois would and long-lasting because of the way in or so, is not the way to do it. This is lose $72.4 million, including a $54 mil- which school budgets are set. Now is unfair to our students who want to pur- lion cut in title I funding. the time for teacher contracts to be sue educational opportunities. It is un- Continuing to fund education pro- signed. Schools must by law send layoff fair to our science community whose grams at 75 percent of their 1995 levels notices to teachers as early as March research is interrupted. It is unfair to will, at some point, simply become a and April, advising them they will not Government employees who want to 25-percent cut in education funding. be rehired in the fall, but communities work. And it is unfair to all others who Schools that are trying to plan for the cannot make these decisions because depend upon the appropriations con- coming year will soon have no choice the funding is uncertain. Plans for pro- tained in these bills. but to assume a 25-percent cut and plan fessional development, technology pur- Of the 13 appropriations bills Con- accordingly. chases, training, and school safety pro- gress is supposed to pass every year, 6 There are scientists at my alma grams could be delayed or eliminated. are still undone even though the fiscal mater, the University of Chicago, and

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S428 CONGRESSIONAL RECORD — SENATE January 26, 1996 at universities all throughout the Na- By providing a wide range of services Mr. BIDEN. Mr. President, I think it tion, who are awaiting approval of and information, family planning is outrageous that, of all things to their grants because the National makes a difference to millions of choose, this latest temporary spending Science Foundation and NASA do not women around the world. It is esti- bill cuts spending for the 100,000 Cops know how much money is available and mated that approximately 300 million on the Beat Program under the 1994 cannot make decisions about grant women will require family planning crime law. I want to make clear that awards. services in the next decade. It is esti- the only reason I’m voting for this con- Health and safety inspections at pub- mated that such services can prevent tinuing resolution is because it is a lic housing may be forced to cease. In 125,000 women from dying of complica- compromise and would allow States Chicago last week a tragic fire took tions related to pregnancy and child- and localities to continue hiring cops four lives; HUD couldn’t check fire birth. We know that these programs for the next 49 days. The alternative is alarms due to budgetary uncertainty. have reduced infant mortality. Inevi- no cops. The Fish and Wildlife Service will ex- tably, disease, unintended pregnancies, But this is a terrible way to imple- perience delays in issuing wetlands per- abortions, and maternal deaths will in- ment public policy. This continuing mits—Illinois already has a backlog of crease if this restrictive language con- resolution would, if extended over a permit requests from the last shutdown tinues to apply. full year, cut the Cops on the Beat Pro- that is 8 feet tall. International family planning pro- gram by over one-half—over $1 billion Furthermore, there are five Super- grams are important to the overall promised to the American people for fund sites in Illinois, including Wau- health of large numbers of women and cops on the street. That means that kegan, Rockford, and East Cape children in many other countries. The communities across the Nation would Girardeau, that will experience delays family planning provision in this CR is lose over 13,000 police officers. That is in cleanups. bad policy, and it should be reversed at totally unacceptable. Mr. President, these are just a few the next opportunity. This continuing resolution funds the examples of how my State will be af- Mrs. FEINSTEIN. Mr. President, Cops Program at 75 percent of the 1995 fected. We need to move to a balanced today I will gladly vote for the Ken- level for outlays, which was $1.187 bil- budget. And we need to do it in a way nedy amendment to restore funding for lion. Seventy-five percent of that that does not sacrifice the long-term education to last year’s level. Edu- would be $890 million for the year. goals of the American people to cation is an area that we should not In contrast, full funding for the achieve illusory short-term cuts. We shortchange. 100,000 Cops Program for 1996 is $1.9 bil- need a budget that restores fiscal dis- The bill before us today will continue lion. That is what we agreed on in the cipline to the Federal Government. We funding for programs that do not yet 1994 crime law. That is what was re- need a budget based on the realities have year-long funding until March 15. quested by the President. So this reso- facing Americans. Most importantly, Education programs are cut $3.1 billion lution would actually cut over $1 bil- we need a budget for our future. on an annual basis, the largest Federal lion from the Cops on the Beat Pro- I believe that we can achieve that education cut in history. This is a cut gram—over one-half—if it continued kind of budget, if we put aside partisan our schools cannot sustain. for the full year. bickering and political point scoring, Under this bill, California’s elemen- Let no one be fooled. This continuing and if we get down to the work the tary and secondary schools could lose resolution is a back door attempt by American people elected us to do. at least $169.8 million. For title I, pro- Republicans to reverse the gains of the I will reluctantly support this bill grams for disadvantaged students, 100,000 Cops Program and the American not because it’s the answer but because service to 1 in 5 students could be people will not stand for this the next we must avoid a shutdown. I hope we eliminated. Schools will have to lay off time around. We all know the Repub- will use the next 45 days that this CR title I teachers and teaching assistants licans want to change the crime law gives us to reach the kind of overall that provide those extra services that now at work. They said so in their Con- help these students learn. Programs permanent budget agreement that the tract With America. We all know the like Safe and Drug-free Schools, Goals American people want and deserve. Republicans want to eliminate the 2000, and student loans could lose 25 100,000 Cops on the Beat Program. INTERNATIONAL FAMILY PLANNING percent. The University of California They would rather see the money Mr. KENNEDY. The continuing reso- will lose $111 million, much of which is squandered away in a block grant that lution being considered will severely student aid. funds virtually anything under the sun undermine the Nation’s support for the I am also concerned about the stop- than to send the money directly to International Family Planning Pro- and-go pattern of Federal funding that COPS for the one anticrime measure gram. According to the terms of the we have undergone this year. This is we know works—community policing. CR, the International Family Planning the ninth short-term bill we’ve consid- Cops on the Beat. Program will receive funding at only 65 ered. We are almost 4 months into the The Cops on the Beat Program is percent of its fiscal year 1995 level. school year and 3 months into the fis- overwhelmingly supported by the Also, program administrators will be cal year. Once again, we are called on American public as well as every major forced to spend money in predeter- to vote on a short-term funding meas- law enforcement group in the country. mined monthly allotments. Let’s not ure. This bill only funds programs for I don’t know a single responsible police pretend that any program can work ef- 49 days, until March 15. leader, academic expert, or public offi- ficiently and effectively in this man- These short-term bills are particu- cial who does not agree that putting ner. larly unfair to our schools. Like busi- more police officers on our streets and We all know the purpose of this pro- nesses, they have to plan. In my State, in our neighborhoods is the best way to vision—the elimination of the Inter- at the end of January, courtesy notices fight crime. national Family Planning Program. go out to teachers who are likely to be Community policing enables police Opponents of abortion apparently be- laid off. School districts are beginning to fight crime on two fronts at once— lieve that less family planning will to plan their budgets for the next they are better positioned to respond lead to fewer abortions. Nothing could school year. For title I programs, and apprehend suspects when crime oc- be farther from the truth. schools are preparing contracts for curs, but even more importantly, they We know that abortions are reduced teachers and other personnel. Our are also better positioned to keep when family planning services are school districts cannot effectively plan crime from occurring in the first place. available. This CR will lead to serious with this on-again, off-again funding The reports from the field all across reductions in family planning. The ef- stream. the Nation are the same—community fect will be an increase in abortions in Our students, teachers, and adminis- policing works. When it comes to other nations. Our colleagues opposed trators should not be held hostage any anticrime efforts, the one thing we to abortion should not be encouraging longer. I urge my colleagues to join me know is that more community police this result. in voting to restore these education officers means less crime. And we International family planning is also funds and put education funding on a should keep our word to the American good international health care policy. more stable footing. people.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S429 The 1994 crime law targets $8.8 billion limitations that govern taxpayer-fund- changes in his ordinary clinical way of going for States and localities to train and ed scientific research. It is an issue about things, change the number of embryos hire 100,000 new community police offi- that calls upon us to uphold the dig- that are fertilized. . . . It would be but a tri- cers over 6 years. nity of humanity itself. fle administratively to make these embryos surplus rather than special. And as we pass the 1-year mark, it is We know that science has benefited already clear that the Cops Program is all of humanity in countless ways, but The Warnock Committee, which in- working even beyond expectations. Al- every one of us knows that the history vestigated this issue in Great Britain, ready, more than 33,000 out of 100,000 of scientific inquiry also has its dark reached an identical conclusion. Fur- cops are funded in every State in the chapters. We have learned painful les- thermore, how can we say that it is Nation. And because of the way we’ve sons from the atrocities that have been wrong for Government to use taxpayer set it up—with a match requirement committed in the name of scientific money to fund the creation of life for and spreading out the cost over a pe- progress. We have learned that the experimental purposes but say that it riod of years—the money will continue human subjects of scientific experi- is nevertheless permissible to fund its to work, keeping these cops on the beat ments must give their fully informed destruction? and preventing crime in our commu- and voluntary consent. We have More importantly, just because a pri- nities far into the future. In a word, learned that ethical experimentation vate party plans to destroy life, why the law is working. requires a proper respect for the dig- should Government force taxpayers to But that progress will come to a nity of the human subject. We have give their blessing to that act? Let pri- screeching halt if my Republican col- learned that an experiment that is vate parties use private money for leagues get their way—either through likely to result in the death of, or dis- their ethically challenged experiments. drastic spending cuts as under this con- abling injury to, the human subject Taxpayer dollars should be used to pro- tinuing resolution or through block cannot be ethical and must never be tect and uphold human life, not to de- grants with loopholes you could drive a permitted to occur. stroy it. truck through. These principles are enshrined in the Ellen Goodman has stated What is one to conclude from the ef- Nuremberg Code. They can also be that scientific inquiry must recognize forts of the Republicans to gut the found in the World Medical Associa- the existence of ethical stop signs. 100,000 Cops on the Beat Program? Is it tion’s Declaration of Helsinki as well President Clinton also acknowledged that tax cuts to a few are more impor- as other major international conven- that there are ethical limits on sci- tant than protecting the safety of aver- tions governing scientific ethics. They entific inquiry when he drew the line age Americans? make it clear that no human being can and prohibited the creation of human Apparently my Republican col- be ethically regarded as an instru- life for research purposes. Former NIH leagues in Washington just don’t seem ment—a mere means to serve the ends Director Bernadine Healy probably put to get the message. So let me make it best: this crystal clear. If they think that of another person or group of persons. These are absolute principles. Their It’s a rather profound decision to say that they will use their new targeted appro- a government agency will use taxpayer dol- priations strategy to kill the Cops on framers clearly intended to establish limits beyond which an ethical science lars to designate a class of subhuman hu- the Beat Program—to cut $1 billion mans that will be there solely to be experi- and thousands of cops—they are sorely would not be permitted to go. Suppose mented upon and then discard them at the mistaken. I will do everything in my for a moment that it could be proven whim of science. that a large number of people could power to prevent the Republicans from Mr. President, the supposed benefits benefit and live happier lives if we all further undermining the 100,000 Cops of a kind of scientific research do not agreed to use a few of our fellow human Program. make that research ethical. Today, beings as research subjects in experi- So, although this continuing resolu- when we pass this legislation we will be ments that we knew would harm or kill tion funds cops at 75 percent of last saying to the American people that them. Of course, the benefits of sci- year’s outlays for the next 49 days, this ethics determine the limits of science entific research are never certain, but indirect ambush on the 100,000 Cops on and not vice versa. We will be saying let’s put that aside. It wouldn’t matter. the Beat Program—a program de- that in the interest of science, we Certain ethical principles are inviolate. manded by the American people—will should not violate the fundamental That means that we do not subject not be tolerated for the full year. principle of the sanctity and dignity of them to cost-benefit analyses. f all human life. I urge the President to I must commend President Clinton support this important provision. TAXPAYER FUNDING OF HUMAN for his Executive order banning tax- EMBRYO RESEARCH payer-financed creation and destruc- BALANCED BUDGET Mr. SMITH. Mr. President, I want to tion of research embryos. In making Mr. GREGG. Mr. President, the pro- congratulate my colleagues in the this decision, the President acted on visions of the Balanced Budget Down- House for adding the language in sec- the belief that ethics imposes certain payment Act that relate to the Com- tion 128 of this bill, which prohibits the limits on science. I only wish he had merce, Justice, State, the judiciary, use of taxpayer funds to create human followed that logic to a more honest and related agencies [CJS] appropria- embryos, to perform destructive ex- and consistent conclusion. tions bill provide for funding at the periments on them, and ultimately, to Unfortunately, however, President levels outlined in the fiscal year 1996 destroy and discard them. Clinton continued to allow so-called conference report under fiscal year 1995 We funded the National Institutes of spare embryos from in vitro fertiliza- terms and conditions, with certain ex- Health in the earlier targeted appro- tion programs for experimentation and ceptions which are spelled out in the priations legislation, but that bill did destruction. In other words, it’s still legislation. not contain this important restriction permissible to use developing human Along with the distinguished ranking on the use of Federal funds. I have been beings as raw material for bizarre ex- member of the subcommittee, Senator working on this issue for the past sev- periments that will result in death. HOLLINGS, I want to notify all depart- eral months, trying to call attention to First of all, the distinction between ments and agencies funded under the the issue, and I am very pleased that specially created embryos and so-called CJS bill that the fiscal year 1996 con- we are very close to getting this impor- spare embryos is unenforceable and ference report and statement of man- tant provision enacted into law. meaningless in practice. When the Aus- agers and the House and Senate reports Many of my colleagues might not to- tralian Parliament considered this relating to the fiscal year 1996 CJS bill tally understand what exactly we mean issue, Dr. Robert Jansen—an advocate should be used to the maximum extent when we talk about human embryo re- of embryo research—put it very plain- possible in allocating resources under search. So, before we vote on this crit- ly: this legislation. With very few excep- ical legislation, I would like to give a It is a fallacy to distinguish between sur- tions, the guidance provided in these brief explanation of the issue. plus embryos and specially created embryos documents will likely become the final Mr. President, this is an issue that . . . any intelligent administrator of an in guidance for expenditure of fiscal year calls upon us to reaffirm the ethical vitro fertilization program can, by minor 1996 funds.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S430 CONGRESSIONAL RECORD — SENATE January 26, 1996 DEPARTMENT OF JUSTICE This provision allows each department Small Business Administration [SBA] Office of Justice Programs—Funding or agency to transfer funds between ap- Small Business Development Center is included for discretionary and for- propriations accounts as necessary to [SBDC] Program at the fiscal year 1996 mula grants under the Edward Byrne cover the personnel costs associated conference level. This will allow SBA Memorial State and Local Law En- with program closeouts or downsizing to continue to make funding commit- forcement Program. It is the commit- requirements. This transfer authority ments with State resource partners in tee’s intent that discretionary grants is provided in addition to the authori- the SBDC Program based on the fiscal should be made in accordance with the ties available under fiscal year 1995 year 1996 funding level provided in the joint statement of managers, and, that terms and conditions and is subject to conference report. among those grants, the Justice De- the committee’s standard reprogram- Disaster assitance—the committee is partment should make funding the re- ming procedures. aware that funding levels provided for quirements of State and local law en- DEPARTMENT OF STATE AND RELATED AGENCIES the SBA Disaster Loan Program sub- forcement related to the 1996 Olympic With respect to title IV of the CJS sidies and administrative expenses may Games a priority. bill, covering the Department of State, be insufficient to continue the program Truth-in-sentencing grants—The the United States Information Agency for the full fiscal year, especially con- pending bill contains language that [USIA], and the Arms Control and Dis- sidering the rate of disasters thus far withholds all funding for a new Truth- armament Agency [ACDA], funding at this fiscal year. The committee notes in-Sentencing Prison Grant Program the conference level generally provides that there are two primary reasons for until an agreement on revised legisla- an operating level above what has been the shortfall. First, the request for sub- tive language can be reached. The sole in effect under the previous continuing sidy amounts for the loan program was exception to this provision is funding resolutions. based on proposed legislative changes included under this program in the For contributions to international modifying the interest rate on SBA dis- conference report to help reimburse organizations and contributions for aster loans. While the full request for States for the costs of incarcerating international peacekeeping activities, loan subsidies was appropriated, the criminal aliens. the amount of funds available to be ob- proposed legislative changes, which are The pending bill includes a provision ligated is intended to be no higher than not under the jurisdiction of the Ap- that applies the terms and conditions the proportionate amount of the full- propriations Committee, have not been of the 1996 conference report and state- year funding level provided in the con- enacted yet. Additionally, the adminis- ment of managers to amounts provided ference report that corresponds to the tration has not amended its budget re- number of days covered by this legisla- in the previous targeted appropriations quest to provide additional resources legislation for various Department of tion. Under USIA, continued funding for needed to maintain program oper- Justice programs for the remainder of the inspector general [IG] has been pro- ations, nor has it identified the offsets the fiscal year. Within these terms and vided for the term of this legislation. necessary to provide those resources. conditions, Senator HOLLINGS and I The second reason for the shortfall is The funding is to be derived from the want to clarify the following points: conference level of funding for the the failure of the Small Business Ad- Under the Interagency Crime Drug State Department’s inspector general, ministration to adequately budget for Enforcement Program, it is the com- because that level of funding was based the appropriate level of administrative mittee’s intent that the Attorney Gen- upon the merger of the USIA IG office costs for even a normal disaster year eral, in consultation with the Office of into the State IG office. Both offices within the appropriate account for this Investigative Agencies Policies, will al- are to continue to prepare for the program. The committee expects SBA locate resources among agencies par- merger, which is fully anticipated to to reprogram an amount to cover the ticipating in interagency crime and occur during this fiscal year. base requirements for disaster loan drug task forces based on current task With respect to educational and cul- making within the funds provided force requirements. It is our intent tural exchange programs, the state- under this act. Furthermore, the com- that this review include a results-ori- ment of managers language in the con- mittee expects that future budget re- ented analysis of task force operations. ference report concerning the tenth quests for administrative expenses It is the committee’s intent that paralympiad should be carried out on under the Disaster Loan Program ac- funding provided for the Federal Prison an expedited basis. Sufficient funds count will fully cover the costs of pro- System includes both the construction should have been appropriated under viding the services required to manage of new prisons under the terms speci- previous continuing resolutions and the loan program level assumed in the fied in the statement of managers and the pending bill to permit this issue to budget request. continued support for the National In- be addressed during the period in which The committee recognizes the sever- stitute of Corrections. the current legislation is in effect. ity of disasters such as the devastating DEPARTMENT OF COMMERCE RELATED AGENCIES flooding in Pennsylvania and other Advanced Technology Program—The FEDERAL TRADE COMMISSION Mid-Atlantic States following recent pending bill provides funding for the The committee expects that amounts storms, and is confident that the SBA Advanced Technology Program [ATP] provided in the bill for both the Fed- will be able to respond appropriately at a rate of operations of up to 75 per- eral Trade Commission and the Justice and responsibly to these dire situations cent of the final fiscal year 1995 appro- Department’s Antitrust Division will within the resources currently avail- priated level. The bill contains lan- allow these agencies to function at the able under the Disaster Loan Program guage which would prohibit funding for full operating levels assumed in the during the period covered by the Bal- new ATP awards or grant competitions conference report on H.R. 2076, based anced Budget Downpayment Act. The during the period covered by this legis- on estimated offsetting collections of committee recognizes that additional lation. During this period, ATP funding $48,262,000 for each agency. funds for the SBA Disaster Loan Pro- will be restricted to program adminis- LEGAL SERVICES CORPORATION gram may be required prior to April, tration and continuation grants for Funding in this bill for the Legal and believes that if additional re- ATP projects awarded in fiscal year Services Corporation [LSC] includes in- sources are needed, they can be pro- 1995 or earlier. terim funding for basic field programs vided through the reprogramming proc- The pending bill includes language until a new competitive grant program ess to assure continuation of the pro- similar to a provision contained in the is implemented. The committee ex- gram through March 15. The com- conference report on the fiscal year pects LSC to begin a competitive grant mittee will work with the administra- 1996 Commerce, Justice, State Appro- program on April 1, 1996, and to be pre- tion to determine the appropriate level priations Act requiring that costs asso- pared to implement restrictions out- of funding for this program as well as ciated with personnel actions resulting lined in the conference report on H.R. potential sources of funding offsets. from funding reductions included in 2076. Ms. MIKULSKI. Mr. President, today subsection 201(a) bill be absorbed with- SMALL BUSINESS ADMINISTRATION I will vote for the continuing resolu- in the total budgetary resources avail- Small Business Development Cen- tion that will prevent another Govern- able to each department or agency. ters—the bill provides funding for the ment shutdown. I do so because I do

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S431 not believe our country can withstand this measure contains. For this reason, think this basic fact would not need to another Government shutdown. I supported Senator KENNEDY’S amend- be restated on the floor of the U.S. I am budget weary. My home State of ment to protect education programs. I Senate. Maryland is budget weary. I have know all too well that schools in my U.S. international family planning 260,000 Federal employees in my State. State of Maryland could use any addi- funds are not spent on abortion. So They are budget weary. And the Nation tional Federal funding because times now they are going after basic health is budget weary. are hard right now for the public care services that prevent pregnancy. Running our Government by shut- school in my State. Over 100 million women throughout down and 30-day funding measures is Without the Kennedy amendment, the world cannot obtain or are not wasteful and irresponsible. It’s harmful Maryland’s college students will not using family planning because they are to our country—harmful to our inter- know if they can afford to go back to poor, uneducated, or lack access to national standing, harmful to our cred- college next semester, services for care. Twenty million of these women it rating, and harmful to the future of Maryland’s disadvantaged youngsters will seek unsafe abortions. Some our country. in elementary school would end, and women will die, some will be disabled. Mr. President, the State of Maryland teachers would be laid off. We could prevent some of this needless is home to some of the flagship agen- As an appropriator, I know first-hand suffering. cies of the Federal Government. It is how difficult it is to allocate and bal- This issue won’t go away. The major- home to the National Institutes of ance limited Federal dollars. But if the ity of the Senate opposes this irra- Health, where dedicated researchers current funding levels are extended tional and cruel provision—and we will are fighting to discover a cure for Alz- over the next year, it would cut edu- continue the fight to enable the world’s heimer’s disease, to Parkinson’s dis- cation by $3.1 billion—the largest edu- poorest women to control and improve ease, to cancer, and other devastating cation cut in history. That’s why I sup- their lives. ailments. We are the home to the Food ported the Kennedy amendment. I’m There are other examples of how run- and Drug Administration, to the Na- disappointed it could not be approved ning a government by CR makes no tional Institute of Science and Tech- today. sense and hurts the employees of those nology, and to Goddard which is pilot- Furthermore, the cuts to agency agencies. But the bottom line remains ing the Mission to Planet Earth. budgets will have very negative con- that we cannot afford another shut- During the last shutdown, I spent sequences. Cuts in the Environmental down. Despite the onerous provisions time throughout my State talking to Protection Agency [EPA] truly threat- contained in this continuing resolu- Federal Employees about how the shut- en public health and safety. tion, shutting down the Government down was affecting them. I talked to This continuing resolution will cut would be worse. This is why I will vote the dedicated doctors, nurses, and lab the EPA by $1 billion. That’s a 25-per- for this bill, but I do so with great an- technicians at our excellent Veterans’ cent reduction in enforcing environ- guish. Administration Hospital in Baltimore. mental and public health standards for They were on the job, tending to our air pollution, pesticides, and clean Mr. MCCAIN. Mr. President, I rise to veterans health care needs, but they water. It’s a 45-percent cut in funds voice my strong support for section 126 weren’t getting paid. needed to protect community drinking of H.R. 2880. That provision was sought I met with agents of the Federal Bu- water. It’s a 30-percent cut in funds by many American Indian and Alaska reau of Investigation. They were work- going directly to States to build waste- Native communities throughout the ing to protect our safety, to fight the water and sewage treatment plants, Nation who rely on the Indian Health war on drugs and crime—but they and a 25-percent cut in Superfund haz- Service and the Bureau of Indian Af- weren’t getting paid. ardous waste cleanup. fairs to provide essential governmental I spoke with the good people at The American people want clean services and to build, operate, and NASA’s Goddard Space Flight Center— drinking water. The American people maintain critically-needed facilities where they are scanning the universe want hazardous and contaminated for them. I comment the House and for the secrets to life here on Earth. waste sites cleaned. But these deep Senate leadership, as well as the lead- But their work was imperiled because cuts would make it impossible for EPA ership of the Appropriations Commit- essential contractors were not getting to protect the environment and public tees, for including this provision. paid. health and safety and it would cause Earlier this week, Senator STEVENS After having met with these essential staff cuts at EPA. and I asked that the House include and valuable Federal employees, I am I am also opposed to the way HUD is funding, through September 30, 1996, more determined than ever that we can treated in this process. This Nation for all Native American-related never have another Government shut- cannot run its housing programs by projects and activities within the Inte- down. continuing resolution. HUD cannot ef- rior and related agencies appropria- So, Mr. President, I will vote for this fectively enter into contracts to pro- tions bill at the level of funding pro- continuing resolution today. But I vide basic housing services. Commu- vided for in the Interior conference re- must say that I have profound prob- nity development and emergency hous- port approved by the House and Senate lems with many of the terms and con- ing services have been unable to spend last December. Most of what we sought ditions of this bill. The need to avoid a any funds to meet the very real needs finally was adopted as section 126 by third shutdown cannot ignore the very of the people. The uncertainty of pro- the House late yesterday and is before real harm that will result from the gram funds and guidelines make it dif- the Senate for consideration today. terms of this CR. ficult for HUD to proceed in an intel- Section 126 of H.R. 2880 provides First of all, I am very disappointed ligent fashion. funding through March 15, 1996, at the that we are not providing the same fur- In addition to concerns over the edu- December 1995 conference markup for lough protection for Federal employees cation, the environment, and the hous- all projects and activities funded that we did in previous continuing res- ing provisions, I strongly oppose the through two Federal agencies under olutions. This CR will allow agencies provisions in this bill that deal with the Interior and related agencies ap- to furlough employees for 1 workday international family planning. By de- propriations bill—the Indian Health per pay period. This could amount to a laying and reducing our contribution Service and the Bureau of Indian Af- 10 percent pay cut for Federal employ- to international family planning, we fairs. It is my understanding that this ees in Maryland and across the Nation. are denying healh care to the world’s includes all health services and related I don’t see how we can expect to poorest women. health facilities projects and activities maintain an effective and dedicated Those who support this provision administered by the Indian Health work force when Federal employees are claim to want to reduce the number of Service, as well as all those projects under constant attack. These assaults abortions. But the effect of this provi- and activities administered by the Bu- must stop. sion will be just the opposite. Family reau of Indian Affairs under the ac- I am also deeply distressed by the in- planning prevents unwanted preg- count headings operation of Indian pro- adequate funding for education that nancies and abortions. You would grams, construction, Indian land and

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S432 CONGRESSIONAL RECORD — SENATE January 26, 1996 water claim settlements and miscella- to Pakistan military equipment and volve genetic engineering or the sale of neous payments to Indians, technical technology that is in full working embryos. assistance of Indian enterprises, and order, and that costs accrued in the This research involves embryos do- the Indian guaranteed loan program process of bringing the equipment up nated by couples who have undergone account. to full working order should come from certain medical treatments which help Mr. President, on January 5, 1996, reprogramming funds from within ex- them have children. A woman receives Senator STEVENS and I and many other isting budgetary resources. hormone shots that cause her ovaries Senators and Representatives were Second, questions have been raised to produce eggs, which in turn are re- able to secure funding through Sep- about the provision of defense services. moved and fertilized in a petri dish by tember 30, 1996, for all projects and ac- The Brown amendment specifically a man’s sperm. tivities administered by Native Amer- states: Some of the embryos are returned to ican tribes and organizations under (4) Notwithstanding the restrictions con- the womb with hopes a pregnancy will self-determination contracts and self- tained in this subsection, military equip- result. If there are remaining embryos, governance compacts authorized by ment, technology, or defense services, other they can be used for research with the Public Law 93–638, as amended. Under than F–16 aircraft, may be transferred to couples permission. Public Law 104–91, the full-year funding Pakistan pursuant to contracts or cases en- A prohibition on embryo research level for these tribal operations was set tered into before October 1, 1990. will severely restrict high-quality sci- at the amounts provided for in the De- It is the specific intent of this sub- entific research that could lead to a va- cember conference report. section to ensure that all contracts or riety of beneficial medical treatments. Although a substantial number of na- cases entered into prior to October 1, Medical research on human embryos tive American tribes and organizations 1990, are able to be reinstated, as well shows promise for the treatment and have assumed operational responsibil- as all military equipment or tech- prevention of some forms of infertility, ities under Public Law 93–638, many of nology transferred other than F–16 air- , and genetic disorders, and the more dependent tribes have not craft. This authorizes the provision of may help lead to a reduction in mis- done so and thus continue to rely on depot level assistance, contract follow- carriages and the development of im- Federal employees of the Bureau of In- on support and contractor engineering, proved contraceptive methods. dian Affairs and the Indian Health management and technical services, in- Human embryo research could help Service to provide essential govern- cluding engine depot repair. Included enable hospitals to create tissue banks mental services. Under the continuing would be the ability for Pakistan, which would store tissue that could be resolution expiring tonight, these non- under existing foreign military sales used for bone marrow transplants, spi- Public Law 93–638 activities have been cases, to renew existing support con- nal cord injuries, and skin replacement funded at a sharply lower rate than tracts or to enter into new contracts for burn victims. that provided Public Law 93–638 activi- for the support of the equipment that As doctors have discovered, Alz- ties carried out by tribes, because of is transferred. heimer’s disease and Parkinson’s dis- the great differential between the fund- Also questioned has been the sub- ease are the result of damaged degen- ing levels passed by the House and Sen- section permitting the President to re- erating nerve cells and tissues. Human ate last summer in the Indian ac- imburse the Government of Pakistan embryo research could ultimately re- counts. As a result, there has been a for any amounts paid in storage costs. sult in development of universal donor huge disparity between funding levels The subsection requires that the pay- cells and tissue to replace what was for tribally operated activities and ments have no budgetary impact, lost to nerve damage. projects and for those operated by Fed- which means that the President may Human embryo research is also vital eral agencies on behalf of other tribes reprogram any existing funds to repay in the prevention of cancer. Knowing in recent weeks. the Pakistani Government, but that he how cells divide and grow will help re- Section 126 of the bill under Senate is not authorized to expend funds that searchers to better understand how and consideration today will fund all re- would be scored by the Congressional why cancer cells grow. This research maining federally operated projects Budget Office as requiring an addi- may lead to better methods of preven- and activities under the Bureau of In- tional appropriation. tion and treatment for leukemia, dian Affairs and the Indian Health Pakistan has been an important breast cancer, prostate cancer, and Service at the same level the Congress friend and ally of the United States. It many other cancers. funded tribal-operations earlier this is my hope that this amendment will Between 1975 and 1993, due to a com- month. This will remove any difference begin the process of reinvigorating our bination of regulatory restrictions and in funding levels between tribally-oper- relationship. administrative inaction, no Federal ated and federally operated projects or OPPOSITION TO PROHIBITION OF FEDERAL funding was made available for human activities for the benefit of native FUNDING FOR HUMAN EMBRYO RESEARCH embryo research. As a result, the Americans. I urge my colleagues to Mrs. BOXER. Mr. President, I rise in United States has fallen far behind the support this provision. opposition to the language in the con- rest of the world in this area. CLARIFICATIONS ON RESTRICTIONS tinuing resolution which prohibits Fed- Although the United States often Mr. BROWN. Mr. President, I rise eral funding of human embryo re- leads the world in biomedical research, today to express my strong support for search. the most recent breakthroughs in as- the foreign operations provisions in- All this prohibition does is close out sisted reproductive technologies and cluded in today’s continuing resolu- venues for medical research that could human embryology have come from tion. save people’s lives. Prohibiting Federal , France, Italy, and Australia. Some questions have been raised con- funding of human embryo research will In 1994, the Director of NIH created a cerning the Brown amendment on hold the health of millions of Ameri- Human Embryo Testing Research Pakistan and the extent of its applica- cans hostage to antichoice politics. Panel to recommend guidelines for re- tion. I would like to take a minute to Let me highlight a few important viewing applications for Federal re- clarify the intent behind the amend- facts about human embryo research. search funds. In September 1994, the ment. The purpose of the Brown Human embryo research does not in- panel endorsed human embryo research amendment was to release equipment volve human embryos or fetuses devel- finding that ‘‘the promise of human bought and paid for by Pakistan that oping inside the body. Rather, this re- benefit from research is significant, has been held by the United States and search involves the examination of em- carrying great potential benefit to in- prevented from delivery. As a party to bryos only in a culture dish. fertile couples, and to families with ge- the contract between the United States Nor does human embryo research in- netic conditions, and to individuals and and Pakistan, it is my firm belief that volve abortion or the use of aborted families in need of effective therapies the United States has significant obli- fetal tissue. Human embryo research for a variety of diseases.’’ gations to tender goods that meet our also does not involve cloning or the Federal funding for these studies will contractual obligations. It is my view creation of nonhuman life forms. Last- help assure that a single set of sci- that the United States should deliver ly, human embryo research does not in- entific and ethical standards is put in

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S433 place for this research. No such official population programs. It is not a perfect links aid to Russia to termination of standards exist now. solution by any account, but it is the the nuclear deal with Iran. In the in- Compromise language was proposed best we were able to achieve. terest of maximizing the administra- in the House and should be considered I am pleased we were able to nego- tion’s leverage the condition begins 3 in the Senate as well. Pursuant to rec- tiate a solution to the abortion con- months after the date of enactment of ommendations developed by an NIH cerns because I believe there are many this bill giving the administration panel of experts the language would provisions in this bill which serve im- ample time to negotiate a solution to state: ‘‘None of the funds made avail- portant national priorities. Let me this problem. able by this Act may be used to sup- briefly review some of the key provi- Beyond the NIS, I think it is worth port the creation of human embryos for sions and conditions of the foreign op- pointing out that the Senate’s posi- research purposes.’’ erations bill. tions on a range of issues have been in- This prohibition on medical research, We have fully funded our Camp David cluded in the conference report. We which could save people’s lives, is yet partnership and strengthened our in- linked the provision of assistance to another example of the misguided at- terests in the region by extending the the Korean Peninsular Energy Develop- tack by anti-choice forces on women’s Middle East Peace Facilitation Act. ment Organization to concrete progress health and on their reproductive Once again, the Congress has made in the North-South relationship. We re- rights. clear how high a priority we place on solved the long standing dispute over We cannot let this happen. I urge securing a regional peace and advanc- equipment purchased by Pakistan. We Members to vote to strike the language ing stability. The tragic loss of Itzhak included legislative language intro- in this continuing resolution which Rabin’s life and leadership serves as a duced by Senator BROWN which I co- calls for a total prohibition of Federal reminder of how quickly events may sponsored and strongly supported out- funding for human embryo research. change in the region but our commit- lining a specific strategy for expanding NATO. We have earmarked $2 million FOREIGN OPERATIONS CONFERENCE REPORT ment must remain steadfast. Mr. BROWN. Mr. President, I rise As we are all well aware, there have to support democracy and freedom of today to congratulate the distin- also been major changes over the past the press in Burma, one of the most re- guished Senator from Kentucky, Sen- several months in Russia. President pugnant and repressive regimes on Earth. And, the bill also included the ator MITCH MCCONNELL, on his Yeltsin has fired or removed every sin- terms of the Humanitarian Corridors unending efforts to produce a foreign gle person who advanced our common Act which should help guarantee safe operations conference report. It has interests in economic and political re- passage of crucial assistance to coun- been a very difficult and controversial form. While the administration con- tinues to sing the same tune, that re- tries with dire needs. process, but he has persevered and de- Finally, I think we provide strong form is inevitable and there is no look- serves the Senate’s praise as we pass support for our export agencies and ac- ing back, I am deeply concerned about the bill today. Robin Cleveland of his tivities. I just received a note from Ken the implications of these develop- staff and Jim Bond of the Appropria- Brody, the recently retired Chairman ments. tions staff also deserve recognition for of the Export-Import Bank. He pointed For 3 years, I have pressed for a shift their hard work. out that with billions of people joining in both policy and resource emphasis Mr. President, I would also like to the free market for the first time, ‘‘ini- to assure balance in our relations with ensure that the language included in tial market shares are being estab- the NIS. With the change in the Con- the continuing resolution will enact all lished that will set the patterns for gress, we have now been able to change terms, conditions and general provi- years to come. We cannot afford to let the ‘‘Russia first’’ approach insofar as sions that were included in the original other countries give their companies this bill is concerned. This year, we conference report passed by both an unfair advantage.’’ With the strong Houses of Congress. Is that the intent have earmarked $225 million for backing of this bill, Exim and our of the chairman of the subcommittee? Ukraine, a minimum of $85 million for other trade agencies have helped U.S. Mr. MCCONNELL. Mr. President, the Armenia and recommended $30 million companies and ‘‘exporters compete and Senator from Colorado is correct. It is for Georgia. We have also directed $15 win the global economy and thereby our intent that the language included million be made available to establish create high paying American jobs.’’ in title III of the continuing resolution, a Trans-Caucasus Enterprise Fund and We have included each of these ini- H.R. 2880, will incorporate by reference $50 million for the Western NIS and the tiatives and funding levels while still the entire conference report for H.R. Central Asian Enterprise Funds to sup- affording the administration a measure 1868, the appropriations bill for all For- port the emerging private sectors. of flexibility. Specifically, flexibility eign Operations, Export Financing and Within those earmarked resources we has been enhanced by consolidating a Related Programs other than the sub- have set aside funds for specific pro- variety of development assistance ac- stitute for amendment 115 included in grams which directly serve American counts into a single flexible fund and the language of the conference report. interests including a nuclear safety ini- we have provided transfer authority be- Mr. BROWN. I thank my distin- tiative in Ukraine to prevent another tween accounts. For example, NIS re- guished colleague, and note that in- Chernobyl incident and resources tar- sources can be used to fund the Warsaw cluded will be important legislative geting law enforcement training and Initiative and Partnership for Peace provisions such as the Middle East exchanges. programs. Peace Facilitation Act, clarifications The alarming increase in inter- In conclusion, this bill sets a new on restrictions in our relationship with national crime emanating from Russia course for our foreign assistance pro- Pakistan and improvements to the and other NIS republics is already hav- grams. The taxpayers should be enor- NATO Participation Act of 1994. ing an impact here in the United mously relieved to learn that we were Mr. MCCONNELL. Mr. President, I States. The $12.6 million included in able to reduce foreign assistance from would like to make a few brief remarks the conference report will allow the last year’s level by nearly $1.5 billion on one section of the continuing reso- FBI, DEA, and other U.S. agencies to and were $2.6 billion below the adminis- lution which includes the foreign oper- aggressively address these problems. It tration’s actual request. Even with ations conference report. is my expectation that Judge Freeh these significant cuts, I believe the for- Over the past several months the will have primary responsibility for de- eign operations bill effectively pro- Senate and House have sent the bill veloping and coordinating a strategy motes democracy, free markets, and back and forth because of differences for the region and, he will, in turn, U.S. economic interests and protects over the population program and abor- work closely with his counterpart our national security. tion restrictions. After no less than agency heads to disburse funds either Mr. President, I would appreciate in- nine votes on the issue we have finally through our international law enforce- serting a colloquy between Senator produced a solution which satisfies the ment center in Budapest or on a coun- BROWN and myself in the RECORD im- concerns of those of us who strongly try by country, case by case basis. mediately following my remarks. Ap- oppose abortion with the interests of The final provision regarding the NIS parently, because of the abbreviated those who wish to fund AID’s current which I believe serves our interests nature of the text of the continuing

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S434 CONGRESSIONAL RECORD — SENATE January 26, 1996 resolution, there appears to be some Mr. GORTON. Mr. President, every the President’s veto message of Decem- confusion over the meaning of the lan- Senator is aware that the continuing ber 18. A deliberate effort was made to guage. I hope this colloquy clarifies resolution now before the Senate rep- address the administration’s concerns that the entire conference report fund- resents a less than perfect solution to as well as the concerns of many Mem- ing levels, terms, and conditions ac- the impasse over the unsigned fiscal bers of the House and Senate. companying H.R. 1868 are included in year 1996 appropriations bills. As chair- I think it is worth reviewing just how this bill and will be law when the man of the Interior Appropriations far we have come in addressing the ad- President signs the continuing resolu- Subcommittee, I’d like to take a mo- ministration’s objections. tion. ment to discuss why the Interior bill FUNDING ISSUES AUTHORITIES EXERCISED UNDER THE remains unsigned, and why I am begin- Indian programs CONTINUING RESOLUTION ning to question whether we will be Mr. DOMENICI. Mr. President, I seek able to enact a bill this year. The Administration has criticized recognition to engage in a brief col- Our system of Government is based the level of funding provided for Indian loquy with the chairman of the Inte- on checks and balances. To enact legis- programs. In response to these con- rior Appropriations Subcommittee. lation and govern effectively, coopera- cerns—as well as those of other Mem- I ask the distinguished Senator from tion, and compromise are required. In- bers—House and Senate conferees have Washington the following question: deed, the President made cooperation agreed to provide $111.5 million more Does the continuing resolution we are and compromise the central theme of for the Bureau of Indian Affairs than about to adopt fulfill our commitment his State of the Union Address Tuesday was provided in the original Senate to continue funding for departments night. bill. This includes $25 million in new and agencies for which regular appro- Sadly, there seems to be little co- funding added to the bill since comple- priations measures have not been pro- operation and virtually no compromise tion of the first conference agreement. vided, and our commitment to Federal with regard to the Interior bill. Despite Conferees have also agreed to add $25 workers at those departments and the fact that House and Senate nego- million to the bill for Indian health agencies that they will continue to go tiators have made many significant programs, giving the Indian Health to their jobs and be paid for their hard changes to the bill to address the Service a 1-percent increase over its work? President’s concerns, the administra- fiscal year 1995 funding level. Mr. GORTON. The continuing resolu- tion has shown little willingness to ac- Indian programs account for $3.6 bil- tion we are about to adopt fulfills a commodate a number of serious con- lion of the $12.2 billion included in the commitment to continue reasonable gressional policy concerns. Interior bill that was vetoed by the funding of those departments and agen- Unfortunately for those agencies President. This represents 30 percent of cies for which regular appropriations funded by the bill, this refusal will re- the total funding provided. In a year in measures have not been signed into sult in continued uncertainty and re- which overall funding for the Interior law. It also fulfills our commitment to duced funding. In many cases, the bill was reduced by 10 percent from fis- eliminate significant uncertainty for agencies hit hardest by continued oper- cal year 1995, it is remarkable that Federal workers who will stay on the ation under continuing resolutions are these Indian programs were reduced by job through the resolution’s coverage the very agencies for which the admin- only 4 percent. For the administration period, seeing that the Federal Govern- istration expresses its support. to assert that these programs have ment continues to operate. The administration’s demands in- been treated unfairly is simply false. Mr. DOMENICI. In that context, I be- clude complete elimination of a num- Energy conservation lieve we must also be very clear about ber of legislative provisions, as well as certain priorities we expect to see ad- additional funding for a variety of pro- The Administration has also ex- dressed by the departments and agen- grams. pressed its opposition to funding levels cies that will continue to operate The House and Senate remain willing for energy conservation programs. under this resolution. First, employees to consider additional funding for some While these programs have, indeed, who are at work are expected to fulfill Interior programs should such funding been reduced significantly, 29 percent, their administrative and other regular become available as part of a broader from the fiscal year 1995 level, this re- program duties within the funding balanced budget agreement. But in the duction comes only after a 105-percent level provided. Under this measure all absence of such an agreement, the sub- increase since fiscal year 1990. activities are covered through March committee cannot simply print addi- The fiscal year 1996 bill that was ve- 15, not just visitor services. Those du- tional money to fund the President’s toed by the President would fund con- ties that are necessary to continue the wish list and agree to send the bill to servation programs well above fiscal revenue generating activities of the our children and grandchildren. year 1993 levels. I cannot think of any Federal Government should certainly Without a budget agreement, any in- other major program in the Interior be a priority for continuation under creases for favored programs must be bill that seen such an astronomical in- this resolution as should other statu- offset within the subcommittee’s 602(b) crease over the last 3 years. tory responsibilities assigned to the allocation. The administration is well National parks, refuges, and forests agencies. That means that normal ap- aware of this fact, but has not made a Because this Congress shares the proval of permits for such activities as single proposal to reallocate funds President’s desire to protect our nat- oil and gas operation on Federal lands within the bill to benefit the programs ural heritage and provide for the effec- and offshore should continue, as should it has identified as priorities. This is tive management of public lands, the the administration of other programs not a constructive approach. operating accounts of the land manage- that provide income to the U.S. Treas- Neither has the administration pro- ment agencies were protected. posed compromise language to resolve ury. Surely the continuation of such Though funding provided in the Inte- the legislative provisions in dispute. It activities should join those necessary rior bill is reduced by 10 percent over- simply continues to insist that such to protect human health and safety as all, the combined operating accounts of provisions be removed entirely—refus- priorities under the reduced spending the National Park Service, the Forest ing to recognize that these provisions levels of the continuing resolution we Service, the Fish and Wildlife Service, address real problems and concerns, ex- are considering. Would my distin- and the Bureau of Land Management pressing little appreciation for the guished colleague agree that this is a are reduced by just 3 percent. The oper- many compromises already made by reasonable expectation under con- ating account for the Park Service ac- Congress, and scarcely acknowledging tinuing authority for agency oper- tually receives a slight increase, and $2 that some provisions objectionable to ations? million has been added to the con- Mr. GORTON. I fully agree with the the administration have already been tinuing resolution as a downpayment Senator from New Mexico that routine dropped altogether. for the catastrophic flood damage to operations should continue under this As we have moved through the var- the C&O Canal Park. continuing resolution. ious steps of the appropriations proc- Mr. DOMENICI. I thank the Senator ess, the Interior subcommittees have National Biological Service for this understanding. I yield the consciously taken into account the ad- Partly in response to administration floor. ministration’s policy statements and concerns—and because I personally

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S435 agree that good science is vital to the Despite these compromises, the ad- gridlock and frivolous lawsuits. The effective management of our public ministration continues to insist on administration’s veto statement states lands—funding for research currently complete removal of the language, con- that the conference language would conducted by the National Biological trary to the views of a majority of present a potential return to legal grid- Service has been increased by $24 mil- Alaskans and those who represent lock. This makes for a nice sound- lion over the level originally proposed them. bite—but the exact opposite is true. by the House. Mojave National Preserve We believe that the administration’s Though the Biological Service would The Interior bill vetoed by the Presi- current policy—based upon the lack of be terminated in name, natural re- dent provides the National Park Serv- success of similar endeavors by this ad- source research critical to the missions ice [NPS] $500,000 to develop the gen- ministration—presents a tremendous of the various Interior agencies will eral management plan for the Mojave opportunity for legal gridlock. The cur- continue to be performed under the National Preserve. Management of the rent policy is a one-size-fits all ap- strong leadership of the U.S. Geologi- preserve would remain the responsi- proach, created in response to a legal cal Survey. bility of the Bureau of Land Manage- challenge by environmentalists, and LANGUAGE ISSUES ment, which has had the management will undoubtedly create opportunity Mining patents responsibility of the area for years. for further challenge by environ- The fiscal year 1996 Interior bill con- However, the Bureau of Land Man- mentalists. The House and Senate offer to the administration would preclude tinues the moratorium on new mining agement would be able to use NPS sea- the filing of frivolous lawsuits—exactly patents demanded by the President and sonal employees to assist in the man- the goal the administration professes the House of Representatives. This rep- agement of the preserve. The original to seek. resents a major concession from the House provision did not allow for any original conference provision, which Park Service participation in the pre- Rescission bill flexibility received 53 votes in the Senate and had serve, and would have provided only $1 The administration has professed a the support of a majority of conferees. to the Park Service for related activi- desire to repeal portions of language Endangered Species Act ties. The effect of the current provision relating to timber sales included in The fiscal year 1996 Interior bill in- would be minimal in terms of the man- section 2001(k) of the fiscal year 1995 cludes a moratorium on Endangered agement of the preserve, but would be rescissions bill. However, when Senator Species Act listings and critical habi- significant in allowing the Park Serv- HATFIELD and I put together a proposal tat designations pending reauthoriza- ice an opportunity to gain the trust of to grant the administration greater tion of the act itself. While the admin- the people who will be its neighbors for flexibility in implementing section istration objects to this provision, ex- the foreseeable future before taking 2001(k), it was not greeted with much actly such a moratorium was signed over on a permanent basis. enthusiasm. The provision will allow into law by the President in 1995. the administration to trade out of sen- Marbled Murrelet Sixty Senators voted to support the sitive harvest areas while at the same moratorium in the hope that a time The administration objects to a pro- time keeping the modest harvest levels out would promote enactment of a bill vision in the Interior conference agree- it promised as a part of a timber settle- to reauthorize and reform the ESA. To ment that would have prohibited it ment. this end, I and several other Members from redefining the known to be nest- Mr. President, there are countless of the House and Senate have intro- ing provision included in previously other instances in which conferees on duced legislation to reauthorize the act passed timber salvage legislation. The the Interior bill modified provisions or and make reforms we feel are long House and Senate offered to remove increased funding for programs to ad- overdue. For all its expressions of sup- this provision from the conference dress administration concerns. Yet port for the existing act, the adminis- agreement in an effort to reach an these efforts have gone virtually tration has yet to propose legislation agreement with the administration on unacknowledged. Until yesterday, dur- to reauthorize it. the overall bill. The offer by the House ing my conversation with the Presi- It should also be noted that the fiscal and Senate—which represents a signifi- dent’s Chief of Staff, there had been lit- year 1996 bill vetoed by the President cant compromise—is scarcely acknowl- tle indication that there was any seri- includes $65 million explicitly for ESA edged by the administration. ous desire to reach closure on the Inte- programs—a significant sum consid- Columbia basin ecosystem rior bill on any basis other than a com- ering that authorization for such fund- The administration’s veto statement plete agreement with the administra- ing expired in 1992. expresses several concerns about the tion’s big, intrusive Government poli- Tongass National Forest Columbia basin ecosystem provision in cies. President Clinton’s veto message the conference agreement. The state- In the absence of a settlement, agen- states that the Tongass provision in ment specified that the provision cies funded in the Interior bill continue the Interior bill would allow harmful ‘‘would impede the implementation of to lurch along from month to month, clear-cutting, require the sale of tim- our comprehensive plan for managing from continuing resolution to con- ber at unsustainable levels, and dictate public lands,’’ and exclude ‘‘informa- tinuing resolution. Employee morale is the use of an outdated forest plan. tion on fisheries and watersheds.’’ The low, and programs supported by both In response, we have proposed to result of the conference provision, ac- the administration and Congress are modify the Tongass language to pre- cording to the administration, is ‘‘a po- suffering. vent explicitly the mandating of clear- tential return to legal gridlock on tim- Mr. President, we have come more cutting or the sale of timber. In addi- ber harvesting, grazing, mining, and than halfway in compromises with the tion, the language would be modified to other economically important activi- White House on provisions it finds ob- stipulate that nothing in the Tongass ties.’’ jectionable. It is time for the adminis- provision should be construed to limit The House and Senate presented an tration to stop posturing and close the the Secretary’s use any new informa- offer to the administration that would deal. tion, or prejudice future revision, have met some of these concerns. That NINTH CONTINUING RESOLUTION amendment, or modification of the for- offer would expressly permit the ad- Mr. KERRY. Mr. President, the Con- est plan. These latest modifications ministration to include information on tinuing Appropriations Resolution be- would be applied to the most recent fisheries and watersheds in the Colum- fore us today is the ninth, let me re- Tongass language, which has already bia basin plan. Once again, however, peat, the ninth continuing resolution been modified substantially from its even this significant concession was for fiscal year l996. I cannot recall dur- original form. Modifications already not enough. ing my service in the U.S. Senate an- made include dropping sufficiency lan- There is one point, however, on other time when the funding of basic guage, dropping the reference to the which the administration and the services that people need and the con- preferred forest plan alternative, and House and Senate authors of this provi- cern for people’s daily lives have been dropping the prohibition of habitat sion fundamentally disagree—pro- treated so cavalierly by the majority. conservation areas. viding increased opportunities for legal This is a misuse of the appropriations

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S436 CONGRESSIONAL RECORD — SENATE January 26, 1996 process, and the fact that this is the helped dozens of entrepreneurs and re- of those who need them. There will be ninth continuing resolution dem- searchers in Massachusetts with good some who will be hurt, I regret to say. onstrates amply and clearly in my ideas for new technologies to bring But we will struggle along. That is to mind the inability of the party that their ideas to the commercialization be preferred to the unquantifiable and currently holds the majority in Con- stage. ATP has worked in Massachu- needless suffering that the Republican gress to govern. setts to bring forth new products as di- House majority imposed on the Nation In some areas, the amounts con- verse as hip replacement procedures up to this point. tained in this stop-gap resolution will and fire detection codes to benefit con- I am hopeful that we will be able dur- barely keep basic services operating. sumers. ing the remainder of this year to reach This is not, in my view, what the Funds are also affected for critical more suitable solutions regarding more American people want, it is certainly scientific research to help cure dis- of the services on which Americans de- not what they deserve, and it most as- eases, research conducted through Na- pend—while we also find agreement on suredly does not reflect the American tional Institutes of Health grants by a fair way to achieve a balanced budget people’s priorities. The American peo- medical institutions and teaching hos- in 7 years that provides for needed in- ple will have the opportunity in the pitals in Massachusetts—whose world- vestment in our future, human, techno- elections this fall to express their renowned research institutions have logical, and infrastructure. views on the priorities we have seen been chosen to receive grants from NIH Ultimately, I look toward November the Republicans advance. I am con- sufficient to rank the Commonwealth for the American people to pronounce fident the proponents of those mis- third among States in receipt of NIH their views and priorities, and to elect placed priorities will be shaken by the grants. a Congress that will pursue the best in- voice of the people. Mr. President, it is not with great en- terests of the country and not a narrow The last Government shutdown cost thusiasm or, indeed, any enthusiasm ideological agenda. In the meantime, Americans $1.4 billion. Its effects are that I will support this measure. The we will pass this resolution, the Presi- still being felt. Approximately 170,000 process that has brought us to this dent will sign it, and the Nation will veterans did not receive their Decem- ninth continuing resolution is a dis- ber GI bill education benefits on time, limp on for a while longer. grace. And it is also a disgrace that Mr. HATFIELD addressed the Chair. delaying action on some 87,000 initial once this bill passes, which I reluc- The PRESIDING OFFICER. The Sen- benefits claims and nearly 70,000 cer- tantly hope it will, the Senate will not ator from Oregon. tifications. More than 200,000 veterans remain here to work at hammering out Mr. HATFIELD. Mr. President, I do disability and compensation claims an agreement on the budget or to pass not know of any other amendments were added to the backlog during the the normal appropriations bills, or to that we have to be discussed or debated last shutdown. More than 5,000 small cleanly extend the debt limit to honor on this side. businesses saw their government-guar- this Nation’s full faith and credit com- The PRESIDING OFFICER. If the anteed financing delayed. Hundreds of mitment to those from whom it bor- Senator will withhold just one mo- Superfund toxic waste cleanups were ment, the Senate will be in order. suspended, and more than $2.2 billion rows money. I predict we will be back The chairman of the Appropriations in American exports were delayed be- here to repeat this shameful exercise Committee is recognized. cause their licenses could not be proc- again and again this year. The Amer- Mr. HATFIELD. Mr. President, we essed. Thousands of Americans were ican people deserve better. But we are caught in a momentous stand ready to do any further business prevented from business or other travel clash of philosophies and politics—with on this CR. If not, I would ask for a abroad because passports were not a new group of Republicans zealously issued. Thousands of Americans were third reading. committed to imposing their personal The PRESIDING OFFICER. If there prevented from enjoying or learning from their natural or historical Amer- ideological beliefs throughout Govern- is no further amendment—— Several Senators addressed the ican heritage as national parks and for- ment. Those ideologues have proven ests and federally funded museums and themselves entirely willing to bring Chair. The PRESIDING OFFICER. The Sen- art galleries were closed to them. Government to a wrenching, grinding We simply cannot afford another halt, regardless of who is hurt or how ator from Iowa. Government shutdown, so this measure badly, if they are not satisfied with the Mr. HARKIN. Mr. President, I sug- represents a compromise. The funding rapidity or extent of movement toward gest the absence of a quorum. levels it contains are far from adequate their goals. The PRESIDING OFFICER. The for many Government activities upon In the face of such a group, the best clerk will call the roll. which Americans depend or which have we have been able to hope for is a com- The assistant legislative clerk pro- a daily impact on their lives. I speak promise—with which neither side is ceeded to call the roll. specifically about those items sup- satisfied. President Clinton spoke elo- Mr. HATFIELD. Mr. President, I ask ported through the Labor/Health and quently during his State of the Union unanimous consent that the order for Human Services/Education budget— Address Tuesday night about the ne- the quorum call be rescinded. education grants for students, assist- cessity under the circumstances to ne- The PRESIDING OFFICER (Mr. ance for disadvantged students, worker gotiate and enact such compromises in SANTORUM). Without objection, it is so training and retraining, summer youth order to keep the business of our Na- ordered. jobs, Americorps and Head Start, and tion moving forward and minimize in- Mr. HATFIELD. Mr. President, I through the VA-HUD-Independent jury of innocent Americans who must know there is a lot of anguish on the Agencies budget, like health care for depend on the services that only Gov- part of our colleagues who would like veterans and environmental cleanup ernment can provide. Up until yester- to exercise the constitutional right of activities. day, the Republican majority in the the Senate to amend a bill on revenue I also am deeply disturbed by the House has been entirely unwilling to related matters that comes to us from funding caps imposed by this legisla- countenance any significant com- the House, even though the Constitu- tion at 75 percent of last year’s expend- promise. tion says it must be originated from itures on such critical law enforcement While I am extremely disappointed the House of Representatives. But as I activities as the cops on the beat pro- about the contents of this legislation, said in the opening statement today, gram—or COPS—and drug courts. and believe the American people will we are literally here today with a gun Which 25 percent of our communities be the ones who are hurt by its con- to our head in the parliamentary situa- will not see a cop walk down their tents—or, more accurately, its omis- tion in which the House provided us streets because of these caps? Which 25 sions—I am relieved that the House Re- with this product as of today and have percent of the drug offenders will not publicans have finally exhibited a will- declared that they are not in session be prosecuted in the drug courts be- ingness to engage in legislative com- today for legislative business. There- cause of these caps? promise. At least the Government will fore, any changes in this particular These caps also will hurt the Ad- keep running so that it will continue product is going to require return to vanced Technology Program that has to provide most of its services to most the House.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S437 If they are not in session today for they are not in today for legislative That is over $500 for each and every legislative business, we are facing a business which has freed up their mem- Medicare beneficiary. midnight curfew of whether the Gov- bership. We face the problem of shut- As I said, the inspector general’s ac- ernment shuts down. So consequently, ting down the Government. So that is tivities are our main line of defense as much as I detest and decry this the problem we have. against Medicare fraud. Even at last process we find ourselves in—I would Mr. HARKIN addressed the Chair. year’s funding level, they do not have like very much to offer some amend- The PRESIDING OFFICER. The Sen- enough to do the job. Now they are ments to this myself because family ator from Iowa. being cut even further. At a time when planning is not satisfactory to me—as Mr. HARKIN. Mr. President, I have there is a discussion of major cuts to Senator BYRD, as the comanager of this listened closely to the words of the Medicare, doubling the Medicare pre- bill, indicated in his opening state- chairman of my committee, and my miums that seniors have to pay, we ment, he affirmed my analysis of where friend, someone I admire very much. I should not be cutting our effort to stop we were in this particular bind and also realize he is in an untenable kind of po- the fraud, waste and abuse. urged his colleagues not to offer any sition. But it is this Senator’s under- I think it makes common sense to amendments, because any change on standing that the House is in session stop the waste first. It is clearly docu- this continuing resolution we have— subject to the call of the Chair. mented that for every dollar we invest any change—is required to go back to The chairman of our committee, the in the inspector general’s activities, we the House of Representatives. Senator from Oregon, has stated that save the taxpayers $15. That is not They made it very clear that they they would be in subject to the call of something in the future. That is actual may be subject to the call of the Chair, the Chair, but not for the purpose of money that they are recouping for us but not for legislative business. So working on this continuing resolution. on a daily basis. Yet this bill before us there we are. It seems that we have been put in a po- cuts that program. I want to just say to my colleagues, sition that no matter how bad the CR Mr. President, I was very concerned Senator BYRD and I have not contrived might be, we have to take it or else. about the possible impact that Govern- this situation. We have had absolutely If we have an amendment—and I do ment shutdowns and these cuts have nothing to do with it, except in the have an amendment that no one can had and is having on our national fight sense that we had given to them many argue does not save us money. It saves against Medicare fraud, waste and of our own thoughts and hoped they money by getting the Office of Inspec- abuse. So last week I wrote to the in- would incorporate them. They incor- tor General funded so they can go after spector general, Inspector General porated some. Congressman LIVING- waste, fraud and abuse. I have a letter June Gibbs Brown, to ask her what the STON, chairman of the House Appro- from her dated 2 days ago where we are impact was. I received her letter the priations Committee, signed off on a literally losing millions of dollars day before yesterday. The findings are Florida tomato problem. I signed off on every day because the Office of Inspec- shocking and deserve our immediate a Florida tomato problem. We have an- tor General has not been funded fully. action. other committee that is involved in I think this is not anyone’s purpose. I In her letter she said: this and has objected. Therefore, it was think this is probably just an oversight Dear Senator HARKIN: Thank you for your not included. of the House that they did this. recent letter expressing concern about the We have been trying to craft this by I cannot imagine that, if we were to extent to which the critical anti-fraud and telephoning across the great rotunda of adopt that amendment, send it back to abuse activities of the Office of Inspector the Capitol Building. And that is not a the House, they could not approve that General . . . are suffering from the govern- satisfactory way to do business either. in 30 seconds. It does not add to the ment shutdowns and under the current stop- debt or anything like that. In fact, it is gap spending bill. Specifically, you asked the So here we are, not just with the following questions: House alone, but with the jurisdictions, going to save a lot of money for our that are very legitimate jurisdictions, taxpayers by going after waste, fraud And this is what I asked of the in- that have a part in these actions that and abuse in the Medicare Program. spector general. are taken by the Appropriations Com- So I, as much as I sympathize with [First] [w]ere major enforcement initia- the chairman of the committee, must tives, investigations and audits suspended? mittee. [Second] [a]re fewer initiatives, investiga- We had a problem on timber salvage. really object to having a gun held at tions, and audits being initiated? We cannot get the White House to sign our heads to the point where we cannot What is the potential impact on Inspector off on that one because we are trying even add an amendment that will save General activities of being forced to operate to help the White House have more hundreds of millions of dollars for our under another short-term funding measure flexibility in that action taken. taxpayers by going after the scam art- similar to the one currently in effect? So there are a lot of players here in- ists and others who are ripping off the Three questions. Here are her an- volved between the House, the Senate, Medicare system. I just find this star- swers: both sides of the aisle, authorizing tling that we cannot do that, if I un- Presentations of cases to United States at- committees, the White House. We are derstand this correctly. torneys for prosecution dropped from 92 in in a very complex situation made more So, Mr. President, I will be sending the first quarter of Fiscal Year (FY) 1995 to so by the gun to the head that we have an amendment to the desk. It is very 51 in the first quarter of this FY 1996— in dealing with this issue. straightforward. It simply assures that Almost a half. So I urge my colleagues to refrain our efforts to stop fraud, waste and Criminal convictions dropped from 84 from offering amendments because, as abuse in Medicare will not be cut. The for the first quarter of last year to 36 much as I may agree and sympathize, funds are our main line of defense for the same period this year. understand the need, I am in a situa- against Medicare fraud by the Office of Investigative receivables—this is tion as a comanager of this bill. Sen- the Inspector General of Health and money that they actually brought ator BYRD urged as well, please do not Human Services through the end of the back, money that they recouped for offer amendments because we will have fiscal year at last year’s level. our taxpayers—fell from approximately to fight every amendment, not on the I am told that it would add about $5.2 $77.7 million for the first quarter of merits of the case, but on the par- million to this effort. That is, in the last year to about $30.8 million for the liamentary situation we are in. scheme of things, not a lot of money. same period this year. I do not think anyone here wants to But what does that get us? The GAO Recoveries are down more than 50 raise the issue or the possibility of has reported that as much as 10 percent percent; 60 percent of ongoing and shutting the Government down again. of Medicare funds are lost each year to plant audits will be stopped or reduced Nobody wins. Everybody loses on that fraud, waste and abuse. if these cuts remain in place. one, I think we have all come to under- How much money is that? Well, this Last year, Mr. President, these au- stand. year the Medicare funds are going to dits saved over $5.5 billion. So the But if the Senate, constitutional as send out about $180 billion. So 10 per- losses to Medicare and taxpayers from it is—the House has to take any action cent of that is $18 billion, this year the reduction in audits could be in the on any change we make on this. And alone, lost to fraud, waste and abuse. billions.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S438 CONGRESSIONAL RECORD — SENATE January 26, 1996 There is one other point in her letter. and to the General Accounting Office effort Currently, the OIG administrative sanc- The Inspector General said that consid- to report on governmentwide financial state- tions staff has under development 292 cases ering the program savings generated in ments. If travel funds are not obtained, all including false claims, Qui Tams, and civil past years as a result of their reports, such audit work will be suspended with re- monetary penalties, all of which will be put sultant impact on HHS-wide and govern- on hold during another furlough. Activity on as much as $1 billion could be lost from mentwide statements. Audit activity must them would be greatly reduced if we are op- the drop in program inspections alone be performed at multiple State agencies and erating under a continuing resolution with this year. Medicare contractor locations, all requiring an inadequate level of funding. Mr. President, I ask unanimous con- substantial travel funds. In addition, funding Since the furlough, we have not been able sent to have printed in the RECORD the must be sought for expert medical assistance to respond to more than 2,217 inquiries from full text of the letter from the inspec- to review medical claims. licensing boards and private sector pro- viders, who are required by law to inquire tor general dated January 24. Administrative Sanctions—Fines, penalties, and exclusions: about the exclusion status of a practitioner There being no objection, the letter before hiring, concerning the current status was ordered to be printed in the The shutdowns prevented us from exclud- of a health care practitioner. RECORD, as follows: ing individuals and entities from participa- The minimum funding that would allow tion in Medicare and Medicaid. Providers the OIG to meet its basic obligations and DEPARTMENT OF HEALTH were allowed to continue to bill the Medi- AND HUMAN SERVICES, maintain its infrastructure is the amount care and Medicaid programs even though shown in the Senate markup of the HHS ap- January 24, 1996, Washington, DC. they should have been excluded due to con- Hon. TOM HARKIN, propriations bill ($75,941,000). We have en- victions or because they are abusive to pa- closed at Tab A a copy of the Committee rec- Ranking Minority Member, Subcommittee on tients. Labor, HHS, and Education, Senate Com- ommendation. By comparison, there were 493 health care We sincerely appreciate the effort you mittee on Appropriations, Washington, DC. exclusions implemented for the first quarter have made toward achieving a level of fund- DEAR SENATOR HARKIN: Thank you for your of 1995 versus 210 exclusions for the same pe- ing for the OIG that would allow us to sus- recent letter expressing concern about the riod this year. Approximately 400 exclusion tain basic services. We also appreciate your extent to which the critical anti-fraud and cases are presently awaiting implementa- consistent support year after year toward abuse activities of the Office of Inspector tion. curtailing waste, fraud, and abuse in Medi- General (OIG) in the Department of Health IMPACT ON NEW OIG INITIATIVES care, Medicaid and other HHS programs. The and Human Services (HHS) are suffering attention you give to our findings and rec- from the government shutdowns and under During the first quarter of last year, the ommendations and your enthusiastic encour- the current stop-gap spending bill. Specifi- OIG investigations component opened about 560 cases and closed about 605 cases. For the agement assist us greatly in strengthening cally, you asked the following questions: the integrity of these important programs. Were major enforcement initiatives, inves- same period this year, under the continuing Sincerely, tigations, and audits suspended? Are fewer resolution, we opened only 425 and closed JUNE GIBBS BROWN, initiatives, investigations, and audits being about 390. During the furlough period this Inspector General. initiated? What is the potential impact on year, we opened and closed only 2 criminal Inspector General activities of being forced cases. Mr. HARKIN. Mr. President, so much to operate under another short-term funding Starts on 100 audit assignments were de- of the problem is that they are funded measure similar to the one currently in ef- layed or postponed indefinitely because of but they do not have funds for travel. fect? the furlough. An example of this is the na- Most of their investigative and audit tional review of prospective payment system SUSPENSION AND CURTAILMENT OF PENDING OIG (PPS) transfers. The United States Attorney work requires travel. So what we really WORK in Pennsylvania proposed a joint review of have is hundreds of audit professionals, [Note: Social Security related activities PPS transfers based on prior audit work that auditors sitting at their desks unable have been removed from FY 1995 figures be- identified over $150 million of overpayments to do their jobs. Every day that they cause the Social Security Administration be- to hospitals. If we are able to follow the De- are underfunded, our taxpayers lose came an independent agency on March 31, partment of Justice proposal, we anticipate money. 1995 with its own Inspector General. The FY recoveries of over $300 million under the pro- What kind of actions are not hap- 1996 figures include some activities funded by visions of the Federal False Claims Act. The pening? Convictions, recoveries in fines Operation Restore Trust—a limited Medicare project has been suspended due to the fur- relating to a wide range of abuses. In demonstration project funded through the lough and lack of adequate travel funds. Health Care Financing Administration.] fact, the inspector general even said in POTENTIAL EFFECT OF CONTINUED her letter that they are unable to cut Investigations and Audit Activity—Comparison UNDERFUNDING off people who are receiving money of the first fiscal quarters of 1995 and 1996: Lack of funds for travel and other expenses of Presentations of cases to United States At- field work: from Medicare even though they have been convicted. torneys for prosecution dropped from 92 in For investigations, audits, and inspections the first quarter of Fiscal Year (FY) 1995 to not funded under Operation Restore Trust, Here it is, she says: 51 in the first quarter of FY 1996 while indict- travel has been reduced to about one-third of The shutdowns prevented us from exclud- ments fell from 50 to 34. the prior year’s expenditure for the same pe- ing individuals and entities from participa- Criminal convictions dropped from 84 for riod. If the underfunding of OIG activities tion in Medicare and Medicaid. Providers are the first quarter of last year to 36 for the continues, most travel will be suspended and allowed to continue to bill even though they same period this year with civil judgments employees furloughed. Approximately 60 per- should be excluded due to convictions or going from 27 to 19. cent of ongoing or planned audits will be cur- they are abusive to patients, again, costing Investigative receivables fell from approxi- tailed or severely reduced in scope because of us millions of dollars each and every day. mately $77.7 million for the first quarter last travel requirements with the resultant loss So I do not think there should be any year to about $30.8 million for the same pe- in program savings. The FY 1995 audit-re- disagreement on either side of the aisle riod this year. lated savings totaled $5.5 billion. with this amendment that simply en- The OIG issued 33 percent fewer reports (54 Last year the OIG issued 68 program eval- sures the inspector general efforts to reports compared to 82 reports), processed 30 uation reports. Under the continuing resolu- percent fewer nonfederal audits (861 com- tion scenario, the number of completed in- combat Medicare fraud are not cut pared to 1,223), identified 40 percent fewer spections may drop to approximately half from last year’s level. Again, we seem dollars for recovery to the Federal Govern- that number. Considering the program sav- to have our priorities out of whack. ment ($14.2 million compared to $23.8 mil- ings generated in past years as a result of The previous continuing resolution lion), and is collecting 30 percent fewer dol- such reports, as much as $1 billion could be provided full-year funding to a number lars approved for recovery ($83.2 million lost from the drop in program inspections of programs, including, for example, compared to $120.1 million). alone. Program inspections identify sources the Kennedy Center for the Performing HHS Financial Statement Audits of fraud and abuse and recommend program Arts. I have no problem with that. I The Government Management Reform Act adjustments to prevent future occurrences. support that. However, this bill does requires that agencies have financial state- Effect on sanctions activity: not even provide last year’s funding for ment audits beginning FY 1996. The HHS- The OIG expects a decline in potential set- the Office of Inspector General to go wide financial statement audit requires au- tlements and exclusions as a result of fewer after fraud, waste, and abuse. I think dits of eight operating agencies accountable investigative and audit initiatives. In addi- for about $280 billion. The financial state- tion, since many of the false claim cases that just defies common sense. ments of the Health Care Financing Admin- originating from the Department of Justice I want to also, just for the RECORD, istration alone comprise expenditures in ex- are generated through OIG investigations read a couple of examples from the cess of $230 billion that are material to the and audits, we expect a decline in that case- semiannual report of the Office of In- overall departmental financial statements load as well. spector General about the kind of cases

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S439 they have gone after and what they Mr. HARKIN. Mr. President, I ask back on money that is going to make have earned for the taxpayers. unanimous consent that the reading of more efficiencies in Government. Here is a Michigan carrier that the amendment be dispensed with. Another one along the same lines is agreed to pay $27.6 million to settle a The PRESIDING OFFICER. Without the IRS. There is something over $115 suit initiated by a former employee. objection, it is so ordered. billion, $118 billion owed to the Govern- The carrier was responsible for audit- The amendment is as follows: ment that we do not collect. Most of ing, participating in hospitals’ cost re- At the appropriate place in the bill insert that is in bankruptcies, individual and ports to ensure accuracy. An investiga- the following: ‘‘Notwithstanding any provi- corporate bankruptcies. But we say tion by the OIG showed that the carrier sion of this Act, all projects and activities there is $28 billion, I believe it is, that performed inadequate cursory audits in funded under the account heading ‘‘Office of they estimate is collectible. Yet, we which it disregarded hundreds of dol- the Inspector General’’ under the Office of are cutting the money for the tax sys- the Secretary in the Department of Health lars in overpayments. tem modernization system. We are cut- and Human Services at a rate for operations ting the personnel requirement or pro- The carrier later gave HCFA, the not to exceed an annual rate for new visions at IRS, when we have $28 bil- Health Care Financing Administration, obligational authority of $58,493,000 for gen- lion out there that we should be going fraudulent work papers in an attempt eral funds together with not to exceed an an- after. It is collectible from people who to show that complete and accurate au- nual rate for new obligational authority of are deadbeats, and it means that you dits had been performed. The precise $20,670,000 to be transferred and expended as authorized by section 201(g)(1) of the Social and I and every other American that is amount of loss to the Government honest about their taxes has to pay could not be determined because it Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical more taxes. Yet, in the interest of would have required auditing more Insurance Trust Fund.’’ economy over in the House, they are than 200 hospitals. As part of the set- Mr. GLENN addressed the Chair. cutting those fundings back. I just tlement, the carrier agreed to pay the Mr. HARKIN. Mr. President, I yield think it is ridiculous. entire amount that HCFA had paid to the floor. Now the argument is that we are up perform audits over the last 4 years, The PRESIDING OFFICER. We are against a Government shutdown. I approximately $13 million. Mr. Presi- not in controlled time. agree that we sure are. I add that we dent, $13 million, one case, recouped for The Senator from Ohio. are up against it for the third time, the taxpayers of this country. And yet Mr. GLENN. Mr. President, I rise in and every single time what they have for $5 million, we cannot even provide strong support of the Senator from done over in the House is put part of for that kind of investigation. Iowa. I have been involved with the in- their legislative agenda on the CR, A Texas ophthalmologist signed an spector general issue for a long time. send it over to us on a short-term basis agreement to pay the Government The Governmental Affairs Committee, and say, ‘‘Take it or leave it,’’ and $849,000 to resolve allegations of sub- back about 1980, put in legislation to ‘‘You have to get it passed on our basis, mitting false claims for reimbursement establish inspectors general across you cannot change it. And if you do, for physician and related medical serv- Government. There were some that the Government shuts down.’’ ices to the Medicare Program. Many of were voluntarily in place at that time. I am tired of legislative blackmail. the fraudulent claims submitted to We put it into 10 more agencies of Gov- That is exactly what this is. I plan to Medicare were for services not actually ernment on sort of an experimental vote against this whole thing this provided; were for services not provided basis. They ran for 10 years, and in time, just in protest. I think it is ridic- as claimed or were billed at an inflated 1990, I put in legislation that expanded ulous. We are cutting back at least one-fourth for funding for VA and HUD, rate. This was a global settlement the IG’s. national service, EPA, and education. which also involved a criminal plea We have them now in 61 different We are changing right-to-life matters based on kickback allegations as well agencies or departments of Govern- in this. I just think we are legislating as submission of false claims. ment. They have done a superb job. on a CR that should be passed as a Mr. President, this book is full of They save in the billions and billions of clean CR to keep the Government run- these examples of what the Office of In- dollars, and I do not know how many ning for a certain period while we then spector General has done for our tax- dollars they return for every dollar take up these individual matters, see payers just in one-half of last year. spent, but they have done a great job. what the proper level of funding should These are the kinds of audits and in- To cut back on funding in those areas be, and make a rational decision on vestigations and criminal prosecutions may be penny wise, but it is tens of how we go ahead with funding all these that they will not be able to conduct dollars short. given the reduced funding level that things that are very important. It is sort of indicative of the problem We brought up the farm bill. What do they have. we have right now. We passed a Chief So my amendment is very simple. It the farmers in Iowa think about this? Financial Officer Act a little bit along Do they know what their loans are will simply provide for the same level the same line. We require audits in all of funding for the Office of Inspector going to be and deficiency, guaranteed departments and agencies in Govern- next year? Do they know how much to General. That is all, just the Office of ment, and GAO is to supervise that, Inspector General from now through borrow at the bank? No, they do not, monitor them, and try and get decent because we have not done our job here. the end of this year. It will save the accounting systems in Government. We taxpayers literally—well, do not take Yet, we try and take some of these are cutting those when we should be things up and sock them on to a CR be- my word for it. The inspector general expanding the money for that kind of cause now we are up against it. We are said this could save up to $1 billion. So operation. going to say the Government shuts anywhere from probably $100 or $200 We talk every day here about a bal- down tonight unless we pass this on the million to $1 billion just this year anced budget, yet to do the things that basis that the House sent it to us, alone could be saved. will get efficiency in Government, like which has half of their legislative AMENDMENT NO. 3122 IG’s and CFO’s, we cut the money for agenda on it that we do not agree with. (Purpose: To provide for additional funding them. There was an article in the paper They deliberately waited until a day to the Office of the Inspector General of this morning about how the GAO is not before the deadline to send it over to the Department of Health and Human going to have enough money now to do us, and we can take it or leave it. Services) the supervising of the Chief Financial Well, I do not plan to vote to take it. Mr. HARKIN. Mr. President, I send Officer Act that just comes into full I just think we have been jerked my amendment to the desk. compliance requirements this year. around too many times here. And to The PRESIDING OFFICER. The They have been building up to this say once again that, well, this is the clerk will report. since 1990, and now we are going to not last time and next time we are going to The assistant legislative clerk read even provide them the money for this. be tough, this is the third time we have as follows: I cannot imagine what people are done this. How many times do we have The Senator from Iowa [Mr. HARKIN] pro- thinking about to put this kind of re- to get hit in the head before we do poses an amendment numbered 3122. quirement in over in the House to cut something about it?

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S440 CONGRESSIONAL RECORD — SENATE January 26, 1996 I think the Senator from Iowa makes that is because I am not from New of order that I am going to have to a good point. I hope he keeps his York. make because it exceeds our allocation amendment in, and I hope we have to I yield the floor. under the budget resolution. vote on it. If there are other amend- Mr. HATFIELD. Mr. President, the That is not a comfortable position to ments to try and correct this, so be it. Senator from Ohio and the Senator be in. I could not agree with the focus I think for us to be made the heavies from Iowa raise the issue of logic. Un- and the goal being sought by the Sen- here and say we cannot possibly vote fortunately, neither this body or the ator from Iowa any more than he has against this or have amendments with- other body has always functioned that commitment. I have the same out being irresponsible, that we are under the great label of logic. We are in commitment. going to stop the Government, it is the a ridiculous situation. Obviously, we Mr. HARKIN. Will the Senator yield? House that sent this over and put us in are, and we are having to deal with it Mr. HATFIELD. I have a parliamen- this short timeframe. I disagree with in a very—we will attempt to do it in tary question. There is an opportunity that way of doing business. I do not an orderly fashion. I would like to for the Senator from Iowa to have fur- think we should accept these things. If point out that this is the seventh CR ther discussion if I offer a point of there are changes we want to make, we since October 1—six were signed into order. If the Chair sustained a point of ought to make them. law—and the Office of Inspector Gen- order and the Senator from Iowa ap- Mr. HARKIN. Mr. President, I thank eral has been operating at the House peals to waive the Budget Act, then he the Senator from Ohio for his com- level since October 1. They have not at that point has additional debate or ments. He has long been a champion of been required to furlough any employ- discussion? I do not want to cut him inspectors general. I ask the Senator ees. This is the first time this issue has off. again, with his long experience in the been raised in six of those CR’s. Con- The PRESIDING OFFICER. If the area of inspectors general and what sequently, they have survived, you point of order is made by the Senator they do, is it not true that this is real might say, or have functioned at a re- before the Chair rules, the Senator money we are talking about? In other duced level, or whatever. But the point may waive. Mr. HATFIELD. And at that point he words, we always pass bills and they is they are functioning. I also want to add that the Senate may have further discussion? say this is going to save us so much The PRESIDING OFFICER. On the money in the future. We are all akin to has not been able to act on the Labor- HHS appropriation bill due to the ob- motion to waive. doing that. But this is money right Mr. HATFIELD. The current level of now, and every single day the inspector jections raised primarily by the Demo- cratic side of the aisle, and on a couple budget authority exceeds that of the general’s office is out there getting budget resolution for fiscal year 1996. fines, payments. I just read examples of occasions by the Republican side of the aisle. Those usually circulated The pending amendment by the Sen- from last year. This is real money that ator from Iowa provides additional new people have to pay back to the Govern- around rider issues rather than the substance of these issues, such as the budget authority and will result in ad- ment. Is that not true? ditional outlays in that year, and its Mr. GLENN. It is absolutely true. If inspector general’s office. We are, therefore, in a further deficient role as adoption will cause the aggregate lev- the Senator will yield further, there is els of budget authority and outlays to not a single Senator in the U.S. Senate with the House because the House did pass a Labor-HHS, and we have not yet be further exceeded. that would come out and say they I therefore raise a point of order passed such appropriation bill here in favor fat, fraud, waste, and abuse in under section 311 of the Budget Act Government. Who is cutting out the the Senate. This is not a permanent situation be- against this amendment. fraud and abuse in Government? Who is Mr. HARKIN. Mr. President, pursu- cause of the fact that it goes until on the front line out there in every de- ant to section 904 of the Congressional March 15. I am very hopeful that we partment looking into fraud and abuse, Budget Act of 1974, I move to waive the can find $5 billion more. Let me say, stopping it, getting money back, refer- applicable sections of that Act for the very frankly, that I have said in my ring cases to the Justice Department purposes of the pending amendment leadership meeting, and in other areas by the hundreds—hundreds and hun- and the underlying bill. dreds of them, that we did not used to of this process of trying to resolve The PRESIDING OFFICER. The mo- have? It is the inspectors general. these appropriations bills, that even if tion is made. I just cannot say how shortsighted I we got rid of the riders that have be- Mr. HARKIN. Mr. President, I ask for think it is that they have cut these come a strong problem for the Labor- the yeas and nays. funds to begin with and cut the funds HHS bill, different issues and riders The PRESIDING OFFICER. Is there a for the chief financial officers, for IRS that reflect a problem for both sides of sufficient second? There is a sufficient compliance. It just is the most foolish the aisle, we still do not have enough second. activity in Government that I possibly money to satisfy the administration’s The yeas and nays were ordered. can think of. I certainly urge my col- requests in order to get them to sign Mr. HARKIN. I thank the chairman leagues on both sides of the aisle to the bill. I have said whatever budget for his kindness. He did raise one ques- back the amendment of the Senator comprehensive agreement can be tion about this—it is the first time it from Iowa. reached has to have $5 billion to get has been raised in six tries; that is so. Mr. HARKIN. I thank the Senator. the Labor-HHS; HUD and Independent I have been on this issue for several Again, it seems to me—I know the Sen- Agencies; State, Justice, and Com- years, formally as chairman of the ap- ator said something about having them merce, signed by the President. I think propriations subcommittee and as hold a gun at our head. The House is in from time-to-time we have to remind ranking member now with the Senator session. They are in session subject to ourselves that the President has a role from Pennsylvania, Senator SPECTER, the call of the Chair. If they can hold in the legislative process. We cannot as chairman, who has been very sup- a gun at our heads, why can we not just think of the President as someone portive in all of our efforts to go after adopt this, which saves the taxpayers’ downtown that does not have a legiti- waste, fraud and abuse. money, and send it back to them? We mate constitutional role in the legisla- I must say I had no idea that the re- will see what they do. We have until tive process. I can say to you, in deal- duced level of funding for the Office of midnight. I bet they can pass this in 5 ing with the administration, that we Inspector General would have the kind minutes. I cannot imagine there would have that $5 billion more in nondefense of impact it has had. I must also be be any opposition to this whatsoever. discretionary funding. I believe we can frank. I thought before Christmas we So why do we have to not save the resolve these problems and have no would have settled this. It was not. I taxpayers’ money because they have a more CR’s. I am not going to argue thought it would be settled soon after. gun at our head? Why do we not adopt what kind of a vehicle we get that $5 It was not. It is going from month to this amendment and send it back and billion on. But that is the real guts of month to month, and you have to stop let the gun be at their head. I bet they the problem. Anytime that you add and say, What is happening? That is will pass it in a New York minute— something back into a bill at this what precipitated my letter to the in- whatever that is; I do not know what point, or a CR, it is subject to a point spector general a couple weeks ago. I

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S441 wanted to know if they had any data to and there would have to be 60 votes to MACK of Florida, would make it easier see what was happening. pass it. Maybe there is, maybe there is for seasonal industries, such as winter They did. They have the data from not. That is not my object. My object vegetable growers, to seek relief under October, November and December of is to try to save the taxpayers some section 202 of the Trade Act of 1974. this fiscal year, the first quarter, com- money, to make sure that the Office of Sections 201–204 of the Trade Act of pared to last year. It is really shocking Inspector General is funded, not at any 1974 authorizes the President, after an what is happening because they do not increased level, just at last year’s investigation and determination by the have adequate funding to recoup level. International Trade Commission, to money for taxpayers. There is a bleeding going on every withdraw or modify concessions or im- I am going on what the inspector day, I tell my colleagues. There is a pose duties for a limited period of time general said in her letter. I just indi- bleeding going on every day in Medi- on imports of like or directly competi- cate to the Senator from Oregon, that care. Millions of dollars are lost every tive articles. was the only reason I had not raised it day. It is the inspector general that is Section 202(c)(6) defines ‘‘domestic before, because I had no idea it was as out there on the front lines stopping it industry’’ as the producers as a whole bad as it is. That is why I sent the let- and recouping real dollars for our tax- of the article or those producers whose ter. Now is the time to get the money payers. We can close our eyes if we collective production of the article constitutes a major portion of the total in to stop this bleeding of the Medicare want. We can say it does not amount to domestic industry, including flexibility money. a heck of a lot of money. As I pointed to define the industry as a limited geo- Lastly, I inquire of the Chair, the out, the inspector general said up to Senator from Oregon has stated that graphic area. maybe $1 billion will be lost if they are During early 1995, the domestic win- this is in violation of the Budget Act not at least funded at last year’s level. ter tomato industry sought relief for and it goes over the allocation. It is We are talking about $5 million to keep injury resulting from surges of imports this Senator’s understanding that the the Office of Inspector General going. of Mexican tomatoes. The Inter- whole CR, the whole continuing resolu- I say again, Mr. President, I am not national Trade Commission, viewing tion, is in violation of the Budget Act. here to disrupt, but I am here trying the domestic industry as nationwide I have a parliamentary inquiry: Is the my level best, as I have for a long time, and year-round, denied relief. underlying continuing resolution in to cut at the waste, fraud, and abuse in In its opinion, the ITC recognized violation of the Budget Act? Medicare. The main agent we have to that perishable agricultural products The PRESIDING OFFICER. The do that is the inspector general’s of- have limited marketability. Page I–12 Chair will need some time to make fice. I do not cast any aspersions on of the opinion states: that determination and will give an an- what the House did. I do not accuse The perishable nature of fresh-market to- swer to the Senator in due course. them of anything other than perhaps matoes precludes the interchangeability of Mr. HARKIN. Might the Senator in- oversight. I cannot believe they would tomatoes harvested and marketed at dif- quire as to how long? I do not want to not accept this. I think it was simply ferent times of the year. Given that a fresh- tie this up. an oversight. market mature-green or vine-ripe tomato In conversations with the Parliamen- Because of that, I believe if the Sen- harvested in any month would not be suit- tarian of the Senate earlier this after- ate were to adopt this, send it back to able for consumption after about three noon, I asked the Parliamentarian that weeks, arguably a tomato harvested in one the House—as I said, they are in ses- month could not be substituted for a tomato question: If, in fact, the CR was subject sion subject to the call of the Chair—I harvested a month later. to a point of order and if it violated the bet there would not be a House Member Nonetheless, the ITC determined Budget Act. I was told it was, unless I object to it. How could they possibly that, under the statutory definition, misunderstood the Parliamentarian. object to something like this? And the appropriate domestic industry in- The PRESIDING OFFICER. The then send it to the President and save cluded all growers and packers of fresh Chair is prepared to rule on the bill. In our taxpayers some of their money. tomatoes during the entire calendar its current form, it is in violation of I yield the floor. year. the Budget Act. Mr. STEVENS. Mr. President, I sug- This legislation is intended to facili- Mr. HARKIN. I wonder how many gest the absence of a quorum. tate a different result by the ITC in Senators know that the underlying The PRESIDING OFFICER. The cases with facts similar to those pre- continuing resolution is, itself, in vio- clerk will call the roll. sented in the case filed by the winter lation of the Budget Act. I do not in- The assistant legislative clerk pro- tomato growers. If this legislation is tend to raise a point of order. I could, ceeded to call the roll. enacted, industries such as the winter within my legitimate rights, raise a Mr. GRAHAM. Mr. President, I ask tomato industry would be deemed to be point of order against the entire con- unanimous consent that the order for a separate industry under the modified tinuing resolution. I do not want to do the quorum call be rescinded. definition of a domestic industry. that. The PRESIDING OFFICER. Without Currently, seasonal growers may be I also do not want to be told that this objection, it is so ordered. considered to be part of an industry amendment that I am offering, which f that grows, ships, and sells during an by any accounting will save the tax- AMENDING THE TRADE ACT OF entirely different time during the year. payers hundreds of millions of dollars, For example, fresh tomato growers in 1974 TO CLARIFY THE DEFINI- cannot be accepted because it is in vio- California grow, harvest, and sell dur- TIONS OF DOMESTIC INDUSTRY lation of the Budget Act, when the en- ing the late spring, summer, and fall, AND LIKE ARTICLES IN CERTAIN tire continuing resolution is in viola- while those in Florida do the same INVESTIGATIONS INVOLVING tion of the Budget Act. thing in the late fall, winter, and early PERISHABLE AGRICULTURAL I do not see my distinguished chair- spring. Quite literally, while one group PRODUCTS man on the floor. Again, with all due is in business, the other is not. While respect, I do not know how one can Mr. GRAHAM. Mr. President, earlier the product may be the same, it is a argue that my amendment should not this afternoon on behalf of my col- fact that the market, the competition, be adopted because it violates—and a league Senator MACK and myself, the and the trade involved are totally sepa- point of order raised against it, when it Senate was asked to consider, by unan- rate. truly saves the taxpayers a lot of imous consent, S. 1463. It is my under- S. 1463 would modify the definition of money, but then go right ahead and standing that unanimous consent has domestic industry in section 202 cases vote for the continuing resolution now been granted. involving perishable agricultural prod- which also is in violation of the Budget Mr. President, I rise to urge the im- ucts. In those cases, the ITC would be Act. I want the RECORD to show that. mediate adoption of S. 1463, a bill that authorized to define the industry to in- Again, I am not here to throw a bomb advances fairness for American farmers clude only domestic producers who or a handgrenade or to blow this thing in crisis. produce the product during a par- up. If I was, I could raise a point of The bill, which I introduced last De- ticular growing season if two things order against the continuing resolution cember on behalf of myself and Senator are proven.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S442 CONGRESSIONAL RECORD — SENATE January 26, 1996 First, the domestic producers must proceed to its immediate consider- BALANCED BUDGET sell all or almost all of the production ation, that the bill be read three times, DOWNPAYMENT ACT, I during that growing season. Under this passed, and the motion to reconsider be The Senate continued with the con- requirement, however, sales of a per- laid upon the table; further, that any sideration of the bill. ishable agricultural product during the statements relating thereto be placed Mr. LAUTENBERG. Mr. President, I weeks immediately following the end in the RECORD at the appropriate place ask the Chair if there is an opportunity of the growing season would not dis- as if read; provided further that the to make a statement without inter- qualify a seasonal industry. above occur without intervening action rupting the discussion on the amend- Second, during the growing season, or debate. ment of the Senator from Iowa? other domestic producers of the article The PRESIDING OFFICER. Without Mr. President, clearly, since there is who produce in a different growing sea- objection, it is so ordered. a moment of time, I just wanted to son must not supply, to any substan- The bill was ordered to be engrossed make a point about an amendment tial degree, demand for the article. for a third reading, was read the third that I was going to offer. I have decided Again, this would not preclude the time, and passed as follows: not to do so, not because I do not think other industry from selling any S. 1463 it is warranted and justified and ought produce during the growing season. to be presented, but it is very obvious Instead, the purpose of these two lim- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in to me, after having seen the vote that itations is to preclude arbitrary season Congress assembled, was taken on the amendment offered cutoffs from meeting the standard. The SECTION 1. DEFINITIONS OF DOMESTIC INDUS- by the Senator from Massachusetts to scope of the modified definition is lim- TRY AND LIKE OR DIRECTLY COM- increase education funding substan- ited to situations where international PETITIVE ARTICLES. tially so we can meet our needs for our producers compete directly with do- (a) DEFINITION OF DOMESTIC INDUSTRY.— young people and to provide the kind of mestic producers of the same like prod- Section 202(c)(4) of the Trade Act of 1974 (19 education that is essential if the uct during the same growing season. U.S.C. 2252(c)(4)) is amended— United States is going to maintain or This does not mean that there cannot (1) by striking ‘‘and’’ at the end of subpara- graph (B), improve its leadership in global affairs, be any overlap between the partial- economics, science, et cetera—I saw year growing season in which the do- (2) by striking the period at the end of sub- paragraph (C) and inserting ‘‘; and’’, and what happened with that vote. We did mestic industry alleges injury and an- (3) by adding at the end the following new not get 60 votes in favor of it, whatever other growing season. Various factors subparagraph: the technicality was, to waive the such as weather conditions may cause ‘‘(D) may, in the case of one or more do- budget, et cetera. one growing season to begin early or mestic producers who produce a like or di- So, when I look at an amendment I end late and yet not affect a separate rectly competitive perishable agricultural was going to offer on environmental growing season. product during a particular growing season, protection, it seemed to me that the While this change will allow the ITC limit the domestic industry to those pro- handwriting was on the wall or that to conclude that a partial-year indus- ducers if the producers sell all or almost all the toxics were in the ground or in the of their production of the article in that try constitutes a domestic industry air, and that we were not going to get under section 202, I believe that it is growing season and the demand for the arti- cle is not supplied, to any substantial degree, anywhere with a vote. consistent with the NAFTA and other by other domestic producers of the article Mr. President, the American people international obligations. who produce the article in a different grow- clearly want to see an end to the par- This amendment, by itself, will not ing season.’’. tisan bickering, and it seems we are solve the myriad post-NAFTA chal- (b) DEFINITION OF LIKE OR DIRECTLY COM- making some progress in that direc- lenges facing America’s winter vege- PETITIVE ARTICLE; CONSIDERATION OF IM- tion. table industry. Domestic winter grow- PORTED ARTICLE.—Section 202(c)(6) of such At the same time, Mr. President, I do ers are suffering from dramatic in- Act is amended by adding at the end the fol- want to register my concern about the lowing new subparagraphs: creases in imports of Mexican squash, stop-start way we are now financing eggplant, sweet corn, beans, bell pep- ‘‘(E) In the case of a perishable agricul- tural product produced by a domestic indus- much of the Government. pers, tomatoes, and other vegetables. try described in paragraph (4)(D), the term Continuing resolutions and shut- These crops are seasonal and perish- ‘like or directly competitive article’ means downs are no way to run a Govern- able. only the articles produced by the industry ment. The resulting uncertainty and Without prompt legislative reform, during the applicable growing season. chaos has a serious impact on States the domestic winter vegetable industry ‘‘(F) In the case of a perishable agricul- and local governments, on Federal em- will soon end its second post-NAFTA tural product, the Commission may limit its ployees, and on Americans throughout growing season with unfair rules and consideration to imported articles that are the country. hampered ability to redress harm. In entered, or withdrawn from warehouse for I also want to take a few moments to human terms, too many farm families consumption, during the same growing sea- son as the like or directly competitive prod- discuss the impact of the current CR have bankrupted, stopped production, uct.’’. on an area of particular concern to me: and lost confidence in their Govern- (c) RELIEF LIMITED TO CERTAIN IMPORTED the environment. ment to assure fairness. PRODUCTS.—Section 202(d)(4) of the Trade Mr. President, I had planned to offer In addition to S. 1463, we should Act of 1974 (19 U.S.C. 2252(d)(4) is amended by an amendment to protect environ- enact and implement additional legis- adding at the end the following new subpara- mental programs during the life of this lative and administrative measures to graph: short-term spending measure. My make NAFTA work as it was designed. ‘‘(E) The Commission may, in the case of a amendment would have frozen EPA’s But today, we do have a chance to perishable agricultural product, limit provi- funding at last year’s levels, as opposed take a positive step toward fairness for sional relief to imported articles that are en- to the roughly 14-percent cut called for American farmers. Let us not forfeit tered, or withdrawn from warehouse for con- sumption, during the same growing season as in this bill. that chance as we contemplate ad- the like or directly competitive product.’’. However, I recognize that my amend- journment until next month. On behalf (d) CONFORMING AMENDMENT.—Section ment would be subject to the same of fundamental fairness for farm fami- 202(d)(5) of the Trade Act of 1974 (19 U.S.C. point of order that was raised on Sen- lies, I urge you to support this bipar- 2252(d)(5)) is amended in the matter pre- ator KENNEDY’s amendment. As with tisan reform. ceding subparagraph (A), by striking ‘‘sub- his amendment, I am confident this I would like at this time, therefore, section’’ and inserting ‘‘section’’. amendment would receive a majority to ask unanimous consent that the Fi- (e) EFFECTIVE DATE.—The amendments of votes, but not enough to overcome nance Committee be discharged from made by this Act apply with respect to in- the parliamentary objection. further consideration of S. 1463, a bill vestigations initiated pursuant to section I also am concerned that, if my 202(b) of the Trade Act of 1974 (19 U.S.C. to clarify the definitions of domestic 2252(d)) and requests for provisional relief amendment were adopted in the Sen- industry and like articles in certain initiated pursuant to section 202(d) of such ate, the House leadership would refuse trade actions involving perishable agri- Act (19 U.S.C. 2252(d)) after the date of the to put such a CR up to a vote, and the cultural products, that the Senate then enactment of this Act. result would be another Government

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S443 shutdown. I do not want that to hap- many hard-working people who work As a result, it now appears more likely pen. And I will not be offering my at the Agency. But I also want to point that Congress might loosen somewhat the amendment. But I do want to take this out to my colleagues—especially those fiscal vise that has gripped environmental agencies during the long budget impasse, opportunity to emphasize the impor- on the other side of the aisle—that cuts while a number of proposals favoring mining, tance of adequately funding EPA—and in EPA have a direct impact on many logging, oil and other big industries could preferably doing so on a longer-term businesses in the private sector. Under vanish from the legislative landscape. basis—when the pending CR expires in President Reagan, EPA entered an era Administration officials and environ- March. of substantial privatization. mentalists can hardly claim victory yet. The Mr. President, it is time to make pro- Today, over 80 percent of the Super- administrator of the Environmental Protec- tection of our environment a national tion Agency, Carol M. Browner, said that at fund budget and 52 percent of the rest a Senate hearing on Friday, she would tes- priority. Americans have a right to of EPA’s budget goes to private con- tify that the cuts already imposed, and the know that their air is clean enough to tractors. Those companies and their slightly less severe ones still to come, would breathe, their water is clean enough to employees will suffer needlessly if force the agency to delay some of its highest drink, and their children are not going EPA’s budget is slashed. priorities, including new measures to control to get sick because they live near a Other companies that rely on EPA dangerous pollutants in drinking water. toxic waste dump. But some environmentalists are starting also will be hurt by EPA cuts. For in- to say, with a hint of wonder in their voices, The American people feel strongly stance, EPA is required to certify new that they are close to success in making en- about this, Mr. President. Poll after pesticides before they can be marketed. vironmental programs what one lobbyist poll shows very strong public support However, under this CR, many of these called a ‘‘third rail,’’ political slang for for protecting our environment. Even certifications will not be done. That issues like Social Security that are best not Republican polls have reached that means these products will not be ap- touched because they carry such voltage conclusion. with voters. proved for the coming growing season. Increasingly, Republicans are echoing the One recent Republican poll by Linda Farmers, consumers and the agricul- same message. DiVall showed that only 35 percent of tural chemical community all will be This week, 30 Republican moderates in voters would support a candidate who adversely affected. Congress wrote Speaker Newt Gingrich to supported the one-third cut in EPA Mr. President, our Nation has made complain that the party had ‘‘taken a beat- funding in the House Republicans’ VA/ enormous progress since the environ- ing this year over missteps in environmental HUD appropriations bill. The same poll mental movement was ignited by Earth policy’’ and calling on him to correct the course during the continuing budget talks. showed that while 6 out of 10 Ameri- Day in 1970. Environmental laws have ‘‘If the party is to resuscitate its reputa- cans say there is too much Government made our water safer to drink, cleaned tion in this important area, we cannot be regulation generally, only 1 in 5 believe up our oceans and rivers, made the air seen as using the budget crisis as an excuse that statement applies to the EPA. cleaner, and protected our land from to emasculate environmental protection,’’ Unfortunately, despite the broad pub- destruction. We can not afford to turn said the letter, drafted by Rep. Sherwood lic support for environmental protec- back now. Boehlert, a maverick Republican environ- mentalist from upstate New York. tion, this Congress has treated these I have heard it said over and over Even some of the party’s more conserv- programs very poorly. Funding for that we need to balance the budget be- ative advisers are sounding similar alarms EPA has been under serious attack. cause we are piling debt onto our chil- these days. And EPA’s budget has been subject to dren. But what about the environment ‘‘Our party is out of sync with mainstream stop-start budgeting, which has created we are leaving our children? In my American opinion,’’ wrote Linda DiVall, a tremendous uncertainty and which has view, and the view of the American Republican pollster, in reporting to congres- had a serious impact on environmental sional clients on a recent nationwide survey people, that simply has to be a na- on environmental issues. programs. tional priority. But many in the party’s leadership are re- For example, many toxic waste sites Mr. President, at the expiration of luctant to change course. They say the prob- are not getting cleaned up because of this continuing resolution, I really lem is not their agenda but the way they budget uncertainties and inadequate hope that the Congress will approve a have explained it. funding. These cleanups typically take budget for EPA that protects the envi- ‘‘What is out of sync is the distortion of a long time, and sometimes are costly. our record by the administration and by rad- ronment. And not for 6 weeks at a ical environmental groups who want to con- Since EPA does not know how much time. But for the rest of the fiscal year. tinue to overregulate the economy,’’ said money it will have, it has been forced That is important for the Agency to Rep. John A. Boehner of Ohio, head of the to shut down many projects that al- operate effectively. It is important for House Republican Conference. ready have been underway, and to its employees, who need to plan their Environmental groups have mounted a sus- delay others. work, and their lives. It is important tained campaign all year to get their mil- This will end up costing taxpayers for the many private contractors and lions of members to complain to lawmakers millions of dollars. It also will mean about the Republican agenda, and it appears their employees, who depend on this that the effects are increasingly being felt. that many sites will remain filled with funding. It is important for States and Last week, during the congressional recess, toxic wastes, placing nearby residents localities, which also rely on EPA the entire New Jersey delegation of eight Re- at additional risk. funding to administer environmental publicans and five Democrats wrote to the Mr. President, EPA is not an agency programs. And, most critically, it is Republican leadership asking that full fi- with a fat budget. It has been under- important to all Americans who care nancing be restored to the Superfund pro- gram, a reaction to news that the EPA had funded for years. EPA has already about the quality of our environment. eliminated all of its temporary em- suspended the clean-up of hundreds of toxic Mr. President, I ask unanimous con- waste sites. ployees, and the Agency now has 1,300 sent an article appearing today in the In his State of the Union address, Presi- employees less than its authorized ceil- New York Times, on the front page as dent Clinton spoke at length about environ- ing. If the level in the continuing reso- a matter of fact, be printed in the mental issues, which usually take a back lution continues for the rest of the RECORD at the appropriate place. seat to others. He won applause and loud year, EPA will be forced to furlough all There being no objection, the article cheers when he denounced the environmental proposals of the Republicans and challenged its employees for 10 to 12 workdays. was ordered to be printed in the Mr. President, furloughs at EPA are Congress to ‘‘re-examine those policies and RECORD, as follows: reverse them.’’ not what the people want. They want a [From the New York Times, Jan. 26, 1996] The problem for the Republican leadership, Federal Government that will take re- WORRIED REPUBLICANS BEGIN BACKPEDALING though, is that many of those proposals are sponsible and prudent steps to improve ON ENVIRONMENTAL ISSUES at the heart of their promise to roll back fed- our environment. To to that, in my eral regulations, and many of the party’s (By John H. Cushman, Jr.) view, we should be increasing EPA’s leaders, including Sen. Bob Dole of Kansas, WASHINGTON.—Republicans are increas- budget, not cutting it, as this bill the majority leader, and Rep. Tom DeLay of ingly worried that by imposing deep cuts on Texas, one of Gingrich’s loyal lieutenants, would do. environmental programs they are doing even are among their most vigorous advocates. Mr. President, deep cuts in EPA’s deeper political damage to their party, and In a speech to the National Association of budget inevitably will have an adverse they are beginning to back away from fur- Manufacturers on Thursday, DeLay, the ma- impact on our environment, and on the ther confrontations on environmental issues. jority whip, accused Clinton of lying in his

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S444 CONGRESSIONAL RECORD — SENATE January 26, 1996 speech when he said that by voting to cut en- The PRESIDING OFFICER. The Sen- NAYS—45 vironmental enforcement by 25 percent, Con- ator from Oregon. Abraham Grams McConnell gress was serving the interests of corporate Mr. HATFIELD. I do not believe Ashcroft Grassley Moynihan lobbyists at the expense of clean water and there is any more discussion. Senator Bond Gregg Murkowski children’s health. Brown Hatch Nickles ‘‘That isn’t just misrepresenting the truth; HARKIN indicated he had finished his Burns Hatfield Pressler that is outright lying,’’ DeLay said. discussion. Byrd Helms Roth But Ms. DiVall, whose clients include a The PRESIDING OFFICER. Is there Chafee Hutchison Santorum conservative Republican presidential can- Cochran Inhofe Simpson further debate on the amendment? Coverdell Jeffords Smith didate, Sen. Phil Gramm of Texas, said in Mr. HATFIELD. Mr. President, what Craig Kassebaum Specter her polling report that some of the party’s is the parliamentary situation? D’Amato Kempthorne Stevens environmental policies were broadly dis- DeWine Lott Thomas dained by Democrats and Republicans The PRESIDING OFFICER. The Dole Lugar Thompson alike—and by most independents, most question is on a motion to waive. Frist Mack Thurmond young people and most women. Is there further debate on the mo- Gorton McCain Warner ‘‘By greater than a 2-to-1 margin, voters tion? NOT VOTING—9 have more confidence in the Democrats than Mr. DOLE addressed the Chair. Bennett Domenici Hollings Republicans as the party they trust most to The PRESIDING OFFICER. The ma- Campbell Faircloth Kyl protect the environment,’’ her report said. jority leader. Coats Gramm Shelby ‘‘Most disturbing is that 55 percent of Repub- licans do not trust their party when it comes ORDER OF PROCEDURE The PRESIDING OFFICER. Three- to protecting the environment, while 72 per- Mr. DOLE. Mr. President, what we fifths of the Senators duly chosen and cent of the Democrats do trust their party.’’ may propose here, at the Democratic sworn not having voted in the affirma- The poll came up with especially strong leader’s suggestion, is to vote on this tive, the motion is rejected, and the signals on the Republicans’ efforts to cut matter, vote on final passage, vote on amendment fails. spending at the EPA. Mr. DOLE. Mr. President, with the ‘‘Attacking the EPA is a nonstarter,’’ Ms. the START treaty, vote on DOD, and DiVall wrote. then anybody who may wish to discuss passage of the Balanced Budget Down- Her polling found that only 35 percent of these matters can do that. payment Act, instead of the headline the public would vote to re-elect members of Mrs. BOXER. Will the majority lead- reading ‘‘Government Shuts Down,’’ it the House who supported the Republican- er yield for a question? Can we make will read ‘‘Government Scaled Down.’’ backed bill cutting financing for the agency, those votes 10-minute votes? Instead of adding to the frustration by a third, while 46 percent said they would Mr. DOLE. Sure. I would put them en that the American people have with vote not to re-elect them. If voter turnout in bloc. Government, we’ll be adding to the November is higher, she warned, the results amount of money we are saving tax- would be worse. Mrs. BOXER. I would support you Warnings like that seemed to be having an fully and completely. payers. effect on Thursday, as the House leadership VOTE ON MOTION TO WAIVE THE CONGRESSIONAL Instead of punishing Federal employ- brought to the floor the latest stop-gap BUDGET ACT—AMENDMENT NO. 3122 ees; we’ll be eliminating unnecessary spending bill, to keep the federal govern- The PRESIDING OFFICER. The Federal programs. ment open until March. Previous temporary question is on the motion to waive the Everybody knows that this bill is not spending bills have singled the EPA out for perfect. especially severe cuts, especially in enforce- Budget Act with respect to amendment No. 3122. Each of us, if given the opportunity, ment and clean-up activities. would write it differently. The measure, passed by the House on The yeas and nays have been ordered. Some, like President Clinton, would Thursday night, would still cut the agency’s The clerk will call the roll. prefer to spend more tax dollars. financing, just as deeply as the spending bill The legislative clerk called the roll. Others, like me, would spend less. Clinton vetoed in December but not as deep- Mr. LOTT. I announce that the Sen- ly as the cuts since Oct. 1, when the fiscal But I think we can all agree that this ator from Utah [Mr. BENNETT], the year began. bill is much better than shutting down Senator from Colorado [Mr. CAMP- The Interior Department, another environ- the Government. mental agency that has been operating with- BELL], the Senator from Indiana [Mr. The bottom line here, Mr. President, out a final agreement on its budget, would be COATS], the Senator from New Mexico is that with this Balanced Budget financed until March. But the real issue fac- [Mr. DOMENICI], the Senator from ing that agency is not how much money it Downpayment Act, we fulfill our com- North Carolina [Mr. FAIRCLOTH], the mitment to keep the Government open, can spend, but rather what environmental Senator from Texas [Mr. GRAMM], the policies it must follow. while at the same time we ensure at Senator from Arizona [Mr. KYL], and One of the biggest fights of the past year least $30 billion in budgetary savings was over changes the Republicans proposed the Senator from Alabama [Mr. SHEL- for the current fiscal year. in the mining law. Favored by industry and BY] are necessarily absent. This puts the focus back where it be- opposed by environmentalists, the measure I further announce that, if present, longs: On cutting unnecessary Wash- was part of Interior bill and the broader and voting, the Senator from Colorado ington spending and reducing the budg- budget bill, both of which Clinton vetoed. [Mr. CAMPBELL] would vote ‘‘nay.’’ et deficit. On Thursday, Jack Gerard, an industry Mr. FORD. I announce that the Sen- spokesman, said the budget impasse had ‘‘at And let me leave no doubt: The Re- ator from South Carolina [Mr. HOL- least for now halted progress toward passage publican promise to the American peo- of mining law reform.’’ LINGS] is necessarily absent. ple to balance the budget the right way The PRESIDING OFFICER (Mr. GOR- Mr. LAUTENBERG. So, I am hoping in 7 years is not something we are will- TON). Are there any other Senators in we get on with the resolution, the CR, ing to sacrifice. the Chamber who desire to vote? not that I like it, frankly, but we do We will never relent in our fight to The yeas and nays resulted—yeas 45, have to maintain the constancy of our protect future generations of Ameri- nays 45, as follows: work force, get the jobs done as well as cans and leave them the legacy of a we can at the moment. I am terribly [Rollcall Vote No. 3 Leg.] better America. And today’s con- disappointed at the relatively low lev- YEAS—45 tinuing resolution is a genuine down- els of funding—— Akaka Feingold Levin payment on that promise. Mr. HATFIELD. Mr. President, may Baucus Feinstein Lieberman Let me also briefly mention that this Biden Ford Mikulski continuing resolution includes the fis- we have order so the Senator can be Bingaman Glenn Moseley-Braun heard? Boxer Graham Murray cal year 1996 Foreign Operations Ap- The PRESIDING OFFICER. The Sen- Bradley Harkin Nunn propriations Act, which has been held ator is correct. The Senate will please Breaux Heflin Pell up for many months by pro-abortion Bryan Inouye Pryor come to order. Senators to the left of Bumpers Johnston Reid special interest groups. the Chair please take your conversa- Cohen Kennedy Robb I am pleased that the resolution con- tions into the Cloakroom. Conrad Kerrey Rockefeller tains many provisions which I drafted Mr. LAUTENBERG. Mr. President, Daschle Kerry Sarbanes or strongly supported. These include: Dodd Kohl Simon rather than take any more time, I will Dorgan Lautenberg Snowe An assurance that countries which yield the floor at this point. Exon Leahy Wellstone have embarked on the peace process in

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S445 the Middle East—Israel, Egypt, and months. The most recent shutdown time. It is my hope that the author- Jordan—will receive important support lasted a record 21 days. Another shut- izing committees will take the time for their search for a just and lasting down is simply unacceptable. necessary to fully examine the issue of peace. I yield the floor. human embryo research and its rami- A restriction on aid to Bosnian Mr. HATFIELD. Before final passage, fications before further restrictions are Serbs, a doubling to $100 million in I would like to take the opportunity to placed on funding. This is an important military draw down authority to equip, explain further my concerns about sev- issue which deserves our full consider- arm, and train Bosnian Government eral provisions in this bill. ation. forces, and a provision limiting assist- RESTRICTIONS ON POPULATION PLANNING EDUCATION FUNDING ance to any country which harbors ACTIVITIES I would like to add, Mr. President, international war criminals. I am dismayed by the provision in that I regretfully oppose the amend- A requirement of human rights cer- this continuing resolution which re- ment by my colleague from Massachu- tification before additional assistance stricts the funds that may be made setts, to increase funding for education can be provided to Haiti. This is in re- available for our international popu- programs. While one of my highest per- sponse to the overwhelming evidence lation assistance program and the U.S. sonal priorities is to increase funding indicating that elements of the Gov- contribution to the United Nations for these programs. I cannot in good ernment of Haiti have been involved in Population Fund [UNFPA]. conscience support an effort which political assassinations—a sad outcome The proponents of this language gives us all a rhetorical win but not a for a U.S. military operation that was know that it is extremely unlikely substantive win. Increasing funding for alleged to be about democracy and the that an authorization bill will pass be- these programs for 45 days has little to rule of law. fore the July 1, 1996 deadline. There- no practical effect. Aside from the fact Assistance for critical states on the fore, the bill provisions restricting that most education programs are for- periphery of the newly resurgent Rus- funding to 65 percent of fiscal year 1995 ward funded and thus, not impacted in sia—especially Ukraine and Armenia. levels and the obligation of funds to the next 45 days—over $13 billion or 54 This bill also provides for the monthly apportionments of 6.67 per- percent of education moneys are, by Transcaucus enterprise fund—an idea I cent will go into effect. When this oc- law, not available until July 1 and an- first proposed in 1994. curs, our international family planning other $7.5 billion or 31 percent are not This bill also contains provisions to efforts will be devastated. The result— obligated until the third and fourth encourage the administration to honor more unintended pregnancies and more quarters of the fiscal year—this amend- its stated commitment to expand abortions. ment does not provide any certainty NATO eastward—sooner, rather than Let me give you a present day exam- for the long term. It may also jeop- later. The Republican Congress has re- ple. The former Soviet Union has the ardize our ability to enact legislation peatedly been forced to push the Clin- highest abortion rates in the world. In necessary to stabilize national edu- ton administration on the issue of 1991, an estimated 12 to 15 million legal cation spending. NATO expansion—another case where and illegal abortions were performed. The best action we can take for edu- the administration’s deeds have not The average woman will have between cation is to pass this continuing reso- matched their words. four and six abortions during her life- lution and then proceed as rapidly as Finally, the bill contains the Human- time. Some women have as many as 20 possible to consider the fiscal year 1996 itarian Aid Corridors Act—a limitation abortions. This is appalling. Why do Labor, HHS, Education appropriations on aid to countries which impede the these countries have such high abor- bill. The Senate bill, reported from the delivery of U.S. humanitarian aid to tion rates? The answer—the unavail- committee on September 15, includes other countries. This important provi- ability of modern contraceptives. $22.3 billion indiscretionary spending sion will help ensure we get the best Last year, in the foreign operations for education programs, an increase of bang for our foreign aid buck. I was bill I was able to secure funding to $1.5 billion more than the House-passed proud to be the lead sponsor of this allow the Agency for International De- bill and the entire amount of increase provision. velopment to develop a comprehensive given to the Senate Labor/HHS Sub- Mr. President, it has been a long and family planning program in the former committee in its 602(b) allocation. difficult process to get the foreign op- Soviet Union. AID’s efforts in Russia, Without a Senate-passed bill we are ne- erations conference report to this Moldova, Belarus, and Ukraine have gotiating from a position of weakness point. And let me congratulate sub- begun to have an impact on the abor- with the House. Passage of this bill committee Chairman MCCONNELL for tion rate. We have data from the will provide the baseline on which true his leadership and perseverance. Ukraine that shows a reduction in the long-term planning can take place in Mr. ABRAHAM. Mr. President, I number of abortions. school districts and classrooms all wanted to take this opportunity to ad- So what are we doing today? We are across this country. dress several of the votes cast today. drastically cutting funding to United Mr. DOLE addressed the Chair. Among other items, the Senate voted States-supported international family The PRESIDING OFFICER. The ma- today to uphold the Budget Act with planning programs, and we are reduc- jority leader. respect to the Kennedy and Harkin ing AID’s flexibility to respond to Mr. DOLE. Mr. President, I want to amendments. Let me make my position areas, like the former Soviet Union, ask consent now that we have three clear; I support full funding for edu- where the need for family planning is consecutive votes. I will make the re- cation and continued vigilance over so great. We are ensuring that the quest here. Mr. President, I ask unanimous con- Medicare fraud. In the past, I have of- world will return to the old ways—the sent that H.R. 2880 be advanced to third fered several amendments to protect old Russian model—with increases in reading. I now ask for the yeas and education spending from cuts as well as unintended pregnancies and abortions. As a pro-life Senator who strongly nays on final passage of H.R. 2880. to create new initiatives to fight Medi- The PRESIDING OFFICER. Without opposes abortion, I am disheartened by care fraud. My Medicare fraud amend- objection, it is so ordered. Is there a the lack of understanding and foresight ment was a key part of the Medicare sufficient second? There is a sufficient of our colleagues in the House who reforms vetoed by the President as part second. The yeas and nays are ordered. have been unrelenting in their insist- of the Balanced Budget Act of 1995. The yeas and nays were ordered. Nevertheless, I did not support any ence on these restrictions. amendment to the continuing resolu- HUMAN EMBRYO RESEARCH UNANIMOUS-CONSENT tion which would result in the shut- I remain concerned about using this AGREEMENT—S. 1124 down of the Federal Government. By continuing resolution to place restric- Mr. DOLE. Mr. President, I further forcing this bill to return to the House tions on research. However, I under- ask unanimous consent that it be in for additional debate, these amend- stand from the National Institutes of order for me to ask for the yeas and ments would have done just that. Al- Health that this will not effect any nays on adoption of the conference re- ready we have seen the Government current grants because the NIH is not port to accompany S. 1124, the DOD au- shut down twice in the past few funding research in this area at this thorization bill, and that the vote

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S446 CONGRESSIONAL RECORD — SENATE January 26, 1996 occur on adoption of the conference re- [Rollcall Vote No. 4 Leg.] the President to seek congressional ap- port immediately following the vote on YEAS—82 proval of funding of unanticipated con- H.R. 2880. Abraham Frist Mikulski tingency operations. The PRESIDING OFFICER. Is there Akaka Gorton Moseley-Braun The primary reason for the Presi- objection? Without objection, it is so Ashcroft Graham Moynihan dent’s veto of the bill was the adminis- Baucus Grams Murkowski tration’s uncompromising opposition ordered. Biden Grassley Murray to deploying a system to defend the f Bingaman Gregg Nickles Bond Harkin Nunn United States against ballistic mis- UNANIMOUS-CONSENT Boxer Hatch Pell siles. The first duty of the President, Bradley Hatfield AGREEMENT—START II TREATY Pressler Breaux Heflin as defined in the Constitution, is to de- Pryor Mr. DOLE. Mr. President, I also ask Bumpers Hutchison fend America. Missile defense for Burns Inhofe Robb America is a very achievable goal; it is unanimous consent, as if in executive Rockefeller session, that it be in order for me at Byrd Inouye hard to understand the opposition to Chafee Jeffords Roth this time to ask for the yeas and nays Cochran Johnston Santorum providing protection for America. on the adoption of the resolution of Cohen Kassebaum Sarbanes Mr. President, we are told that there ratification to accompany the START Conrad Kempthorne Simon is no immediate threat, but I can as- Coverdell Kennedy Simpson sure you that when we are threatened, II treaty. Craig Kerrey Smith The PRESIDING OFFICER. Is there D’Amato Kerry Snowe it will be too late to start. We will then objection? Without objection, it is so Daschle Kohl Specter be at the mercy of an aggressor’s ordered. DeWine Leahy Stevens blackmail, or worse. In order to com- Dole Lieberman Thomas plete action rapidly on the renewed Mr. DOLE. Further, Mr. President, I Dorgan Lott Thompson conference without further diluting the ask unanimous consent as if in execu- Exon Lugar Thurmond tive session that the vote on the reso- Feingold Mack Warner national missile defense provisions, the Feinstein McCain Wellstone conferees dropped the NMD sections lution occur immediately after the Ford McConnell vote on adoption of the DOD authoriza- from the conference report. Although tion conference report. NAYS—8 the conference report we are now con- The PRESIDING OFFICER. Is there Brown Glenn Levin sidering does not include language on Bryan Helms Reid NMD, Republicans remain determined objection? Without objection, it is so Dodd Lautenberg ordered. to enact forceful NMD legislation in Is there a sufficient second for the NOT VOTING—9 the near future. I remain strongly com- advancement of the rollcall vote? Bennett Domenici Hollings mitted to the deployment of a mul- There is a sufficient second. Campbell Faircloth Kyl tiple-site NMD system by 2003 and am Coats Gramm Shelby The yeas and nays were ordered. working with Senator LOTT, Senator Mr. DOLE. Mr. President, I ask unan- So the bill (H.R. 2880) was passed. SMITH, Senator KYL, and others in for- imous consent that the votes be 10 Mr. BRADLEY. Mr. President, I mulating a new bill. minutes each. move to reconsider the vote by which Mr. President, the requirement to The PRESIDING OFFICER. Without the bill was passed, and I move to lay submit a supplemental request of funds objection, it is so ordered. that motion on the table. to pay for contingency operations was Mr. DOLE. Mr. President, I ask unan- Mr. DOLE. Under the previous order, also listed as a reason for the Presi- imous consent that there be 1 minute there is 1 minute between each vote, if dent’s veto. Unfortunately, President Clinton in between votes to explain the next anybody would like to have it. continues to deploy our military forces vote. f overseas for a variety of non-tradi- The PRESIDING OFFICER. Without NATIONAL DEFENSE AUTHORIZA- tional military operations without due objection, it is so ordered. TION ACT FOR FISCAL YEAR regard to cost or funding. These oper- If there be no further amendment to 1996—CONFERENCE REPORT ations absorb significant human re- be offered, the question is on the third sources and funds which had been budg- reading and passage of the bill. The PRESIDING OFFICER. The eted and appropriated for military The bill (H.R. 2880) was ordered to a clerk will report the conference report. readiness and modernization. third reading and was read the third The assistant legislative clerk read as follows: Our provision would merely have re- time. quired the submission of a supple- The PRESIDING OFFICER. The bill The committee on conference on the dis- mental request to ensure that readi- having been read the third time, the agreeing votes of the two Houses on the amendments of the House to the bill (S. 1124) ness is maintained, while at the same question is, Shall the bill pass? time allowing the Congress to carry The yeas and nays have been ordered. to authorize appropriations for fiscal year 1996 for military activities of the Depart- out its constitutional responsibility. The clerk will call the roll. ment of Defense, to prescribe personnel Although I disagree with President The legislative clerk called the roll. strengths for such fiscal year for the Armed Clinton’s argument that such a re- Mr. LOTT. I announce that the Sen- Forces, and for other purposes, having met, quirement is unconstitutional, the con- ator from Utah [Mr. BENNETT], the after full and free conference, have agreed to ferees agreed to change this require- Senator from Colorado [Mr. CAMP- recommend and do recommend to their re- ment to a sense of Congress. BELL], the Senator from Indiana [Mr. spective Houses this report, signed by a ma- In his veto message, the President as- jority of the conferees. COATS], the Senator from New Mexico serted that he thought his authority as [Mr. DOMENICI], the Senator from The Senate proceeded to consider the commander in chief would be under- North Carolina [Mr. FAIRCLOTH], the conference report. mined by a requirement to certify that Senator from Texas [Mr. GRAMM], the (The conference report is printed in placing U.S. troops under operational Senator from Arizona [Mr. KYL], and the House proceedings of the RECORD of control of the United Nations is in our the Senator from Alabama [Mr. SHEL- January 22, 1996. national security interest. I do not un- BY] are necessarily absent. Mr. THURMOND. Mr. President, I am derstand how any President can pos- I further announce that, if present disappointed that the Senate has to sibly object to a requirement that ex- and voting, the Senator from Colorado consider the revised Defense authoriza- plicitly states to the American people [Mr. CAMPBELL] would vote ‘‘yea.’’ tion conference report for fiscal year that any deployment of American Mr. FORD. I announce that the Sen- 1996. To the dismay of many Members, troops is in the national interest. This ator from South Carolina [Mr. HOL- President Clinton vetoed the original was a broadly supported provision and LINGS], is necessarily absent. bill on December 28 because of his ob- the President’s veto ensures that nei- The PRESIDING OFFICER. Are there jections to: Deploying a missile defense ther the Congress nor the President any other Senators in the Chamber de- system able to defend all 50 States; cer- has seen the last of this common-sense siring to vote? tifying that deployments of U.S. forces legislation. The result was announced—yeas 82, under U.N. command and control are in While I disagree with the objection, nays 8, as follows: the national interest; and, requiring since certification is an accepted way

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S447 for Congress to exercise oversight re- which was the first time in my 23 years strong civilian control of special oper- sponsibility, I do not want this impor- in the Senate, that I voted against a ations activities. The action of the con- tant bill delayed by another veto. Fur- Defense authorization conference re- ferees reflects the fact that when Con- ther, if we had watered down this sec- port. I had supported every previous gress created this position of Assistant tion as the President would have liked, Defense authorization conference re- Secretary for Special Operations and the Congress would be abdicating its port, including 6 years in which I Low Intensity Conflict, we were not oversight responsibilities. served in the minority under two Re- simply trying to give visibility to an For these reasons, the conferees con- publican chairmen. I concluded then Assistant Secretary. There are signifi- cluded that it would be better to drop that the conference report contained cant substantive differences between the section in its entirety. A separate fundamental flaws that were contrary the Assistant Secretary of Defense for bill will preserve the integrity of Con- to the best interests of the taxpayers Special Operations and each of the gress’ intention to ensure U.S. forces and the sound management of our na- other Assistant Secretaries. The posi- are placed under UN control only when tional defense activities. On balance, tion of Assistant Secretary for Special it is in the U.S. national security inter- the bill’s bad policy outweighed its Operations is tied directly to a unique est. good policy. My floor statement on De- combatant command that exercises Mr. President, the House National cember 19 detailed the serious reserva- management powers similar to those of Security Committee and the Senate tions that I had about the first con- a civilian Service Secretary. The con- Armed Services Committee have ference report. ference report makes it clear that moved swiftly to resolve the Presi- MAJOR CHANGES there is a continuing requirement for a dent’s objections to the previous de- Mr. President, the revised conference senior, Senate-confirmed official to ex- fense authorization bill because we rec- report satisfies a number of the con- ercise these responsibilities as the indi- ognize the importance of the bill to our cerns which I addressed in my Decem- vidual’s principal duty. Armed Forces. This conference report ber 19 remarks on the Senate floor in The new report extends the time pe- retains the many important initiatives opposing the bill and in the President’s riod for the sale of the naval petroleum of the earlier bill. veto message. I view these changes as reserve from 1 to 2 years. The 1 year The conference agreement contains a very substantial. period in the previous version was in- number of acquisition reform provi- The revised conference report com- sufficient to ensure that the taxpayers sions which make it easier for Federal pletely eliminates the objectionable would obtain the maximum value agencies to buy commercial tech- National Missile Defense language through knowledgeable competitive nologies, while preserving the standard from the previous conference report. As bidding. of full and open competition. Other ini- I noted on the Senate floor, the lan- The new report specifically requires tiatives range from improved quality guage in the first conference report consideration of costs and risks in the of life for servicemembers and their amounted to an anticipatory breach of development of plans for future sub- families, to a full pay raise. Our Armed the Antiballistic Missile Treaty. I had marine technology. The previous re- Forces should not have to wait any expressed serious objection, as had the port omitted these vital factors, which longer for the support they deserve. administration, to that language. The could have lead to a great deal of wast- Mr. President, I am pleased to say we language in the first conference report ed effort on theoretical and imprac- will now have the opportunity to ex- could have had a significant impact on tical approaches to modernizing our press our support for our military men Russian consideration of the START II submarine fleet. and women by voting to approve the Treaty which is designed to produce a IMPORTANT LEGISLATIVE INITIATIVES conference agreement on the National major reduction in Russian nuclear The conference report contains im- Defense Authorization Act for Fiscal weapons. The language also could have portant legislative authorities which I Year 1996. I urge my colleagues to pass lead the Russians to abandon other support, such as: this conference report in a strong, bi- arms control agreements if they con- Important military pay and allow- partisan show of support for our Armed clude that it is United States policy to ance provisions, including a 2.4-percent Forces. take unilateral action to abandon the pay raise for the troops and a 5.2-per- Mr. President, I wish to express my ABM Treaty. All that language is has cent increase in the basic allowance for appreciation to the able ranking Mem- been removed from the conference re- quarters. ber, Senator NUNN, for the great con- port. Approval of Secretary Perry’s family tribution he has made to this bill. The revised conference report and troop housing initiative, which Without his cooperation and counsel it changes the first conference report in a would provide new authorities—includ- would have been very difficult to get number of other significant respects: ing shared public and private sector this revised bill enacted. The new report completely elimi- funding—to finance needed construc- Mr. NUNN. Mr. President, I am nates the proposed restrictions on U.S. tion and improvements in military pleased to join with Senator THURMOND forces under U.N. command and con- housing. in support of the revised conference re- trol, which the administration had Detailed acquisition reform legisla- port on the National Defense Author- viewed as interfering with the con- tion that complements last year’s land- ization Act for fiscal year 1996, which stitutional prerogatives of the Presi- mark Federal Acquisition Stream- has just passed. The annual Defense au- dent. lining Act. Key provisions would: Use thorization bill is one of the major re- The new report eliminates the man- simplified procedures to streamline the sponsibilities of the Congress each datory requirement in the contingency process of procuring commercial prod- year. It has become the primary vehi- funding provision for a supplemental ucts and services while preserving the cle for fulfilling the responsibility of appropriation, and replaces it with a requirement for full and open competi- Congress, set forth in article I, section sense-of-Congress provision, thereby tion; reduce the barriers that inhibit 8 of the Constitution, to raise and sup- removing another constitutional con- acquisition of commercial products by port the Armed Forces and to provide cern expressed by the President. eliminating the requirement for cer- rules for the governance and regulation The new report completely elimi- tified cost and pricing data for com- of our military forces. The fact that we nates the language which would have mercial products; streamline the bid have a Defense authorization bill that repealed the statutory authority for an protest process by eliminating the sep- is likely to be approved by the Con- independent Director of Operational arate bid protest authority of the Gen- gress and signed by the President re- Test and Evaluation—a key position in eral Services Board of Contract Ap- flects the determination of Senator terms of ensuring unbiased tests of peals and providing for all bid protests THURMOND, and many other Members, major weapons systems. to be determined by the General Ac- to make significant changes in the bill The new report makes it clear that counting Office; consolidate and clarify that was vetoed on December 28, 1995. the conferees support placing the over- the standards of conduct for Federal of- The Senate debated the first con- sight of special operations under a sen- ficials in the acquisition process to en- ference report on December 19, 1995. I ior DOD official who is subject to Sen- sure consistent treatment of such per- voted against that conference report, ate confirmation in order to ensure sonnel on a government-wide basis.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S448 CONGRESSIONAL RECORD — SENATE January 26, 1996 Establishment of a Defense Mod- sound analysis and thorough consider- percent. Moreover, these HIV-positive ernization Account. This provision, ation of executive branch views, not on servicemembers constitute only 20 per- which I sponsored, will encourage the the basis of legislated earmarks. cent of the total permanent Department of Defense to achieve sav- PROTECTIONISM nondeployable personnel in the mili- ings in procurement, R&D, and oper- The conference report establishes tary. The other 80 percent ations and maintenance by allowing new Buy American legislative provi- nondeployable for reasons such as can- the Department to place those savings sions for ships and naval equipment cer, heart disease, asthma, and diabe- in a new account, the Defense Mod- which will result in enormous cost in- tes. The bill requires discharge only of ernization Account. The Department creases for naval vessels and which the HIV-positive servicemembers—not could use amounts in the account to could produce an unfavorable reaction any of the other medically address funding shortfalls in the mod- against U.S. military sales abroad—one nondeployables. ernization of vital weapons systems. of the strongest elements of our export This is particularly unfortunate be- CONTINUING FLAWS economy. As a result of the conference, cause many of those who are HIV posi- I am disappointed, however, that the foreign countries which lose the right tive are not adversely affected in terms conferees retained a variety of flawed to bid on American contracts as a re- of their ability to perform useful mili- provisions that were contained in the sult of this provision will likely retali- tary service. previous conference report. I recognize ate by imposing their own restrictions Mr. President, we need to put a that there was a reluctance to rewrite on American products, thereby dam- human face on these statistics. the entire conference report at this aging the export sector of the United There is a sergeant with 16 years of point in time, but I am particularly States that currently has a strong sur- service, with a wife and two children, concerned about a number which are plus. who contracted HIV from a blood contrary to the best interests of the There is ample existing authority for transfusion. He is performing sophisti- taxpayers and the national interest. I DOD to exclude foreign companies cated personnel management activities detailed the problems with these provi- from competing on contracts when in a nondeployable status. When he sions in my floor statement on Decem- there is a valid industrial base require- heard about our bill, he said to his ber 19, and I will simply highlight a ment for a domestic producer. The De- commander: ‘‘The service is my life. number of my continuing concerns partment of Defense has not requested I’ve given everything I have to it. today. any additional legislative authority to When this bill passes, I’ll be out of the EARMARKING impose specific Buy-American require- service and out of a job. How am I sup- Mr. President, I am particularly con- ments on the components listed in the posed to support my family?’’ What do cerned about the provisions of the bill conference report. There has been no we tell that sergeant and his family? which earmark the procurement of spe- showing of a critical domestic indus- How can we justify to the taxpayers cific ships in specific shipyards. These trial base need that would justify sin- the waste of 16 years of military train- anticompetitive provisions are con- gling out these vessel components, ing and education? trary to the longstanding practices of among the hundreds of thousands of There is a female staff sergeant with the Armed Services Committee. In the items procured by the Department of 8 years of service who is assigned to a past, we have provided appropriate Defense, as warranting protection from high level administrative position in guidance on the development and pro- competition. Mr. President, I find it one of the military departments. She curement of major weapons systems strange that a Republican majority in contracted HIV from her husband, who and to leave to the executive branch the House and Senate committed to subsequently died. She is the mother of the process of awarding contracts. We free trade and market competition, a 4-year-old child. Under the bill, she have done this to ensure that the Gov- would inject the most sweeping Buy will be out of the service, out of a job, ernment achieves the best price and American provisions we have placed in and ineligible to reach retirement. She quality based upon bids and proposals a Defense authorization bill I have ever is perfectly capable of continuing her reviewed under merit-based criteria. seen. This will damage the U.S. defense outstanding performance of duty, but We have endeavored to avoid legisla- industry and the American taxpayer. now she will be fired. tion and conference report language A more onerous Buy-American provi- There is an E–6 married for 10 years, which earmarks specific contracts to sion is set forth in the bill’s authority who has a child and who is HIV posi- specific contractors. We have avoided to use sealift funds to purchase vessels tive. His service record includes a Navy earmarking because there is too great for the National Defense Reserve Fleet. Commendation Medal, two Navy a danger that awards under such a sys- Unlike the Buy-American provision Achievement Medals, and four sea- tem could be based on political and pa- that applies to components, which I service deployment ribbons. His Navy rochial considerations rather than the previously discussed, the provision gov- Commendation Medal was awarded for best interests of national defense. I am erning National Defense Reserve Fleet automating a warehouse system that very concerned about the shipbuilding vessels has no waiver authority. As a saved the Navy an estimated $2 million provisions of the conference report, result, DOD would be precluded from over a 2 year period. He has 12 years of which could lead to substantial unnec- purchasing foreign vessels for the five service and has been HIV positive for 5 essary expenditures for the procure- additional Roll-on/Roll-off ships called years. There is a reasonable likelihood ment of Navy vessels. for in the mobility requirements study, that he could serve for many more I am also concerned that section 1016 despite the potential for major savings yeas, with the potential to develop sys- of the bill has the effect of earmarking to the taxpayers. This provision could tems that will save millions more for a ship maintenance contract for a spe- add over $1 billion to the cost of these the Navy. This bill deprives him of his cific shipyard. This is a provision that ships. The result could be a bonanza for livelihood and deprives and taxpayers not only precludes competition, it also certain domestic shipbuilders at tax- of the contributions that he can make directs work to be performed that the payer expense, or—what is more like- to greater efficiency and savings. Navy says is unnecessary. Once we ly—the Navy will decided that the cost There is a sergeant with 13 years of start down this route, other ship- is likely to be so high that the Navy service who is married, with three chil- yards—as well as repair and mainte- might forego purchasing enough ships dren. He is HIV positive, as is his wife nance contractors for aircraft and vehi- to meet mobility requirements. That and two of the three children. Under cles—will want their share of these di- would be bad for the taxpayers and bad the bill before us, he is the only one of rected, noncompetitive contracts. The for national defense. the family who will retain a right to Competition in Contracting Act is de- UNWISE PERSONNEL POLICIES DOD medical care. His family, includ- signed to save money through effective The conferees have approved legisla- ing his HIV-positive wife and two HIV- competition. From time to time, there tion mandating the discharge of HIV- positive children, will be excluded from are exceptions which can be justified positive servicemembers. Out of the 1.4 any DOD health care. As a result of the on the merits in terms of industrial million members of the Armed Forces bill, he will be discharged from service, base considerations—but those deci- on active duty, only 1,150 are HIV posi- lose his employment, lose his retire- sions should be made on the basis of tive. That is less than one-tenth of 1 ment potential, and lose his family’s

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S449 medical care. This is an individual who leadership, we would not be here on This gives the military a real incen- is perfectly capable of performing mili- this bill; certainly it would not have tive to save money and put it into tary duties, yet we are going to throw come back after it was vetoed. much higher priority purposes because away our investment in him and place Mr. President, the revised conference we all know we are going to be very him in dire financial straits. This is report completely eliminates the objec- short in modernizing our force in the unacceptable. tionable national missile defense lan- outyears. Mr. President, these are but a few ex- guage from the previous conference re- Mr. President, the Senator from Ari- amples of the many productive port. As I noted on the Senate floor in zona has enumerated a number of pro- servicemembers who will be discharged considerable detail on a number of oc- visions which he objects to in this bill. at great personal harm to them and casions, the language in the first con- I too have some concerns about this their families, and at a great personnel ference report amounted to an antici- bill. I share his concern about ear- investment loss to the taxpayers. This patory breach of the Anti-Ballistic marking of specific ships in specific is not a situation where we have a Missile Treaty. shipyards. I think that works against large number of nondeployables. The Mr. President, we did have a com- the best interests of the taxpayers. I numbers are small—well within the promise proposal that passed the Sen- think it is very poor procurement pol- range of the number of nondeployables ate. That compromise proposal passed icy, and I believe it is a real danger in who have been retained on active duty overwhelmingly in the Senate. It was terms of eroding the kind of support we under longstanding military manpower changed in the conference, and that is need for the defense bill from the broad policies. what prompted the veto from the segment of the American people con- In my view, Mr. President, the HIV President. That Senate language, cerned about how much money we provision is counter productive should which is not in the report that has just spend. This is counterproductive, and have been stricken from the bill. In an passed, would still, I believe, be accept- it really means there is the danger we effort to forge a compromise, I pro- able. Certainly, I hope we can work could go more and more toward award- posed that the conferees establish a constructively in that regard this next ing ship contracts to parochial inter- waiver procedures. My compromise year. ests or political interests rather than on the merits and based on true com- proposal would have permitted a Serv- Mr. President, this conference report petition. That is something I hope we ice Chief and Service Secretary to rec- made a number of other significant can correct next year. I raised that ommend waiver of the mandatory dis- changes, some of which were outlined question over and over again to no charge, on a case-by-case basis, when in the veto message by the President. Others were changes that I had urged avail. retention of the individual would be in Mr. President, this bill also, as the and that others had urged, including the ‘‘best interests of the Department Senator from Arizona pointed out, has the extension of the naval petroleum of Defense’’ or would ‘‘prevent an unac- some buy American provisions in it reserve sale to 2 years, which I think is ceptable hardship for the individual that will cost us lots and lots of money very important. The original bill, service member and the immediate in terms of lost trade because we will which was vetoed, had only 1 year, family.’’ The majority conferees, how- basically be taking a trade advantage ever, refused to consider this approach. which could have put a tremendous we have in defense articles and saying It is my hope, Mr. President, that we amount of pressure and resulted in per- we are not going to buy your articles will come to our senses, take a rational haps billions of dollars of loss in the and then we are going to get retalia- look at this policy, and repeal it before competitive bidding process to the tax- tion and we are going to have our own it can do any harm. payers of America. defense contractors and our own work- Other flawed personnel provisions in- The new report also eliminates re- ers suffer. So in order to help a few de- clude unwarranted restrictions on ac- strictions on U.S. forces that the White fense contractors, we are hurting a cess of servicemembers and dependents House had objected to. It eliminates much broader segment and we are overseas to abortion services at private the mandatory requirement on contin- hurting our overall work force when we expense and the unnecessary interjec- gency funding provisions for supple- do that. I hope we can take corrective tion of the judiciary into POW/MIA de- mental appropriations, replacing it steps on those buy American provisions termination process. with a sense of Congress. It also elimi- which I will not enumerate in the in- CONCLUSION nates the language which would have terest of time. Mr. President, I continue to be con- repealed the statutory authority for an One other subject which I think has cerned abut these flawed policies as independent Director of Operational to be mentioned this evening is the well as the others I discussed in my De- Test and Evaluation, and makes it provision in this bill on mandating by cember 19 statement. In my judgment, clear that the conferees support con- law the discharge of HIV positive serv- however, in view of the important pro- tinued oversight of the special oper- ice members. This was not requested visions contained in the conference re- ations under a DOD civilian official by the Department of Defense, not re- port and the major changes that were who is subject to Senate confirmation. quested by any of the military services. made by the second conference, I be- In addition, Mr. President, this con- Out of 1.4 million members of the lieve it is time to enact these provi- ference report has a number of impor- armed services on active duty, 1,150 are sions into law and put this year’s de- tant legislative provisions, including HIV positive. That is less than one- bate behind us. I will vote for the con- military pay and allowance, including tenth of 1 percent. Moreover, these HIV ference report, but it is my intent to basic allowance for quarters for our positive service members constitute propose amendments during the com- military forces, including Secretary only one-fifth or 20 percent of the total ing year to address the significant Perry’s family and troop housing ini- permanent nondeployable personnel in flaws that remain in the bill. tiative, including detailed acquisition the military. The other 80 percent are As I mentioned, Mr. President, I am reform, which is enormously impor- people who cannot be deployed into pleased to join with Senator THURMOND tant, which streamlines the Federal combat for reasons such as cancer, in support of the revised conference re- Acquisition Streamlining Act, and also heart attack or heart disease, asthma port on the National Defense Author- including, I think, an important new and diabetes. The bill requires dis- ization Act for fiscal year 1996. Of provision, a defense modernization ac- charge only of HIV positive service course, this bill is one of the major re- count, which I sponsored, which in ef- members, not any of the other medi- sponsibilities of the Congress each fect says to each of the services, if you cally nondeployable personnel. year. Given the number of people who save money on any of your research This is particularly unfortunate be- want to speak, I am going to make my and development procurement, if you cause many of those who are HIV posi- remarks brief and summarize what is a find ways to save money, you can put tive are really not adversely affected in very comprehensive bill. the money in this specific account; terms of their ability to perform their Mr. President, I congratulate Sen- and, subject to further approval of Con- job in a useful way. If they are ad- ator THURMOND for his persistence and gress, which I think would be almost versely affected in that regard, cer- his tenacity and his dedication. With- automatic, hopefully, they will be able tainly there is every right to discharge out that dedication and energy and to spend this money on modernization. under the current law.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S450 CONGRESSIONAL RECORD — SENATE January 26, 1996 Mr. President, we need to put a the right to DOD medical care. His THE REVISED CONFERENCE AGREEMENT ON THE human face on this matter rather than family, including his HIV positive wife FISCAL YEAR 1996 NATIONAL DEFENSE AUTHOR- treating it simply as some abstract po- and two HIV positive children will be IZATION BILL litical move which it has been treated excluded from any DOD health care as Mr. MCCAIN. Mr. President, I regret as so far. Let me just give the Senate a result of this bill. As a result of this very much that I come to the Senate three or four real human examples that bill, he will be discharged from the floor today to speak against the re- already have come to my attention service, lose his employment, lose his vised conference agreement on the fis- that are going to suffer serious con- retirement potential, and lose his fam- cal year 1996 national defense author- sequences as a result of the provision ily’s medical care. This is an individual ization bill. To my dismay, this revised in this bill which I think is very un- who is perfectly capable of performing conference agreement is significantly worse than the first agreement. It is wise. There is a sergeant with 16 years military duties, yet we are going to another example of the inability of of service, with a wife and two chil- throw away our investment in him, and Congress to put aside the wasteful, dren, who contracted HIV from a blood place him and his family in dire finan- pork-barrel spending practices of the transfusion. He is performing sophisti- cial straits. past. cated personnel management activities Mr. President, as everyone in this OPPOSITION TO ORIGINAL CONFERENCE in a nondeployable status—16 years of Chamber knows, I led the fight in mak- AGREEMENT investment we have in this sergeant ing sure that we have a sensible provi- Mr. President, I voted against the that has tremendous experience in his sion in terms of gays and lesbians serv- original conference agreement for sev- area of expertise. When he heard about ing in the military service. That is not eral reasons, principally: our bill, he went to his commander, what we are talking about here. We are The inclusion of an additional $493 and he said, ‘‘The service is my life. I talking about punitive action. We are million for the B–2 bomber program. have given everything I have to it. talking about action that does not Authorization for a third Seawolf sub- When this bill passes, I’ll be out of the make any sense from any point of view. marine. service and out of a job. How am I sup- During the consideration of this bill The $700 million for unrequested, posed to support my family?’’ What do and in conference, I proposed a com- low-priority military construction we tell that sergeant and his family, promise. I proposed that the conferees projects. Mr. President? How can we justify to establish a waiver provision. My com- The $777 million for unrequested the taxpayers the waste of 16 years of promise proposal would have permitted equipment for the Guard and Reserve, military training and education? a service Chief and a service Sec- without regard to the priorities of the Another example. A female staff ser- retary—would require both, both the Guard and Reserve. Legislation placing unnecessary and geant with 8 years of service—these are uniformed military and the civilian to counter-productive ‘‘Buy America’’ re- actual examples—who is assigned to a recommend waiver of the mandatory high-level administrative position in strictions on DOD’s procurement deci- discharge that is in this bill on a case- sions, to the detriment of our relations one of the military departments con- by-case basis, when retention of the in- tacted HIV from her husband who sub- with some of our most faithful allies. dividual would be in the best interests Legislation directing the non- sequently died. She is the mother of a of the Department of Defense or would 4-year-old child. Under the bill, she competitive allocation of four attack present an unacceptable hardship for submarine contracts to Electric Boat will be out of the service, out of a job, the individual servicemember and his and ineligible to reach retirement even and Newport News shipyards. immediate family. The majority of Myriad earmarks for entities and or- though she already has put in 8 years conferees, however, did not consider ganizations favored by individual Mem- in the military and performs her job this approach. bers of this body. very ably every day. She is perfectly I have given just a few examples And finally the unworkable, unneces- capable of continuing her outstanding where there is going to be tremendous sary, and burdensome new provisions performance of duty but now she is harm to families, great personnel in- dealing with POW/MIA issues. going to be fired by law. vestment loss to the taxpayers. The For all of these reasons, which are We do not give discretion to anyone. numbers are small but the human trag- discussed in more detail in my state- We just say, Fire them all. Fire them edy here is going to be very large for ment contained in the December 19, all. They have HIV. Get rid of them. no justifiable military reason. We are 1995, CONGRESSIONAL RECORD, I voted It does not matter how they got it. It against the original conference agree- does not matter whether it is their not talking about unit cohesion now. We are not talking about morale in the ment on this bill. fault—even a blood transfusion, getting SUPPORTING THE COMMITTEE AND THE it from your wife or from your hus- military. We are talking about people who can do their job and who may have AUTHORIZATION/APPROPRIATION PROCESS band. We are firing them. Now, I know that some of my col- Another example. There is an E–6 been infected with HIV for no fault whatsoever of their own. leagues were disturbed at my decision married for 10 years who has a child to cast my vote against the bill, even I am concerned about these flawed and is HIV positive. His service record though the bill did pass the Senate. policies. I am also concerned about the includes a Navy Commendation Medal, But, Mr. President, let me state very overseas abortion services restrictions two Navy Achievement Medals, and clearly that it was not an easy decision that are in this bill, and I am also con- four sea-service deployment ribbons. for me to make. His Navy Commendation Medal was cerned about, as Senator MCCAIN said, I have great respect for Chairman what I believe to be the unnecessary awarded for automating a warehouse THURMOND, and I know that he worked system that saved the Navy an esti- interjection of the judiciary into the very hard to accomplish the principal mated $2 million over a 2-year period. POW/MIA termination process. task of the Senate Armed Services He has 12 years of service, has been However, in my judgment, the over- Committee—enactment of the annual HIV positive for 5 years. There is a rea- all balance is in favor of passage of this defense authorization legislation. It sonable likelihood he could serve for bill, and it has passed. I believe it is saddens me that, to date, that goal has many more years with the potential to time to enact these provisions into law not been accomplished. develop systems that will save millions and put this year’s debate behind us. Having served for more than 8 years of dollars for the Navy. This bill de- And, of course, I voted for the con- on the Senate Armed Services Com- prives him of his livelihood, deprives ference report because of my overall mittee, I also clearly appreciate the the taxpayers of his contributions that feeling of the necessity of getting this Committee’s crucial role in the Con- he can make to the military service. report passed for the benefit of our gress’ defense budget review. As I said Another example. A sergeant with 13 military services and our national se- on the floor last December, this Com- years of service, married with three curity. But we have some badly flawed mittee has been at the forefront of the children, is HIV positive as is his wife policies in this bill that need pro- debate on national security policy and and two of the three children. tecting, and I will be working with oth- defense programs since the days of Under the bill before us, he is the ers to try to change those provisions in John Tower’s chairmanship. The au- only one in the family who will retain the coming year. thorization

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S451 committee, with its historically unbi- seems to me, at a minimum, that it Laser guided bombs from Texas In- ased and nonparochial approach to de- would have been useful to retain some struments. fense issues, is an essential check-and- statement of the Congress’ strong ob- C–130J aircraft from Lockheed-Mar- balance in the congressional budget jection to this type of action, as a base tin. process. In my view, it would be in the upon which to proceed with additional Airborne stand-off radar system from best interests of our Nation’s national legislation during this year. a Loral/Raytheon team. security to sustain the relevance and Finally, the conferees caved in to the CH–47 helicopters from Boeing. viability of the Armed Services Com- President’s objections to language re- Infra-red countermeasures capability mittee in the defense budget and policy quiring submission of a timely supple- from Northrop Grumman. review process. mental appropriations request to pay Torpedo engines from Sundstrand. For these reasons, I voted in com- for contingency and peacekeeping oper- I should also note that the British mittee last summer to report a defense ations. This language constituted noth- Government has announced its inten- authorization bill to the Senate floor, ing more than an expansion of the cur- tion to sign contracts for two major and I also reluctantly signed the origi- rent law which requires submission of a procurements which affect contractors nal conference agreement. In both in- Federal budget request each year at a in my State of Arizona, namely, stances, I opposed many of the prin- specified time. Changing the con- McDonnell-Douglas’ Apache heli- cipal provisions in the bill. In taking ference language from a requirement copters and Hughes’ Tomahawk mis- these actions, I was not supporting the to a sense of the Congress provision siles. bill itself. I was supporting the Chair- seems to be a very fine distinction and Let me take a few minutes to talk man, the Senate Armed Services Com- an unnecessary change. about some of the specific domestic Certain other changes were made to mittee, and the congressional budget source restrictions in the bill. address the President’s objections to review process. The bill establishes in permanent law When it came time to cast my vote in the bill, most of which I do not oppose. a requirement to buy the following de- However, I should note that very little the Senate on the original conference fense items from U.S. suppliers: was done to address a major concern agreement, I came to the conclusion Welded anchor and mooring chains, raised by the President, namely, the that the many positive aspects of the which benefits one company in Penn- noncompetitive allocation of ship- bill were outweighed by its negative sylvania and possibly another in Wash- building and ship repair contracts. An- ington State. provisions discussed above. I therefore other area that was not resolved to the Air circuit breakers, which benefits voted against the original conference satisfaction of the administration was bill last December. the ‘‘Buy America’’ language, to which two companies in Pennsylvania. PROBLEMS WITH THE REVISED CONFERENCE I also objected. Both of these are provi- Vessel propellers of at least 6 feet in AGREEMENT sions to which I also objected. diameter, which benefits companies in When the President vetoed the origi- Mississippi and Pennsylvania, and pos- BUY AMERICA nal conference agreement late in De- sibly Massachusetts. Mr. President, let me take a moment cember, I was hopeful that some of my Enclosed lifeboats, which benefits a to discuss the ‘‘Buy America’’ restric- company in Florida. objections would be addressed in a re- tions in this bill. The conferees did re- Ball and roller bearings, which bene- vised conference agreement. To that move a waiver provision which would fits a company in South Carolina. end, I wrote to Chairman THURMOND on have had the unintended consequence Gyrocompasses, benefiting a com- January 4, 1996, to ask that he revisit of rewarding nations with a history of pany in Virginia. some of these issues. I made it very retaliatory trade practices. However, Electronlic navigation chart sys- clear that I could not support a revised the bill adds ‘‘Buy America’’ restric- tems, benefiting 12 companies in Mary- conference agreement which does not tions for propellers, ball bearings, and land, California, Iowa, Utah, Massachu- address my specific concerns with the many other items which, frankly, are setts, and Virginia. original, vetoed bill. counterproductive to our ongoing trade Steering controls, benefits six com- But my concerns were, unfortu- relations with our most important al- panies in Louisiana, California, Wis- nately, ignored. lies. VETO FIXES As an example, the British placed or- consin, and Georgia. Mr. President, while the conference ders for approximately $5 billion in Pumps, benefiting 25 companies scat- agreement does address the three United States-made defense articles tered throughout the United States. major objections raised by the Presi- last year; United States orders of Brit- Propulsion and machine controls, dent, in my view, the conferees over- ish-made defense items totaled only benefiting a company in California and reacted by stripping two provisions about $800 million last year, a ratio of one in Canada. from the bill and substantially modi- 4-to-1 to our economic advantage. This I find it interesting to note that fying the third. is a somewhat unusual year, in terms these restrictions are usually justified I was disappointed that the conferees of the size of British orders to United on the basis of industrial base con- chose to eliminate entirely the policy States companies. I am advised that, cerns, but in 6 of these 10 cases, there language for national missile defense on average, the British Government are at least 2 U.S. manufacturers of programs. I fully support the early de- purchases twice as much defense equip- these items, and in some cases as many ployment of effective missile defense at ment from the United States as we do as 25 U.S. suppliers. Where is the an affordable cost, which is what the from them. threat to our industrial base for these conferees directed in the original Yet, even with this obvious economic items? agreement. Unfortunately, the con- advantage to the United States of Several provisions in the bill have ferees chose to strike this entire sec- doing business with the British Gov- specific relevance to our defense trade tion from the bill, instead of working ernment, the new restrictions in this with the British. The bill restricts the to modify it slightly to achieve some conference agreement would require purchase of ball and roller bearings; progress toward a meaningful effort to the Pentagon to purchase many items there is a competent British manufac- protect the people of the United States from United States manufacturers turer of these items. The bill also re- from accidental or unauthorized at- rather than allowing competition from stricts procurement of propellers for tacks. British and other foreign manufactur- naval vessels; a competent British The conferees also chose to remove ers. The result is that the U.S. tax- source exists for these items. British entirely the language restricting the payer will not necessarily get the best companies are also capable of pro- President’s ability to place U.S. mili- deal on the price of these goods, and ducing electrical navigation charts, tary forces under the command and our trade relations with our allies will propulsion systems, and a number of control of the United Nations. The suffer as a result. the other items that are limited in this President did object strongly to the re- Let me take a moment to list some bill to American companies. quirement to certify a national secu- of the specific defense items that the This bill adds a number of new Buy rity interest before placing our troops British Government has procured from America restrictions, although not by under U.N. command. However, it United States contractors. any means all of the items the House

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S452 CONGRESSIONAL RECORD — SENATE January 26, 1996 bill would have protected. I can assume America provisions prevailed, they will claim that the program will enhance that there are still other industries have to reevaluate their policies of communications with submarines. Still who might want to take advantage of purchasing defense and other products others claim that the program could the apparent willingness of the Con- from the United States of America. seriously disrupt communications gress to enact this type of protec- I cannot understand why the con- around the globe. tionist legislation. If that were the ferees decided to implement these addi- For a program which has been ongo- case, if even more defense items were tional protections for U.S. businesses. ing for a number of years and which is added to the domestic sources restric- In my view, they are extremely short- estimated to cost $160 million, it seems tions for Pentagon procurement, the sighted, in that they do not take into that a clear military purpose should be negative impact on both foreign and account the distinct possibility that identified for it. And it seems that the U.S. business could be far greater. our trading partners may understand- Pentagon should be requesting funding For example, many British compa- ably decide to retaliate against these for this program if it is of any military nies have entered into teaming ar- unfair, protectionists restrictions by relevance whatsoever. rangements with United States compa- denying the United States access to Some $10 million was earmarked for nies to compete for contracts for some their markets, defense or otherwise. the Thermionics Program, in addition very important United States military It is a bizarre circumstance, in my to $12 million in prior year funds which programs. Shorts Bros., teamed with view, when the U.S. Congress concocts are directed to be transferred to the Lockheed-Martin, is interested in the legislation which operates counter to program. I understand that this ear- Starstreak air-to-air missile system the best interests of the taxpayer and mark was mistakenly dropped in the for the Apache helicopter. British which threatens our positive defense conference agreement. However, in my Aerospace, teamed with Hughes, is in- trade balance with allies like the Brit- view, that does not make any less oner- terested in the AIM–9X advanced short- ish. I generally do not favor trade re- ous the fact that an earmark has been range air-to-air missile program. strictions of any kind. In particular, added in bill language that was not in- Westlands, teamed with McDonnell- the defense trade restrictions con- cluded in either of the Senate or House Douglas, is interested in the EH–101 tained in this bill are not necessary to versions of the bill, or in the original combat support helicopter for the protect any U.S. defense industrial conference agreement. Navy. GEC, teamed with Northrop base. And further, defense trade re- In addition, the revised conference Grumman, is interested in the Army’s strictions negatively affect our defense agreement contains a legislative ear- Infra-red countermeasures program. capability by inhibiting the Pentagon’s mark of $4 million for a Counterterror Judging by the enthusiasm of Con- ability to buy the best weapons sys- Explosives Research Program, which gress for legislating Buy America re- tems at the cheapest cost from any was not included in the bill language in strictions, some of these British com- supplier in the world. either the House or Senate version of panies could, in the future, be pre- I had hoped that the unnecessary re- the bill or in the original conference cluded from competing for United strictions added in this bill would be agreement. Apparently, this earmark States defense business. The secondary removed in the second conference, as was moved from the report language to impact of additional Buy America re- requested in the President’s veto mes- the bill language, in exchange for the strictions would then be preventing sage, but they were not. I intend to inclusion of the thermionics earmark their U.S. teaming partners from com- work to remove these counter-produc- in bill language. An interesting trade- peting for these contracts. That is an tive domestic source restrictions to en- off. outcome that I suspect many of my sure free and open markets for defense The conferees also reversed several colleagues had not considered. goods and services. A true two-way policy decisions contained in the first Mr. President, some of these restric- street arrangement with our loyal al- conference agreement. For example: tions have been in place for many lies, such as the British, is the best The decision to shut down the unnec- years. The Buy American Act of 1933 way to ensure the future availability of essary National Drug Intelligence Cen- implemented the first restrictions on defense items which are vital to the ter in Pennsylvania was reversed, and U.S. Government purchases of foreign- continued readiness of our Armed the new conference agreement provides made products. Since this type of pro- Forces and those of our allies. $20 million for its continued operation. tectionist trade legislation was initi- NEW PROVISIONS AND REVERSALS Mr. President, let me take just a mo- ated, items such as food, clothing, fab- Mr. President, beyond the action of ment to discuss this issue. The fiscal rics, watches, bolts, and nuts have been the conferees in addressing some of the year 1994 Defense Appropriations Act required to be purchased from Amer- major veto objections, it is entirely in- directed DOD to fund the staff and op- ican companies. In the defense field, comprehensible to me that the con- eration of the National Drug Intel- the Pentagon must purchase from ferees decided to add entirely new ma- ligence Center [NDIC], located in American companies such items as terial and to reverse previous good de- Johnstown, PA, for the Department of buses, machine tools, bearings, anchor cisions in order to satisfy some Mem- Justice. Over the past 5 years, DOD has and mooring chains, and numerous bers’ parochial interests. These addi- spent over $102 million in support of other items. tions and changes were not even men- this center. Let me cite one particular instance tioned in the President’s veto message. Because of concern over the amount in this bill. The ball bearing industry Let me review just a few examples of of defense funding being used to fund a in this country has been protected programs which were added in the sec- Department of Justice operation, the from foreign competition for many ond conference agreement. These ear- Senate adopted a provision in its years, but the existing Buy America re- marks were gratuitously added to version of the fiscal year 1996 National striction ended last October. This bill match funding included in the already Defense Authorization Act limiting extends the restriction until the year enacted Defense Appropriations Act. DOD support to providing 36 skilled 2000. It seems to me that, if an Amer- Some $10 million was earmarked for technicians. What this means is that ican company cannot position itself to Aurora Borealis research, called the the DOD would no longer pay the sala- compete in the international market- HAARP Program, in Alaska. ries of the 209 Department of Justice place after a period of protection from This program is a perennial congres- employees at the center, nor would it competition, perhaps there is more sional add-on, and its relevance to pay for the travel and other associated benefit to the American taxpayer in military requirements is completely costs of these employees. I believe that permitting foreign companies to com- inexplicable; 2 years ago, the program this is more than fair. If the Attorney pete for that Government business was described as a technology which General believes that NDIC provides a than in propping up a weak American would allow the United States military valuable service to Justice Department concern. to locate tunnels and caverns in North operations, then the Department of Mr. President, I talked with the Brit- Korea which could hide artillery Justice should pay for its operations. ish Defense Minister last week. The pieces. Last year, an article in the The original conference agreement British Defense Minister made it very Washington Post, April 17, quotes Pen- included the Senate’s provision. Unfor- clear, very clear, that, if these Buy tagon and contractor officials who tunately, when the bill came back from

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S453 conference the second time, the re- I suspect also that this provision was The examples I have cited today— strictions had been removed and $20 waived because the five specific pro- which bear little or no relevance to million was authorized for operation of grams for which appropriations were military requirements—are the most the center in fiscal year 1996. provided without authorization are dangerous kind of pork-barrel spend- Mr. President, there is no defensible programs which have special interest ing. By approving the earmarks and reason this issue was reopened in con- for certain Members of Congress. The add-ons in this bill, Congress is divert- ference. It was not mentioned in the programs for which the original con- ing scarce defense resources from other President’s veto message. Nobody has ference agreement had prohibited the important defense programs which are been able to justify why the Depart- obligation of unauthorized appropria- necessary to ensure the security of our ment of Defense should be paying the tions were: $2.4 million for the TAR- Nation. No other wasteful spending bill for this Department of Justice op- TAR support equipment program for carries with it the potential for such eration. Apparently, however, one pow- the Navy; $8 million for natural gas great danger. The American public erful Member of Congress had a special utilization equipment for the Navy; should be disturbed by this egregious interest in this project, and so it was $7.5 million for a munitions standard- waste of their money, and for this rea- restored. ization-plasma furnace technology pro- son, I intend to vote against this re- The conferees also reversed a deci- gram for the Army; $2 million for a vised conference agreement. sion of the first conference to prohibit cold pasteurization/sterilization pro- Mr. President, I spoke earlier about the Department of Defense from enter- gram for the Army, and $500,000 for an my respect for Chairman THURMOND ing into a long-term lease agreement air beam tents program for the Army. and the role of the Senate Armed Serv- for a financial management edu- By striking the prohibition on spend- ices Committee in the authorization cational institution in Southbridge, ing approximately $20 million for these and appropriation process. Looking at MA, without benefit of competitive, five programs, this revised conference the magnitude of the wasteful spending merit-based selection. This is, of agreement provides a retroactive au- in this bill, and the unprecedented de- course, unacceptable, Mr. President. thorization for these unauthorized ap- gree of earmarking of funds for the Again, let me take a moment to dis- propriations, a decision with which I narrow interests of some Members of cuss this provision in the revised con- strongly disagree. Congress, my disappointment tempts ference agreement. While I understand Mr. President, again, I find it incom- me to rethink my view of the commit- that the legislation still requires the prehensible that the conferees on this tee’s role in the process. However, I am Department of Defense to choose the bill decided to reconsider matters convinced that the bill before the Sen- site of the Defense Business Manage- which had been resolved by the full ate today is an anomaly and not a har- ment University by using a merit- conference and which had nothing binger of the authorization process in based competition, I believe that the whatsoever to do with the President’s the future. I will certainly do every- original conference agreement was veto of the original conference agree- thing in my power to ensure that the much clearer in demonstrating the in- ment. committee retains its traditional, non- tent of Congress that such a site be ORIGINAL OBJECTIONS REMAIN parochial approach to oversight of de- chosen on its merits. I am also distressed that none of the fense policy and budget issues, with the I believe that the administration provisions to which I objected in the best interests of our military services made an error in judgment when it de- first conference agreement were satis- and our national security as the high- cided to spend $69 million on a lease for factorily addressed in this new agree- est priorities. a privately-owned facility which will ment. So, like the first conference Mr. President, I want to say again if have to be substantially renovated to agreement, nearly $4 billion of the $7 we continue to do this, if we continue accommodate the requirements of a billion in defense spending added by to add unneeded, unwanted, unneces- teaching institution. There is no jus- Congress is wasted on unnecessary pro- sary pork barrel spending on defense tification for this when there are suit- grams like the B–2 bomber, low-pri- authorization appropriations bills, the able facilities, already designed and ority military construction projects, American people will lose confidence equipped to perform this activity, at unrequested equipment for the Guard that their defense dollars earmarked many of the military bases that are and Reserve, earmarks for Members’ for defense are being wisely and effi- being closed through the BRAC proc- special interest items, and the like. ciently spent and we will not get the ess. CONCLUSION necessary funds to maintain this Na- I have always maintained that com- Mr. President, for reasons which are tion’s vital national security interests. petition should be used in selecting not readily apparent to me, not all This has got to stop, Mr. President. I sites to host Federal facilities, and I members of the Armed Services Com- hope that next year we can begin anew will be monitoring the selection proc- mittee were appointed as conferees for and recognize that we cannot do these ess of this site to ensure that the the second conference on this bill. I things because we do not have the American taxpayer’s interests are pro- and a number of my other committee money in the defense budget anymore, tected. colleagues did not serve as conferees, and it is an abrogation of our respon- Finally, Mr. President, the conferees and therefore, we did not have an op- sibilities to the American taxpayer. struck from this revised agreement the portunity to discuss or vote on any of Mr. President, I yield the floor. prohibition on obligating funds for five the changes included in this new agree- Mr. KENNEDY. Mr. President, I sup- unauthorized, earmarked projects con- ment. port the conference report on the De- tained in the fiscal year 1995 Defense For many years, I have been dedi- fense Authorization Act for Fiscal Year Appropriations Act. cated to exposing to the public in- 1996, S. 1124. Mr. President, since the days of John stances of congressional mismanage- I voted against the earlier conference Tower’s chairmanship of the Senate ment of taxpayer dollars. I have spoken report last December. That bill had Armed Services Committee, the Senate out against wasteful spending and ear- many serious defects that would have Armed Services Committee has faith- marks whenever it appears, whether in harmed our national security, rather fully fulfilled its role of authorizing authorization or appropriation legisla- than strengthening it. President Clin- the expenditure of defense funds. While tion. But the wasteful spending that is ton vetoed the bill, and the veto was there is some disagreement about the most offensive to me is that which is sustained by the House of Representa- extent to which the authorizing com- included in defense spending bills. tives earlier this month. mittee should insist on a say in the al- Pork-barrel spending of defense dollars In the conference, the Senate and location of funds, the committee has diverts resources from higher priority House have reconsidered many of the maintained a clear oversight role in military requirements and potentially key issues cited by those of us who op- this regard. Unfortunately, the deci- squanders the support of the American posed the bill and by the President in sion of the conferees to strip this provi- people for an adequate defense budget, justifying his veto. Both sides have sion from the bill essentially waives and without that support, insufficient made a genuine effort to reach com- the requirement that appropriations resources devoted to defense may po- mon ground. As a result, the current must be authorized on a line-item tentially endanger the security of our bill contains many noteworthy im- level. people. provements.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S454 CONGRESSIONAL RECORD — SENATE January 26, 1996 I want to commend the Committee and cruelty that underlie it, and will care for both active duty personnel and Chairman, Senator THURMOND and the repeal it as soon as possible. I believe reservists; additional increases in spe- distinguished Ranking Member, Sen- that a majority of Congress favors its cial pay and allowances; and COLA eq- ator NUNN, as well as their counter- repeal, and I will work over the year uity for military retirees. parts in the House, Congressman ahead to achieve such repeal. In addition, this bill enacts a plan, SPENCE and Congressman DELLUMS, for The conference report also includes a which I introduced in the Senate, for their leadership in guiding this con- provision that prohibits service women the construction of nuclear attack sub- ference. In addition, I commend Sen- based overseas from obtaining abor- marines that will ensure adequate and ator EXON, Senator WARNER, Congress- tions with their own private funds in effective competition in the years man MONTGOMERY and Congressman U.S. military medical facilities. I op- ahead. BATEMAN and the other conferees for posed this provision when it was in- All of these things would have been their constructive roles in producing cluded in the Defense Appropriations lost if we had not been able to reach a this much improved bill. bill, and I oppose it now. We have al- compromise. First and most important, the provi- ways provided access for service women However, we should not lose sight of sion in the earlier bill calling for de- overseas to obtain the same quality the important provisions which we ployment of a national missile defense health care available to those on duty were forced to drop in order to get the system has been dropped. That provi- in the United States, and continue to President’s commitment that he would sion would have called upon the United do so. sign the conference report. I would like States to violate the landmark Anti- I am also concerned about several to join with my Republican colleagues Ballistic Missile Treaty, waste billions issues related to the shipbuilding pro- in putting all on notice that the battle of dollars on an unnecessary visions in the bill. We have examined for enactment of these provisions is far system, and would have undermined these provisions in detail in the from over. Despite President Clinton’s objec- the START II Treaty with Russia. That Seapower Subcommittee, and I believe tions, I believe that it is vital that we provision was the worst defect in the they will cause uncertainty, ineffi- enact a plan to provide for the deploy- earlier bill, and I commend the con- ciency, and unnecessary expenditures ment of an effective ballistic missile ferees for deleting it. in the Department’s shipbuilding pro- defense system for our nation. This is a In addition, two other objectionable gram. basic responsibility of a government to provisions were dropped. One would Finally, I oppose the bill’s endorse- provide for the security of its people. have limited the ability of the Presi- ment of $7 billion in spending above the We have not done enough in this area. dent to put U.S. Forces under oper- level requested by the Pentagon. This I am pleased that the provisions on ational or tactical control of the is the level of spending provided in the theater missile defenses which will pro- Defense Appropriations bill, previously United Nations. Limiting the Presi- vide protection for our troops deployed enacted, which I opposed. It is wrong dent’s control of U.S. forces in the field overseas were retained in the final for Congress to force the Administra- restricts his constitutionally-guaran- version of this bill, but we must con- tion to accept a level of defense fund- teed powers as commander-in-chief. tinue to push for a national missile de- In addition, the previous bill re- ing above what the Joint Chiefs of fense system. stricted the President’s ability to carry Staff and the Secretary of Defense have As I listened to the President’s State out contingency operations as he sees requested. of the Union address earlier this week, fit. This too was an unwarranted re- It is especially wrong to do so at a I was struck by the President’s com- striction on the President’s ability to same time when key programs that ments that Russian missiles are no carry out his duties and to deploy benefit other Americans are being se- longer targeted at America’s children. troops whenever and wherever U.S. se- verely shortchanged by Republican As we all know, those missiles can be curity demands it. budgets. ‘‘Let the Pentagon eat cake’’ retargeted on a moment’s notice. The Despite these key improvements, ob- is no answer to our budget impasse. Russian capability to destroy our na- jectionable provisions in the bill re- Despite these defects, I believe that tion with their intercontinental bal- main. One of the worst provisions calls on balance, the overall bill deserves to listic missile force remains. for the mandatory discharge of any be enacted. We need to protect our na- Moreover, the capability of Third members of the armed forces found to tional defense, and this bill is already World countries and rogue nations or be HIV-positive. This provision has no long overdue in the fiscal year. The terrorists to acquire weapons of mass legitimate purpose. worst defects in the earlier bill have destruction and ballistic missile deliv- It singles our for discriminatory been eliminated, and we will continue ery systems is growing. treatment a group of loyal American to seek opportunities in other ways to The way to ensure that our children servicemen and women who have con- remedy the remaining defects. will be protected is to build a defensive tracted HIV. These men and women are Mr. WARNER. Mr. President, I am capability to counter such attacks. I still able to serve in the armed forces, pleased to join with the distinguished would rather rely on a United States and they do so under the same condi- chairman of the Armed Services Com- defense system, rather than Russian tions as troops who suffer from other mittee in supporting the conference re- promises, to protect our great land. debilitating diseases, such as hepatitis, port on the DoD authorization bill I am working with my Republican cancer, diabetes, asthma, or heart dis- which is currently before the Senate. colleagues to draft legislation on na- ease. Those individuals, however, are Although this bill is the result of fur- tional missile defense, which we will not summarily discharged, and neither ther compromise with the administra- introduce in the near future. should persons with HIV. tion and, therefore is not all we hoped The second issue I would like to ad- The Defense Department opposes this for, it is still a good bill. dress is U.N. command and control. I provision. The Department is able to We must keep in mind that there are have grave reservations about placing meet the needs of force readiness and important items in this Conference Re- U.S. troops under U.N. command and treating these individuals with respect port that would have been lost if a control. That is why I joined, over a for the service they provide their na- compromise had not been reached and year ago, with Senator DOLE and oth- tion. the President’s veto had been allowed ers in cosponsoring S. 5 to put condi- Soon, stories will begin to appear of to stand. tions and restrictions on the Presi- loyal soldiers, sailors, marines, and air- In addition to a pay raise of 2.4 per- dent’s ability to place U.S. troops in men who have been thrown out into the cent and a 5.2 percent increase in basic such command arrangements. Unfortu- street, denied the chance to continue quarters allowance, there are numer- nately, even the scaled-back version serving their country, unable to obtain ous other provisions in this bill to en- which appeared in the original con- health insurance for their family mem- hance the quality of life for our mili- ference report on this issue—which es- bers who are also afflicted with this tary personnel and their families, in- sentially amounted only to a reporting condition. cluding new authorities to improve the requirement—was rejected by the I hope that supporters of this provi- quality and quantity of military hous- President. Again, this issue will not be sion will recognize both the bigotry ing; to improve health care and dental forgotten.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S455 As a final note, I would like to com- whereby the United States and the So- potential nuclear threats—the most ment on the President’s objections to viet Union sought to overcompensate likely nuclear danger to the United the additional $7 billion contained in for one another’s ballistic missile de- States is not a massive, preemptive this conference report—an amount that fenses by increasing their offensive ar- Russian strike, but the deliberate or was above the President’s request for senals. accidental launch of a few warheads. defense. At the time that the President But, Mr. President, I find all of the Such a danger is unpredictable, and other administration officials are evidence pointing to a contrary conclu- undeterrable, and something to which complaining about added dollars for de- sion. The ABM Treaty did not stop the the United States—currently without fense, they are finding more and more explosion in offensive arsenals between any national missile defense whatso- ways to spend those defense dollars. the two sides. The Soviets increased ever—is completely vulnerable. I learned this morning that the Bos- the number of deliverable nuclear war- Ironically, though the possibility of nia operation is now estimated to cost heads in their arsenal from 2,000 in an outright nuclear exchange between $2.5 billion. This is up from the original 1972, to 12,000 today. Furthermore, it Russia and the United States is at an estimates of $1.5–$1.9 billion. And this was robust missile defense programs all-time low, the risk of mishap has not does not include the roughly $600 mil- that proved conducive to arms con- decreased proportionately to reduc- lion in reconstruction aid for Bosnia to trol—not arms control itself. Above all tions in the Russian nuclear arsenal. In which we have committed. I was else, the Strategic Defense Initiative fact, the post-START II Russian force alarmed to learn that the Administra- broke the logjam on offensive reduc- will be far more mobile than its pre- tion will propose that at least the first tions. SDI forced the Soviets to the dominantly silo-based predecessor. $200 million in reconstruction aid will table on the Intermediate-range Nu- This poses a potential problem for be paid for out of the DOD budget. In clear Force Treaty, and contributed to command and control of the arsenal in my opinion, this is but the first step in START and the treaty on conventional the event of internal turmoil in Russia. a raid on the defense budget to find the armed forces in Europe. Mr. President, I believe that the re- duction of the U.S. strategic offensive vast sums that will be needed to re- But—and I say this emphatically— arsenal under START and START II build Bosnia. I will resist this effort the administration has forgotten, or can only be conducted in connection and work with my colleagues to find chosen to ignore, these facts. Today we with a review of U.S. deterrence doc- alternate, nondefense sources of funds are being asked to consent to ratifica- trine and the value of strategic missile for this portion of the Bosnia mission. tion of the START II Treaty when this defenses in ensuring U.S. national se- The Defense Department is doing more country has suffered a massive blow to curity. A clearly articulated defense than its fair share. It is time to look its plans to defend its citizens against strategy and credible national missile elsewhere for a bill payer. nuclear weapons. This is completely at defense system possess a deterrent In addition to the Bosnia operation, odds with the intent of START II. I value of their own, and need not there are ongoing contingency oper- urge Senators to recall that the Joint threaten the viability of the Russian ations in other nations—also not budg- Understanding of June 17, 1992—which nuclear deterrent. eted for—that will result in a request created the framework for the START For this reason I have directed the for approximately $500 million in sup- II Treaty—was concluded simulta- Committee on Foreign Relations, in plemental funding for the Defense De- neously with a Joint Statement on a consultation with the Committee on partment in the current fiscal year. Global Protection System against bal- Armed Services and other appropriate Add to that the millions of dollars listic missiles signed on the same day. committees, to undertake a com- DOD will pay for the F–16s that we This fact is explicitly referenced in the prehensive review of the continuing have recently promised to send to Jor- Preamble to the START II. Yet United value of the ABM Treaty. In this re- dan, and you see how our defense dol- States-Russian discussions on coopera- gard, I reiterate my opposition, as I lars are quickly eroding. tion on defenses against ballistic mis- stated it this past September, to the Mr. President, I strongly believe in siles have fallen by the wayside. And creation of yet another special Select maintaining a robust defense capa- today, with both the Defense Author- Committee replete with bureaucratic bility. This conference report—despite ization Act and START II before us, I trappings, staff, and cost to the Amer- its shortcomings—contributes to that see neither hide nor of any protec- ican taxpayer for the purpose of re- goal. tion against these abhorrent weapons. viewing this treaty. We already have DEFENSE AUTHORIZATION ACT: NO PROVISION At the heart of this matter is the standing committees with the responsi- FOR MISSILE DEFENSE perverse logic of the ABM Treaty, bility for making these determinations Mr. HELMS. Mr. President, I am which argues that vulnerability to and recommendations, and we are not deeply troubled that the Defense Au- these weapons is essential to stability. going to add another layer of bureauc- thorization Act for fiscal year 1996 con- There are a number of factors that racy to this task. tains not a syllable of the decisive lan- bring into question the value of this Mr. President, in conclusion, I sup- guage regarding ballistic missile de- line of reasoning in the post-cold-war port this Defense Authorization Act fense so prominent in the original bill. world. Thanks in no small part to SDI, since I shudder to think what this ad- When he vetoed the original authoriza- we have made major technological ad- ministration might do without the tion, President Clinton gutted provi- vances in the last quarter of a century guidance that is contained in this bill. sions designed to ensure the protection which make ballistic missile defenses I do not, however, regard the issue of of American citizens against attack by both feasible and affordable. national missile defense to have been ballistic missiles carrying nuclear, Also, there has been a considerable resolved, and will actively work to see chemical, or biological warheads. improvement in relations between the that Americans are protected against So, Mr. President, America is being two countries following the dissolution attack by ballistic missiles. held hostage to an outdated concept of of the soviet Union. At its most basic Mrs. BOXER. Mr. President, I have deterrence that is truly MAD. I have level, the logic of the ABM Treaty as- divided feelings about the Conference come to this floor to challenge the wis- sumes hostility between Russia and the Report on the fiscal year 1996 Depart- dom of the ABM Treaty innumerable United States. Clearly, while there are ment of Defense authorization bill. I times, and I feel obliged to do it again. movements afoot in Russia that are ex- am very pleased that the conferees The frenzied, fanatical defense of the ceedingly troublesome, we are no have retained my amendment prohib- ABM Treaty by some is rooted in the longer grappling in a cold war embrace. iting members of the Armed Forces mentality of the cold war. Most important, the mounting prob- convicted of serious crimes from re- The truth is, the threat to the United lem of WMD and ballistic missile pro- ceiving their pay. Also, I am pleased States has changed, and a lot of folks liferation, the uncertainties of the new that the conferees deleted language have missed the boat. The intent of the security environment which com- mandating the deployment of an anti- ABM Treaty, formulated in the midst plicate the role of deterrence, and con- ballistic missile system—a clear viola- of the cold war, was to circumvent the tinuing concerns over the potential for tion of the ABM treaty. possibility of an expensive and poten- turbulence in the former Soviet Union However, I am compelled to vote tially dangerous action-reaction spiral all suggest that—in a world of multiple against the bill because, among other

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S456 CONGRESSIONAL RECORD — SENATE January 26, 1996 objectionable provisions, it includes a ing HIV infection, diabetes, asthma, weapon reductions. The original con- House provision that requires the sepa- heart disease, cancer, and pregnancy. ference report substituted language ration of military personnel who test This policy, developed by the Reagan that was strongly opposed by our top positive for HIV. This provision is cruel administration, allows individuals to military leadership and that President and nonsensical. It has had no rational continue to provide valuable military Clinton warned would result in a veto. basis whatsoever. The Department of service to their country until such This new conference report drops the Defense opposes this policy change. time as chronic illness or disability language on national missile defense, The current policy—developed in the makes them unfit to perform their du- although it retains a half-billion dollar Reagan and Bush administration— ties. Singling out the 1,050 service increase in NMD above what the Pen- works well. Under current policy, mili- members who are HIV-positive for tagon requested. It leaves in place cur- tary personnel who test positive are early separation is discriminatory and rent law regarding the objectives and permitted to keep their jobs, so long as highly inappropriate. policies of this country on NMD, which they are physically able. HIV-positive Beyond the pure and simple discrimi- are compliant with the ABM Treaty. personnel are not eligible for most natory nature of this provision, let’s The conferees also dropped objection- overseas deployments. look at it as a practical matter. The able restrictions on the President’s au- Currently, HIV-positive personnel are American people have put a lot of thority as Commander in Chief, and a treated in the same manner as other money and resources into the training requirement regarding how he must soldiers with chronic ailments such as and development of these service mem- pay for so-called contingency oper- diabetes and heart disease. Only about bers. Their discharge based solely on ations. They also dropped a provision 20 percent of the roughly 6,000 world- their status as HIV-positive throws undermining the independence of oper- wide nondeployable troops are HIV- away the valuable people and taxpayer ational test and evaluation of the Pen- positive. This provision would unfairly dollars that have been invested in tagon’s new weapon systems. single out HIV-positive troops for sepa- them. But, Mr. President, I oppose this con- ration. No one wins with this provision. The ference report for many of the same This provision simply makes no service members are unfairly and inap- reasons I voted against the previous sense. Why should the Pentagon fire propriately treated, the armed services version. It provides $7 billion more military personnel who perform their lose valuable leadership and resources, than the Pentagon requested for de- duties well and exhibit no signs of ill- and the American people lose a valu- fense budget authority. It funds numer- ness? This would waste millions of tax able investment. ous weapons systems not requested by dollars in unnecessary separation and No one can deny that the HIV infec- the Pentagon in fiscal year 1996, in- retraining costs. tion can lead to the deadly AIDS virus. cluding $493 million for B–2 bombers, Backers of this provision argue that In the same regard, no one can deny $361 million for F–15 fighters, $159 mil- HIV-positive personnel degrade readi- that cancer is a deadly disease. lion for F–16 fighters, $2.2 billion for ness because they are not eligible for HIV-positive service members are amphibious assault ships, $30 million worldwide deployment. This argument still capable of making many contribu- for hydronuclear tests and $30 million is absurd on its face. Can anyone seri- tions to the armed services. for antisatellite weapons that we do ously contend that about 1,000 per- Anyone who believes that HIV-posi- not need. This bill also boosts other sonnel—less than 0.1 percent of the ac- tive individuals are no longer valuable, program funding significantly above tive force—could have a meaningful vibrant individuals I suggest that you the Pentagon’s request, adding $915 impact on readiness? think back to the 1992 Olympic games. million for ballistic and cruise missile Assistant Secretary of Defense Fred Magic Johnson who is HIV-positive led defense above the President’s request Pang clearly expressed the Depart- our country to a gold medal in basket- and $317 million for helicopter pro- ment’s position, writing, ‘‘As long as ball. grams beyond what was sought. these members can perform their re- We must utilize all of our resources if This level of defense spending is quired duties, we see no prudent reason we are to remain the strongest, most unsustainable and these unrequested to separate and replace them because powerful Nation the world has ever expenditures are inconsistent with na- of their antibody status. However, as known. We simply cannot afford to tional priorities. Additional military with any service member, if their con- close the door of service members be- spending beyond what the Department dition affects their performance of cause of their status as HIV-positive. of Defense requested in fiscal year 1996, duty, then the Department initiates This provision will set a dangerous especially for items the Pentagon does separation action; the proposed provi- precedent. It is built on fear and igno- not want and does not need, is reckless sion would not improve military readi- rance, not facts. I hope that we repeal and unwise. Defense Secretary Perry ness or the personnel policies of the this misguided provision later this said this week that such excess spend- Department.’’ year. ing will cause a catastrophe for the De- Lt. Gen. Theodore Stroup, Jr., Army Mr. LEVIN. Mr. President, the De- fense Department. Deputy Chief of Staff for Personnel has fense authorization conference report While many Federal programs face echoed these sentiments, writing, ‘‘It is before us is somewhat different from enormous cuts, defense spending has my personal opinion that HIV-infected the earlier conference report the Presi- been left off the table. This bill creates soldiers who are physically fit for duty dent vetoed. For instance, it removes a ‘‘bow wave’’ of future spending re- should be allowed to continue on active the provision that would have created quirements for unneeded items, which duty.’’ the most immediate security problem. will swamp our efforts to preserve Mr. President, this provision is cruel The conferees have removed the ex- readiness, high morale, targeted mod- and unnecessary, and its inclusion in treme provisions mandating deploy- ernization, and technological superi- this final conference report compels me ment of national missile defenses that ority in the U.S. Armed Forces. to oppose it. are not warranted by the threat, would I also continue to object to this bill’s Mr. LEAHY. Mr. President, I strong- cost tens of billions of dollars, and earmarking of National Guard and Re- ly object to the provision included in would violate the ABM Treaty. We had serve equipment, specified procure- the DOD conference report that targets extensive debate on this issue in this ment of ship building and maintenance service members who are HIV-positive body. The Senate-passed Defense au- contracts at particular shipyards, and for mandatory discharge. The Depart- thorization bill contained very care- mandated construction of submarine ment of Defense did not seek and does fully crafted, bipartisan compromise prototypes. not support this change in policy. This language setting out parameters for In the personnel area, this bill still is a provision built on fear and igno- national missile defense [NMD] that contains a very unfair provision man- rance and will undermine the strength would not violate or commit us to vio- dating discharge for service personnel of our military. late the ABM Treaty, and would not who test positive for the HIV virus. Under current law, service members needlessly provoke Russia into a more And it treats our servicewomen over- become nonworldwide deployable due aggressive defense posture, nor provide seas worse than we treat them at to a number of medical reasons includ- a reason for Russia to abandon nuclear home, by placing a ban on privately

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S457 funded abortions in overseas military tional missile defense, United Nations of time established by the court. The hospitals. command and control, and contingency court may conduct the proceeding re- So, Mr. President, regrettably I will operations funding—the record must quired by this section according to the vote no on this conference report. reflect, and the American public should pertinent rules of practice of the U.S. Mr. DODD, Mr. President, I rise this understand, that this bill is rife with Court of Federal Claims to the extent afternoon in strong opposition to the unsound policy and extravagant spend- feasible, including providing the oppor- 1996 DOD authorization conference re- ing priorities. I will not recount my tunity for written submissions and a port. I do so with considerable regret earlier statements as to the particulars hearing. In order to ensure timely com- and concern for our national defense of my concerns except to note that the pletion, any submissions or hearing budget. conference report before the Senate is should conclude no later than 120 days The bill before us is essentially iden- still chock full of 7 billion dollars’ after the date of enactment of this act. tical to the bill first proposed in Sep- worth of unrequested, unneeded, and I would also like to clarify that the tember. And while I respect the efforts unjustified spending, much of which is phrase in paragraph (2), ‘‘required by of the distinguished chairman and earmarked for pet projects in Member law’’ should be read to include both law ranking member for bringing a more districts and States. Force-feeding the and equity. balanced bill to this body, my funda- Pentagon $7 billion it does not want at Finally, I would encourage the court mental reservations regarding the a time when many worthy domestic to consider the position taken by the overall spending levels contained in programs are slowly being bled dry by Senate in section 822 of S. 1026 when this legislation remains unchanged. the majority is indeed difficult for this addressing this matter. Let me once again state for the Senator to accept. Mr. THURMOND. I agree with the record, this bill contains spending in- However, the conference report is by statement of the Senator from New creases that were neither requested by no means without merit. To the con- Hampshire. the Pentagon, nor budgeted for by the trary, it contains important and essen- Mr. NUNN. As the ranking member President. In fact, almost $7 billion in tial statutory authorizations and pro- of the committee, I also concur with excess spending is authorized by this grammatic funding which, in my opin- the Senator’s statement. Mr. GLENN. Mr. President, I sin- bill. In an era of wholesale budget re- ion, will enhance both the readiness cerely regret that I must again rise in ductions, fiscal freezes on educational and capabilities of our Armed Forces. opposition to this year’s defense au- grants, and elimination of entire To deny the Pentagon these positive thorization legislation. This is a new health programs, I cannot in good con- aspects of the defense authorization position for me this year. During my science vote for passage of this bill. bill due to the conference report’s tenure in the Senate, spanning more In addition to my fiscal reservations, counterbalancing flaws—many of than two decades, I have been a vocal I am absolutely appalled at the codi- which have already been signed into supporter of the need for a strong and fying language to discharge military law through the defense appropriations adequately funded national defense. members diagnosed to be HIV positive. bill—would be unwise. In my opinion, My commitment to a strong defense is I understand that service members passage of the conference report is war- the reason that I sought membership with HIV will be afforded some meas- ranted, but not by much. On balance, I on the Committee on Armed Services. ure of medical care within the DOD believe the Nation will be better off if As the former chairman of the Sub- system. However, I am extremely con- this bill is allowed to become law. committee on Manpower, I continue to cerned about the plight of their fami- While I will support passage of the be a strong supporter of our military lies and children who will ultimately conference report, I will put my col- members and their families. And, as lose a level of their medical coverage leagues on notice that when the Armed the former chairman and now ranking because of this policy. They are the ul- Services Committee begins delibera- member of the Subcommittee on Read- timate victims here. tions of the fiscal year 1997 authoriza- iness, I support keeping our forces Let me also say to my colleagues tion bill later this spring, improve- ready—that is keeping them trained that I am fully aware that the Presi- ments must be made in the markup and equipped to fight and win today dent has indicated he will sign this bill and conference process to make it wherever they are called upon to fight. when it arrives at the White House. more bipartisan and less exclusionary. I also recognize the equally critical While I respect his decision, I must If substantial changes in style and sub- need to invest in our ability to protect also respectfully disagree with that de- stance are not made, I fear we are des- our freedom and our security in the fu- cision. tined to relive the mistakes of this ture by funding the kinds of research In closing, I am deeply troubled by year, the effect of which has us still de- and modernization programs that have what is occurring here today. We are bating a defense authorization bill in made U.S. military forces the most charting a course for further defense late January, 4 months after the fiscal combat capable and consequently the spending that we may ultimately be year began. most feared forces in the world unable to sustain in later years. The Mr. President, I yield the floor. throughout the better part of this cen- out year costs for some of the pro- CABLE TV FRANCHISE AGREEMENT tury. I make these background com- grams that have been added in this bill Mr. SMITH. Mr. President, as chair- ments, Mr. President, in order to place may very well consume entire future man of the Subcommittee on Acquisi- my continued opposition to this year’s year procurement accounts—effec- tion and Technology, I would like to defense authorization legislation in the tively strangling vital programs that engage the chairman of the committee proper context. have been legitimately requested and in a colloquy regarding the section in This is the second time around for budgeted for development. I raise this the legislation entitled ‘‘Treatment of this conference report. There were issue now, with the full intention of Department of Defense Cable Tele- many important and supportable provi- continuing this debate during review of vision Franchise Agreements.’’ sions in the original conference report the 1997 defense budget submission. It has come to my attention that the that remain in this bill, like the 2.4- Mr. EXON. Mr. President, the 1996 de- Court of Federal Claims may have percent military pay raise, the 5.2-per- fense authorization conference report some concerns about the task we as- cent increase in the basic allowance for before the Senate is by no means a per- sign it in this section, given that it is quarters, the new housing initiative, as fect bill. As one who voted against the not equipped to provide advisory opin- well as important acquisition reform original version of this bill when it was ions unless specific facts and parties measures. considered last December, I am aware are involved. Therefore, I wish to make Furthermore, some critical improve- that numerous flaws remain in the leg- clear that it is the committee’s intent ments to the conference report are islation that will trouble many of my that the court allow the executive worth noting. I am pleased that the colleagues a great deal. While it is true branch and any party with a franchise conferees eliminated the language re- that the majority has yielded to the agreement in the section to part par- quiring the deployment of a national three top objections raised by the ticipate in the proceeding required by missile defense system by the year President in his veto message—those this section by identifying themselves 2003. And, I am pleased that the lan- legislative provisions dealing with na- promptly to the court within a period guage restricting participation of U.S.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S458 CONGRESSIONAL RECORD — SENATE January 26, 1996 forces under U.N. command and control practice to which I strongly object. promptly on this important nomina- was dropped. Neither the House bill nor the Senate tion. Nevertheless, this bill remains too bill included funding for the HAARP Mr. THURMOND. Let me assure the flawed to support. Mr. President, for Program, the Thermionics Program or distinguished Senator from Nebraska starters, this bill still adds $7 billion in the Counterterror Explosives Research that I concur with his views as to the unrequested funding. With that added Program. Yet, almost $20 million is importance in bringing about a smooth $7 billion, this conference report, in my earmarked in this conference report for and timely change of command at the view, spends more and buys less. these programs. Regardless of the U.S. Strategic Command. To this end, I As we are all painfully aware, we are merit or requirement for these pro- will take every step possible, in con- in the midst of a budget struggle that grams, I object to their inclusion in the sultation with Senator NUNN, the rank- has twice closed the Government and conference report because they were ing member on the committee, to expe- has called into question the future ex- beyond the scope of the conference. dite Armed Services Committee action istence of virtually every Federal do- This approach to drafting defense au- on the nomination and seek Senate mestic program. Yet, we are asked in thorization is a dramatic departure confirmation prior to the change of this legislation to approve a $7 billion from the practice of the Armed Serv- command scheduled in February. increase for the Pentagon. Seven bil- ices Committee. For at least as long as Mr. EXON. While I would prefer that lion dollars the Pentagon didn’t re- I have served on Armed Services, the the Senate remain in session so as to quest and, with few exceptions, $7 bil- committee has made its funding deci- continue its work on the unfinished lion in budget authority for programs sions based on our national security re- business of the Nation, including this the Pentagon doesn’t need in this quirements, not based on parochial in- and other important executive branch year’s budget, if at all. terests. nominations, I do appreciate the chair- I could have supported additional Mr. President, I hope that this year’s man’s willingness to expedite this par- funding for the Pentagon, if I believed defense authorization process is only ticular matter. He is a good friend and it was funding the Pentagon needed. an aberration or false start rather than I thank him for his commitment to see But the $7 billion in this conference re- a glimpse of the Armed Services Com- that the Senate act on the Habiger port, like its predecessor, still wastes mittee’s future. I hope that the com- nomination in a timely fashion. that money. It adds $450 million for na- mittee’s next attempt to draft legisla- Mr. President, I yield the floor. tional missile defense—bringing the tion that will pass both Houses and be Mr. BINGAMAN. Mr. President, I will total funding to $820 million. The con- signed by the President will not rep- vote against the conference report on ference report still adds $493 million resent merely a sufficient number of S. 1124, the second fiscal year 1996 Na- for the B–2 and, if that half a billion special interest items to make the bill tional Defense Authorization Act dollar nest egg is used to bring produc- passable but will mark a return to the which the Senate has considered. tion beyond the 20 B–2’s already ap- committee’s tradition of making a This bill is clearly better than the proved, that $493 million is a mere nonpartisan and objective assessment, bill the President vetoed last month. A down payment on billions more for the in which all committee members are truly awful bill has been transformed B–2. welcome and expected to participate, into a merely bad bill by stripping it of The conference, report still buys F– of what is in the best interest of our a series of provisions that never made 15’s, F–16’s, F/A–18’s, LHD’s, LPD’s, national security. any sense. The provision on deploy- DDG’s the Pentagon didn’t ask for. Thank you, Mr. President. I yield the ment of national missile defense by The conference report still spends $30 floor. 2003 has been eliminated. The provi- million for nuclear testing. NOMINATION OF GEN. EUGENE HABIGER TO BE sions on command and control of U.S. It still earmarks $770 million in COMMANDER IN CHIEF OF THE U.S. STRATEGIC military forces and contingency oper- unrequested National Guard and Re- COMMAND ations have been eliminated or turned serve equipment. Mr. EXON. Mr. President, Adm. into sense-of-the-Congress language. Furthermore, the conference report Henry Chiles, the Commander in Chief The provisions undermining the land- still discriminates against service of the U.S. Strategic Command at mine moratorium and eliminating the members and their dependents by pro- Offutt Air Force Base, is scheduled to director of Operational Test and Eval- hibiting abortions in overseas military retire on March 1, 1996, after a lengthy uation have been removed. The sale of medical facilities. The conference re- career of exemplary service to his the Naval Petroleum Reserve at Elk port still discriminates against HIV-in- country. Air Force Gen. Eugene Hills has been extended to 2 years fected servicemembers by requiring Habiger has been nominated by Presi- while the safeguards protecting the their discharge. dent Clinton to replace Admiral Chiles taxpayers’ interest have been main- The conference report still disregards and a change of command ceremony is tained. I appreciate those changes and the costs savings achievable through scheduled to take place at Offutt Air I commend Senator NUNN in particular competition by directing the procure- Force Base on February 21. As I under- for being able to bring them about and ment of ships at certain shipyards. The stand the majority leader’s wishes, Senator THURMOND for accepting them. bill takes the same approach with re- once the Senate adjourns, perhaps But this remains, in my view, a bad spect to ship maintenance and the pur- today, we will not be in session again bill with only a handful of good provi- chase of naval equipment. until the last week of February. If such sions. The bad still outweighs the good I believe these funding and policy de- a schedule becomes a reality, the Sen- for me. The bill still spends $7 billion cisions are sufficient reason to vote ate will not have a chance to act on the more on defense programs than the against this conference report. Unfor- Habiger nomination before the change Pentagon requested at the same time tunately, there are more reasons to op- of command ceremony on February 21 we are cutting critical domestic pro- pose this legislation. and will have mere days to approve Ad- grams in areas such as education, the The latest conference, which ex- miral Chile’s retirement as well as the environment, Indian health care, civil- cluded most of the members of Armed retirement of his deputy, Gen. Arlen ian research, and many, many more. Services Committee, including myself, Jamison. The bill authorizes a whole host of revisited several funding decisions While I understand that the Senate pork-barrel projects from military con- which do not appear to have been Armed Services Committee was not struction to research to procurement aimed at making better legislation or able to consider General Habiger’s that can not be sustained in future enhancing our national security but, nomination at this morning’s nomina- years. Indeed, new pork was added in instead appear to have been aimed at tion hearing because the necessary pa- the new conference. gaining additional votes for the con- perwork could not be completed in The bill still contains a provision ference report by appealing to home time, I would inquire of the distin- mandating the discharge of service State interests. guished chairman of the committee members who are HIV-positive even In a couple of instances, the con- and President pro tempore as to what though they are capable of doing their ferees even funded programs that were accommodation he will make for the jobs. This is bad policy which will beyond the scope of the conference, a committee and the full Senate to act needlessly and unfairly disrupt the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S459 lives of service members who have I yield the floor. sive approach to defending America served their Nation proudly and who Mr. DOLE. Mr. President, today we from ballistic missile attack adopted could continue to serve their Nation again consider the fiscal year 1996 De- in the original conference report did for years before being stricken with fense authorization bill. We are voting not survive as a whole. The provision AIDS. A majority of the Senate Armed on this bill again today because the establishing a deployment goal of 2003 Services Committee opposes this provi- President vetoed the first bill the Con- for a national missile defense system sion. I believe a majority of the Senate gress sent to him. President Clinton was dropped in the aftermath of the opposes it as well. I hope that it will be vetoed the first Defense authorization President’s veto. Furthermore, the pro- repealed later this year. bill because of his insistence that visions regarding demarcation between The bill still includes unprecedented America remain vulnerable to ballistic strategic and theater missile defense Buy-America provisions meant to pro- missiles carrying weapons of mass de- were watered down also in face of tect the uncompetitive parts of our in- struction—and because of his insist- White House objections—despite the dustrial base at the expense of the ence that American soldiers be per- fact that these provisions reflected the competitive industries who will cer- mitted to serve under the blue flag of very proposal originally made by the tainly see their exports hindered by the United Nations. I believe that the Clinton administration to the Rus- these provisions. Our protectionism White House is wrong on both ac- sians. will only beget European protec- counts. Defending America should be In short, the Clinton administration tionism to the detriment of our secu- the No. 1 defense priority. The U.N. has made a conscious decision to make rity and to the detriment of taxpayers Secretary General is no substitute for our theater missile defense [TMD] sys- on both sides of the Atlantic. the Commander in Chief. I know that tems less capable and subject to a Rus- The bill still includes a provision de- many of my colleagues, including the sian veto. nying female service members and the Republican members of the Armed female dependents of all service mem- On the other hand, this bill does re- Services Committee agree with me. tain the provisions establishing a core bers the right to use their own money Because the annual Defense author- to obtain an abortion in a military hos- program in the area of theater missile ization bill is critical for the oper- defense, which includes THAAD and pital overseas. ations of the Department of Defense The bill still includes a provision set- Navy Upper Tier—two of our most ca- and contains many provisions crucial pable TMD systems. These systems are ting up a loan guarantee program for to the well-being of the men and defense exports that is unneeded and also required to be deployed by specific women of our Armed Forces, the dis- dates—in an attempt to ensure against unwise, a program under which up to tinguished chairman of the Senate $15 billion in defense exports will be repeated administration attempts to Armed Services Committee, Senator guaranteed supposedly at no risk to delay their deployment. Critical to THURMOND, crafted a bill that would be the taxpayers, who should hold their both theater missile defense and na- signed by the President. The distin- wallets. tional missile defense is the brilliant The bill still prevents the Pentagon guished chairman was assisted, in par- eyes program. Under this bill, an ini- from retiring unneeded strategic weap- ticular, by the distinguished Senator tial operational capability [IOC] of 2003 ons, weapons that do not make sense to from Mississippi, Senator LOTT, in ne- for the brilliant eyes space sensor is retain under any budget-constrained gotiating the compromise on ballistic also established. This will facilitate scenario. missile defense provisions. earlier deployment of national missile Unfortunately, I could go on and on With respect to those provisions that defense system. will support our men and women in concerning provisions in this bill which It is indeed regrettable that the uniform, the bill we sent to the Presi- I can not support. There are some good President was unwilling to join with us dent last month included a number of provisions, the provisions on military in supporting all of our initiatives re- quality of life initiatives. The bill au- pay and family housing, for example, lated to the defense of our country, our thorized a 2.4 percent pay raise and a and the provisions on acquisition re- citizens, and our allies. Once again, 5.2 percent increase in allowance for form, which I cosponsored when the President Clinton has demonstrated his quarters. In addition, for the Reserve Senate debated this bill last summer. preference for cold-war-era arms con- components, the bill authorized an in- The acquisition reform provisions were trol treaties, and multilateral sen- come insurance program for involun- dealt with on a bipartisan basis in the sibilities. Once again, the President tarily mobilized reservists and estab- first defense authorization conference has revealed where our Nation’s future lished a dental insurance program. last fall. I thanked Senator COHEN and security fits on his list of priorities. These provisions will enhance the read- Senator SMITH for taking that ap- But, let the White House be warned: proach to these important provisions iness of our Reserve Component Forces—who, like their active counter- We have agreed to this bill in order to when the Senate debated the first de- support forces—many of whom are de- fense authorization conference report parts, have deployed to Bosnia. Additionally, the bill contains a new ployed overseas—not to support ill-con- in December. Senator COHEN, in par- ceived and short-sighted administra- ticular, has much to be proud of in the military housing privatization initia- tive. This initiative will allow the De- tion policies. This bill reflects the Re- acquisition reform provisions on infor- publican-led Congress’ commitment to mation technology on which he was the partment of Defense to utilize new ap- equipping and training our forces to driving force. I hope people will refer proaches to reduce the family housing guarantee their overwhelming superi- to division E of this bill as the Cohen backlog. To further enhance the qual- ority on the battlefield. We have taken act, and perhaps one day we will make ity of life of our troops, the agreement steps so our military—though small- such a designation official. increases military construction fund- I’d also like to commend Senator ing by $480 million. Apparently, meet- er—will maintain their ability to project power around the world—quick- GLENN, Senator LEVIN, Senator SMITH, ing the basic needs of the Americans ly and decisively. We have not given up and Senator STEVENS for their hard who have dedicated their lives to de- work and great contributions to the ac- fending our Nation, was not sufficient on our goal of defending America. We quisition reform provisions in the bill. reason for approving the Defense au- will continue to press forward on a na- Unfortunately, the acquisition re- thorization bill. tional missile defense system. form provisions, the pay provisions and In order to ensure the readiness of I understand that the Secretary of the family housing provisions are the our forces, the conferees added over $1 Defense has recommended the Presi- exception, not the rule in this bill. billion to the operations and mainte- dent sign this bill and that the Presi- There is more in this bill that I can not nance accounts. Furthermore, they in- dent intends to do so. In closing, I support than that I can. I will vote creased research and development and again want to commend Senator THUR- against it today and work to fix as procurement funding. This is the only MOND for his hard work on this bill. many of the problems in this author- way to ensure the long-term readiness Mrs. FEINSTEIN. Mr. President, I ization bill as I can in the fiscal year of our forces. rise to speak in support of the Con- 1997 defense authorization process As for the ballistic missile defense ference Report to the Department of which will soon be upon us. provisions in the bill, the comprehen- Defense authorization bill for fiscal

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S460 CONGRESSIONAL RECORD — SENATE January 26, 1996 year 1996. First, I would like to asso- Unfortunately, it is also in the area LACK OF COMPETITION FOR SHIPBUILDING ciate myself with the thoughtful re- of military personnel that the provi- CONTRACTS marks of the distinguished Ranking sions in this bill with which I disagree The conference report provides for Member of the Armed Services Com- most exist. I would like to take this the construction of destroyers and sub- mittee, Senator NUNN. I continue to be- opportunity to talk about just three of marines at designated shipyards with- lieve that this world is not a safe place. these provisions. out requiring competition for this I, along with other leaders, had hoped REQUIRED DISCHARGE OF HIV-POSITIVE SERVICE workload. Competition among quali- MEMBERS that after the end of the cold war there fied industrial facilities is a procure- might be more peace in the world. This Most of all, I am saddened and an- ment contracting fundamental. I am has unfortunately not been the case. In gered by one provision of this bill that disappointed that this provision re- fact, there is now more conflagration is the worst type of fear-mongering and more war. The price of freedom imaginable. mained in the bill. continues to be eternal vigilance. I never imagined that I would live in Although I disagree with these provi- This legislation provides for the a time when Congress would blatantly sions, on balance this bill enhances our hardware and force structure that discriminate against a group of people national defense. make our Armed Forces strong. It who contract a disease, but that is ex- looks forward to our future defense actly what this bill does. PROVIDES FOR THE PURCHASE OF This conference report contains a ADDITIONAL B–2 STEALTH BOMBERS needs by funding increased procure- provision that blatantly discriminates ment of weapons systems vital to our I was very pleased to support the au- against an entire group of military per- war fighting capability and maintains thorization for $493 million in long-lead sonnel simply because they are in- funding for the B–2 stealth bomber. the troop levels necessary to complete fected with the HIV virus. The Depart- This most technically advanced air- our Nation’s military missions. ment of Defense will be required to dis- WEAPONS SYSTEMS charge any service member who tests craft in our bomber fleet gives our Air This bill authorizes funding for more positive for HIV. There are now more Force the capability of immediate re- Air Force F–15, and F–16 fighters—the than 1,000 people serving in our mili- sponse to a conflict anywhere in the backbones of our air attack strategy. tary who would be discharged within world without the need for escort air- It also funds the F–22 next generation the first 6 months. The fact that these craft to protect it from anti-aircraft fighter. This aircraft is the cutting HIV-positive men and women can still fire. Even with this protection, our edge of any fighter aircraft anywhere perform their duties as ably as other non-stealthy bombers are unable to in the world. The Hellfire air-to-sur- nondeployable military personnel is ig- penetrate enemy airspace, as we saw in face missile, used so effectively in the nored. There is no other disease for the gulf war. The B–2 also has the abil- gulf war, are procured for the Army. which a member of the Armed Forces ity to precisely target mobile units un- The Navy received authorization to can be forced to separate from service. like any other bomber in the fleet purchase additional F–18 fighters which What message is Congress sending to today. The B–2’s stealth, long-range, are used to protect our aircraft carriers the businesses of America? It is essen- and precision munition capability and for attack. These systems provide tially saying that if someone contracts make it a good investment for the our soldiers in the field with over- the HIV virus, they should be imme- money. whelming force, thus protecting their diately discharged regardless of their lives as they fight for America. ability to work. Is this how we intend PROVIDES FOR IMPROVEMENTS TO THE BASE FORCE STRUCTURE to treat people who contract a disease? REALIGNMENT AND CLOSURE PROCESS The troop strength of our active duty Is this what our country is based upon? The conference report includes sev- forces and guard and reserve forces is I pray that this mean-spirited provi- eral improvements to the base realign- maintained in this bill. Our active duty sion does not move this country back ment and closure process. I am particu- Armed Forces will be over 1.4 million to the dark ages of discrimination, larly proud of the amendment cospon- men and women strong and our guard hate, and fear. It is my sincere hope sored by Senator MCCAIN and myself and reserve forces will total nearly that this provision will be reversed by which improves the base realignment 940,000 soldiers. a future Congress that better respects and closure reuse process for local The bill enhances our national secu- the plight of those with the HIV virus rity by removing the language which or that it will be found unconstitu- communities. One provision of this would have led to a U.S. violation of tional by the courts. amendment changes the Base Closure the ABM Treaty and continues the RESTRICTED ACCESS TO PRIVATELY-FUNDED Community Redevelopment and Home- Nunn-Lugar Cooperative Threat Reduc- ABORTIONS ON U.S. BASES OVERSEAS less Assistance Act of 1994, by requir- tion Program that helps reduce the The conferees adopted language that ing that the Secretary of Defense con- risk of nuclear, chemical, and biologi- prohibits abortions on U.S. military fa- sult with the Secretary of Housing and cal weapons proliferation. cilities overseas, even if a woman pays Urban Development over the reuse plan It fully funds the research, develop- for the procedure herself, except in that is developed by the local redevel- ment, test and evaluation account pro- cases of rape, incest, or life of the opment authority. Homeless assistance viding millions in funding to develop a mother. This provision is discrimina- providers would still be guaranteed a theater missile defense system which tory and has no place on a defense au- seat at the reuse table, and redevelop- will be able to protect our troops de- thorization bill. ment authorities would still be re- ployed overseas from Scud and other ELIMINATION OF AUTHORIZATIONS FOR TROOPS quired to accept expressions of interest ballistic missile attacks. Funding in TO COPS AND TROOPS TO TEACHERS for base property by homeless assist- this account will also allow research to On the issue of defense conversion, ance groups and other interested par- the Senate passed an amendment, co- develop new alloys and designs for ties. In addition, the Secretary of HUD sponsored by Senator PRYOR and my- stronger and lighter fighter plane would still review the final reuse plan self, to authorize $10 million for the wings and studies to enhance the elec- to ascertain if the needs of the home- tric battery life in vehicles for use in Troops to Cops Program and $42 mil- less have been met. However, instead of new mechanized infantry equipment lion for the Troops to Teachers Pro- the Secretary of HUD approving or dis- and in commercial vehicles. gram. These programs greatly assist Finally, the conference report for the the difficult transition of service per- approving the reuse plan, the Secretary DOD authorization bill provides many sonnel to the private sector in two of Defense would make the final deci- benefits to our men and women in uni- ways. First, Troops to Cops and Troops sion. Furthermore, the local redevelop- form. A much needed 2.4 percent pay to Teachers partially funds the train- ment plan developed by the local com- raise for our service men and women is ing and hiring costs of local school dis- munity and local elected officials included in the bill, as well as in- tricts and law enforcement agencies, would be given substantial deference creased funding for the family advo- and second, these programs provide by the Secretary of Defense. This puts cacy and the new parents support pro- trained and dedicated recruits. I am the power of base reuse firmly where it grams that help military families bal- very disappointed that this provision should be, in the hands of the local re- ance their duty to their country with was eliminated in conference com- development authority and the com- their responsibility to their family. mittee. munity.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S461

PROVIDES FOR LAND CONVEYANCES AND NOT VOTING—9 (B) seek on an urgent basis a meeting at MILITARY CONSTRUCTION PROJECTS Bennett Domenici Hollings the highest diplomatic level with the non- Finally, this conference report in- Campbell Faircloth Kyl compliant party with the objective of bring- cludes many important land convey- Coats Gramm Shelby ing the noncompliant party into compliance; ances and military construction So the conference report was agreed (C) in the event that a party other than the Russian Federation is determined not to be projects for California and the Nation. to. in compliance— The land conveyance provisions will Mr. DOLE. I move to reconsider the (i) request consultations with the Russian allow many local communities to rede- vote. Federation to assess the viability of both velop and expand many underutilized Mr. LIEBERMAN. I move to lay it on START Treaties and to determine if a industrial sites which will enhance eco- the table. change in obligations is required in either nomic growth. And the military con- The motion to lay on the table was treaty to accommodate the changed cir- struction projects will provide many agreed to. cumstances; and needed housing units and other mili- f (ii) submit for the Senate’s advice and con- sent to ratification any agreement changing tary facilities that will better enable TREATY WITH THE RUSSIAN FED- the obligations of the United States; and our men and women in the Armed ERATION ON FURTHER REDUC- (D) In the event that noncompliance per- Forces to perform their duties. TION AND LIMITATION OF STRA- sists, seek a Senate resolution of support of I voted for the conference report to TEGIC OFFENSIVE ARMS (THE continued adherence to one or both of the the DOD authorization bill for fiscal START II TREATY) START Treaties, notwithstanding the year 1996, however, perhaps next year, changed circumstances affecting the object The PRESIDING OFFICER. As in ex- we can concentrate on continuing to and purpose of one or both of the START ecutive session, the Senate will now Treaties. make our Armed Forces the best that consider the ratification of the START (2) TREATY OBLIGATIONS.—Ratification by they can be and restore the rights de- II treaty. the United States of the START II Treaty— nied our men and women in uniform. The clerk will state the resolution of (A) obligates the United States to meet the The PRESIDING OFFICER. The ratification. conditions contained in this resolution of question is on agreeing to the con- ratification and shall not be interpreted as Resolved, (two-thirds of the Senators present ference report. The yeas and nays have an obligation by the United States to accept concurring therein), That (a) The Senate ad- any modification, change in scope, or exten- been ordered. The clerk will call the vise and consent to the ratification of the roll. sion of the Treaty Between the United Treaty Between the United States of Amer- States of America and the Union of Soviet The assistant legislative clerk called ica and the Russian Federation on Further Socialist Republics on the Limitation of the roll. Reduction and Limitation of Strategic Of- Anti-Ballistic Missile Systems, signed at Mr. LOTT. I announce that the Sen- fensive Arms, signed at Moscow on January Moscow on May 26, 1972 (commonly referred 3, 1993, including the following protocols and ator from Utah [Mr. BENNETT], the to as the ‘‘ABM Treaty’’), and memorandum of understanding, all such doc- (B) changes none of the rights of either Senator from Colorado [Mr. CAMP- uments being integral parts of and collec- BELL], the Senator from Indiana [Mr. party with respect to the provisions of the tively referred to as the ‘‘START II Treaty’’ ABM Treaty, in particular, Articles 13, 14, COATS], the Senator from New Mexico (contained in Treaty Document 103–1), sub- and 15. [Mr. DOMENICI], the Senator from ject to the conditions of subsection (b) and (3) FINANCING IMPLEMENTATION.—The North Carolina [Mr. FAIRCLOTH], the the declarations of subsection (c): United States understands that in order to Senator from Texas [Mr. GRAMM], the (1) The Protocol on Procedures Governing be assured of the Russian commitment to a Senator from Arizona [Mr. KYL], and Elimination of Heavy ICBMs and on Proce- reduction in arms levels, Russia must main- dures Governing Conversion of Silo Launch- the Senator from Alabama [Mr. SHEL- tain a substantial stake in financing the im- ers of Heavy ICBMs Relating to the Treaty BY] are necessarily absent. plementation of the START II Treaty. The Between the United States of America and costs of implementing the START II Treaty I further announce that, if present the Russian Federation on Further Reduc- and voting, the Senator from Colorado should be borne by both parties to the Trea- tion and Limitation of Strategic Offensive ty. The exchange of instruments of ratifica- [Mr. CAMPBELL] would vote ‘‘yea.’’ Arms (also known as the ‘‘Elimination and tion of the START II Treaty shall not be Mr. FORD. I announce that the Sen- Conversion Protocol’’). contingent upon the United States providing (2) The Protocol on Exhibitions and Inspec- ator from South Carolina [Mr. HOL- financial guarantees to pay for implementa- tions of Heavy Bombers Relating to the LINGS], is necessarily absent. tion of commitments by Russia under the Treaty Between the United States and the START II Treaty. The result was announced—yeas 56, Russian Federation Reduction and Limita- (4) EXCHANGE OF LETTERS.—The exchange nays 34, as follows: tion of Strategic Offensive Arms (also known of letters— as the ‘‘Exhibitions and Inspections Pro- [Rollcall Vote No. 5 Leg.] (A) between Secretary of State Lawrence tocol’’). YEAS—56 Eagleburger and Minister of Foreign Affairs (3) The Memorandum of Understanding on Andrey Kozyrev, dated December 29, 1992, re- Abraham Graham McConnell Warhead Attribution and Heavy Bomber Akaka Grams garding SS–18 missiles and launchers now on Murkowski Data Relating to the Treaty Between the Ashcroft Grassley Nickles the territory of Kazakstan, United States of America and the Russian Bond Gregg Nunn (B) between Secretary of State Federation on Further Reduction and Limi- Breaux Hatch Pressler Eagleburger and Minister of Foreign Affairs Burns Heflin tation of Strategic Offensive Arms (also Reid Kozyrev, dated December 29, 1992, and De- Chafee Helms known as the ‘‘Memorandum on Attribu- Robb cember 31, 1992, regarding heavy bombers, Cochran Hutchison Roth tion’’). Cohen Inhofe and Santorum (b) CONDITIONS.—The advice and consent of Coverdell Inouye (C) between Minister of Defense Pavel Simpson the Senate to the ratification of the START Craig Jeffords Smith Grachev and Secretary of Defense Richard D’Amato Johnston II Treaty is subject to the following condi- Snowe tions, which shall be binding upon the Presi- Cheney, dated December 29, 1992, and Janu- DeWine Kassebaum ary 3, 1993, making assurances on Russian in- Dole Kempthorne Specter dent: Exon Kennedy Stevens (1) NONCOMPLIANCE.—If the President de- tent regarding the conversion and retention Feinstein Lieberman Thomas termines that a party to the Treaty Between of 90 silo launchers of RS–20 heavy inter- Ford Lott Thompson the United States of America and the Union continental ballistic missiles (ICBMs) (all Frist Lugar Thurmond of Soviet Socialist Republics on the Reduc- having been submitted to the Senate as asso- Warner Gorton Mack tion and Limitation of Strategic Offensive ciated with the START II Treaty), NAYS—34 Arms, signed at Moscow on July 3, 1991 (in are of the same force and effect as the provi- Baucus Dorgan Mikulski this resolution referred to as the ‘‘START sions of the START II Treaty. The United Biden Feingold Moseley-Braun Treaty’’) or the START II Treaty is acting in States shall regard actions inconsistent with Bingaman Glenn Moynihan a manner that is inconsistent with the ob- obligations under those exchanges of letters Boxer Harkin Murray ject and purpose of the respective Treaty or as equivalent under international law to ac- Bradley Hatfield Pell is in violation of either the START or tions inconsistent with the START II Trea- Brown Kerrey Pryor START II Treaty so as to threaten the na- ty. Bryan Kerry Rockefeller tional security interests of the United (5) SPACE-LAUNCH VEHICLES.—Space-launch Bumpers Kohl Sarbanes Byrd Lautenberg States, then the President shall— vehicles composed of items that are limited Simon Conrad Leahy (A) consult with and promptly submit a re- by the START Treaty or the START II Trea- Wellstone Daschle Levin port to the Senate detailing the effect of ty shall be subject to the obligations under- Dodd McCain such actions on the START Treaties; taken in the respective treaty.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S462 CONGRESSIONAL RECORD — SENATE January 26, 1996

(6) NTM AND CUBA.—The obligation of the within the parameters of the elimination significant manner only pursuant to the United States under the START Treaty not schedules provided for in the START Trea- treaty power as set forth in Article II, Sec- to interfere with the national technical ties, regulate reductions in the United tion 2, Clause 2 of the Constitution. means (NTM) of verification of the other States strategic nuclear forces so that the (7) TREATY INTERPRETATION.—The Senate party to the Treaty does not preclude the number of accountable warheads under the affirms the applicability to all treaties of United States from pursuing the question of START and START II Treaties possessed by the constitutionally based principles of trea- the removal of the electronic intercept facil- the Russian Federation in no case exceeds ty interpretation set forth in the Condition ity operated by the Government of the Rus- the comparable number of accountable war- (1) of the resolution of ratification with re- sian Federation at Lourdes, Cuba. heads possessed by the United States to an spect to the INF Treaty. For purposes of this (7) IMPLEMENTATION ARRANGEMENTS.—(A) extent that a strategic imbalance endan- declaration, the term ‘‘INF Treaty’’ refers to The START II Treaty shall not be binding on gering the national security interests of the the Treaty Between the United States of the United States until such time as the United States results. America and the Union of Soviet Socialist Duma of the Russian Federation has acted (B) Recognizing that instability could re- Republics on the Elimination of Their Inter- pursuant to its constitutional responsibil- sult from an imbalance in the levels of stra- mediate-Range and Short Range Missiles, to- ities and the START II Treaty enters into tegic offensive arms, the Senate calls upon gether with the related memorandum of un- force in accordance with Article VI of the the President to submit a report in unclassi- derstanding and protocols, approved by the Treaty. fied form to the Committees on Foreign Re- Senate on May 27, 1988. (B) If the START II Treaty does not enter lations and Armed Services of the Senate not (8) COMPLIANCE.—(A) Concerned by the into force pursuant to subparagraph (A), and later than January 31 of each year beginning clear past pattern of Soviet noncompliance if the President plans to implement reduc- with January 31, 1997, and continuing with arms control agreements and continued tions of United States strategic nuclear through such time as the reductions called cases of noncompliance by the Russian Fed- forces below those currently planned and for in the START II Treaty are completed by eration, the Senate declares that— consistent with the START Treaty, then the both parties, which report will provide— (i) the START II Treaty is in the interests President shall— (i) details on the progress of each party’s of the United States only if both the United (i) consult with the Senate regarding the reductions in strategic offensive arms during States and the Russian Federation are in effect of such reductions on the national se- the previous year; strict compliance with the terms of the curity of the United States; and (ii) a certification that the Russian Fed- Treaty as presented to the Senate for its ad- (ii) take no action to reduce United States eration is in compliance with the terms of vice and consent to ratification, such com- strategic nuclear forces below that currently the START II Treaty or specifies any act of pliance being measured by performance and planned and consistent with the START noncompliance by the Russian Federation; not by efforts, intentions, or commitments Treaty until he submits to the Senate his de- and to comply; and termination that such reductions are in the (iii) an assessment of whether a strategic (ii) the Senate expects the Russian Federa- national security interest of the United imbalance endangering the national security tion to be in strict compliance with its obli- States. interests of the United States exists. gations under the terms of START II Treaty (8) PRESIDENTIAL CERTIFICATION AND RE- (3) EXPANDING STRATEGIC ARSENALS IN as presented to the Senate for its advice and PORT ON NATIONAL TECHNICAL MEANS.—With- COUNTRIES OTHER THAN RUSSIA.—It is the consent to ratification; in 90 days after the United States deposits sense of the Senate that, if during the time (B) Given its concern about compliance instruments of ratification of the START II the START II Treaty remains in force or in issues, the Senate expects the executive Treaty, the President shall certify that advance of any further strategic offensive branch of government to offer regular brief- United States National Technical Means are arms reductions the President determines ings, but not less than four times each year, sufficient to ensure effective monitoring of there has been an expansion of the strategic to the Senate Committees on Foreign Rela- Russian compliance with the provisions of arsenal of any country not party to the tions and Armed Services on compliance the Treaty governing the capabilities of stra- START II Treaty so as to jeopardize the su- issues related to the START II Treaty. Such tegic missile systems. This certification preme interests of the United States, then briefings shall include a description of all shall be accompanied by a report to the Sen- the president should consult on an urgent United States efforts in United States/Rus- ate of the United States indicating how basis with the Senate to determine whether sian diplomatic channels and bilateral fora United States National Technical Means, in- adherence to the START II Treaty remains to resolve the compliance issues and shall in- cluding collection, processing and analytic in the national interest of the United States. clude, but would not necessarily be limited resources, will be marshalled to ensure effec- (4) SUBSTANTIAL FURTHER REDUCTIONS.— to, a description of the following: tive monitoring. Such report may be supple- Cognizant of the obligation of the United (i) Any compliance issues the United mented by a classified annex, which shall be States under Article VI of the Treaty on the States plans to raise with the Russian Fed- submitted to the Committee on Foreign Re- Non-Proliferation on Nuclear Weapons of eration at the Bilateral Implementation lations, the Committee on Appropriations, July 1, 1968 ‘‘to pursue negotiations in good Commission, in advance of such meetings. the Committee on Armed Services and the faith on effective measures relating to ces- (ii) Any compliance issues raised at the Bi- Select Committee on Intelligence of the Sen- sation of the nuclear arms race at any early lateral Implementation Commission, within ate. date and to nuclear disarmament and on a thirty days of such meetings. (c) DECLARATIONS.—The advice and consent treaty on general and complete disarmament (iii) Any Presidential determination that of the Senate to ratification of the START II under strict and effective international con- the Russian Federation is in noncompliance Treaty is subject to the following declara- trol’’, and in anticipation of the ratification with or is otherwise acting in a manner in- tions, which express the intent of the Sen- and entry into force of the START II Treaty, consistent with the object and purpose of the ate: the Senate calls upon the President to seek START II Treaty, within 30 days of such a (1) COOPERATIVE THREAT REDUCTIONS.— further strategic offensive arms reductions determination, in which case the President Pursuant to the Joint Statement on the to the extent consistent with United States shall also submit a written report, with an Transparency and Irreversibility of the Proc- national security interests and calls upon unclassified summary, explaining why it is ess of Reducing Nuclear Weapons, agreed to the other nuclear weapon states to give care- in the national security interests of the in Moscow, May 10, 1995, between the Presi- ful and early consideration to corresponding United States to continue as a party to the dent of the United States and the President reductions of their own nuclear arsenals. START II Treaty. of the Russian Federation, it is the sense of (5) MISSILE TECHNOLOGY CONTROL RE- (9) SUBMISSION OF FUTURE AGREEMENTS AS the Senate that both parties to the START GIME.—The Senate urges the President to in- TREATIES.—The Senate declares that, fol- II Treaty should attach high priority to— sist that the Republic of Belarus, the Repub- lowing Senate advice and consent to ratifica- (A) the exchange of detailed information lic of Kazakstan, Ukraine, and the Russian tion of the START II Treaty, any agreement on aggregate stockpiles of nuclear warheads, Federation abide by the guidelines of the or understanding which in any material way on stocks of fissile materials, and on their Missile Technology Control Regime [MTCR]. modifies, amends, or reinterprets United safety and security; For purposes of this paragraph, the term States or Russian obligations under the (B) the maintenance at distinct and secure ‘‘Missile Technology Control Regime’’ means START II Treaty, including the time frame storage facilities, on a reciprocal basis, of the policy statement between the United for implementation of the Treaty, should be fissile materials removed from nuclear war- States, the United Kingdom, the Federal Re- submitted to the Senate for its advice and heads and declared to be excess to national public of Germany, France, Italy, Canada, consent to ratification. security requirements for the purpose of con- and Japan, announced April 16, 1987, to re- (10) NATURE OF DETERRENCE.—(A) On June firming the irreversibility of the process of strict sensitive missile-relevant transfers 17, 1992, Presidents Bush and Yeltsin issued a nuclear weapons reduction; and based on the MTCR Annex, and any amend- Joint Understanding and a Joint Statement (C) the adoption of other cooperative meas- ments thereto. at the conclusion of their Washington Sum- ures to enhance confidence in the reciprocal (6) FURTHER ARMS REDUCTION OBLIGA- mit, the first of which became the founda- declarations on fissile material stockpiles. TIONS.—The Senate declares its intention to tion for the START II Treaty. The second, (2) ASYMMETRY IN REDUCTIONS.—(A) It is consider for approval international agree- the Joint Statement on a Global Protection the sense of the Senate that, in conducting ments that would obligate the United States System, endorsed the cooperative develop- the reductions mandated by the START or to reduce or limit the Armed Forces or ar- ment of a defensive system against ballistic START II Treaty, the President should, maments of the United States in a militarily missile attack and demonstrated the belief

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S463 by the governments of the United States and (B) The United States is committed to re- itor compliance with both START the Russian Federation that strategic offen- establishing and maintaining sufficient lev- Treaties. United States capabilities sive reductions and certain defenses against els of production to support requirements for could be insufficient, however, if com- ballistic missiles are stabilizing compatible, the safety, reliability, and performance of petition for scarce collection and ana- and reinforcing. United States nuclear weapons and dem- (B) It is, therefore, the sense of the Senate onstrate and sustain production capabilities lytic resources were intense and if Rus- that: and capacities. sian practices were to change in ways (i) The long-term perpetuation of deter- (C) The United States is committed to designed to impede United States mon- rence based on mutual and severe offensive maintaining United States nuclear weapons itoring. nuclear threats would be outdated in a stra- laboratories and protecting the core nuclear As in the case with START I moni- tegic environment in which the United weapons competencies therein. toring, the United States will rely States and the Russian Federation are seek- (D) As tritium is essential to the perform- upon a combination of capabilities—in- ing to put aside their past adversarial rela- ance of modern nuclear weapons, but decays cluding imagery, signals intelligence, radioactively at a relatively rapid rate, and tionship and instead build a relationship human intelligence, open-source infor- based upon trust rather than fear. the United States now has no meaningful (ii) An offense-only form of deterrence can- tritium production capacity, the United mation and the verification provisions not address by itself the emerging strategic States is committed to ensuring rapid access of the START I and START II Trea- environment in which, as Secretary of De- to a new production source of tritium within ties—to monitor compliance with the fense Les Aspin said in January 1994, the next decade. provisions of START II. Despite the proliferators acquiring missiles and weapons (E) As warhead design flaws or aging prob- strapped resources as well as systems of mass destruction ‘‘may have acquired lems may occur that a robust stockpile stew- and personnel reductions thus far in such weapons for the express purpose of ardship program cannot solve, the United the post-cold-war era, the intelligence blackmail or terrorism and thus have a fun- States reserves the right, consistent with United States law, to resume underground community assesses a high probability damentally different calculus not amenable of detecting questionable activity that to deterrence.... New deterrent approaches nuclear testing if that is necessary to main- are needed as well as new strategies should tain confidence in the nuclear weapons might be contrary to the treaty. deterrence fail.’’. stockpile. The United States is committed to I agree with the intelligence commu- (iii) Defenses against ballistic missiles are maintaining the Nevada Test Site at a level nity that U.S. national technical essential for new deterrent strategies and for in which the United States will be able to re- means are generally sufficient to mon- new strategies should deterrence fail. Be- sume testing within one year following a na- itor compliance with both START cause deterrence may be inadequate to pro- tional decision to do so. Treaties. I have concerns, however, tect United States forces and allies abroad, (F) The United States reserves the right to that U.S. capabilities could be insuffi- invoke the supreme national interest of the theater missile defense is necessary, particu- cient if competition for scarce collec- larly the most capable systems of the United United States to withdraw from any future arms control agreement to limit under- tion and analytic resources were to in- States such as THAAD, Navy Upper Tier, and tensify and if Russian practices were to the Space and Missile Tracking System. ground nuclear testing. Similarly, because deterrence may be inad- Mr. LUGAR. Mr. President, when I change in ways designed to impeded equate to protect the United States against brought the START II Treaty to the U.S. monitoring. I support the rec- long-range missile threats, missile defenses floor last month, I did so in my capac- ommendation that the President be re- are a necessary part of new deterrent strate- ity as the manage for the Foreign Rela- quired to certify the sufficiency of U.S. gies. Such defenses also are wholly in con- tions Committee. In my opening state- monitoring capabilities regarding sonance with the summit statements from ment, I sought to lay out for the body those START II provisions relating to June 1992 of the Presidents of the United ICBM and SLBM capabilities and to re- States and the Russian Federation and the the key provisions of the START II Treaty, the assessment of the treaty of port to Congress on how such suffi- September 1994 statements by Secretary of ciency will be assured. I would also Defense William J. Perry, who said, ‘‘We now the Joint Chiefs of Staff, the force have the opportunity to create a new rela- structure implications of the treaty for urge the executive branch to pursue a tionship, based not on MAD, not on Mutual both the Russian Federation and the firm policy regarding Russian actions Assured Destruction, but rather on another United States, and the reasons why that may violate the terms of START acronym, MAS, or Mutual Assured Safety.’’. this treaty is, on balance, in the na- I or START II, including the (iv) As the governments of the United tional security interests of the United verification provisions of those trea- States and Russia have built upon the June States. ties. 17, 1992, Joint Understanding in agreeing to Third, I have recommended that the the START II Treaty, so too should these But, Mr. President, I have also ap- proached consideration of the START resolution of ratification be condi- governments promptly undertake discus- tioned on a requirement that the Presi- sions based on the Joint Statement to move II Treaty from the vantage point of my forward cooperatively in the development membership on the Select Committee dent certify and, within 90 days of ex- and deployment of defenses against ballistic on Intelligence. I have spent a great changing the instruments of ratifica- missiles. deal of time analyzing United States tion, submit to the Congress a plan for (11) REPORT ON USE OF FOREIGN EXCESS capabilities to monitor compliance ensuring continued, adequate moni- BALLISTIC MISSILES FOR LAUNCH SERVICES.— with arms control treaties and the toring of Russian ICBM and SLBM ca- It is the sense of the Senate that the Presi- pabilities. This condition has been in- dent should not issue licenses for the use of START II Treaty in particular. I want to share with my colleagues cluded in the manager’s package of a foreign excess ballistic missile for launch amendments to the resolution of ratifi- services without first submitting a report to my major findings and explain each of Congress, on a one-time basis, on the impli- them briefly. cation, accepted by the Senate last cations of the licensing approval on non- First, no aspects of the START II month. proliferation efforts under the Treaty and on Treaty text are likely to cause compli- The intelligence community’s moni- the United States space launch industry. ance issues because of the manner in toring confidences reflect a vastly (12) UNITED STATES COMMITMENTS ENSUR- which they are worded. changed world from that of a decade ING THE SAFETY, RELIABILITY, AND PERFORM- I repeat, I have found no aspects of ago. The end of the cold war has ANCE OF ITS NUCLEAR FORCES.—The Senate the START II Treaty text that are brought a substantial refocusing of declares that the United States is committed likely to cause compliance issues be- United States intelligence from the old to ensuring the safety, reliability, and per- formance of its nuclear forces. To this end, cause of the manner in which they are Soviet Union to a much wider variety the United States undertakes the following worded. Indeed, START II, by banning of threats to the national security. In- additional commitments: test-flights and deployment of MIRV’d dicative of this change is the fact that (A) The United States is committed to pro- ICBM’s after 2003, may lessen the like- in the fiscal year 1996 budget process, ceeding with a robust stockpile stewardship lihood of compliance issues regarding the Department of Defense opposed program, and to maintaining nuclear weap- the number of re-entry vehicles with funding the COBRA DANE radar. In ons production capabilities and capacities, which an ICBM is equipped or tested. It order to protect that important arms that will ensure the safety, reliability, and should generally be easier to determine control monitoring system, the U.S. performance of the United States nuclear ar- senal at the START II levels and meet re- the presence or absence of MIRV’s than Arms Control and Disarmament Agen- quirements for hedging against possible the determine—or agree upon—whether cy [ACDA] stepped in and took respon- international developments or technical a numerical limit has been exceeded. sibility for its funding. The Congress, problems in conformance with United States Second, U.S. national technical instead, restored full funding for the policies and to underpin deterrence. means are generally sufficient to mon- COBRA DANE platform in the fiscal

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S464 CONGRESSIONAL RECORD — SENATE January 26, 1996 year 1996 Intelligence Authorization The intelligence community gen- the intelligence community will find it Act, an action that was sustained in erally expects to be able to monitor the difficult to determine whether Russian the Defense appropriations bill. ban on flight-testing of MIRV’d ICBM’s heavy bombers are equipped with more Some other systems that monitor after 2003, assuming it receives the than the number of nuclear weapons Russian missile tests face uncertain good telemetry data mandated by they are declared to carry. When this funding futures or are increasingly di- START I. The importance of the matter was considered in the START I verted to other intelligence priorities, START I provisions regarding the context, the executive branch empha- like Bosnia and North Korea, or even transmission and provision of missile sized that heavy bombers are inher- to nonintelligence functions. Although flight-test telemetry and interpreta- ently stabilizing, and play a more im- intelligence officials remain confident tive data cannot be overestimated, and portant role in the U.S. strategic force of overall U.S. monitoring capabilities, the executive branch must adopt the structure than in the Russian. General they have acknowledged that these ac- firmest practicable policy regarding Curtin of the Joint Staff noted at the tions affect those capabilities. Russian compliance with those provi- time that cheating scenarios that in- I find it totally unacceptable that sions. volve heavy bombers and air-launched coverage by National Technical Means Sixth, monitoring missile production cruise missiles generally pose little of Russian strategic missiles—still the and storage and, consequently, the risk of militarily significant viola- systems with by far the greatest capa- number of nondeployed missiles is in- tions. He noted that heavy bombers bility to effect the nuclear destruction herently difficult. As the Director of and air-launch cruise missiles are slow of United States territory—should be Central Intelligence has stated, it is flyers which offer little potential for a available only at the expense of other possible that some undeclared missiles surprise attack. important intelligence priorities. That have been stored at unidentified facili- Eighth, the disincentives for Russia is why I recommend that the resolu- ties. In other words, the possible exist- to cheat are substantial. I urge the in- tion of advice and consent to ratifica- ence of covert, nondeployed mobile telligence community, however, to tion of the START II Treaty be condi- missiles must remain an important base its collection and analysis prior- tioned on a requirement that the Presi- U.S. intelligence target. ities upon a cautious appreciation of dent certify and, within 90 days of ex- Monitoring missile production and the record of Soviet and Russian com- changing instruments of ratification, storage and, consequently, the number pliance with arms control agreements. submit to the Congress a plan for en- of nondeployed missiles is inherently The disincentives for Russia to cheat suring, continued adequate monitoring difficult. At facilities where the United on START II are substantial. Many of Russian ICBM and SLBM capabili- States conducts continuous perimeter cheating scenarios, such as the recon- ties. and portal monitoring, the intelligence version of converted SS–18 silos, would Fourth, it is imperative that the ex- community’s uncertainties are low. risk U.S. detection. The most feasible ecutive branch exercise its START II Uncertainties are higher, however, in cheating scenarios would yield only Treaty right to observe the entire proc- estimates of missiles production at fa- small gains. Thus, covertly reMIRVing ess of pouring concrete into each Rus- cilities not subject to continuous moni- all the 105 single-RV SS–19’s allowed sian SS–18 silo that is to be converted. toring or on-site inspection. under START II would increase the A cheating scenario involving covert The intelligence community judges number of Russian reentry vehicles by production and deployment of mobile that it can monitor with virtual cer- only about 15 percent. And such sce- ICBM’s—and especially of MIRV’ed tainty the elimination or conversion of ICBM’s—and their launchers would be narios as the covert production of large declared items and the number of de- particularly worrisome. For that rea- numbers of ICBM’s and their launchers ployed silo-based ICBM’s, SLBM’s and son, the possible existence of covert, would require a considerable invest- heavy bombers that remain in the Rus- nondeployed mobile missiles must re- ment of scarce resources. sian force. Treaty provisions designed Despite these disincentives, however, main an important U.S. intelligence to enhance verification play important I repeat that the intelligence commu- target. roles in augmenting U.S. National Uncertainties in the estimates of nity needs to base its collection and Technical Means in this regard. The 10 numbers of nondeployed missiles will analysis priorities upon a more cau- annual reentry vehicle inspections per- make it difficult for the intelligence tious appreciation of the record of So- mitted under START I will help assure, community to determine whether all viet and Russian compliance with arms over time, that those silos are not SS–18 airframes have been declared and control agreements. being used for MIRV’ed missiles, and eliminated as required by START II. Last, the counterintelligence chal- the 4 extra reentry vehicle inspections On the other hand, SS–18 missiles and lenges inherent in START II will be no at converted SS–18 silos that are pro- canisters are not mobile, are the larg- greater than those of past treaties, and vided for in START II will add assur- est ballistic missile system in the Rus- U.S. agencies are capable of handling ance regarding heavy ICBM’s. sian force, and require substantial these challenges. One particularly important aspect of equipment for handling and transport. CONCLUSION START II verification would be the on- Storing and maintaining a covert force Mr. President, let me close by re- site inspection of SS–18 heavy ICBM of any significant size would be a major affirming the conclusion I set forth silo conversions, to guard against a undertaking and would increase the last month when I introduced the breakout scenario involving speedy re- risk of detection. As SS–18 silos are de- START II Treaty on this floor. conversion of SS–18 silos. U.S. inspec- stroyed or coverted, moreover, the The START II Treaty is the result of tors can either physically witness the military utility of any undeclared mis- a bipartisan effort, negotiated by a Re- pouring of the 5 meters of concrete in siles should steadily diminish. The in- publican administration and submitted the bottom of the silo or measure silo telligence community is quite con- by a Democratic one. Three Secretaries depth before and after the concrete was fident of its ability to monitor the es- of State and Defense have supported it. poured. In order to guard against im- sentially irreversible conversion of SS– START II represents a substantial step proper implementation of the conver- 18 silos. forward in attempting to codify stra- sion procedures, it is imperative that Seventh, it will be difficult to deter- tegic stability at greatly reduced levels the executive branch exercise its mine whether Russian heavy bombers of armaments. Final reductions must START II Treaty right to observe the are equipped with more than the num- be completed by January 1, 2003— entire process of pouring concrete into ber of nuclear weapons they are de- namely, to levels of 3,000 to 3,500 total each SS–18 silo that is to be converted, clared to carry. But the Joint Chiefs of warheads, of which no more than 1,750 and to measure the diameter of the re- Staff believes that cheating scenarios can be based on submarines. It has strictive ring. that involve heavy bombers and air- been the view of the Joint Chiefs of Fifth, I urge the firmest practicable launched cruise missiles generally pose Staff that, with the 3,500 warheads al- policy regarding compliance with little risk of militarily significant vio- lowed under this treaty, the United START I provisions on the trans- lations. States would remain capable of holding mission and provision of missile flight Mr. President, because heavy bomber at risk a broad enough range of high test telemetry and interpretive data. weapon loadings can easily be changed, value political and military targets to

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S465 deter any rational adversary from significantly reducing the incentive for a our national security. We have learned launching a nuclear attack against the first strike. For decades, we and the Rus- well that the control and reduction of United States or against its allies. sians have lived with this dangerous insta- weapons and the maintenance of a START II removes the most desta- bility. With this treaty, we can at long last put it behind us. sound defense structure are key ingre- bilizing segment of nuclear inven- The Joint Chiefs and I have carefully as- dients of our national security. Our tories—namely MIRV warheads and sessed the adequacy of our strategic forces own efforts in such ventures as START heavy ICBM’s. Elimination also in- under START II. With the balanced triad of II serve to demonstrate to the world cludes all deployed heavy ICBM silos 3500 warheads that will remain once this that we are committed to the reduc- and all test and training launchers. Treaty is implemented, the size and mix of tion of nuclear arms and are pursuing a The Joint Chiefs of Staff believe that our remaining nuclear forces will support path that could lead to their elimi- our deterrent and targeting requirements the verification procedures are ade- against any known adversary and under the nation. quate to ensure that the United States worst assumptions. Both American and Rus- In closing, I would point out that the will be able to detect any significant sian strategic nuclear forces will be sus- resolution of ratification adopted by violations. Conversely, the Joint Chiefs pended at levels of rough equivalence; a bal- the Committee in an 18 to 0 vote re- of Staff also believe that the ance with greatly reduced incentive for a calls the obligation undertaken by the verification provisions are sufficiently first strike. By every military measure, United States and the other nuclear- restrictive to protect the United States START II is a sound agreement that will weapon states ‘‘to pursue negotiations make our nation more secure. Under its in good faith on effective measures re- against unnecessary intrusion by Rus- terms, our forces will remain militarily suf- sian inspectors. ficient, crisis stability will be greatly im- lating to cessation of the nuclear arms It is my belief that, on balance, the proved, and we can be confident in our abil- race at an early date and to nuclear START II Treaty is in the national se- ity to effectively verify its implementation. disarmament and on a treaty on gen- curity interests of the United States, This Treaty is clearly in the best interests of eral complete disarmament under and I would hope that the Senate, hav- the United States. strict and effective international con- ing expressed its concerns and advice On the behalf of the Joint Chiefs of Staff, trol’’, and states clearly that ‘‘the Sen- I recommend that the Senate promptly give in the Resolution of Ratification, its advice and consent to the ratification of ate calls upon the parties to the would consent to the treaty by an over- the START II Treaty. START II Treaty to seek further stra- whelming margin. The resolution that the Senate has tegic offensive arms reductions con- Mr. PELL. Mr. President, this is in- approved today reflects a careful, bi- sistent with their national security in- deed a fine day for the U.S. Senate. The partisan effort within the Committee terests and calls upon the other nu- Senate has just given its advice and on Foreign Relations. It also deals with clear weapon states to give careful and consent to ratification of the Treaty concerns raised by non-committee early consideration to corresponding Between the United States and the Members in amendments approved on reductions of their own nuclear arse- Russian Federation on Further Reduc- the Senate floor on December 22, 1995. nals.’’ tion and Limitation of Strategic Offen- Senate consideration and consent to Mr. President, we should be well sive Arms, known as the START II ratification has taken about 3 years. pleased with our action today, but we Treaty. This is longer than I and others would must not be satisfied. We must be both Mr. President, the START II Treaty have wished, but I would remind others steadfast and unrelenting in our efforts was considered thoroughly in hearings that the Senate has a long history of to spare our citizens and the world that I chaired in May and June 1993, moving deliberately on arms control from the terrible catastrophe of war, and that my colleague from Indiana treaties. The Geneva Protocol of 1925 particularly war through means of chaired in January, February, and which prohibits the use of chemical weapons of mass destruction. March 1995. Witnesses included Sec- and bacteriological weapons in war, Mr. NUNN. Mr. President, I rise in retary of State Warren Christopher; took 5 decades for the Senate to ap- support of the ratification of the former Secretary of State Lawrence prove. START II Treaty by the Senate. The Eagleburger; Secretary of Defense Wil- Our action this evening comes at a case for ratification is, I believe, over- liam Perry; Gen. John Shalikashvili, most propitious moment. The Russian whelming. Both the START I Treaty, Chairman, Joint Chiefs of Staff; John Prime Minister, Victor Chernomyrdin, negotiated under President Reagan, Holum, Director of the Arms Control will arrive in Washington this weekend and the START II Treaty, negotiated and Disarmament Agency; Ambassador for the first top-level United States under President Bush, are the end- Linton Brooks, chief negotiator of the meetings since the Russian elections in products of bipartisan arms control treaty; Thomas Graham, Jr., Acting December. Approval of the START II support by both the Congress and the Director of the Arms Control and Dis- Treaty should prove a fortuitous move American people. armament Agency; Director of Central if it serves to spur comparable action Ratification of the START II Treaty Intelligence, Mr. James Woolsey and in the Russian Duma. There is to be a is supported by the President, as well Douglas MacEachin, Deputy Director G–7 summit meeting in Moscow in as by Secretary of Defense Perry and for Intelligence, Central Intelligence April. I would hope very much that the General Shalikashvili, the Chairman of Agency. Nongovernmental witnesses newly constituted Duma can act on the the Joint Chiefs of Staff. The Depart- included Steven Hadley, an attorney treaty by that time, so as to permit ex- ment of Defense is satisfied that the with Shea and Gardner; Sven Kraemer, change of instruments of ratification START II Treaty will be fully president, Global 2000; Michael Krepon, and entry into force. verifiable, and that ratification and president, Henry L. Stimson Center, Mr. President, the START II Treaty entry into force are in our national in- and Jack Mendelsohn, deputy director is a major achievement by itself, but it terest. The START II Treaty is a con- of the Arms Control Association. cannot be viewed alone. It must be seen tinuation of the substantial reductions When it is considering treaties such as part of a critically important con- in strategic weaponry brought about as this, the committee makes a par- tinuum that began with SALT I, con- by the signing of the START I Treaty. ticular point to receive the considered tinued through SALT II and led to The signing of the START I Treaty oc- and independent judgment of the Na- START I and START II. There have curred after the fall of the Berlin Wall, tion’s military leaders for whom it is of been related agreements such as the at the end of the cold war, the dissolu- critical importance that there be no INF Treaty, which required the elimi- tion of the Soviet Union, and the devel- missteps in arms control. General John nation of the intermediate-range nu- opment of democratic movements and M. Shalikashvili, Chairman of the clear missiles of the United States and free elections in the countries of the Joint Chiefs of Staff, was unequivocal the Soviet Union. There are com- former Warsaw Pact. These events of his endorsement of the treaty: plementary efforts such as the safe and have transformed the longstanding bi- The START Treaty offers a significant secure dismantlement program in Rus- polar relationship between the United contribution to our national security. Under sia and attempts to negotiate a missile States and the now-vanished Soviet its provisions, we achieve the long-standing material production control regime. Union. goal of finally eliminating both heavy ICBMs It can truly be said now that arms Given these historic changes, ratifi- and the practice of MIRVing ICBMs, thereby control has become an integral part of cation of the START II Treaty is the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S466 CONGRESSIONAL RECORD — SENATE January 26, 1996 next logical step. Upon entry into full and closed session, with administration Memorandum on Attribution, and to give its force, the START II Treaty will further and private witnesses. On December 12, advice and consent to ratification. reduce the number of strategic nuclear the treaty was reported favorably on a Then-Secretary of State Lawrence warheads held in the active inventories unanimous vote of 18 to 0. Eagleburger concluded in his letter of of the United States and Russia from Let me elaborate on the substance of submittal to President Bush— about 8,000 weapons at START I levels this treaty and its benefits to U.S. se- This Treaty is truly an historic achieve- by more than 50 percent. By the time curity. Building upon START I, the ment. By significantly reducing strategic of- START II is fully implemented, the START II Treaty advances our inter- fensive arms, and by eliminating those that START I and START II Treaties will ests by eliminating the most threat- pose the greatest threat to stability, the ening and destabilizing types of weap- START II Treaty will enhance the national have led to more than a three-fold re- security of the United States. It is in the duction in the numbers of strategic nu- ons in the Russian arsenal. Under the best interest of the United States of Amer- clear warheads on line. treaty, Russia has agreed to destroy all ica, the Russian Federation, and, indeed, the Moreover, the entry into force of this of its heavy intercontinental ballistic entire world that this Treaty enter into treaty will eliminate all of the land- missiles [ICBM’s], including all its SS– force promptly. I strongly recommend its based, multiple-warhead, or MIRV’d, 18 missiles, which were the centerpiece transmission to the Senate for advice and inter-continental ballistic missiles of the former Soviet Union’s strategic consent to ratification. from the arsenals of both sides. It has nuclear force. The treaty also ends the Mr. President, ratification of START long been a goal of U.S. arms control practice of putting multiple warheads II not only will lock in reductions that policy, under both Republican and on (or ‘‘MIRVing’’) ICBM’s, a practice benefit U.S. security directly, it will Democratic Presidents and Congresses, which had led to exponential increases send an important signal to other to eliminate these poised-for-instant- in the number of deployed nuclear war- countries that the United States is se- launch MIRV’d ICBM’s from the inven- heads and heightened the threat of a rious about nuclear non-proliferation. tories of both sides. Elimination of first nuclear strike. START II requires It will encourage other nations to join these land-based ICBM missiles, a re- each side to reduce its deployed war- us in the process of limiting weapons of quired measure under the START II heads from the 6,000 allowed under mass destruction and will lay the foun- Treaty, will help both to avoid a return START I to 3,500 by the year 2003. This dation for future arms control agree- to hair-trigger strategic postures on will mean a significant reduction in ments. As Spurgeon Keeny, Jr., Presi- both sides, and to put an end to any Russia’s deployed nuclear warheads, dent of the Arms Control and Disar- conceivable incentive for a ‘‘bolt-from- which numbered over 10,000 when the mament Agency, warned, ‘‘Failure to the-blue’’ attack. Start Treaty went into force. complete Senate action promptly could Ratification of the START II Treaty In addition, START II limits the delay for years the entry into force of is a highly cost-effective way to reduce number of warheads deployed on Sub- these agreements with great disadvan- the threat to U.S. national security in- marine Launched Ballistic Missiles tage to United States security.’’ terests posed by nuclear weapons. It [SLBM’s], and expands the stringent I think the risks of inaction are will eliminate some 5,000 warheads verification regime put into place by grave indeed, and I urge my colleagues from the Russian force posture. Our START I. New verification measures, to join in giving prompt advice and modest verification cost will be including on-site inspections of SS–18 consent to ratification. dwarfed by the U.S. defense budget sav- silo conversions and missile elimi- Mr. INHOFE. Mr. President, let me ings that will flow from the retire- nation procedures, along with the in- start off by saying that there is noth- ments of our excess strategic nuclear spection for all heavy bombers, were ing wrong with arms control in prin- weapons and their delivery systems. added to START II to reduce the risk ciple, but there are a lot of reasons to Mr. President, I urge my colleagues of non-compliance. oppose the START II treaty. The trea- to support the ratification of the Taken together, the two START ty does not destroy a single Russian START II Treaty today, and to work to treaties will reduce the deployed stra- warhead. It talks about downgrading, build support and understanding of the tegic offensive arms of the United reducing, downloading, retiring, con- advantages of the START II Treaty States and Russia by approximately verting—all actions that can be re- among the members of the Russian two-thirds by the year 2003. Two out of versed. The Russians do not have to de- Duma, prior to their consideration of every three weapons that were once stroy the warheads. the treaty later this year. We need to aimed against the United States are I wondered also what would happen take every opportunity to explain to going to be dismantled or destroyed to those warheads if Russia should de- the new Duma the advantages that will over a period of less than 10 years. The cide to comply with the START II trea- accrue to Russia from the entry into United States will retain a credible nu- ty—this is a big ‘‘if,’’ since they have force of this treaty. clear deterrent while increasing our not complied with other treaties—but Mr. SARBANES. Mr. President, 3 ability to verify Russian compliance if they did, what would happen to those years ago President George Bush and with its treaty obligations. warheads if they were, for example, to President Boris Yeltsin met in Moscow During the Committee proceedings, download them? to sign a second Strategic Arms Reduc- the chairman of the Joint Chiefs of We all know the financial needs of tion Treaty. At that time, the dissolu- Staff, General John Shalikashvili, gave the former Soviet Union, Russia in par- tion of the Soviet Union made it pos- the following testimony in support of ticular. And we also know that there is sible to achieve additional reductions ratification: a market for those warheads in hostile in our nuclear arsenals beyond those Let me say at the outset that, on the basis areas of the world—in the Middle East, provided in the START I Treaty, there- of detailed study of our security needs and North Korea, China, all throughout the by advancing United States security careful review of the Treaty, it is my judg- world. You have to ask: what would and further reducing the threat of nu- ment, and the unanimous opinion of the happen to those warheads? We are clear proliferation. On December 5, Joint Chiefs of Staff, that the START II looking at an agreement that allows 1994, President Clinton and the leaders Treaty is in the best interests of the United Russia to continue modernization, of Russia, Ukraine, Belarus, and States. I recommend the Senate provide its build heavy missiles for 7 more years, advice and consent to START II’s ratifica- Kazakhstan convened in Budapest to fi- tion. and new submarine-launched missiles, nalize the entry into force of START I, and new land missiles, including a President George Bush stated in his clearing the way for the ratification of hard-to-find mobile missile that even January 15, 1993 Letter of Transmittal START II. the United States does not have. It al- to the Senate— It has thus been a full year since lows them to conduct aggressive mili- START II has been ready for Senate The START II Treaty is clearly in the in- tary exercises and to increase anti-U.S. advice and consent to ratification, and terest of the United States and represents a watershed in our efforts to stabilize the nu- intelligence. I am pleased that it is finally being clear balance and further reduce strategic of- I feel that no effective verification or considered by the full Senate. The For- fensive arms. I therefore urge the Senate to enforcement could be put in place with eign Relations Committee has held give prompt and favorable consideration to this treaty, even if the Russians should eight hearings on the treaty, in open the Treaty, including its Protocols and comply with it. But let us look at the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S467 history. People assume they are going Treaty and the START II treaty, but in dent currently is embracing that very to comply with the START II treaty fact the President thinks there is. He notion that Reagan rejected, even but they did not comply with the has stated that there is, and he accepts though, since 1986, the missile threat START I treaty, they did not comply the Russians’ linkage between these has greatly increased and Russia has with the biological weapons conven- treaties, which says that we must violated treaty after treaty. We have tion, with the chemical weapons con- abide by one, the ABM Treaty, to get to ask, what is so good about the trade- vention, the INF treaty, the ABM the other, the START treaty. off now? Treaty. Just around Christmastime You might ask yourself the question: Mr. President, I will make this brief Pavel Grachev, who is the Minister of why is it that Russia is so interested in because I have made this statement on Defense for Russia, made a statement those two treaties? First of all, I have the floor so many times before. I have that they did not intend to comply serious doubts that they would comply deep concern about what is happening with our Conventional Forces Europe with the START II treaty. Maybe they right now with our attitude toward a treaty, the CFE treaty. have doubts that they would, too. But national missile defense system. It is Their reason for not complying, he it seems to me they are bent on our kind of interesting—all these people said, was that the CFE Treaty was not agreeing to reduce our nuclear capa- who come in and want to talk about a treaty made between the United bility, which they would do to, and at how bad a national missile defense sys- States and Russia, but between the the same time they are even more in- tem is always use such words as ‘‘Star United States and the USSR. I would terested in the ABM Treaty. I think Wars,’’ trying to make it look like ask why, if that is true, are we so com- this is something we really have not something that is mythical, something pelled to comply with the ABM Treaty, talked about enough. that is science fiction. In fact, anyone which also was not between the United The ABM Treaty was one that was who was watching TV during the Per- States and Russia, but was ratified in put together in a Republican adminis- sian Gulf war knows that the tech- 1972 when Russia was still the Soviet tration. It was and nology of knocking missiles down with Union? So I have to ask the question, ’s project. Dr. Kis- missiles is something that is alive and why is it so important, at this par- singer was the architect of the ABM well. President Clinton appointed Jim ticular time, to have the START II Treaty of 1972. In 1972 we had two su- Woolsey to be CIA Director, and he was perpowers in this world. Mr. President, treaty? certainly privileged to more informa- Let us look at what has happened we could identify who the enemy was. tion, or as much as anyone else in the just recently. I know we all rejoiced At that time it seemed to be a good world, concerning this Nation’s de- just a few years ago when Boris Yeltsin idea. I did not agree with it at the fense. And he said that there are be- and the reformers took control. But time, but I certainly did not question tween 20 and 25 nations around the look what happened just in the last the wisdom of President Nixon and of world who currently have, or are devel- election, last December, of the Duma. Dr. Kissinger, because it seemed that a oping, weapons of mass destruction, ei- The Communists, now, have 157 seats; policy of mutual assured destruction ther nuclear, chemical, or biological, Boris Yeltsin and the Reform Party, was in the best interests of the United and are developing the missile means only 55 seats; the person I think most States. Simply put, that is a policy to deliver those weapons of mass de- people here dread more than anyone that says: we agree not to defend our- struction. else, Vladimir Zhirinovsky, his party, selves and not to implement a national So there is a greater threat. Most the Ultranationalists, took 51 seats. So missile defense system if you agree to people who are watching the security he is almost even with Yeltsin’s party, do the same thing. That way, the risk scene today believe there is a greater and it is just one-third of what the of complete destruction keeps us from threat facing America today than there Communists now have. So, it is a to- attacking each other. was during the cold war, because now tally different environment right now You may believe that this was not a we are not talking about one enemy, in Russia from 1993, when the START good idea at the time. I did not think we are talking about 25 or so countries II treaty was signed by President Bush it was a good idea. But there is cer- that are developing this technology. and President Yeltsin. tainly some justification for it. If anyone is comfortable in what is I think, when you realize that we are That is not the environment that we happening right now, I suggest that ratifying a flawed agreement with a are in today. In fact, Henry Kissinger you read last Wednesday’s New York country that has never lived up to pre- himself has said that it is insane to Times. I will not submit this for the vious agreements, and that we are ac- continue with this type of policy in to- RECORD because I did so yesterday cepting Russia’s demands that we re- day’s environment when you have the when I first read it. I was still in some main naked to missile attacks from all proliferation of nuclear weapons and degree of shock. The New York Times over the world, that this is wrong. weapons of mass destruction all provides fresh evidence of the folly of On December 28 President Clinton ve- throughout the world. It was Kissinger leaving America vulnerable to ballistic toed the defense authorization bill. His who said, and this is a direct quote: ‘‘It missile attack. prime objection to this bill was that we is nuts to make a virtue out of our vul- In an article entitled—listen to this— were spending money on a national nerability.’’ ‘‘As China threatens Taiwan, it makes missile defense system. In his message People have made several references sure United States listens—’’ the he declared that this might violate the to the fact that President Reagan actu- Times reports on ominous information 1972 ABM Treaty, which prevents the ally started some of the START nego- recently passed to National Security deployment of a multiple-site missile tiations. But I would recall the 1986 Adviser Anthony Lake concerning defense system in the United States. Reagan-Gorbachev summit in Iceland. measures being taken by Beijing to fa- Clinton stated that the missile defense It was really the defining moment in cilitate military action against Tai- plan ‘‘* * * puts the United States pol- the cold war. Gorbachev proposed to wan, and points to statements intended icy on a collision course with the ABM eliminate all nuclear weapons and ev- to detour the United States from com- Treaty and puts at risk continued Rus- eryone was all excited. But then he es- ing to Taipei’s assistance. Referring to sian implementation of the START I tablished the condition that President Charles Freeman—he is a former U.S. treaty and Russian ratification of the Reagan would have to kill the Stra- Ambassador to China, now Assistant START II treaty.’’ tegic Defense Initiative, a plan for a Secretary of Defense—the article re- Our President rejects a national mis- national missile defense system. In ports that ‘‘A Chinese official told him sile defense system. He says that U.S. other words, he said we will agree to of the advanced state of military plan- national security in the post-cold-war doing away with and destroying all nu- ning and that preparations for a mis- world rests on two treaties, the ABM clear weapons if you agree to make sile attack on Taiwan and the target Treaty and the START treaty, both ne- yourself vulnerable to an attack. selection to carry it out have been gotiated at the height of the cold war. Reagan walked away from the bad completed and await final decision by That is the linkage the President is agreement in order to save the United the politburo in Beijing.’’ Freeman re- making. We can argue whether or not States missile defense program. We are portedly told Lake that ‘‘A Chinese of- there is a linkage between the ABM faced with the same choice. Our Presi- ficial asserted that China could act

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S468 CONGRESSIONAL RECORD — SENATE January 26, 1996 militarily against Taiwan without fear reaching across the Atlantic or the Pacific. But we are giving Russia a practical of intervention by the United States It’s not hard to imagine that Washington or veto on our ability to defend ourselves. because American leaders ‘care more San Francisco would make tempting targets We have countries out there—China we about’ ’’—listen to this—‘‘Los Angeles for a lunatic leader in one of the Iraqs or just talked about, North Korea, Iran, North Koreas of the world. When that hap- than they do Taiwan.’’ That statement pens, it will be too late to start building a Iraq, Libya—any number of countries Mr. Freeman characterized as an indi- missile defense. that are a direct threat to this coun- rect threat by China to use nuclear The ABM Treaty is just one relic of the try, and they are not constrained by weapons against the United States. Cold War that Mr. Clinton is intent on pre- any of the provisions in the START II Mr. President, this is the environ- serving. He further objects that it would de- agreement or in the ABM Treaty. ment we are in today. Today the Sen- rail his arms-control efforts, keeping the My simple proposition is this: Missile ate is considering a treaty, START II, Russian Duma from ratifying Start II, under defense should be our highest national that will further endanger our country which Russia would reduce its nuclear arse- security priority. If the President be- nal to 3,500 warheads from about 8,000. What- because the President and the Russians ever the Duma does, it looks likely that the lieves that our highest priority must link it to the ABM Treaty, which pre- U.S. Senate will ratify Salt II three years be sacrificed to gain Russia’s approval cludes our country from defending after it was signed by Presidents Bush and of START II, I say it is too high a price itself against missile attack. Yeltsin. Perfunctory debate ended last week to pay. I would like to submit something for and a vote is expected soon. Mr. Forbes, free Mr. President, every time I come out the RECORD. It was in the Wall Street of the impact of past habit, is one of the few here and we talk about this treaty or Journal, in an editorial called, ‘‘The Republican voices urging against ratifica- we talk about the ABM Treaty or we ABM Treaty’s Threat,’’ on January 2. tion. talk about the missile defense of this I ask unanimous consent that it be Yet with few exceptions, Republicans do believe that defending America against mis- country, I remember the days following printed in the RECORD. sile attack ought to be a national priority. the April 19 bombing in City There being no objection, the mate- Their Congress has put forward a workable in my beautiful State of Oklahoma. I rial was ordered to be printed in the and affordable plan toward that goal. On the had very close friends with daughters RECORD, as follows: other hand, we have a President who’s de- and sons and mothers and fathers who [From the Wall Street Journal, January 2, cided that it is more important to the secu- were in that building, the Murrah Fed- 1996] rity of the United States to reduce the num- eral Office Building in Oklahoma City, ber of Russian nuclear warheads than to THE ABM TREATY’S THREAT hoping day after day and hour after have the capability to defend ourselves With his veto of the 1996 defense bill last against missile attack from the madmen of hour that they would find them still to week, President Clinton just made the world the world. be alive until finally all hope was given a more dangerous place. If there’s a silver As for Start II, somehow we don’t find it up. We lost 169 lives in the most brutal lining, it is that it sets down an important very comforting to contemplate a world in terrorist attack in the history of political marker for this year’s presidential which the Russians have 4,500 fewer scary campaign. GOP upstart Steve Forbes also America. I saw those things. My son, things tucked away in their arsenal but a put down a marker last week, castigating an orthopedic surgeon, was practicing Saddam Hussein has one that he intends to Bob Dole and the Senate for their apparent with a doctor who went in and ampu- use on us. Clearly it’s time for a new secu- willingness to ratify the Start II treaty—a tated the leg of a woman in order to ex- rity strategy. It will require more, but mis- ‘‘further pretext,’’ Mr. Forbes said, for the sile defense will be a cornerstone. Mr. Ikle´ tract her from the bomb site. ‘‘policy of leaving the American people vul- argues that to wake the world to this obvi- When I think about that, I remember nerable to missile attack. ous need may well take a nuclear explosion, that the bomb which blew up the Fed- Given the current Senate, the President’s either accidental or deliberate. eral building was rated at 1 ton of TNT, veto is almost certain to be sustained, and the smallest nuclear warhead hamstringing the effort to build critically Mr. INHOFE. Mr. President, I will needed defenses against ballistic missile at- quote one sentence, which says: known today is rated at 1 kiloton of tack. Millions of Americans may pay for his As for START II, somehow we don’t find it TNT, or 1,000 times the size of the decision with their lives, when some future very comforting to contemplate a world in bomb that exploded in Oklahoma City. commander-in-chief lacks the means to which the Russians have 4,500 fewer scary That is why I stated on this floor last shoot down a ballistic missile heading on a things tucked away in their arsenal but a week that if the vote is 98 to 1, I will lethal trajectory for an American city. By Saddam Hussein has one that he intends to be the one to oppose the ratification of vetoing the bill, Mr. Clinton also shows that use on us. the START II agreement because, Mr. he has no viable strategy for dealing with So, in conclusion, I say, Mr. Presi- President, it is the right thing to do for the changed nuclear realities of the post- dent, that passing of this treaty right Cold War world—realities that are discussed America. nearby by former Reagan Defense official now may be important to the Presi- I yield the floor. Fred C. Ikle. dent’s agenda. But if this treaty is Mr. KENNEDY. Mr. President, I urge The Administration, to the extent it’s really important, why are we rushing my colleagues to vote to ratify the thinking at all instead of repeating Demo- through it with so little debate? START II agreement. By ratifying this cratic Party rote, remains mired in an obso- This morning we had a meeting in treaty, the Senate will be taking a lete mindset that sees Moscow as our main my office at 9 o’clock. It was with the major step toward eliminating the foe and regards arms control and ‘‘mutual 11 freshmen that were elected to this menace of nuclear arms from the face assured destruction’’ as the centerpiece of body in 1994. At that time we did not of the Earth. policy. Mr. Clinton’s principal objection to the GOP defense bill is that by requiring de- even know this was going to be on the Since the dawn of the nuclear age at ployment of a missile-defense system by 2003 agenda today. This was put on 10 hours the end of World War II, nuclear arms it would violate the 1972 Anti-Ballistic Mis- ago before we had a chance to come control has been our highest priority. sile Treaty under which the U.S. and the So- out, debate it, get people together to One of President Kennedy’s proudest viet Union agreed not to defend themselves really be concerned and to understand achievements was the Limited Test against missile attack. the full ramifications of this treaty Ban Treaty of 1963. which banned nu- The Republican bill is ‘‘on a collision and how it provides a chance of making clear tests in the atmosphere, in outer course with the ABM treaty,’’ Mr. Clinton us vulnerable—10 hours. That is all the space, and under water. Many of us said in his veto message. That, as we see it, is precisely the point. The ABM Treaty is a time we had. today continue to attempt to build on grave danger to national security and the What kind of a message will the that achievement by enacting a com- United States ought to exercise its preroga- rogue countries in the world get if we prehensive test ban treaty to ban all tive to withdraw. If any progress toward de- pass, on the same day, a defense bill re- nuclear tests. fense is to be made, every Republican Presi- cently stripped of missile defense and a In recent decades, we have made dential candidate ought to pledge to give the START II Treaty on Russia’s terms? progress toward reducing covert nu- required notice on his first day in office. Just to satisfy Russia, President Clin- clear arsenals. Negotiations on the We thought back in 1972 that agreeing not ton was willing to veto the defense bill Strategic Arms Reduction Treaty to defend against missile attack was a reck- less promise, but today any vestige of a ra- that attempted to protect Americans began in 1982, at one of the most dif- tionale has vanished. More than two-dozen from missile attack. ficult points in our cold war relation- nations already possess ballistic missiles and Yes, we are getting the Russians ship with the Soviet Union. Although a number will soon have missiles capable of down to 3,500 missiles, if they comply. the first years of the START process

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S469 saw only sporadic progress, our goal of ing review of the Nuclear Non-Pro- Russia in days much darker than these. achieving significant, verifiable reduc- liferation Treaty last spring, many of We cannot base an issue of such monu- tions in the superpowers’ strategic nu- the nations which voted with us for a mental importance to our security as clear arsenals never wavered. permanent extension of that treaty the quantity and quality of weapons When the Berlin Wall came down in conditioned their vote on progress in possessed by the world’s second largest 1989, our long-standing efforts were re- United States-Russian arms reduction, nuclear power on the intricacies and warded with the signing of the START specifically the approval of START II. imponderables of Russian politics. I Treaty by President Bush in 1991 and If the United States is to lead a What is going on inside Russia today, its ratification by Congress the fol- worldwide effort to eliminate the and what we can do to turn it to our lowing year. threat of nuclear, chemical, and bio- advantage will be debated for years. We Now, nearly 3 years after the signing logical weapons, we need to take steps should lock in the reductions in of START II by President Bush in Mos- to reduce the United States and Rus- START II made possible by the col- cow, we are achieving another mile- sian nuclear arsenals. This treaty rep- lapse of the Soviet Union while we stone in the process by ratifying this resents the single largest step in that have the opportunity. far-reaching agreement. direction in history. It earns us the I am not going to go into too much This second Strategic Arms Reduc- credibility and respect necessary to en- detail. My colleagues are all familiar tion Treaty lives up to its name—it able President Clinton to conclude ne- with the treaty. I do, however, want to bring about dramatic reductions in the gotiations in 1996 of the Comprehensive point out a number of its more salient strategic nuclear arsenals of the Test Ban Treaty, outlawing nuclear ex- and compelling provisions. If fully im- United States and Russia. The United plosions around the globe. This plemented, START II will limit the States and the Soviet Union had arse- achievement, which is within our United States and Russia to 3,500 de- nals with over 10,000 nuclear warheads grasp, will be the most important step ployed warheads each—a reduction by when the Berlin Wall came down. toward limiting worldwide nuclear pro- half of our START I limits and an over- START I is bringing the level down to liferation since the NPT was nego- all reduction of two-thirds; it will ban between 6,000 and 7,000. START II will tiated nearly three decades ago. all land-based, multiple warhead mis- cut the arsenals in half again—to be- The end of the cold war has recast siles; and it will eliminate all of Rus- tween 3,000 and 3,500 nuclear warheads the international security landscape. sia’s heaviest missiles. by the year 2003. It has been more than Before the Berlin Wall fell, there was In addition, I believe the Foreign Re- 40 years since Russia’s nuclear threat little hope of cutting nuclear arsenals lations Committee and the managers of to the United States has been this this deeply. Now, we have a unique op- the resolution have added crucial con- small. We are moving in the direction portunity to reduce the nuclear threat ditions which improve upon the treaty. of eliminating the nuclear menace that to all nations. I find two of these conditions most threatens our national survival. The NPT, the Comprehensive Test striking: One concerning noncompli- In addition to reducing the size of the Ban, and the two START treaties are ance and the other the ABM Treaty. United States and Russian arsenals, pillars of an evolving strategy that re- The record of Russian compliance the treaty before us will restructure lies increasingly on cooperation and with other treaties, the Conventional the strategic forces of both nations to consensus to achieve security from nu- Forces in Europe Treaty and the Bio- create a more stable nuclear relation- clear threats, even as we continue to logical Weapons Convention, are not ship. maintain the forces necessary for a sta- entirely reassuring. Compounding the First, the treaty eliminates multiple ble deterrent. problem of noncompliance, the admin- independently targetable re-entry vehi- One of our greatest challenges is to istration’s efforts to bring the Russians cles [MIRV’s] from the land-based mis- continue this progress, to pursue arms into compliance have been no more re- sile forces of both nations. This step control as vigorously as we can, to assuring. In the case of the CFE Trea- achieves a goal that many of us have bring other nations into cooperative ty, the administration made sub- sought for over two decades—to elimi- security regimes, to do all we can to stantive changes in Russia’s obliga- nate the incentive for either side to prevent nuclear weapons from reaching tions, without Senate consent, in an ef- strike at the other’s multiple-warhead the hands of terrorists, and to develop fort to gain Russian compliance. De- land-based missiles in a time of crisis. more effective means for peaceful reso- spite this effort, months later, the ad- Another major accomplishment of lution of international conflicts. These ministration was forced to declare the treaty is to eliminate heavy efforts, if tenaciously pursued, will Moscow in violation of the very targets ICBM’s from the arsenals of both coun- allow us to reduce, and perhaps one designed to accommodate it. An article tries. The SS–18 missile in the Russian day, to eliminate, weapons of mass de- in this week’s Washington Post by arsenal, which caused such concern for struction from the face of the Earth. I Thomas Lippman illustrates a similar the United States for so long, will be urge my colleagues to ratify this trea- problem related to Russian START I scrapped. ty. compliance. I ask that it be printed in Another strength of this treaty is in Mr. MCCAIN. Mr. President, I rise in the RECORD. the area of verification. START II support of the START II Treaty and The Foreign Relations Committee builds on the ground-breaking the conditions and declarations out- has wisely seen fit to deal with this verification regime established by the lined in the resolution of ratification. problem. According to a condition START I Treaty. This regime includes Last month’s Russian parliamentary passed by the Foreign Relations Com- extensive onsite inspections, notifica- elections, in which opponents of free mittee before sending the resolution of tions, and the use of national technical market reform and conciliation with ratification to the floor, the President means of verification, our network of the West made shocking gains, and the must report to the Senate on non- intelligence satellites and sensors. In resignations from President Yeltsin’s compliance and submit changes in the ways like these, the ratification re- administration of several important re- obligations of the parties to the Sen- gime gives us a high degree of con- formers have created an atmosphere of ate. The Senate has every right to re- fidence that we can accurately assess great uncertainty in United States- view changes in the obligations and Russian compliance with this treaty. Russian relations, I daresay there is no trade-offs to which it agrees. In the In addition to the verification proce- one in this body that has failed to see case of persistent noncompliance, the dures included in the treaty, the great- the significance in these events. I am President must return to the Senate to er openness in current-day Russian so- sure that they will figure prominently seek its consent to continue U.S. ad- ciety, compared to the closed nature of in the foreign policy debates of the herence. the Soviet Union, gives much wider in- coming year. The committee is to be commended formation about Russian strategic be- These developments, however, as dis- for taking responsible action on an havior and intentions. turbing as they are, should not pre- issue so potentially and justifiably START II is also a major part of the clude us from moving forward with damaging to the treaty’s prospects. effort to prevent the proliferation of arms control agreements. We have With regard to the ABM Treaty, the nuclear weapons to other nations. Dur- reached arms control agreements with tortuous process by which agreement

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S470 CONGRESSIONAL RECORD — SENATE January 26, 1996 was finally reached on the DOD author- and Russia are cooperating on many other adopted specified that this country will not ization bill was a reminder that it re- issues, such as the peacekeeping mission in be bound by its terms until it has been rati- mains a hotly contested issue not soon Bosnia. fied by the Russian Duma, a much more du- Clinton and Yeltsin on May 10 issued a bious proposition. to be resolved. The Foreign Relations ‘‘Joint Statement on the Transparency and Russian ratification is not imminent, sev- Committee, again commendably, has Irreversibility of the Process of Reducing eral analysts said, because of strong opposi- acted to preclude linking the futures of Nuclear Weapons,’’ containing measures by tion in the recently elected Duma, or lower the START II and ABM Treaties. After which each country could assure itself that house of parliament, where many members all, these treaties were reached in dif- the other was carrying out promised nuclear reportedly regard its terms as skewed in ferent eras and are separated by 20 weapons reductions. favor of the United States. They said the two countries would ‘‘ex- The Senate resolution called on ‘‘both par- years. The Foreign Relations Com- ties to the START II treaty to attach high mittee has included a condition stating change on a regular basis’’ detailed informa- tion on their stockpiles of weapons and nu- priority’’ to implementation of the May 10 that Russian ratification of START II clear materials. They also said the two coun- joint declaration so that compliance with should not be contingent on continued tries would undertake ‘‘reciprocal moni- START I and START II can be verified, but adherence by the United States to Rus- toring’’ of the facilities where they store nu- did not make implementation a condition of sian interpretation of the ABM Treaty. clear materials removed from dismantled START II ratification. The managers amendment makes this warheads. And they said they would ‘‘seek to U.S. officials involved in the ‘‘trans- conclude in the shortest possible time’’ a parency and irreversibility’’ issue offered more explicit by declaring that nothing several explanations of what might be hold- in the START II Treaty changes the legal agreement ensuring protection of the exchanged data. ing up an agreement on the Russian side. rights of either party to the ABM trea- None of it has happened. The legal agree- ‘‘The Russians have essentially told us ty. ment was never negotiated, making it impos- they are doing a reassessment. It probably Like NAFTA, START II is a Repub- sible to exchange classified data and develop has to do with the political situation there,’’ lican treaty—inspired by Ronald the ‘‘chain of custody’’ agreement sought by one said. ‘‘They have a lot of communists the United States. And the United States re- and nationalists in the Duma.’’ Reagan and negotiated by President The Russians ‘‘have very limited inter- fused to allow Russian officials to inspect Bush. Ronald Reagan came to office agency communication,’’ another source the only U.S. nuclear weapons dismantle- pledging ‘‘peace through strength’’ and said. ‘‘Their vertical communication is rel- left office having concluded the first ment facility, the Pantex plant near Ama- atively poor. And there’s the fiefdom prob- rillo, Tex., because Russia would not allow lem,’’ an indirect allusion to the prickly and strategic weapons reduction treaty in U.S. inspectors to visit a comparable plant history. START II builds on these his- independent Russian Atomic Energy Min- there. ister, Viktor Mikhailov. ‘‘We’re talking toric reductions. The Senate should In the same joint declaration, Clinton and about letting out information about the Yeltsin ‘‘urged progress’’ in carrying out a follow through on President Reagan’s crown jewels,’’ another U.S. official said. vision and ratify the START II Treaty. 1994 agreement by which Russia was to cease ‘‘Both sides are pretty nervous about it, but There being no objection, the article producing plutonium, the key building block especially them.’’ was ordered to be printed in the of nuclear weapons. That has not happened either, officials said, but for different rea- Mrs. MURRAY. Mr. President, I rise RECORD, as follows: sons: The United States has been able to today to express my unqualified sup- [From the Washington Post, Jan. 21, 1996] come up with the money to replace the elec- port for ratification of the START II RUSSIA BALKS AT ARMS ACCORD; FAILURE TO tric power and heat generated by the Rus- Treaty. I am happy that the Senate is IMPLEMENT CLINTON-YELTSIN AGREEMENTS sian plutonium-producing reactors, so the re- finally considering this measure and FRUSTRATES U.S. OFFICIALS actors still are operating. believe the implementation of this (By Thomas W. Lippman) Discussions on this issue are to resume treaty is another step on the road to later this month, Energy Department offi- Russia has balked at implementing any of cials said. eliminating the most destabilizing the nuclear security and weapons inspection The failure to implement the agreements strategic weapons. agreements announced by President Clinton contributes to widespread suspicion in Con- In January 1993, President George and President Boris Yeltsin at their summit gress about the ability and will of the Rus- Bush and President Boris Yeltsin meeting last May, throwing up a major road- sian defense establishment to carry out such signed the treaty between the United block to U.S-Russian cooperation in key se- accords. States and the Russian Federation on curity issues, U.S. officials said. That suspicion was manifest when the Sen- further reduction and limitation of After a promising start on discussions ate began consideration of the START II aimed at carrying out the agreements, the strategic arms. Their determination arms reduction treaty on the Friday before and cooperation helped build upon the Russians pulled back and have essentially Christmas. In that session, which attracted suspended the talks, according to several of- little notice because of the timing, the Sen- progress that was achieved from the ficials who said they were perplexed and ate approved a Resolution of Ratification START I Treaty. The result of START frustrated by the developments. that directs the president to follow specific II will mean greater reductions in stra- Officials at the State Department, the procedures in the event of Russian non- tegic nuclear forces. White House and the Arms Control and Dis- compliance. Ratification of this treaty today is armament Agency said it is unclear why the ‘‘In the event that noncompliance per- critical, as it continues a process begun Russians have backed away and there may sists’’ after diplomatic approaches, the reso- by START I. This treaty will help en- be multiple reasons. What is clear, they said, lution says, the president must return to the is that the mutual inspections and data ex- hance U.S. and international security Senate for a determination of whether the and substantially reduce the number of changes on weapons and nuclear materials— United States will continue to be bound by which the presidents said would happen—are the treaty. strategic warheads currently deployed not about to happen. ‘‘Obviously we all hope and require that by both countries. In early December, I The failure to carry through on the agree- the Russians fully comply with START II,’’ joined a number of my Senate col- ments does not by itself threaten U.S. secu- said Sen. John Kyl (R-Ariz.). leagues in sending a letter to the ma- rity or U.S.-Russian relations, officials said. ‘‘But their record and the record of the jority leader urging that both START But in the context of other recent develop- former Soviet Union with respect to compli- II and the Chemicals Weapons Conven- ments in Russia such as the removal of al- ance with arms control agreements is some- tion [CWC] be brought before the Sen- most all pro-Western reformers from what dubious. I will note just a few of the ate for action. Shortly thereafter, the Yeltsin’s government and the appointment areas of violation in the past: the Biological of a Russian nationalist, Yevgeny Primakov, Weapons Convention, the Chemical Weapons Senate Foreign Relations Committee as foreign minister, it adds to a troubling re- agreements, the Missile Technology Control voted unanimously to approve ratifica- cent pattern that has clouded Washington’s Regime, START I and the conventional tion of START II. This issue has bipar- relations which Moscow. forces in Europe treaties. All of these agree- tisan support. Today we have an oppor- ‘‘We hope to implement all the agreements ments have provisions that Russia has in one tunity to act on that. presidents Clinton and Yeltsin arrived at way or another failed to comply [with],’’ Kyl Mr. President, this treaty has many during their Moscow summit,’’ State Depart- said. important provisions. It will eliminate ment spokesman Nicholas Burns said. ‘‘Over The START II treaty, signed in 1991, re- around 4,000 strategic nuclear weapons the past couple of years we have found that quires the United States and Russia to make from the arsenal of the former Soviet some of these arms agreements are very dif- further deep cuts in their nuclear arsenals ficult, and it is sometimes necessary to bring and delivery systems by 2003. During the pre- Union. Specifically, it will eliminate in senior officials because the bureaucracy in Christmas discussion, senators of both par- all Russian heavy intercontinental bal- both countries can only take them so far,’’ ties made clear that they will ratify it by an listic missiles [ICBM’s], and all mul- Burns said. He added that the United States overwhelming vote, but the resolution they tiple-warhead ICBM’s. Eliminating

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S471 these weapons would greatly reduce ity of my colleagues in strongly sup- dress, by a rather ad hoc process, ques- the threat of first strike in the event of porting the ratification of START II, tions regarding our role, mission and renewed hostilities with the former So- and hope it will move quickly into methods in the new era. viet Union. By eliminating this capa- force. Indeed, this treaty is key to our The Congress, and particularly the bility, United States-Russian strategic national and international security, Senate, will play a pivotal role in that relations will be strengthened. and will help set the tone for what debate, Mr. President. I have made Another important aspect of START should be a more peaceful era. clear my view that it will be incum- II is that it strengthens our ability to Mr. President, the risk of detonation bent on this body to assert its constitu- verify information, conduct on-site in- of a nuclear device in Western Europe tional prerogative in shaping the fu- spections, and deter possible violations or the United States may have actually ture of our national security posture. of the treaty. This will help ensure increased since the end of the Cold compliance and allow monitoring of War. There are literally tens of thou- Ratifying the START II treaty will the progress being made to reduce sands of weapons, and mass quantities be an important step in accepting and these weapons. Under this treaty, re- of nuclear materials, in Russia’s stock- asserting our responsibilities. Time is duction of arms will take place over a pile, and their safety and security are of the essence, Mr. President. The Rus- 5- to 7-year period. When these reduc- in question. Just one of those has to sian Duma will not ratify the Treaty tions are completed, the United States get into the hands of a rogue nation or until the Senate does, and, as we saw and Russia will each be limited to be- a high-paying terrorist to threaten or in last month’s parliamentary elec- tween 3,000 and 3,500 deployed strategic destroy Washington, Bonn, London, or tions in Russia, the Duma could be- warheads. It is my hope that ratifica- any other major metropolis. come more anti-Western and regres- tion of this treaty today will help en- When START II goes into force, how- sive. We must lock in these reductions, courage Russia to complete its own ever, 8,000 strategic weapons—4,000 and begin implementation of START II START II ratification efforts. from both Russia and the United as soon as possible. Mr. President, since the end of the States—will be tabbed for destruction. The Senate has dallied long enough cold war, our world has undergone a This will include the abolition of the on issues of paramount importance to tremendous transformation. There is core of the Russian nuclear arsenal— national security. START II and the less fear and worry about nuclear war. the deadly SS–18—and the multiple equally vital Chemical Weapons Con- We have made substantial efforts to re- independent re-entry vehicles vention have unfortunately been held duce nuclear weapons. President Clin- [MIRV’s], significantly reducing the hostage by the Senate Foreign Rela- ton has made nonproliferation and likelihood of either side launching a tions Committee. This has reflected arms reduction a major priority. But nuclear first strike. START II, how- badly on this Senate, and badly served the weapons are still here. Ratification ever, does leave intact our defensive, US interests. Therefore, I am gratified of this treaty clearly represents signifi- second strike capability. that we are finally here today, debat- cant progress with regard to reducing Implementation of START II, more- ing START II, and would urge swift nuclear arms. However, there is still over—coupled with the Non-Prolifera- ratification of this treaty and the CWC. work yet to be done. tion Treaty the United States signed We must consolidate the gains the new Last year 187 nations voted to indefi- earlier this year—would reflect monu- era affords us, lest we revert back to nitely extend the Nuclear Non-Pro- mental reform of our nuclear posture. the dangers and antiquated thinking of liferation Treaty [NPT] with a commit- Not only will these two treaties help the cold war. ment to work on a Comprehensive Test reduce the possibility of an accidental Mr. DORGAN. Mr. President, I rise to Ban [CTB] Treaty. I am extremely en- launch or the sabotage of nuclear urge my colleagues to ratify the second couraged by this action and believe weapons and materials, they will estab- Strategic Arms Reduction Treaty by that we must work to reach an agree- lish a new approach toward global non- an overwhelming vote. This treaty will ment on a CTB in the near future. In proliferation. As the United States and receive bipartisan support because it addition, the Chemical Weapons Con- Russia will downsize their stockpiles, makes an enormous contribution to vention [CWC] is also awaiting ratifica- other nuclear countries could proceed our security. That is why I am glad to tion by the United States. The CWC with reduction of their arsenals. This be part of a large group of Senators bans the development, production, will bring us several steps closer to who support this treaty. stockpiling, and use of toxic chemicals successful conclusion of a comprehen- President Bush and President Yeltsin as a weapon. Clearly, we must elimi- sive nuclear test ban treaty. of Russia signed the START II Treaty nate these weapons of mass destruc- Perhaps the most significant achieve- in January of 1993, in one of the great- tion. By addressing these issues, it is ments of START II would be the con- est achievements of the Bush adminis- my hope that other countries will be secration of an international alliance tration. Once President Clinton agreed more likely to follow the U.S. example against the scourge of nuclear war, on the implementation of the first and end their reliance on a nuclear de- rather than continuation of the build- START Treaty with the leaders of terrent. up by nations which could each inde- Mr. President, today we have an op- pendently threaten a nuclear explo- Belarus, Kazakhstan, Russia, and the portunity to ratify a treaty that is sion. Ukraine, START I came into force in vital to U.S. strategic interests. We Mr. President, the post-cold war era December 1994, and the way was have an opportunity to help make the brings an opportunity to reshape U.S. cleared for ratification of this START world a safer place to live—a safer defense posture and policy. No longer II Treaty by the Senate and the Rus- place for our children. START II has will we have to rely on the threat of sian Duma. strong support from the American pub- nuclear weapons nor, I believe, perma- I will not dwell on why it has taken lic, the national security community nently deploy United States combat so long for the Senate to take up this and many Members of this body. We forces abroad, except in limited and treaty. I will only note that the Senate must continue with our efforts to re- rare occasions, in order to protect our Foreign Relations Committee con- duce these weapons of mass destruc- interests. ducted no business meetings for 41⁄2 tion, and ratification of START II is a While we can all agree on the need— months. It took courage for the Sen- critical step toward this end. indeed the moral imperative—of ending ator from New Mexico, Senator BINGA- I urge my colleagues to support this the threat of nuclear war, there is an MAN, to block other Senate business in measure. equal need for debate on where we go order to free the START II Treaty from Mr. FEINGOLD. Mr. President, 3 from here. For example, the mission a committee that had been shut down. years after its signing by the United and, indeed, the necessity of alliances So I want to congratulate him on the States and the Soviet Union, the sec- such as NATO—anchored in nuclear fact that the Senate is now debating ond landmark Strategic Arms Reduc- doctrine and massive retaliation—are this treaty. He has made a great con- tion Treaty has finally come to the only now being reconsidered. The Bos- tribution to our national security and floor of the Senate for consideration. I nia operation is the most recent exam- our future by ensuring that this treaty want to join the overwhelming major- ple of an unfortunate tendency to ad- come to the floor.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S472 CONGRESSIONAL RECORD — SENATE January 26, 1996 Mr. President, the START II Treaty data exchange, notification, exhibition, any possible future amendments to is the single greatest step in the his- and onsite inspection to detect and START II. I commend Senator STE- tory of arms control. It aims to elimi- deter possible breaches of the treaty. VENS and all of the members of the nate ‘‘first strike’’ capability. It is the But START II includes new Arms Control Observer Group for their fear of a nuclear first strike—some- verification measures, including obser- efforts to review this important treaty. times called a bolt out of the blue— vation of silo conversion and missile The START II Treaty is an impor- that keeps the nuclear powers on hair elimination procedures, exhibitions, tant step forward for arms control. trigger alert and encourages the nu- and inspections of all heavy bombers to Arms control measures are a more sen- clear arms race. But the START II confirm weapon loads, and exhibitions sible and cost effective means of ad- treaty would enable the United States of heavy bombers reoriented to a con- dressing the actual threats to U.S. na- and the Russian Federation to rest as- ventional role to confirm their observ- tional security than are some of the sured that neither can knock the other able differences. costly and theoretical ballistic missile out with a surprise attack. We North Dakotans know about nu- defense programs on which billions of Each would retain enough of a deter- clear weapons. After all, with our two taxpayer dollars have been lavished. I rent to inflict punishing retaliation Minuteman wings and our B–52 bomb- much prefer to spend money to destroy after a first strike, which means that a ers, it has been said that North Dakota actual missiles and missile silos out- first strike would be a losing strategy. is the third strongest nuclear power in right, than to spend money on exotic The United States would also retain a the entire world, after the United technologies of only hypothetical effec- hedge against a breakout from the States and Russia. We have been a cold tiveness. Reducing the threat by such treaty in the event of a military coup war arsenal for decades. We remain concrete measures is the cornerstone of or other reversal of democracy in Rus- ready to help ensure peace in a new effective threat reduction, which also sia. The remaining U.S. arsenal would world. reduces the need to spend, spend, also defend us against rogue nations At the same time, North Dakotans spend, on more and more costly and that might conceivably seek to threat- are glad to see the nuclear shadow dangerous weapons. en us or our allies with limited weap- lightening. It is time to ratify the Mr. President, the nuclear sword of ons of mass destruction. START II Treaty. Coupled with a Damocles has hung by a thread over Even as we strive for peace and sta- strong defense, it will help build our the lives of every U.S. citizen since we bility, we must not let our guard down. national security. I urge my colleagues entered the nuclear age. Arms control That is why it is essential that we re- to support START II. measures like this START II Treaty do tain a robust force of Minuteman III’s, Thank you, Mr. President. I yield the not remove that menacing sword, but B–52 bombers and submarine-launched floor. each arms control treaty strengthens ballistic missiles. Mr. BYRD. Mr. President, the Senate the thread suspending the sword, weav- It is important to note that the has had the opportunity to review and ing it into a sturdy, and safer, cord. START II Treaty would eliminate the consider the START II Treaty for al- Mr. SMITH. Mr. President, I rise to backbone of the Russian nuclear deter- most three years, and it is now offering offer some personal reflections on both rent, the massive SS–18 land-based mis- its advice and consent to that treaty. I the substance of this treaty and the sile. The Russians have 188 of them, am pleased to endorse this treaty, process by which the Senate is consid- with 10 warheads each. If ratified, which will substantially reduce the nu- ering it. START II will require the SS–18’s to be clear threat that has hovered for so Frankly, I am troubled by the casual, destroyed. More than 2,000 other Rus- many years like a dark cloud over both disengaged manner in which the Senate sian warheads would also be destroyed. the United States and Russia. The is exercising its advice and consent re- START II embodies the principle START II Treaty builds on twenty sponsibilities. Clearly, there are nu- that the cold war is over. We built up years of arms control efforts ranging merous issues of importance to the our nuclear capability in order to out- from the 1972 Anti-Ballistic Missile country which demand our attention weigh the Soviet Union’s numerical su- Treaty (ABM Treaty), through the these days. But national security pol- periority in conventional weapons, es- SALT I, SALT II, and START I trea- icy is not something that we can set pecially in Europe. The Soviet Union is ties. aside and deal with only when it is con- gone; the Berlin Wall is no more; Eu- The START II Treaty, signed by venient. rope is no longer divided by Communist Presidents Bush and Yeltsin on Janu- Maintaining a strong and effective tyranny. Much of our nuclear arsenal ary 3, 1993, commits the United States national security policy requires our has lost its purpose. By ratifying and Russia to deeper reductions in constant vigilance. It requires that we START II, the Senate would recognize strategic offensive nuclear weapons, rise above the kind of partisan politics that we have entered a new era. and goes beyond the START I Treaty which are so prevalent in Washington Ratification will also demonstrate to include warheads on heavy bombers. today. It requires that we submit pro- American leadership. It will show the The START II Treaty also establishes spective arms accords to rigorous ex- Russian Duma that the United States a limit of 3,500 deployed warheads, a amination and analysis to ensure that Senate is serious about arms control. ban on all land-based, multiple war- these treaties are verifiable, enforce- It will lead the way for other nuclear head ballistic missiles, and limitations able, and supportive of our national in- powers to cut their own stockpiles of on the number of warheads deployed on terests. weapons. And it will demonstrate to all submarine launched ballistic mis- But where has this scrutiny been? nonnuclear states that the United siles. When taken together and fully How many of my colleagues have actu- States is living up to the commitment implemented by January 1, 2003, ally sat down and reviewed the details made when we signed the Nuclear Non- START I and START II will have cut of this treaty? How many of my col- proliferation Treaty, that we would the deployed strategic weapons of the leagues have examined the verification work for an end to the nuclear arms United States and Russia by approxi- regime, the intelligence assessments, race and for nuclear disarmament. mately two-thirds. the Russian strategic modernization The START II Treaty would reduce The Arms Control Observer Group, program, and the political transition the likelihood of an accidental launch which I co-chair with the distinguished that is ongoing in Russia. With all due or terrorist attack. Fewer nuclear Senator from Alaska, Senator STE- respect, other than select members of weapons means better control over VENS, has offered a package of nine the Foreign Relations, Intelligence, those weapons by a country’s civilian amendments to the treaty document. and Armed Services Committees, I leadership. Better control means a less- These amendments address a number of would say very few. That does not er likelihood that those weapons will concerns. Most importantly, one speak well for this institution. It does fall into the wrong hands. amendment states that nothing in not speak well for those of us who have Lastly, the START II Treaty is START II changes the rights of either been elected to uphold the Constitu- verifiable. The treaty continues the party to the Anti-Ballistic Missile tion. stringent START I verification regime Treaty. Another states the require- Mr. President, I want to raise a num- of satellites and other intelligence, ment for Senate advice and consent to ber of issues that trouble me about this

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S473 treaty. First off, I am concerned by lating the CFE Treaty today by failing sured destruction is neither relevant loopholes in the treaty that allow to destroy tanks, armor and other to, or capable of deterring, these thousands of systems and warheads to weapons based east of the Ural moun- threats. The only responsible way to avoid destruction. The treaty estab- tains. We are talking about Russia’s counter ballistic missile threats to our lishes central limits on deployed sys- failure to honor its commitments made homeland is to develop and deploy na- tems and accountable warheads, but it less than a year ago in the joint state- tional missile defenses. does not require destruction of many of ment on the transparency and The truth is, missile defenses do not these systems. Either side is permitted irreversibility of nuclear arms reduc- threaten Russia. If Russia and the to retain a vast stockpile of non- tions. United States are no longer adver- deployed missiles, launchers, and war- And what about the recent Duma saries, and are no longer targeting nu- heads; but with the exception of the elections in which the nationalists and clear weapons against each other, how SS–18, only deployed systems are ac- Communists in Russia gained 33 per- could the deployment of a limited de- countable. This can hardly be consid- cent of the lower house seats? What fense against other potential adver- ered legitimate arms reduction. about Boris Yeltsin’s removal of vir- saries threaten Russia in any way? I am also troubled by the intelligence tually all pro-Western democratic re- How are we provoking Russia or under- community’s lack of confidence in its formers from his government? What mining cooperation if we defend the ability to verify Russian compliance. about the continuing onslaught in American people against the likes of Kim Jong-Il, Saddam Hussein, or Although the administration has tout- Chechnya where innocent civilians are Moammar Khadafi? ed the effectiveness of the START being routinely slaughtered in their Those who say that any decision to verification regime, which START II homes and in the streets? If Russia is engaging in such ruthless protect the American people against continues, the intelligence community ballistic missiles will kill the START has been less convincing. In its report behavior, and is continuing to violate its existing treaty obligations, all II Treaty are engaging in pure fear on the START Treaty, the Senate In- mongering. It is irresponsible and telligence Committee stated: under the stewardship of Boris Yeltsin and the more liberal, pro-democratic unsupportable. Members of the Senate should understand, Mr. President, against the current forces, how can we realistically expect however, that U.S. intelligence will have less backdrop of political, economic and its behavior to improve with the than high confidence in its monitoring of military turmoil in Russia, against the such areas as nondeployed mobile ICBM’s, hardliners now taking power. The backdrop of continuing noncompliance the number of reentry vehicles actually car- truth is there is absolutely no indica- ried by some ICBM’s and SLBM’s, and some with existing arms control agreements, tion that the Russian legislature will and against the backdrop of uncer- provisions relating to cruise missiles and the even ratify START II, let alone com- heavy bombers that carry them. tainty over the verification regime, ply. In fact, according to administra- why are we rubber stamping this trea- The Intelligence Committee’s report tion officials, the Russians have essen- continues, saying ‘‘this committee re- ty with very little consideration in the tially told us that they are delaying Senate? With so many questions unan- mains deeply concerned, moreover, consideration of START II indefinitely that Russia’s former, and perhaps con- swered, it seems to me that the most while they reassess the treaty. responsible course of action would be tinuing, biological weapons program At the same time, the Russians are for the Senate to delay action until we may indicate that the Russian military trying to manipulate the START II have a better understanding of the is capable of mounting or continuing a ratification issue to coerce financial military and political situation that is START violation, either in contraven- and military concessions from the unfolding in Russia. We also should de- tion of the wishes of Russia’s civilian United States. Specifically, the Rus- mand full compliance with all existing authorities, or with the knowledge or sians have stated that unless we sus- arms control accords before ratifying a support of at least part of that leader- pend NATO expansion, unless we con- new, major treaty. In my view, to rat- ship.’’ tinue to adhere unconditionally to the ify START II now, when Russia re- Mr. President, these are very sober- ABM Treaty, and unless we increase fi- mains in noncompliance with other ac- ing appraisals and they focus on a key nancial aid to Russia, they will not cords, would legitimize their behavior point. Without full, unconditional com- ratify START II. Where I come from and thoroughly undermine our na- pliance, no arms control agreement is that is called extortion. And it is tional security. We would, in effect, be worth the paper it is printed on. The wrong. former Soviet Union consistently vio- Yet advocates of the treaty, in both rewarding their defiance. That can lated every arms control agreement it the administration and Congress, are only encourage more violations, and was a party to. Indeed, on an annual going along with these Russian further jeopardize our security. I urge my colleagues to carefully basis, successive administrations cited threats, and using them as a rationale consider these issues. The Constitution Soviet violations of the SALT I and to slow NATO expansion, prevent the clearly calls upon us to safeguard the SALT II Treaties, the CFE Treaty, the United States from defending itself interests of the Nation through the ad- INF Treaty, the Anti-Ballistic Missile against ballistic missiles, and increase vice and consent process. While I sup- Treaty, the Limited Test Ban Treaty, foreign aid. But what about our sov- port the initiatives recommended by and the Biological and Toxin Weapons ereignty? What about the security of the arms control observer group to Convention. our Nation? What about the security of help strengthen the resolution of ratifi- But this pattern did not end with the NATO and the newly independent de- cation, they alone do not address the dissolution of the Soviet Union. Today mocracies in Eastern Europe? How can plethora of issues that remain out- Russia is in violation of the Biological we possibly bow to such extortion and standing. We do the Constitution and Weapons Convention and the CFE allow Russia to effectively wield a veto the American people a disservice if we Treaty. They are also refusing to im- over our national defense policies? It is fail to more thoroughly evaluate these plement any of the nuclear security morally, ethically, and strategically issues prior to ratification. For these and weapons inspection agreements an- misguided. reasons I must oppose ratification. nounced by President Clinton and Mr. President, I am particularly Mr. President, I ask that several arti- Boris Yeltsin at their summit meeting troubled by the bogus linkage that has cles be printed in the RECORD. last May. been drawn between the START II There being no objection, the articles I have heard many of the treaty’s Treaty and national missile defense. were ordered to be printed in the supporters brush off the noncompliance There is no legitimate linkage between RECORD, as follows: issue as an effort to revive outdated the two issues. The ABM Treaty was [From the Washington Post, Jan. 21, 1996] cold war rhetoric. But how does one ex- crafted during the cold war and is pre- RUSSIA BALKS AT ARMS ACCORD—FAILURE TO plain this continuing pattern of non- mised on the outdated doctrine of mu- IMPLEMENT CLINTON-YELTSIN AGREEMENTS compliance in the so called ERA of tual assured destruction. But the world FRUSTRATES U.S. OFFICIALS glasnost? We are not talking about is now multipolar. The monolithic So- (By Thomas W. Lippman) events that occurred 10 years ago, we viet threat has been replaced by nu- Russia has balked at implementing any of are talking about the Russian’s vio- merous regional threats. Mutual as- the nuclear security and weapons inspection

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S474 CONGRESSIONAL RECORD — SENATE January 26, 1996 agreements announced by President Clinton gress about the ability and will of the Rus- September U.N. deadline, John Holum, direc- and President Boris Yeltsin at their summit sian defense establishment to carry out such tor of the U.S. Arms Control and Disar- meeting last May, throwing up a major road- accords. mament Agency, said Jan. 19. block to U.S.-Russian cooperation in key se- That suspicion was manifest when the Sen- China’s insistence that a CTBT treaty curity issues, U.S. officials said. ate began consideration of the START II allow so-called peaceful nuclear explosions is After a promising start on discussions arms reduction treaty on the Friday before considered a key obstacle in the talks, which aimed at carrying out the agreements, the Christmas. In that session, which attracted are ruled by consensus. The other major nu- Russians pulled back and have essentially little notice because of the timing, the Sen- clear powers have rejected China’s stance. suspended the talks, according to several of- ate approved a Resolution of Ratification ficials who said they were perplexed and that directs the president to follow specific [From the Washington Post, Jan. 21, 1996] frustrated by the developments. procedures in the event of Russian non- JAPANESE FOREIGN MINISTER DELIVERS MES- Officials at the State Department, the compliance. SAGE OF COMMITMENT TO THE UNITED White House and the Arms Control and Dis- ‘‘In the event that noncompliance per- STATES armament Agency said it is unclear why the sists’’ after diplomatic approaches, the reso- (By Thomas W. Lippman) Russians have backed away and there may lution says, the president must return to the be multiple reasons. What is clear, they said, Senate for a determination of whether the Japanese Foreign Minister Yukihiko is that the mutual inspections and data ex- United States will continue to bound by the Ikeda, in office barely a week, raced through changes on weapons and nuclear materials— treaty. high-level Washington in the past few days which the presidents said would happen—are ‘‘Obviously we all hope and require that with a message of friendship, reassurance not about to happen. the Russians fully comply with START II,’’ and commitment to the U.S.-Japan security The failure to carry through on the agree- said Sen. John Kyl (R-Ariz.). partnership in Asia. ments does not itself threaten U.S. security ‘‘But their record and the record of the In meetings with President Clinton and his or U.S.-Russian relations, officials said. But former Soviet Union with respect to compli- senior foreign policy and national security in the context of other recent developments ance with arms control agreements is some- advisers, Ikeda said the United States and in Russia, such as the removal of almost all what dubious. I will note just a few of the its troops in Japan are ‘‘vital’’ to the secu- pro-Western reformers from Yeltsin’s gov- areas of violation in the past: the Biological rity of a potentially unstable region. ernment and the appointment of a Russian Weapons Convention, the Chemical Weapons That Prime Minister Ryutaro Hashimoto nationalist. Yevgeny Primakov, as foreign agreements, the Missile Technology Control sent him here on short notice on his first of- minister, it adds to a troubling recent pat- Regime, START I and the conventional ficial mission reflects the Japanese govern- tern that has clouded Washington’s relations forces in Europe treaties. All of these agree- ment’s view that the United States rep- with Moscow. resents ‘‘our most important bilateral rela- ‘‘We hope to implement all the agreements ments have provisions that Russia has in one way or another failed to comply [with],’’ Kyl tionship,’’ Ikeda said yesterday. presidents Clinton and Yeltsin arrived at In the past such views might have been during their Moscow summit.’’ State Depart- said. The START II treaty, signed in 1991, re- unremarkable. But the alleged abduction and ment spokesman Nicholas Burns said. ‘‘Over rape of a Japanese schoolgirl by U.S. service- the past couple of years we have found that quires the United States and Russia to make further deep cuts in their nuclear arsenals men on Okinawa last year have led to ques- some of these arms agreements are very dif- tions here and in Asia about the desirability ficult, and it is sometimes necessary to bring and delivery systems by 2003. During the pre- Christmas discussion, senators of both par- of keeping nearly 50,000 U.S. troops in Japan. in senior officials because the bureaucracy in Essays have been streaming out of foreign ties made clear that they will ratify it by an both countries can only take them so far,’’ policy think tanks suggesting that the vig- overwhelming vote, but the resolution they Burns said. He added that the United States orous, economically strong countries of the adopted specified that this country will not and Russia are cooperating on many other region should assume more responsibility for be bound by its terms until it has been rati- issues, such as the peacekeeping mission in their own security and the U.S. role perhaps fied by the Russian Duma, a much more du- Bosnia. should be reduced. bious proposition. Clinton and Yeltsin on May 10 issued a Absolutely not, said Ikeda, a former direc- Russian ratification is not imminent, sev- ‘‘Joint Statement on the Transparency and tor general of Japan’s defense agency. In the eral analysts said, because of strong opposi- Irreversibility of the Process of Reducing absence of a regional security framework tion in the recently elected Duma, or lower Nuclear Weapons,’’ containing measures by such as NATO, he said, the United States and house of parliament, where many members which each country could assure itself that its bilateral security agreements with Japan, the other was carrying out promised nuclear reportedly regard its terms as skewed in South Korea, the Philippines and Taiwan are weapons reductions. favor of the United States. the ‘‘pivot’’ of Asia-Pacific stability. They said the two countries would ‘‘ex- The Senate resolution called on ‘‘both par- In a statement issued as he took office change on a regular basis’’ detailed informa- ties to the START II treaty to attach high Jan. 11, Hashimoto said ‘‘the Japan-United tion on their stockpiles of weapons and nu- priority’’ to implementation of the May 10 States relationship is vital for the peace and clear materials. They also said the two coun- joint declaration so that compliance with stability of the Asia-Pacific region, as well tries would undertake ‘‘reciprocal moni- START I and START II can be verified, but as for the entire world.’’ toring’’ of the facilities where they store nu- did not make implementation a condition of Ikeda used similar language yesterday in a clear materials removed from dismantled START II ratification. meeting with Washington Post editors and warheads. And they said they would ‘‘seek to U.S. officials involved in the ‘‘trans- reporters. The United States and Japan, he conclude in the shortest possible time’’ a parency and irreversibility’’ issue offered said, will make ‘‘the utmost effort to try to legal agreement ensuring protection of the several explanations of what might be hold- prevent the Okinawa incident from becoming exchange data. ing up an agreement on the Russian side. None of it has happened. The legal agree- ‘‘The Russians have essentially told us an obstacle to the vital U.S. role in the re- ment was never negotiated, making it impos- they are doing a reassessment. It probably gion.’’ Clinton is scheduled to make a state visit sible to exchange classified data and develop has to do with the political situation there,’’ to Japan in April. On Friday, Ikeda and Sec- the ‘‘chain of custody’’ agreement sought by one said. ‘‘They have a lot of communists retary of State Warren Christopher agreed to the United States. And the United States re- and nationalists in the Duma.’’ accelerate the work of a joint commission fused to allow Russian officials to inspect The Russians ‘‘have very limited inter- studying the grievances of Okinawans about the only U.S. nuclear weapons dismantle- agency communication,’’ another source the U.S. troop presence in the hope of devis- ment facility, the Pantext plant near Ama- said. ‘‘Their vertical communication is rel- ing a solution by the time Clinton visits, ac- rillo, Tex., because Russia would not allow atively poor. And there’s the fiefdom prob- cording to State Department spokesman U.S. inspectors to visit a comparable plan lem,’’ an indirect allusion to the prickly and Nicholas Burns. there. independent Russian Atomic Energy Min- It may well take longer, Ikeda said yester- In the same joint declaration, Clinton and ister, Viktor Mikhailov. ‘‘We’re talking day. ‘‘A solution is very difficult to find,’’ he Yeltsin ‘‘urged progress’’ in carrying out a about letting out information about the said. ‘‘The Okinawan people want the troop 1994 agreement by which Russia was to cease crown jewels,’’ another U.S. official said. presence drastically reduced. But the secu- producing plutonium, the key building block ‘‘Both sides are pretty nervous about it, but rity of Japan has to be considered as well. of nuclear weapons. That has not happened especially them.’’ either, officials said, but for different rea- . . . We have to allow the United States to perform its obligation.’’ sons: The United States has been unable to [From the Defense News, Jan. 22–28, 1996] come up with the money to replace the elec- About 26,000 U.S. troops, or more than half tric power and heat generated by the Rus- CTBT TALKS HINGE ON CHINA TEST STANCE the forces in Japan, are on Okinawa. Ikeda sian plutonium-producing reactors, so the re- The upcoming round of negotiations on a said possible outcomes include the redeploy- actors still are operating. Comprehensive Test Ban Treaty (CTBT), ment of some troops from Okinawa to other Discussions on this issue are to resume which begins Jan. 22 in Geneva, will be the parts of Japan, smaller U.S. bases and in- later this month, Energy Department offi- most crucial in the 38-nation talks, experts creased local input into decisions by U.S. cials said. said last week. commanders. The failure to implement the agreements An agreement on a draft text is necessary As potential sources of instability in East contributes to widespread suspicion in Con- by the end of the 10-week session to meet a and Southeast Asia, Ikeda cited economic

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S475 chaos and political instability in North As for bombers, Moscow has decided to buy more aggressive strategic posture toward the Korea, the presence of Russian troops in the 19 Tu–160 Blackjacks and 25 Tu–95 Bears from West by hard-line politicians and military Pacific basin, military buildups in Southeast Ukraine, Pyotr Deinekin, Russian Air Force leaders in Russia, who grow increasingly Asian nations and territorial disputes such commander, said in a Nov. 28 interview. strident as planned parliamentary and presi- as the overlapping claims to the Spratly Is- The Tu–160 bombers are sleek, thin-nosed dential elections near, and the health of lands. aircraft that can carry 12 air-to-surface mis- President Boris Yeltsin reportedly declines. He also noted that China’s defense spend- siles and fly 12,000 kilometers without refuel- Former Communists and populist party of- ing has been increasing by about 20 percent ing, while the Tu–95 can carry up to four ficials here said the development of new a year. ‘‘Japan is not defining China as a thermonuclear bombs and fly 8,285 kilo- strategic missiles is needed to counter al- threat or a risk,’’ he said, but Beijing’s mili- meters without refueling. leged Western conventional superiority. tary buildup must be taken into account as Deinekin said Moscow also is planning to Moscow also should reject a number of U.S.- ‘‘an objective fact.’’ receive more than 3,000 cruise missiles from Russian nuclear arms control treaties, ac- In a paper published Friday urging the Ukraine, but he refused to provide further cording to party leaders. United States to resist calls for reduction of details about the potential cruise missile Gen. Boris Gromov, Russian deputy foreign its military presence in Asia, former under- transfer. minister and head of one of the most popular secretary of state Arnold Kanter said: ‘‘So U.S. and Russian diplomats are gloomy parties in the partliamentary race scheduled long as the United States is seen to be both about the chances for ratification of the 1993 for Dec. 17, said Nov. 14 that Moscow’s stra- committed to maintaining robust military START II by the Russian parliament. Nei- tegic policy inevitably will change after the forces in the region and reliable in honoring ther the Russian Duma nor the U.S. Congress elections. in commitments, China’s neighbors see less has ratified START II, which would limit ‘‘The United States remains Russia’s main need to respond to changes in its capabili- Moscow and Washington to between 3,000 and opponent in all regions of the world, and the ties. This stabilizing role performed by the 3,500 nuclear warheads each. strategy should be changed considering this U.S. presence also helps to reassure coun- The START II treaty is languishing in the fact,’’ Gromov told a news conference here. tries in Southeast Asia about Japan, and Duma as Russian lawmakers gear up for Gromov’s views are echoed by another Japan and South Korea about each other.’’ scheduled Dec. 17 elections, according to prominent military leader-turned popular Ikeda agreed. ‘‘Other nations enjoy indi- Russian and U.S. diplomats. No Russian law- politician, Gen. Alexander Lebed. The plat- rectly the benefits of the U.S.-Japan security maker has anything to gain from pushing form of Lebed’s party, Congress of Russian treaty, he said. the treaty, as nationalist sentiment among Communities, promises to ‘‘give back to the Russian public is running at a fever Russia its former greatness.’’ [From the U.S. News & World Report, Jan. pitch, these officials said. Many of the new strategic concepts being Sergey Rogov, director of the Institute of 29, 1996] embraced by hard-liners have been distilled USA and Canada in Moscow, said Nov. 16 in a new report being circulated within the CONVERSATION WITH THE PRESIDENT: THE that hard-line politicians also are linking VIEW FROM THE OVAL OFFICE Russian Defense Ministry as an alternative ratification of START II to key Western pol- to current military doctrine. Called ‘‘Con- (President Clinton met for an hour in the icy decisions: no NATO expansion and no ception of counteracting Strategy Against Oval Office last week with U.S. News White U.S. move to deploy theater ballistic missile Main Threats to the National Security of House correspondents Kenneth T. Walsh systems considered by Moscow to violate the Russia,’’ the paper was written by Anton and Bruce B. Auster. Excerpts of their con- 1972 Anti-Ballistic Missile treaty. Rogov Surikov, an analyst at the Moscow-based versation.) spoke at a conference sponsored in Wash- USA and Canada Institute of the Russian Bosnia. I’m more than satisfied with the ington by the National Defense University, Academy of Sciences. troops. Fort McNair. I have some concerns. I want them to In another sign of the faltering U.S.-Rus- Mr. STEVENS. Mr. President, I am hurry up and do whatever we can to continue sian strategic relationship, Russian officials pleased to lend my voice to those of my to improve [troop] living conditions. We’ve last week canceled planned negotiations colleagues supporting the passage of got to get the laundry set up, better food. aimed at reaching an agreement to provide the treaty between the United States That’s a big part of morale. They’re over mutual access to classified access to infor- of America and the Russian Federation there in a strange place in a cold winter with mation about ongoing nuclear disarmament on further reductions and limitations a lot of mud, and I want them to know that efforts. The talks, known as the Consulta- tions on Safeguards, Transparency and of strategic offensive arms, known we’re doing everything we can for the qual- more commonly as START II. ity of life. Irreversibility, were scheduled to take place We have to supervise the separation of here Nov. 27–28. The original START Treaty man- forces. After that, as we monitor those areas, While a State Department spokesman said dated United States and former Soviet I’m still concerned, although we’re making Nov. 30 the talks were canceled due to ‘‘mu- Union reductions to 6,000 strategic of- good progress, about all the demining ef- tual inconvenience,’’ other U.S. government fensive nuclear weapons incorporated forts. I don’t want to lose anybody to those officials said last week the talks have been in intercontinental ballistic missiles, at a complete impasse for some months. Rus- mines. submarine-launched ballistic missiles, I’m just hoping that we have enough time sia’s Atomic Energy Ministry officials have been loath to provide access to certain data and heavy bombers. to move this civilian reconstruction effort START II goes further by limiting fast enough so that people will begin to see U.S. nuclear experts consider crucial to and feel the benefits of peace. verifying dismantlement activities, U.S. ex- each country to 3,500 accountable war- perts said. heads on strategic offensive nuclear [From the Defense News, Dec. 4–10, 1995] Meanwhile, the acquisition of SS–19 mis- weapons on ballistic missiles, and nu- siles from Ukraine should maintain Russia’s RUSSIA BUILDS UP NUCLEAR ARSENAL AS clear weapons on bombers in each nuclear potential through 2009, Col. Gen. country. PROSPECTS FOR START II FADE Igor Sergeyev, commander in chief of stra- (By Anton Zhigulsky) tegic forces, told Interfax news agency on This is a reduction of one-third of the MOSCOW.—As prospects dim for U.S. and Nov. 24. number of deployed nuclear weapons Russian ratification of the Strategic Arms Russia now has 150 silo-based SS–19 mis- each country managed in 1990. Reduction Treaty (START II), Moscow is siles, each with six warheads; while the START II significantly reduces the quietly, yet steadily, bolstering its nuclear Ukraine has 90. Kiev inherited 130 of these United States and Russian nuclear ar- arsenal with new and upgraded missiles and missiles after the collapse of the Soviet senal. I am satisfied that the treaty strategic bombers from its neighboring Cold Union in 1991 but has been sending warheads provides an inspection regime that will War client state of Ukraine. to Russian for dismantling, as required by international disarmament agreements. verify compliance with the treaty, and In addition to the 32 SS–19 interconti- that the United States will continue to nental ballistic missiles that Moscow in- A Ukrainian Defense Ministry source said tends to acquire from Kiev, Russia’s Stra- all nuclear warheads would be removed from have a nuclear response capability ap- tegic Rocket Forces (SRF) is working to in- Ukraine by the end of 1998. In a Nov. 28 inter- propriate for any possible future crease the life span of its silo-based mul- view, he noted that Ukraine already has threat. tiple-warhead ballistic missiles by 25 years. transferred 40 percent of its 1,600 warheads to I recommend the Senators on the Moreover, Russian Defense Ministry Russia for dismantling. Arms Control Observer Group for their sources say the potential threat posed by ex- [From the Worldwide Weekly Defense News; bipartisan investment in dialogue and pansion of NATO could accelerate develop- Nov. 20–26, 1995] compromise that has brought us to this ment and production of a new multipurpose moment. I also recognize the tireless battlefield missile with a range of 400 kilo- HARD-LINE RUSSIANS TOUT NUKES TO MATCH meters. Earlier this year, the Defense Min- WEST efforts of the Arms Control Observer istry announced that the new missile was (By Theresa Hitchens and Anton Zhigulsky) Group staff, and the members and staff successfully tested and could be deployed MOSCOW.—A renewed emphasis on nuclear of the Senate Foreign Relations Com- within two years. weapons is among the elements of a new, mittee in making START II a reality.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S476 CONGRESSIONAL RECORD — SENATE January 26, 1996 And I would be remise if I did not rec- imaginable when I entered this body in many thoughtful arguments pro and ognize President Bush for his foresight 1983. Then we argued about nuclear con. in negotiating this Treaty and signing freezes and nuclear build-downs at lev- Based on that record, I believe imple- it in January 1993. els far above those stipulated in mentation of the second Strategic With the world awash in turmoil, Mr. START II. Now the United States and Arms Reduction Treaty [START II] is President, we should all be very en- Russia are truly reducing their nuclear strongly in the national interest of the couraged by the action of the Senate stockpiles under the START I Treaty United States. This treaty, if imple- today in moving this treaty. The that went into force in December 1994 mented, will represent, in the words of United States is the world’s only super- and we will reduce far further under President Bush, ‘‘a watershed in our ef- power. And it is appropriate for the START II. Land-based multiple war- forts to stabilize the nuclear balance rest of us to bring leadership to the head missiles, the most destablizing and further reduce strategic offensive rest of the world, particularly with re- weapon of the cold war, will be elimi- arms.’’ gards to the issue of weapons of mass nated. Arsenals in both sides will be re- Let me be clear that the START II destruction. duced to 3,500 warheads and bombs. Far agreement, while important, leaves un- I encourage the Senate to move the more of the strategic nuclear threat resolved many difficult aspects of the START II Treaty today with the will be eliminated by this arms control cold war’s nuclear legacy. We must find knowledge that the future of mankind agreement than anyone ever con- ways to secure and, ultimately, to de- is more secure because of it. templated countering through missile stroy the fissile material from the dis- Thank you, Mr. President. defenses, even at the height of the ex- mantled arsenals of the United States Mr. DODD. Mr. President, today aggerated claims of the SDI program. and former Soviet Union. We must pre- marks a truly historic moment in our President Bush was right to be proud of vent proliferation both of nuclear ma- Nation’s history. Today we raise our terials and of delivery systems. We voices in affirmation of peace and secu- this treaty and his role in negotiating must pay the environmental price of rity not just for our generation, but for it. Mr. President, today’s action will cleaning up weapons sites. generations to come. Today we embark allow Vice President GORE to press Above all, we must continue to adapt on a voyage toward sustained peace Prime Minister Chernomyrdin next our defense and national security and nucelar stability. strategies to our times and to The START II Treaty is the single week to accelerate the Duma’s consid- strengthen the relationship between most comprehensive weapons reduction eration of the treaty. Newly appointed ourselves and the Russians: We must measure in modern history. It will for- Foreign Minister Primakov has said ever end the continued proliferation of that the Duma would await Senate ac- ensure that those nuclear weapons that our nuclear stockpile and limit the tion on the treaty. Now they not need do remain on both sides will never be level of those weapons to a fixed and wait any longer. I hope that they will used. All of these difficult tasks lie outside verifiable number. I can think of no complete their deliberations promptly. the limited reach of the START II greater solution to the nuclear di- As the President pointed out in his lemma than that which is before us State of the Union message the other Treaty. But this treaty will meet one today. night, this could be the year in which decade-old problem head on. It will sig- As a matter of history, let me remind truly significant strides are made in nificantly reduce the number of nu- my colleagues that this treaty is a arms control and in defining a safer, clear warheads on the Eurasian land product of strong bipartisan effort more stable world. I hope that our ac- mass that are capable of striking the spanning three administrations, both tion today will be followed by a similar United States. For that reason, I sup- Republican and Democratic. And as a overwhelming vote by this body on port it. member of the Senate Foreign Rela- ratifying the Chemical Weapons Con- The cold war is over, but the task of tions Committee, I am humbled to vention in the spring and by conclusion safely destroying much of the bloated stand here this day and participate in of a Comprehensive Test Ban Treaty nuclear arsenals of the former Soviet this important event. among the nuclear weapon states by Union and the United States has yet to Finally, we must remember that to- summer. be completed. The START II Treaty, day’s action in no way reduces our na- If all that is accomplished and then which entered into force 1 year ago in tional strength or resolve. Our vigi- fully implemented, our children and December, takes us in that direction. lance remains strong, and our commit- grandchildren will remember 1996 as a Already we have begun to see its re- ment to peace even stronger. watershed year in the post-cold-war sults. In October, in a ceremony broad- This is the dawning of a new chapter era. And these accomplishments, if cast by many television news pro- in American strategic strength and they can be achieved, will be remem- grams, Defense Secretary Perry and peace, and I urge my colleagues to join bered far longer, I suspect, than any- the Russian Defense Minister traveled me in supporting this historic measure. thing that comes out of the endless to Whiteman Air Force Base near Kan- Mr. BINGAMAN. Mr. President, budget debate in which we have been sas City to watch the destruction of today the Senate will provide its long- engaged. United States intercontinental bal- overdue advice and consent to ratifica- I yield the floor. listic missile in accordance with tion of the START II Treaty. I believe Mrs. KASSEBAUM. Mr. President, START I, and Secretary Perry has at- that this may be the most significant the Senate is debating whether to give tended a similar ceremony in the accomplishment that this body will its consent to a treaty between the former Soviet Union. have in this Congress. That will depend United States and the Russian Federa- But START I alone is not enough. on whether our action is followed by tion that will significantly reduce the START II will carry on the unfinished similar action in the Russian Duma in number of strategic nuclear weapons business of dismantling the cold war’s the months ahead. on each side. This is a solemn responsi- legacy of terror and strategic nuclear I regret that we were not able to take bility that our Constitution vests in instability. this action months ago. At the end of the Senate, and nobody in this body Several of my colleagues have out- last March Senator LUGAR predicted undertakes this task lightly. lined in detail the treaty’s require- that the treaty would be ready for Sen- The Senate has taken nearly 3 years ments. In sum, I believe it is fair to say ate debate in May. It should have been, to consider this agreement, which was that START II serves America’s na- but it wasn’t through no fault of the transmitted to us in the last days of tional security interests in two basic Senator from Indiana. I hope that the 8 the Bush administration. Both the For- ways. months delay has not hurt the treaty’s eign Relations Committee and the First, it would cap at 3,500 the num- prospects in the Duma. It clearly is Armed Services Committee have con- ber of accountable nuclear warheads overwhelmingly in Russia’s interest, as ducted hearings on the treaty and have that each side may possess. The well as our own, that this treaty go carefully reviewed its provisions. We START I limit is 6,000 warheads on into force as soon as possible. have heard from negotiators, foreign each side, and that agreement is not Mr. President, this treaty will truly policy experts, military officers, and yet fully implemented. In practical reduce the nuclear danger in ways un- many other analysts. We have heard terms, implementing START II means

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S477 the Russians will have to destroy tiple independently targetable nuclear ported from the Senate Foreign Rela- roughly 4,000 nuclear weapons that warheads [or MIRVs], and reduce the tions Committee. Many of my concerns today are in their arsenal. number of nuclear weapons the United have been addressed in the package of I, for one, believe that even START States and Russia each possess to 3,500. amendments the Senate adopted on De- II will not complete the important The debate on December 22 is a part cember 22, 1995, which were drafted by work of nuclear arms control, and I of the Record, and lays out clearly the the Arms Control Observer Group. would hope the administration will vig- history of this treaty, its importance In addition to a number of hearings orously explore the option of pursuing to enhancing stability and reducing the held by the Senate Foreign Relations a third strategic arms treaty to reduce likelihood of use of nuclear weapons in Committee and the Senate Select Com- further the allowable number of war- anger, and the specific provisions of mittee on Intelligence, the Senate heads and to include not only the the treaty. This information is con- Armed Services Committee conducted United States and Russia but the other tained in the remarks of the distin- two hearings on the military and na- nuclear powers as well. guished Senator from Indiana [Mr. tional security implications of ratifica- Second, the START II Treaty would LUGAR] who served with distinction as tion of START II. prohibit the use of multiple warheads a former chairman of the Foreign Rela- The START II Treaty, signed by [MIRV’s] on missiles. The United tions Committee, the remarks of the Presidents Bush and Yeltsin in Janu- States long has sought this important distinguished ranking member of the ary 1993, will hopefully contribute to goal, which is key to a stable nuclear Committee, Mr. PELL, who also served the positive change in the relationship balance. admirably as a previous chairman of between the United States and the I commend the majority leader, Sen- the committee, and my remarks and States of the former Soviet Union. If ator DOLE, for his decision to bring this those of the other Senators who par- ratified and implemented by the important treaty before the Senate. Of ticipated in that debate. It is not nec- United States and the Russian Federa- course, the process of putting this essary to take the time of the Senate tion, START II will represent a con- agreement into force does not stop today to repeat or embellish those re- tinuation of the unprecedented reduc- with the U.S. Senate. The treaty also marks. The treaty’s record is clear. Its tion of the strategic arsenals of both must be approved by both houses of the benefits are clear. It will pass over- sides. But we must always keep in Russian legislature. Significant polit- whelmingly this afternoon. mind that reductions for the sake of re- ical changes are underway in Russia, I am gratified that I was able to play ductions do not necessarily contribute particularly in light of December’s par- a role in bringing us to this point by to stability. Unless these reductions liamentary elections and the coming reaching an agreement with the chair- contribute to strategic stability, they Presidential election. It would be un- man of the Foreign Relations Com- can actually undermine our national fortunate, indeed, if this important mittee, Mr. HELMS to release for Sen- security. If START II is implemented agreement became entangled in Rus- ate floor action the treaty, which he and complied with, I do believe that it sia’s internal political debates. was holding hostage until he could ob- will be stabilizing. If, however, its For that reason, I believe the Senate tain floor action on the annual reau- terms are modified to allow, for exam- must send a strong message of support. thorization bill for the State Depart- ple, the retention of heavy, multiple- We must make clear that the United ment and its activities which he chose warhead ICBM’s, then this agreement States is strongly committed to reduc- to use as a vehicle for provisions to could actually be destabilizing. As I ing our nuclear arsenal in the respon- dramatically reduce the structure of, stated back in 1992, when the com- sible manner outlined by START II as and funding for, the agencies that im- mittee considered the military impli- long as the Russians will do the same. plement our Nation’s foreign policy cations of ratifying START I, I believe I urge my colleagues to vote in favor of and represent the U.S. interests to the that stabilizing reductions in nuclear the resolution of ratification. rest of the world. The START II Treaty weapons are in the best interest of this Mr. KERRY. Mr. President, the vote was and is too important to have been Nation and humanity. that will occur later this afternoon on used in such a manner. While it should Whether START II will contribute to the resolution of ratification for the have been possible for the Senate to or undermine stability will also be de- START II Treaty is a truly historical act on it much earlier than today, I am termined by other factors. For exam- event in the course of man’s attempt to relieved that at least our action was ple, the United States must fully exer- curtail conflict and violence and re- not delayed beyond today, and am cise its rights to maintain a survivable solve differences by peaceful means. It pleased to have played a role in liber- and reliable strategic deterrent force. is an especially historical event in the ating it so the Senate can give it ring- In my view, we must also begin to much briefer but arguably more fright- ing endorsement. rethink the basic concepts underlying ful history of the world’s effort to pre- Once again, Mr. President, I com- deterrence. As the sides reduce their vent use in anger of the terrifying pliment Senator LUGAR, Senator PELL, forces below START I levels, we must power of nuclear fission and fusion, and all other Senators who have la- be concerned about the long-term sur- power that was initially unleashed bored through the analytical and hear- vivability of the force in an offense- only five decades ago. ing processes to demonstrate conclu- only configuration. In my view, we When the Senate took up this this sively that START II will significantly must begin to modify our strategic pol- treaty on the floor on December 22, I benefit the United States. I am fer- icy to incorporate a more balanced mix spoke at some length concerning the vently hopeful that the Russian Duma of strategic offensive and strategic de- potential benefits of this treaty for the will act expeditiously and favorably on fensive forces. In the long run, as the United States, Russia, and, indeed, the the treaty, sharing our recognition cold war confrontation fades, we may entire world. I spoke of the great leap that it is strongly in the best interests even make a complete change to a de- forward that this treaty represents as of both nations, and that we do not dis- fense dominant posture. it is added to the foundation of earlier cover that the delay in Senate consid- The long-term value of START II arms control agreements, notably in- eration, during which Russia has expe- also depends on the sides’ complying cluding the original START Treaty rienced considerable political flux and with its terms. In this regard, there is signed by the United States and the has elected a number of new members reason for concern. Russia has contin- Russian Federation in 1991 that pro- to the Duma, has fatally injured the ued, to a very disturbing degree, the vided for the first real reductions, rath- treaty. The treaty’s ability to increase Soviet pattern of violating or circum- er than just limits on further growth, stability and reduce the risk of nuclear venting the terms of various arms con- of strategic offensive arms of both na- conflict will be even more important to trol agreements. Russia’s failure to im- tions. The leap forward that START II the extent Russia’s political unrest plement the agreements reached at last represents will increase the stability of continues or accelerates. May’s summit meeting is yet another the nuclear balance, ban deployment of Mr. THURMOND. Mr. President, Al- reason for concern. the most destabilizing type of nuclear though I have reservations concerning If ratified, fully implemented, and weapons system—land-based inter- the START II Treaty, I intend to sup- complied with, START II will achieve continental ballistic missiles with mul- port the resolution of ratification re- three principal objectives: First, the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S478 CONGRESSIONAL RECORD — SENATE January 26, 1996 reduction of strategic nuclear war- warheads (if necessary), and mainte- arms control treaties. The consultative heads to a level at or below 3,500—more nance and support of a science and commissions are to provide a forum for than a two-third reduction over cur- technology base. the parties to make technical and ad- rent levels; second, ban the deployment Mr. President, given budget con- ministrative changes to the Treaty so of multiple-warhead intercontinental straints, I remain concerned about the that the provisions of the Treaty can ballistic missiles; and third, obligate ability of the United States to main- be implemented. Or, if there is a dis- Russia to destroy all its SS–18 heavy tain an adequate strategic nuclear agreement, to provide a forum for the ICBM’s and to destroy or convert all force that would enable us to deter a parties to discuss compliance ques- its silo launchers for these missiles. If nuclear attack. With regard to the fu- tions. this last objective is not achieved, how- ture nuclear stockpile, I am concerned However, over the past couple of ever, the stabilizing impact of START about the ability of DoD and DoE to years, the Administration has used the II will be seriously eroded. meet its supply responsibilities. Quite consultative commissions of a number During the Armed Services Commit- frankly, I do not see how they will of Treaties, such as the Intermediate tee’s consideration of the military im- maintain the stockpile without under- Range Nuclear Forces (INF) Treaty, plications of ratification of START II, ground nuclear testing. the Conventional Forces in Europe I raised a number of concerns, includ- As directed by the Nuclear Posture (CFE) Treaty, and START, to make a ing concern about whether Russia Review, the United States will con- number of changes that I would define would ratify the treaty with amend- tinue to require and depend on its stra- as more than just technical or adminis- ments that would allow them to keep tegic forces for the foreseeable future trative changes. In fact, I view these their MIRVd ICBMs, in particular the to deter a broad range of threats. In changes as substantive in nature, SS–18’s. I was also concerned by admin- order to do this, we will have to move modifying the Treaties in a way which istration efforts to unilaterally imple- away from an offense-only policy of de- changes the original understanding ment START II reductions prior to terrence, which will require the United under which the Senate provided its Russian ratification of START II. To States to work cooperatively with Rus- advice and consent. date, Russia has not ratified START II, sia. The defense budget funds most of the and I am not sure when it will. Until As I stated during the Committee’s costs of implementing arms control this happens and it is clear that hearing on May 6, we must move be- treaties, and as a result, to the extent START II will be implemented by both yond the mindset of the ABM Treaty it can, the Armed Services Committee sides, I do not believe that the United that equates vulnerability with sta- has been monitoring these actions. As States should take any irreversible ac- bility. If we are to continue reducing a result of some of these actions, the tions to go below START I levels. our strategic nuclear forces—which is Committee has included language in In September 1994, the administra- already the subject of interagency dis- the statement of managers for the de- tion concluded a review of U.S. nuclear cussions—we must integrate defense fense authorization bills since 1993, re- policy and its nuclear force posture to into our deterrence policy and break quiring the Department of Defense to the linkage between such reductions determine the appropriate strategic report to the Congress 30 days in ad- and the ABM Treaty. nuclear force for the United States in vance of any agreement that would re- I have been troubled by the Adminis- the year 2003, when START II limits tration’s careless linkage of START II sult in an increase in the costs of im- are supposed to be reached. The nu- with U.S. missile defense programs and plementing the arms control agree- clear posture review [NPR] concluded the ABM Treaty. Although I certainly ments. DoD and administration efforts that the United States would continue agree that there is a relationship be- to inform the Congress prior to con- to rely on a ‘‘Triad’’ of strategic nu- tween strategic offensive forces and cluding these agreements, as well as clear forces and a policy of nuclear de- strategic defensive forces, I believe recommending these changes, have terrence to deter any future hostile that the Administration is dangerously been erratic at best. It is my view that the President foreign leadership with access to stra- misguided in its characterization of tegic nuclear weapons, and as a hedge this relationship. Not only is ballistic should notify the Congress 30 days in against a reversal in political reforms missile defense not a threat to deter- advance of concluding an agreement in in Russia, which made START II pos- rence and strategic arms control; it is the consultative commission, any sible in the first place. complimentary and may even be essen- change to interpretations of provisions, In essence, the Nuclear Posture Re- tial if we proceed with further reduc- or implementation modifications and view recommended that the United tions. There is no reason why the obligations that result in increases to States continue to maintain its nu- United States and Russia cannot agree implementation costs, or differ from clear triad, that it would maintain its on a stabilizing plan to transition from the Senate’s understanding when it mix of land, air and sea-based strategic Mutual Assured Destruction, which is provided its advice and consent to rati- nuclear delivery systems—while reduc- fundamentally still our unstated pol- fication of the Treaty. As an example ing the number of warheads to bring icy, to a world of assured security of what I am referring to, let me ask the U.S. into compliance with START through defensive deployments. unanimous consent that a copies of two II provisions. However, that rec- We must come to terms with the fact September 1994 letters regarding a pol- ommended level would be below the that the ABM Treaty is outdated and icy agreement on implementation of level authorized under START II. must be revised and eventually re- inspections under START, from the In addition to 20 B–2 bombers and placed. By constantly reinforcing the Secretary of Defense be printed in the 450–500 single warhead Minuteman III mutual vulnerability logic that RECORD. ICBMs, the NPR recommended that the underlies the ABM Treaty, this Admin- Mr. President, even though I have U.S. triad include 14 Trident ballistic istration has simultaneously reinforced concerns about a number of issues, as I missile submarines versus 18 permitted those in Russia who are most insistent stated earlier, with the inclusion of the under START II, and 66 B–52H bombers on maintaining their destabilizing Arms Control Observer Group amend- versus 94 permitted under START II. strategic offensive forces. Rather than ments, I will support START II. The NPR also directed DoD and DoE to trying to hold on to the Cold War rela- There being no objection, the mate- maintain a nuclear weapons capability tionship, the Administration should at- rial was ordered to be printed in the without underground nuclear testing tempt to nurture U.S.-Russian coopera- RECORD, as follows: and without producing fissile material. tion in the area of missile defense and SEPTEMBER 21, 1994. In order to accomplish this require- defensive stability. Hon. SAM NUNN, ment, the NPR directed that a number Before closing, I would like to am- Chairman, Committee on Armed Services, U.S. of actions take place: development of a plify for purpose of this debate, my Senate, Washington, DC. stockpile surveillance engineering DEAR MR. CHAIRMAN: I am writing to in- deep concern about actions taken by form the Committee concerning an impor- base; and the maintenance of capabili- the Administration in the various arms tant issue that has arisen as we prepare for ties that include the ability to refab- control consultative commissions. the implementation of the 1991 START Trea- ricate and certify weapons types, de- The role of the consultative commis- ty in the new, multilateral context that has sign, fabricate and certify new nuclear sions is to enable implementation of followed the breakup of the Soviet Union.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S479 The START Treaty, like the INF Treaty full force and effect, and each of these three want to change the Treaty’s obligations. before it, provides for certain inspection Parties will have to carry out all of its Trea- Russia likewise refused this proposal. Since costs to be borne by the inspected Party. ty obligations. This understanding will bring Russia intended to carry out extensive in- This was based on the assumption that the no change in the implementation of the spections of U.S. facilities, Russia, too, U.S. and the Soviet Union would conduct ex- START Treaty, which will be carried out in wanted no change in these Treaty obliga- tensive inspections of each other’s territory, full accordance with the advice and consent tions. whereby one side’s inspection costs would be already provided by the Senate. The Admin- This impasse was one of the factors behind offset by the other party’s inspection costs. istration would not consider this to be a the initial delays in the U.S. being able to This was done with the expectation that precedent for any other area of START im- carry out its INF Treaty inspection rights in there would be an essential balance between plementation. Belarus, Kazakhstan and Ukraine after the the START inspections conducted by the two We attach considerable importance and ur- breakup of the Soviet Union. To resolve the sides. gency to the need to conclude this policy un- issue, we have worked out with each of these After the breakup of the Soviet Union, derstanding with Belarus, Kazakhstan and three Parties in the SVC an understanding however, Belarus, Kazakhstan and Ukraine Ukraine. With the prospect of START entry consistent with the Treaty and the interests proposed in the START Treaty’s Joint Com- into force possibly occurring this fall, the of the United States. Each inspected Party pliance and Inspection Commission (JCIC) to priority objective of the United States at the will bear the costs of each inspection. How- have these inspection costs shifted to the in- coming session of the JCIC is to reach agree- ever, for each six-month period in which specting Party. Given that they had little, if ment among the five START Parties on all Belarus, Kazakhstan or Ukraine, as a matter any, interest in inspecting U.S. facilities, advance preparations needed to ensure that of policy, does not exercise its right to notify they believed that such a change would be START enters into force smoothly and is and conduct inspections of U.S. facilities, fair and appropriate, whereas the U.S. in- carried out effectively. Reaching this under- the U.S., as a matter of policy, will reim- tended to carry out fully its inspection standing on reimbursements with Belarus, burse certain costs for supporting U.S. in- rights on their territories. They were con- Kazakhstan and Ukraine will be essential to spections conducted on their territory dur- cerned, therefore, that START cost provi- the achievement of this overriding U.S. ob- ing that period. These costs would be reim- sions would impose on them an unbalanced jective. bursed using funds appropriated to the De- cost burden. I want to assure you that we will continue partment of Defense for treaty implementa- In the JCIC, the U.S. side has refused to to keep the Committee informed of key de- tion purposes. If, however, one of those Par- shift these costs. We have emphasized that velopments affecting START implementa- ties notifies and conducts an inspection of we did not want any changes to the Treaty’s tion. U.S. facilities, thereby incurring costs for obligations. Russia likewise has refused this Sincerely, the U.S., the U.S. will not provide reimburse- proposal in the JCIC. Since Russia intends to WILLIAM J. PERRY. ment for any of its inspections on that Par- carry out extensive inspections of U.S. facili- ty’s territory during the given six-month pe- ties, Russia, too, wanted no change in these THE SECRETARY OF DEFENSE, riod. obligations. Washington, DC, September 21, 1994. This INF understanding was reflected in an The approach that we are developing in the Hon. SAM NUNN, exchange of policy statements between the JCIC in order to resolve this issue in the Chairman, Committee on Armed Services, U.S. U.S. and each of these three Parties intended START context is similar to the under- Senate, Washington, DC. to cover the remaining period of the INF in- standing that was worked out in the Special DEAR MR. CHAIRMAN: I am writing to bring spection regime, through May 31, 2001. We Verification Commission (SVC) for the INF the Committee up to date on an important believe this represents an equitable solution Treaty, which is the subject of a separate issue that we have encountered in seeking to that serves the interests of all five Parties, letter to you. Under this approach, which is preserve and implement the 1987 Inter- both those (the U.S. and Russia) planning to consistent with the Treaty and the interests mediate Nuclear Forces (INF) Treaty in the make full use of their inspection rights and of the United States, each inspected Party new, multilateral context that has followed those (Belarus, Kazakhstan and Ukraine) will be responsible for inspection costs. How- the breakup of the Soviet Union. that do not intend to do so. I want to empha- ever, for each six-month period in which As you are aware, the INF Treaty provides size that these policy statements are not le- Belarus, Kazakhstan or Ukraine chooses not for certain inspection costs to be borne by gally binding and that no Treaty obligations to exercise its right to notify and conduct in- the inspected Party. This was based on the are being changed. The terms of the Treaty spections of U.S. facilities under START, the assumption that the U.S. and the Soviet remain in full force and effect, and each of U.S. will, as a matter of policy, reimburse Union would conduct extensive inspections these three Parties must carry out all of its certain costs for supporting U.S. inspections of each other’s facilities, whereby one side’s Treaty obligations. There is no change in the conducted on that Party’s territory during inspection costs would be offset by the other implementation of the Treaty regime, which the same period. These costs would be reim- party’s inspection costs. The inspection re- is being carried out in full accordance with bursed using funds appropriated to the De- gime of the START Treaty was also based on the advice and consent provided by the Sen- partment of Defense for treaty implementa- this same premise, namely, that there would ate in 1988. The Administration would not tion purposes. If, however, one of those Par- be an essential balance between the inspec- consider this to be a precedent for any other ties notifies and conducts an inspection of a tions conducted by the two sides. area of Treaty implementation. U.S. facility, thereby incurring host nation After the breakup of the Soviet Union, the costs for the United States (aside from one United States took steps to ensure that the Following the exchange of policy state- initial multi-party baseline inspection), the twelve states of the former Soviet Union ments, the U.S. was able to resume its con- U.S. will not provide reimbursement for any would be bound by the prohibitions of the duct of INF inspections on the territories of of its inspections on that Party’s territory Treaty and that the INF inspection regime the three Parties. We recently suspended during the given six-month period. would continue. Moreover, the successor such inspections in order to consult with key This understanding will be reflected in an states themselves, meeting at Bishkek on Congressional Committees on this matter. exchange of policy statements between the October 9, 1992, also made their own declara- The United States has conducted seven U.S. and each of these three Parties. We be- tion expressing their commitment to the INF inspections in Belarus, Kazakhstan, and lieve this represents an equitable solution Treaty. Ukraine. The costs for these inspections was that serves the interests of all five START Of the four key successor states whose co- about $4,000.00 for each inspection. The Parties, both those (the U.S. and Russia) operation is required to ensure the continued United States intends, in any given year, to planning to make full use of their inspection implementation of the INF inspection re- conduct seven total inspections in the com- rights and those (Belarus, Kazakhstan and gime, three of them, Belarus, Kazakhstan bined territories of Belarus, Kazakhstan, and Ukraine) that do not intend to do so. and the Ukraine proposed, in the INF Treaty Ukraine. OSIA estimates that future inspec- During the START Treaty’s four-month Special Verification Commission (SVC), the tions would run at most about $10,000.00 per period for baseline inspections following forum for dealing with compliance and im- inspection. entry into force of the Treaty, seventeen in- plementation issues, to have these inspec- We place considerable importance on con- spections (four in Belarus, four in tion costs shifted to the inspecting Party. tinuing U.S. INF inspection activity in Kazakhstan, and nine in Ukraine) would be Given that they had little, if any, interest in Belarus, Kazakhstan and Ukraine. Full im- required. Following the baseline period, the inspecting U.S. facilities, they believed that plementation of U.S. Treaty rights in these United States probably would conduct a such a change would be fair and appropriate, three key successor states is essential not total of between nine to thirteen inspections whereas the U.S. intended to carry out fully only to the preservation of the INF inspec- per year in Belarus, Kazakhstan, and its inspection rights on their territories. tion regime, but also in establishing the Ukraine. OSIA estimates that future START They were concerned that INF cost provi- basis for the effective implementation of the Treaty inspections would run at most about sions impose on them an unbalanced cost START Treaty with these states. $10,000.00 per inspection. burden. Indeed, Belarus, Ukraine and Belarus, Kazakhstan and Ukraine also I want to emphasize that the exchange of Kazakhstan have not conducted a single in- have proposed, in the START Treaty Joint policy statements is strictly a policy under- spection of the United States’ facilities since Compliance and Inspection Commission standing. It will not be legally binding and the demise of the Soviet Union. (JCIC), a similar understanding for the no Treaty provision will be changed. The The U.S. refused to shift these costs, mak- START Treaty, which—as in INF—would not terms of the START Treaty will have their ing it clear that the United States did not be legally binding and would leave all Treaty

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S480 CONGRESSIONAL RECORD — SENATE January 26, 1996 obligations fully in force. The U.S. side wish- unanimously agreed to by the Senate gally bound by the START II Treaty if es to exchange such START policy state- on December 22. These address the the Russian Federation does not ratify ments in the JCIC so as to be prepared for strategic environment in which this it. Furthermore, the condition requires entry into force of the START Treaty in the treaty will operate and which it will the President to consult with the Sen- near future. We will provide to you a sepa- ate if he decides to make reductions in rate letter describing the understanding that help shape. is under consideration for START. The fact is that the strategic envi- our strategic forces below those cur- Let me assure you that we will continue to ronment has changed since President rently planned. In that event he must keep the Committee informed of key devel- Bush negotiated START II. In par- also certify that such reductions are in opments in both INF and START implemen- ticular, the threat of the proliferation the U.S. national security interest. tation. of ballistic missiles has sharply esca- With respect to concerns about trea- Sincerely, lated. When, on June 17, 1992, Presi- ty compliance, it is no secret that Rus- WILLIAM J. PERRY. dents Bush and Yeltsin agreed upon the sian generals and politicians are saying Mr. DOLE. Mr. President, the Senate foundations for START II, they also openly and privately that they will not is about to vote on the START II Trea- issued a joint statement on a global implement the START II Treaty if ty. START II is an example of the bi- protection system endorsing United ratified. Let us not forget that the partisan way in which foreign and de- States-Russian cooperation on missile track record of compliance of the fense policy should be conducted. defenses. Since the beginning of the former Soviet Union and Russia is seri- President Bush negotiated it and Presi- Clinton administration, however, talks ously marred. The Soviet Union claimed to hold the dent Clinton is seeking the Senate’s on this idea have lapsed and our Na- ABM Treaty sacrosanct, but, wantonly advise and consent. tional Missile Defense Program has violated it. For a long time, we have In response to those who are now say- languished. been worried about Soviet and Russian ing that the Senate is rushing into giv- Today, I would urge President Clin- violations of the biological weapons ing its advice and consent to this trea- ton once again to resume these discus- convention. And, at present, Russia is ty, I would point out that this treaty sions with Russia on cooperation on de- in violation of the Conventional Forces came to the floor and is being consid- fenses. Let us recall that it was Presi- ered under the provisions of several in Europe [CFE] Treaty. One of the dent Yeltsin who called for such co- declarations to the resolution of ratifi- unanimous consent agreements operation in his January 29, 1992 speech reached over the course of the past 2 cation addresses the concern of poten- to the United Nations. Let us see what tial violations to START II and re- months. might be possible, while recognizing The Senate arms control observer quires the administration to brief and that talking does not give Moscow a report regularly on Russian compliance group worked on a package of condi- veto over our programs. tions and declarations to the resolu- with START II. The Congress provided clear direction Finally, we can reduce our missiles tion of ratification which were agreed and substantial additional funding for and nuclear weapons to START II lev- to prior to Christmas. These conditions missile defense programs. Unfortu- els. But we need to preserve the reli- and declarations will not require any nately, President Clinton vetoed the ability, safety and security of the stra- changes to the START II Treaty, how- defense authorization bill the first tegic weapons we retain. The United ever, they are the binding terms under time around, precisely because it set States needs to develop a new post cold which the Senate gives its advice and out a course toward providing a na- war nuclear doctrine in this era where consent to this treaty. tional missile defense system. we are faced with multiple threats START II has received widespread bi- In my view—with Russian coopera- from different regimes. It may be time partisan support because, if faithfully tion or without—it is high time to to update our aging nuclear force with implemented by both the United States move forward on a missile defense sys- new weapons designs. and Russia, it is in the United States tem which protects America—from The Clinton administration is dis- interest. The treaty provides for fur- Alaska to Florida, and Hawaii to mantling our nuclear weapons infra- ther reductions in United States and Maine. Included in the package of structure and driving us toward a com- Russian missiles and warheads. These amendments we have adopted is a dec- prehensive test ban. Meanwhile, Russia reductions will be stabilizing because laration which states that missile de- is spending scarce resources on stra- the treaty also, and most importantly, fenses are necessary and complemen- tegic modernization and updating its provides for the de-MIRVing of land- tary to START II reductions. nuclear doctrine to include potential based missiles and the elimination of And so, as we give advice and consent use against former Soviet States. I am heavy ICBM’s such as the Russian SS– to the START II Treaty we must be pleased that one of the declarations in- 18. These were U.S. arms control objec- crystal clear: our vote in favor of cluded in the resolution of ratification tives throughout the Reagan and Bush START II is not in any way a reaffir- speaks to the need to ensure the safety, administrations. Unquestionably, de- mation of the ABM Treaty. Con- reliability, and performance of our nu- mirving and eliminating heavy ICBM’s versely—for those who would argue clear forces—which are and will re- are the principal benefits of START II. that the Senate should not give its ad- main, the cornerstone of our deterrent. We must keep in mind, Mr. Presi- vice and consent to the START II Trea- Mr. President, I would like to remind dent, that the Russian Federation ty—withholding our consent to START my colleagues that it was the Bush ad- must still take a number of actions to II does not in any way affect the terms ministration which negotiated START make the START II Treaty a reality. of the ABM Treaty or how the adminis- II. And START II, like the first start First, the Russian Duma must offer its tration applies these terms. treaty, was an outgrowth of the stra- consent to ratification. The prospects One of the binding conditions the tegic arms reduction goals set by the for such action are more uncertain Senate has approved unequivocally Reagan administration. But, strategic after the recent elections—since Com- states that nothing we do here in any arms control—under both the Bush and munists and extreme nationalists now way alters our rights and obligations Reagan administrations was part of a represent more than a third of the under the ABM Treaty. In other words, smart, judicious and comprehensive ap- Duma. Furthermore, the Russians and we can propose changes to the ABM proach to our national security—not the Clinton administration must firm- Treaty or, if necessary, withdraw from the centerpiece of U.S. national secu- ly commit not to backtrack on START the ABM Treaty in order to defend rity policy. Since the Clinton adminis- II provisions. There is already talk of America. tration came to office, there has been alleviating some of START II’s burden There are a few other pieces of the an overreliance on arms control and a on Russia in a follow on agreement. We bigger picture we must keep in mind, penchant for clinging to outdated cold will need to carefully watch out for the including political developments in war era thinking. so-called nuclear summit next spring Russia. The amendment I offered— Mr. President, I am amazed at this and its possible results. which was included in the manager’s administration, as well as some of my Mr. President, I would like to com- package—is a condition to the resolu- colleagues, and Moscow for their will- ment on the conditions and declara- tion of ratification which stipulates ingness to link the START II Treaty tions to the resolution of ratification that the United States will not be le- with the antiquated and hopelessly

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S481 outdated Anti-Ballistic Missile [ABM] close during the Cuban Missile Crisis to retary of Defense, the Chairman and Treaty. Missile defense for America using nuclear weapons. There have Vice Chairman of the Joint Chiefs, all must be priority one at a time when been several nuclear crises since. of the Chiefs of Staff and their civilian ballistic and cruise missiles are coming That is why Defense Secretary Bill and military colleagues at the Pen- into the possession of more and more Perry, in testimony before the Foreign tagon. countries. According to the Central In- Relations Committee last March, This is what General Shalikashvili telligence Agency, the North Koreans quoted Andrei Sakharov saying: said now almost a year ago, March 1 of are currently working on a missile that Reducing the risk of annihilating human- last year, before the Foreign Relations will be able to hit Alaska and Hawaii. ity in a nuclear war carries an absolute pri- Committee. He said: Iran, India, and others are also work- ority over all other considerations. On the basis of detailed study of our secu- ing on their own programs. Missile de- Probably the best way to reduce the rity needs and careful review of the Treaty, fense is not a threat to the Russians. It likelihood of nuclear war is to reduce it is my judgment, and the unanimous opin- offers protection to us—and potentially nuclear weapons below the excessive ion of the Joint Chiefs of Staff, that the to the Russians—during a time when levels of the cold war, particularly START II Treaty is in the best interests of those systems that made the United the United States. I recommend the Senate the proliferation of weapons of mass provide its advice and consent to START II’s destruction is escalating. States and the Soviet Union most inse- ratification. Mr. President, I support START II. cure. Secretary Perry agreed with Then at the same hearing General However, the Clinton administration Sakharov’s assessment and noted that Shalikashvili explained his view of the and Moscow must not backtrack on de- the START II Treaty is about reducing value of START II, in part, in this way: MIRVing missiles and getting rid of the risk of nuclear war. the heavy SS–18’s. The Clinton admin- The START II Treaty that is before As you well know [he said], START II istration must also support the res- us achieves what no other arms agree- builds on the progress of START I, but goes beyond it, because it will restructure our nu- toration of our aging nuclear infra- ment has: It will eliminate all multiple clear forces to eliminate instabilities that structure—almost two-thirds of which warhead land-based missiles, known as have always been matters of great concern dates from before the mid-1970’s. The MIRV missiles for their multiple inde- to military planners and to our citizens President must also seek the strictest pendently targetable reentry vehicles. alike. By this [he said], I’m of course refer- compliance from a Russia which is It will eliminate all of the Russian ring to the elimination of all land-based mis- changing—and given the Duma elec- heavy SS–18 intercontinental ballistic siles with multiple independently targeted tions, not for the better. Especially in missiles, the ICBM’s that have particu- re-reentry vehicles, as well as the last of the light of the recent Russian elections, larly concerned our defense officials for land-based heavy ICBM’s, the Russian SS– 18’s. we must safeguard at all costs against so long. As Secretary Perry mentioned, [he went unilateral U.S. implementation of Those systems, those heavy SS–18 on,] we have always been convinced that START II. Furthermore, I urge the intercontinental ballistic missiles, these particular systems are intrinsically Clinton administration to join the Sen- those MIRV, multiple warhead missiles the most dangerous and unstable elements of ate to reiterate—loudly and clearly— are considered to be destabilizing and our strategic arsenals. Because they are vul- the traditional U.S. position: START II caused deep concern that in a crisis it nerable to a first strike from the other side, and the ABM Treaty are in no way would create pressures to use nuclear they could impose a use-or-lose decision that weapons, and to use them first. Elimi- would be a very unstable factor in any crisis. linked. START II is a good treaty for Eliminating these systems makes both of us and Moscow, but it should not—and nating these weapons is considered the our nuclear forces more stable deterrents. must not—be used to keep us from pur- most important single achievement of Finally, he said: suing a national missile defense sys- the treaty. tem. Mr. President, I know that this trea- More specifically, we concluded that the Mr. President, notwithstanding the ty has broad and indeed vast support in START II/NPR force— reservations, I think the Senate did the this Senate, but we should not forget The force that is left after the right thing this evening in overwhelm- the historic nature of today’s vote. START II Treaty— ingly ratifying the START II Treaty. This treaty was worked on for long is sufficient to prevent any foreseeable Mr. LEVIN. Mr. President, first I just periods of time, by Presidents Reagan enemy from achieving his war aims against want to compliment Senator DOLE, the and Bush, and then strongly supported us or our allies, not matter how a nuclear at- majority leader, for his support of by President Clinton. This is a historic tack against us is designed. In practice, this means that our nuclear START II. As he pointed out, this was day in the ratification of this treaty forces must be robust enough to sustain the negotiated and supported by three and should not go unnoticed because ability to support an appropriate targeting Presidents, two Republicans and one the Senate was so busily occupied in a strategy and a suitable range of response op- Democrat. The majority leader’s sup- whole host of other important matters. tions, even in the event of a powerful first port of this treaty, bringing it forward It not only will reduce and remove strike that attempts to disarm our nuclear in the way he has in the great bipar- the most threatening of the missiles forces. tisan tradition of the U.S. Senate. I and the most destabilizing of the mis- He said in conclusion: just want to add my thanks to him for siles, it also reduces the overall level of Our analysis shows that, even under the his work in this area. deployed long-range warheads to about worst conditions, the START II force levels Mr. President, the START II Treaty two-thirds below the previous cold war provide enough survivable forces, and surviv- is overwhelming in our national inter- levels. It will require the United States able, sustained command and control to ac- est. It deserves our full and strong sup- and Russia each to reduce to a level of complish our targeting objectives. port. It will require the reduction of some 3,000 to 3,500 nuclear weapons in- No matter what the attack is after thousands of nuclear weapons that stead of the more than 10,000 long- START II, no matter how an attack is could otherwise pose a threat to our se- range warheads at the end of 1990. This designed, it cannot succeed. That is curity. It will eliminate the most de- is a dramatic reduction. one of the many accomplishments of stabilizing weapons. There is a mili- Finally, Mr. President, I want to the treaty. tary threat more fearsome than nu- comment briefly about the military’s Its ratification today will not be clear weapons. They alone have the ca- strong support for the ratification of noted in much of the media because of pability to destroy entire cities and to the START II Treaty. The senior de- the huge number of other issues which cause unparalleled destruction of any- fense and military officials in this are being debated in Washington, but thing in their path. country are overwhelmingly supportive for us in the U.S. Senate, looking at The prospects of a nuclear war are so of the START II Treaty and for many the ratification of a treaty worked so terrifying that they are hard to imag- months have urged us to act as quickly hard upon by three Presidents, it will ine. That is why every President since as possible to provide our advice and be a banner day, not just for us, but, President Truman has made it one of consent, to ratify the treaty so it can more important, for humanity that the Nation’s highest priorities to con- enter into force as soon as possible. there has been such a huge reduction trol nuclear weapons and to prevent The overwhelming, unanimous sup- approved and that the most desta- nuclear war. We came frighteningly port in the military includes the Sec- bilizing nuclear weapons which we have

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S482 CONGRESSIONAL RECORD — SENATE January 26, 1996 faced, which were the subject of years free. That is a great nonproliferation close to meeting the second intermediate and years and decades of agony by success story, and those nations are all limit on launchers that will not take effect President after President facing these well on the way to eliminating their until December 1999. The implementation of forces so destabilizing to the world, nuclear forces, as I will outline below. START I and NPT obligations by Belarus, Kazakhstan, and Ukraine continues to pro- that we have taken a major step today The START II Treaty is built upon ceed, as over 2,700 strategic warheads in in bringing this to the floor for ratifi- the START I Treaty, and uses it as a these three countries have been deactivated, cation. foundation. START I provides the basic and over 2,100 have been returned to Russia. Now we must hope that the Duma in framework for START II, including Over 1,000 additional warheads have been de- Russia will do the same, that they also definitions, rules, data exchanges, activated in Russia itself. The success of will consent to the ratification of this monitoring and inspection provisions, START I implementation thus far leaves us treaty so that it can take full force and elimination processes, and so on. confident that START II’s limits can be effect. START I, which entered into force on achieved on schedule. When the Joint Chiefs of Staff try to December 5, 1994, provides a good ex- More recently, the State Department imagine the worst possible military ample of what we can expect under provided my office with the most up to disaster, the worst possible nuclear at- START II, so it is useful to review date information available on START I tack upon the United States and our START I briefly and how its implemen- implementation. As of September 1, nuclear forces, they can come up with tation is proceeding. 1995, the United States had 1,727 some horrible possibilities. That’s their START I was the first arms reduc- START accountable deployed nuclear job, and they are consumate profes- tion treaty, that is, it called for actual delivery vehicles—ICBM’s, SLBM’s and sionals. They have no doubt that the reductions in nuclear forces. It re- heavy bombers—compared to 2,246 in START II Treaty will leave us with quired overall cuts of about one third September of 1990. The United States more than enough nuclear forces to in United States and Soviet arsenals, had 8,345 START accountable war- meet our security needs. That, Mr. and also calls for a 50-percent cut in so- heads, compared to 10,563 5 years ear- President, is very powerful testimony called heavy ICBM’s, namely the SS–18. lier. The former Soviet Union [FSU] and should erase any doubt that START I requires reductions in ac- parties—Russia, Belarus, Kazakhstan, START II will permit adequate forces. countable weapons, that is, numbers and Ukraine—collectively had 1,799 In conclusion, General Shali had this agreed upon for purposes of the treaty, strategic nuclear delivery vehicles—of to say: whether or not they are the real num- which 1,513 are Russian—compared to When both the United States and Russian bers. START I provided for limits on 2,500 5 years before. The FSU Parties strategic nuclear forces are reduced to the both the ‘‘strategic nuclear delivery had 8,859 START accountable war- levels established by this treaty, our forces vehicles’’—otherwise known as land- heads—of which 6,769 are Russian— will remain roughly equivalent, but without based and submarine-launched ballistic compared to 10,271 warheads in 1990. the unstable pockets that have troubled us missiles and bombers—and for account- Both sets of parties are below the for decades. This, beyond even the consider- able warheads. The treaty required re- Phase I limits that will not come into able reductions to our nuclear forces, is the effect until December 1997. In addition, beneficial hallmark of this treaty—a secu- ductions to 1,600 delivery vehicles and 6,000 warheads by the end of a 7-year both the United States and the former rity gain that is as positive for the Russians Soviet Union are below their Phase II as it is for the Americans. period of implementation. The other members of the Joint Chiefs of The reductions must be made accord- launcher limits that will not come into Staff and I have no reservations towards this ing to a schedule of limits in two effect until December 1999. So imple- treaty, about the strategic force reductions phases before reaching the final limits: mentation of START I is going very it entails, or about our ability to properly Phase I permits no more than 2,100 de- well, and well ahead of schedule. Given verify that the Russians are complying with the close relationship between START its provisions. I, thus, encourage you to livery vehicles and 9,150 warheads by December 5, 1997; Phase II permits no I and START II, there is every reason promptly give your advice and consent to to expect that START II will be an the ratification of the START II Treaty. more than 1,900 delivery vehicles and 7,950 warheads by December 5, 1999. At equal success, as the states. Mr. President, this is compelling evi- VERIFICATION AND CHEATING CONCERNS dence from our Nation’s senior officer the time of the data exchange for START I in September 1990, the United Mr. President, every arms control that the START II Treaty is a good treaty raises concerns about deal for American security. Few, if States had 2,246 strategic delivery vehi- cles and 10,563 warheads, while the So- verification and compliance—our abil- anybody, know more about the mili- ity to check that the other party isn’t tary perspective of our security re- viet Union had 2,500 delivery vehicles and 10,271 START accountable war- cheating. START II has the most com- quirements than General Shalikash- prehensive and intrusive verification vili. heads. That is the baseline against which to measure implementation. provisions of any nuclear arms control START I IMPLEMENTATION AND RELATIONSHIP In May 1995, Under Secretary of De- treaty ever negotiated, a system that The START II Treaty is based on the fense Walter Slocombe testified before our defense and military leaders are START I Treaty, which was negotiated the Armed Services Committee about confident will work well. between the United States and the So- START I implementation, just 5 When Defense Secretary Perry was viet Union. After the Soviet Union dis- months after the treaty entered into asked in a Senate hearing why he felt solved, START I was expanded to in- force: confident that cheating would not be a clude Ukraine, Kazakhstan, and problem in START II, he gave the fol- Belarus—in addition to Russia—as the U.S. implementation of START I continues to proceed smoothly. We have deactivated lowing explanation. new inheritors of the nuclear forces of all of our forces to be eliminated under There are three factors which make cheat- the former Soviet Union. START I, by removing over 3,900 warheads ing, I think, improbable in START II. The One crucial aspect of this expanded from ballistic missiles and retiring heavy first is just the general openness of commu- START I process that people should bombers to elimination facilities. We have nication and exchange of personnel which understand is that when the Soviet already eliminated over 300 missile launch- now exist between our two countries. For ex- Union collapsed, it produced, over- ers and over 240 heavy bombers, putting us ample, I have myself been to the Russian below the first START I intermediate ceiling test range at Baikonur. I have been to the night, four nuclear weapon nations ICBM operational site at Pervomaysk. I’ve where there was just one before. And that will not come into effect until Decem- ber 1997. examined the missiles in their control cen- two of those overnight nuclear weapon ters in great detail. I have discussed detailed powers—Ukraine and Kazakhstan—had Secretary Slocombe also stated that: issues about these programs with the sci- larger nuclear arsenals than Britain, Our START I Treaty partners in the entists in the program and with the oper- France, and China combined. As part of former Soviet Union are also making great ational officers in the strategic rocket force. START I, the three newest nuclear strides. Russia has moved rapidly on launch- That kind of communication makes it very er eliminations. Like the United States, the weapon states signed the Non-Pro- difficult to execute successfully a cheating former Soviet Union has already met the program. liferation Treaty as nonweapon states first intermediate ceiling on launchers, with Second, there are in START I very com- and pledged to eliminate all their nu- over 600 missile launchers and heavy bomb- prehensive verification procedures that go clear weapons and be totally nuclear- ers eliminated thus far, in fact, it is very well beyond national technical means. They

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S483 require the sharing of telemetry data. They leave Russia with more than enough of last year. That was a result of a require various kinds of cooperative meas- nuclear forces for its security needs. As unanimous-consent agreement worked ures, displaying the forces. They involve con- General Clark explained it: out between the Chairman of the For- tinuous monitoring. They involve on-site in- Even at fewer than 3,500 warheads, Russia eign Relations Committee, Mr. HELMS, spection. This is an exceedingly comprehen- will have sufficient warheads to cover their and Senator KERRY of Massachusetts. sive form of inspection. So that’s the second U.S. targets and still maintain a reserve. Be- That agreement called for the treaty to reason that I think cheating is exceedingly cause of this, additional warheads generated improbable. be brought up for Senate consideration by cheating would only have marginal effect before adjournment of the 1st session The third is that we have added on on damage expectancy or would be used to of this Congress. And last month, on START II additional on-site inspec- increase sides’ reserve force. Since these ad- December 22, the Senate did take up tions and exhibitions specifically ditional warheads would have only marginal the treaty, but did not complete action pointed out verifying the configuration effect on a Russian attack and would be very embarrassing if detected, we can find little on it. of the SS–18 silos and the actual bomb- incentive to carry out a military significant Although we did not vote on the trea- er loadings. All three of these together, violation. ty, we did agree on several issues. We I think, give us a high degree of con- I cannot think of a better combina- adopted a manager’s package of fidence that we are not going to be sub- tion of positive factors about a nuclear amendments to the resolution of ratifi- ject to cheating. arms reduction treaty than we have in cation, and agreed that when we return General Shalikashvili reinforced Sec- START I: It requires deep cuts—two- to the treaty there would be no other retary Perry’s answer with the fol- thirds below the 1990 levels—and elimi- amendments in order. We also agreed lowing comment: nates the most destabilizing nuclear that debate would be limited to 6 Mr. Chairman, as Secretary Perry men- systems on both sides. It leaves both hours, with additional time for Senator tioned, START II verification rests essen- sides with adequate forces to protect THURMOND. But it was clear that the tially on three pillars—intrusive inspections, their security. Its monitoring and purpose of our action was to try to data exchanges and national technical verification provisions assure that complete final action on the treaty as means. START II has 14 types of intrusive quickly as possible. That was certainly on-site inspections, 10 from the START I START II is effectively verifiable. Fi- treaty and four new ones. Both treaties re- nally, the treaty provides neither side the spirit of the effort of the Arms Con- quire very detailed exchanges of data of stra- with an incentive to cheat. It has been trol Observer Group that came to- tegic systems. And certainly you’re familiar endorsed without reservation by the ci- gether to work out a package of with the ability of our national technical vilian and military leaders in the Pen- amendments to the Foreign Relations means to oversee that. tagon, who have all urged numerous Committee resolution of ratification. Given these factors, I would say, first of times that we promptly give our advice The Arms Control Observer Group, all, that I’m very confident, and so are the and consent to ratification. That which is composed of members from joint chiefs, that the treaty is effectively makes it pretty plain that we should the various committees of jurisdiction verifiable. Second, we think that it’s very on arms control matters, gathered just difficult to picture a scenario that would vote overwhelmingly for ratification and move the treaty closer to imple- before the end of last year to consider give an advantage to the Russians to cheat. a series of amendments proposed by They have already under this treaty the abil- mentation. majority members in an effort to reach ity to successfully accomplish deterrence SENATE ACTION ON START II and accomplish the military task of covering Mr. President, the Senate has spoken both a time agreement and secure a necessary targets. So any cheating would at clearly on its desire to act on the vote by Friday, December 22. The mem- bers acted in good faith, upon excep- best give them some ability to increase their START II Treaty. For example, on reserve. And the cost of being caught at tionally short notice and, after consid- February 2, 1993, Senator DOLE, our cheating would far outweigh any of that ad- erable effort, reached agreement on the current majority leader, cosponsored vantage. So therefore, I see very little incen- amendments as a means to complete Senate Resolution 54, commending tive for them to cheating, but I’m also very action on the treaty before we ad- President Bush on the conclusion of confident that should they, we would be in a journed for the year. Unfortunately, we very good position, through the inspections the START II Treaty. That resolution only got a partial time agreement and and verification procedures, to detect that. stated that the Senate ‘‘intends to no date certain for a vote. That was a take up the Treaty at the earliest pos- It does not get much clearer than disappointment. We failed to vote on sible moment in pursuit of its constitu- that. The Secretary of Defense and the the treaty before the end of the 1st Ses- tional duty to advise and consent to Joint Chiefs of Staff all agree that the sion of 104th Congress, and before the the ratification of treaties.’’ START II Treaty is effectively end of 1995, as had been the stated goal verifiable. Furthermore, they can’t On September 5, 1995, the Senate adopted unanimously an amendment to of the Senate. even imagine a credible situation in Now we have the opportunity, at long the Defense authorization bill urging which the Russians would have any in- last, to vote in favor of the resolution prompt ratification of the START II centive to cheat; they would not gain of ratification and move this treaty to- Treaty and the Chemical Weapons Con- any appreciable advantage, and we ward entry into force and implementa- vention. This amendment stated: would detect such a violation and tion. I believe that the Russian Gov- would be able to respond if necessary. It is the sense of the Senate that the ernment, and especially its Par- This is the first time I have ever heard United States and all other parties to the START II Treaty and the Chemical Weapons liament, will have the wisdom to ratify our military say they cannot imagine a Convention should promptly ratify and fully this treaty because it is also so strong- situation in which the other party implement, as negotiated, both treaties. ly in their security interest to do so. could or would want to cheat on an This provision was adopted by the NEXT STEPS IN ARMS REDUCTIONS arms control treaty. conference on the Defense authoriza- Mr. President, the START II Treaty Before the Armed Services Com- tion bill, and appears in the conference is an extremely important step to im- mittee last May, Gen. Wesley Clark, report, so it will be part of the final prove our security and reduce the dan- Director of Strategic Plans and Policy Defense Authorization Act. ger of nuclear weapons and nuclear of the Joint Staff, testified that: ‘‘Both Mr. President, on December 5 of last war. It will result in reductions of during and after the Treaty negotia- year, 35 of our colleagues joined with some two-thirds of the deployed long- tions, we have examined multiple ways myself and the senior Senator from Il- range nuclear weapons of the cold war that the Russians could conceivably linois [Mr. SIMON] in a letter to the ma- superpowers, and will restructure the violate the Treaty to augment their jority leader urging that the Senate remaining arsenals into more stable forces. It is difficult to come up with a complete action on the START II Trea- configurations. These are the most am- militarily relevant cheating scenario.’’ ty during the first session of the 104th bitious nuclear weapon reductions un- The monitoring and verification provi- Congress in 1995. So it is clear that the dertaken by the United States and the sions of the Treaty would prevent ei- Senate is on record in various ways as former Soviet Union. But they are not ther side from violating the Treaty favoring prompt action on the START sufficient. There will remain after all without being detected, but the Joint II Treaty. the required START II reductions, as Chiefs cannot see an incentive for Rus- The Senate came very close to com- many as 3,500 long range warheads de- sia to cheat because the Treaty will pleting action on START II at the end ployed by each side, and even more

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S484 CONGRESSIONAL RECORD — SENATE January 26, 1996 warheads not deployed. That is far The START II Treaty offers a significant Bond Gorton McConnell more than we need for our security, contribution to our national security. Under Boxer Graham Mikulski its provisions, we achieve the long-standing Bradley Grams Moseley-Braun and poses more of a danger than we Breaux Grassley Moynihan goal of finally eliminating both heavy should accept. We need to continue the Brown Gregg Murkowski reductions begun by the START proc- ICBM’s and the practice of MIRVing ICBM’s, Bryan Harkin Murray thereby significantly reducing the incentive Bumpers Hatch Nickles ess, and reduce to the lowest level pos- for a first strike. For decades, we and the Burns Hatfield Nunn sible, including the other nuclear weap- Russians have lived with this dangerous in- Byrd Heflin Pell on states in the process at the appro- stability. With this treaty, we can at last put Chafee Hutchison Pressler priate time. it behind us. Cochran Inouye Pryor At the hearing before the Foreign Re- Cohen Jeffords Reid The Joint Chiefs and I have carefully as- Conrad Johnston Robb lations Committee, Secretary Perry sessed the adequacy of our strategic forces Coverdell Kassebaum Rockefeller was asked about further reductions in under START II. With the balanced triad of Craig Kempthorne Roth nuclear forces. He stated that further 3,500 warheads that will remain once this D’Amato Kennedy Santorum treaty is implemented, the size and mix of Daschle Kerrey Sarbanes reductions are desirable and planned: DeWine Kerry Simon ‘‘I have always believed that we should our remaining nuclear forces will support our deterrent and targeting requirements Dodd Kohl Simpson reduce to the maximum extent we can, Dole Lautenberg Snowe against any known adversary and under the compatible with the threats and the Dorgan Leahy Specter worst assumptions. Both American and Rus- Exon Levin Stevens potential threats from other countries. sian strategic nuclear forces will be sus- Feingold Lieberman Thomas I think we can make dramatic reduc- pended at levels of rough equivalence; a bal- Feinstein Lott Thompson tions, though, beyond where we are ance with greatly reduced incentive for a Ford Lugar Thurmond today, if we have favorable political de- first strike. By every military measure, Frist Mack Warner velopments continu[ing] as they have START II is a sound agreement that will Glenn McCain Wellstone been in the last 5 years or more.’’ make our Nation more secure. Under its NAYS—4 Secretary Perry was then asked when terms, our forces will remain militarily suf- Ashcroft Inhofe he envisioned the nuclear weapon re- ficient, crisis stability will be greatly im- Helms Smith duction process, which has been bilat- proved, and we can be confident in our abil- ity to effectively verify its implementation. NOT VOTING—8 eral so far, involving the other ac- This treaty is clearly in the best interests of Campbell Faircloth Kyl knowledged nuclear weapon countries the United States. Coats Gramm Shelby to conclude further reductions. Sec- On behalf of the Joint Chiefs of Staff, I rec- Domenici Hollings retary Perry gave the following reply: ommend that the Senate promptly give its The PRESIDING OFFICER. The yeas At the time when we start getting down to advice and consent to the ratification of the are 87; the nays are 4; two-thirds of the levels of nuclear arms which are on the same START II Treaty. Senators present having voted in the order of magnitude of the levels of the other Mr. DOLE. Mr. President, I make a affirmative, the resolution of ratifica- nations. So far, even at the level of 3,000, we request that I understand may be ob- tion is agreed to. have many, many more nuclear weapons jected to. I was going to ask, as in ex- than any—we and Russia—than any other Mr. DORGAN addressed the Chair. country. But we certainly envision deeper ecutive session, that the yeas and nays The PRESIDING OFFICER. The Sen- cuts beyond the level of 3,000 to 3,500. And as on the resolution of ratification ac- ator from North Dakota is recognized. we start going down in the hundreds instead company START II be vitiated. f of in the thousands of nuclear weapons, then The PRESIDING OFFICER. Is there EXTENDING THE CURRENT FARM I think it’s not only appropriate; it would be objection? PROGRAM necessary to bring in the other countries Mr. LEVIN. Reserving the right to who have nuclear weapons. object—— Mr. DORGAN. Mr. President, the When asked what specific steps he Mr. NUNN. I object. hour is late, and I will simply take 1 envisioned to get to further nuclear The PRESIDING OFFICER. The ob- minute on an issue many of us are con- weapon reductions, he stated the fol- jection is heard. There is 1 minute for cerned about on both sides of the aisle. lowing: debate. I have previously offered unanimous- The sequence of events which I see is, first, Mr. DOLE. I yield the time back. consent requests to extend the current we need to get START II ratified in the Sen- farm program for a year, provide plant- ate and the Duma. Secondly, we need to get The PRESIDING OFFICER. All time is yielded back. The question is on ing flexibility, and forgive advanced an agreement on implementation—on accel- deficiency payments in the process of erating the implementation between our- agreeing to the resolution of ratifica- selves and the Russians. Third, we need to tion. The yeas and nays have been or- doing that. I am very concerned that mutually phase together the accelerated dered. The clerk will call the roll. the Congress provide an answer to draw-down. Fourth, we begin a discussion of The legislative clerk called the roll. farmers about what the farm program START III, which has enabled us to make Mr. LOTT. I announce that the Sen- will be. further deep reductions. We’ve already I want to work with Members on both ator from Colorado [Mr. CAMPBELL], looked at those deep reductions, have pretty sides of the aisle here in Congress to good feelings about how far we can go. We the Senator from Indiana [Mr. COATS], the Senator from New Mexico [Mr. get that done. Maybe we could hear a believe they ought to be bilateral. I think it bit from the majority leader. I think is appropriate, at that stage, though, to DOMENICI], the Senator from North there are some plans, perhaps next begin discussions with other countries, be- Carolina [Mr. FAIRCLOTH], the Senator week, to address this, which I think cause if the START III reductions are deep from Texas [Mr. GRAMM], the Senator enough we’re going to get down to levels will be a real step forward. from Arizona [Mr. KYL], and the Sen- where we need to be talking with other coun- f tries about this. ator from Alabama [Mr. SHELBY] are necessarily absent. CONCLUSION UNANIMOUS-CONSENT REQUEST— Mr. President, the evidence is both I further announce that, if present S. 1523 compelling and overwhelming: The and voting, the Senator from Colorado Mr. DORGAN. Mr. President, I know START II Treaty is unquestionably in [Mr. CAMPBELL] would vote ‘‘yea.’’ he is constrained to object tonight, but our security interest. It is long overdue Mr. FORD. I announce that the Sen- let me ask unanimous consent the Sen- for Senate action, and I welcome the ator from South Carolina [Mr. HOL- ate proceed to the immediate consider- opportunity for this body finally to LINGS] is necessarily absent. ation of S. 1523, the bill be read a third ratify this treaty. I know the outcome The PRESIDING OFFICER (Mr. time and passed, and the motion to re- will be very strong support for the KEMPTHORNE). Are there any other Sen- consider be laid upon the table. treaty, and I hope the Russian Duma ators in the Chamber desiring to vote? Mr. President, S. 1523 is the bill I just can take it up soon and then we can The yeas and nays resulted—yeas 87, mentioned with respect to the exten- begin implementing the treaty soon. nays 4, as follows: sion of the farm program. I would like to close by quoting the [Rollcall Vote No. 6 Leg.] The PRESIDING OFFICER. Is there conclusion of General Shalikashvili’s YEAS—87 objection? testimony before the Foreign Relations Abraham Baucus Biden Mr. DOLE. Mr. President, reserving Committee on March 1, 1995: Akaka Bennett Bingaman the right to object, let me indicate I

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S485 have discussed this with the Senator formation. We have had a good discus- Mr. LUGAR. I thank the Chair. I will from North Dakota. We are in the proc- sion about the schedule next week, and simply say, parenthetically, this is the ess—the distinguished chairman of the I am pleased that there is a possibility farm bill that has been referenced by subcommittee, Senator LUGAR, Mem- that we could address both the farm the majority leader, and cloture will bers on both sides of the aisle, Senator legislation and the telecommuni- attempt to be obtained on this. I appre- GRASSLEY from Iowa, Senator PRESS- cations bill. So next week could be a ciate the procedure of the Senate. LER from South Dakota, the Demo- very productive week, and hopefully we Mr. EXON addressed the Chair. cratic leader and others on both sides— can continue to ensure that that can be The PRESIDING OFFICER. The Sen- to see if we cannot come to some agree- done on Thursday. ator from Nebraska is recognized. ment by Thursday of next week. f It is my hope we can lay out some f process where, first of all, we would try TRIBUTE TO LYNN TERPSTRA DEFENSE AUTHORIZATION BILL to bring up or at least proceed to the Mr. DASCHLE. Mr. President, the Mr. EXON. Mr. President, I want to bill we passed one other time. We Democratic Policy Committee’s assist- take a moment, if I might, to con- would have to obtain cloture. That ant editor, Lynn Terpstra, will retire gratulate the Senator from South would probably not be invoked. from the Senate next week. This marks Carolina, Senator THURMOND, the Then perhaps the Senator from North the end of the long and productive ca- chairman of the Armed Services Com- Dakota could lay down his 1-year ex- reer of a vigilant and dedicated con- mittee, on which I am pleased to serve, tension, and if at that time we should gressional staff member. and his counterpart on the Democratic have a bipartisan compromise, we side, Senator Sam NUNN from the State would offer that as a substitute. That Hers is a career that spans 25 years, from 1969 to 1996. of Georgia. They did an exceptional job is what we have been discussing. I have in getting finally a defense authoriza- talked to the Democratic leader two or Lynn Terpstra began her congres- sional career in July, 1969, on the staff tion bill approved that the President three times today. I know the farmers said he will sign after vetoing the pre- are anxious in all parts of the country. of Senator George Aiken of Vermont. Her next Senate assignment was on the vious bill. We hope we can work it out. It may not I thought the President was right in be possible to do it that quickly, but staff of the Commission on the Oper- ation of the Senate. In February 1977, that timeframe when he vetoed the we are working on it. Our staffs will bill. I am not happy completely with continue to work in a bipartisan way, she brought her quick mind and dili- gent habits to the Senate Democratic the bill, as I outlined earlier in re- and we hope we can have it done by marks on the Senate floor before the next Thursday. Policy Committee. Her technical skills and her grasp of how to help organize vote. But certainly the Senator from Therefore, I feel compelled to object. South Carolina and the Senator from The PRESIDING OFFICER. Objec- the ever-increasing DPC graphics and Georgia did an admirable job in elimi- tion is heard to the request of the Sen- publications workload made Lynn an nating some of the most obnoxious ator from North Dakota. invaluable player on the DPC team. Mr. DORGAN. If the Senator will Lynn Terpstra’s keen eye, creative parts of the defense authorization bill yield for one moment, I understand talent and dedicated approach to the originally and coming to a successful that, and I hope we can reach a bipar- work of the Senate’s Democratic Pol- conclusion today where we have passed tisan compromise on this. I think, to icy Committee will be missed. The DPC it in the U.S. Senate. the extent we will move to it and ad- is grateful for her contribution to our f dress it next week, that is real work, and I want to thank Lynn and START II TREATY progress. I think farmers and others in wish her well in her future endeavors. Mr. EXON. Mr. President, I want to rural America will be pleased by that, I yield the floor. move on and thank my dear friend and and I hope we can make some signifi- f colleague who has just spoken with re- cant progress next week on this issue. gard to the START II Treaty. There is I thank the Senator from Kansas. BILL READ THE FIRST TIME—S. 1541 nothing that has a better chance for f the hope of mankind in the future than ORDER OF PROCEDURE Mr. LUGAR. Mr. President, after the overwhelming approval of the consultation with the distinguished Mr. DOLE. I will just indicate to my START II Treaty. When it is imple- majority leader, Mr. DOLE, I send a bill colleagues, I know others have planes mented, it will reduce the number of to the desk and ask for its first read- to catch. I will come back on the floor nuclear warheads both in Russia and ing. later. It is quite possible we will be in the United States of America. I con- The PRESIDING OFFICER. The bill session on Tuesday and Wednesday of gratulate the ranking member and the will be read for the first time. next week for morning business. chairman of the Foreign Relations The legislative clerk read as follows: I think on Tuesday there will be Committee for a job very well done. maybe 3 hours equally divided, on A bill (S. 1541) to extend, reform and im- Mr. PELL. Mr. President, if the Sen- Wednesday 4 hours equally divided, and prove agricultural commodity, trade, con- ator will yield for a moment, I want to servation, and other programs, and for other say what a wonderful job the chairman, on Thursday it would be my hope that purposes. we could have completed the tele- Mr. HELMS, and my fellow floor man- Mr. LUGAR. Mr. President, I now ask communications conference by then ager, Senator LUGAR, have done. I for its second reading. and have that conference report on the thank the Senator from Nebraska for Mr. NUNN. Mr. President, I object. floor; also, that we might have some his kind remarks. The PRESIDING OFFICER. Objec- agreement on the farm legislation, at I think this is truly a historic day. I tion is heard. The bill will be read on least on the Senate side, and have that am glad my retirement from the Sen- the next legislative day. vote on Thursday, and any other votes ate is coming after this and not before. that may come up. We could have a f Mr. EXON. I thank my friend, Sen- ator PELL, so very, very much. vote on Thursday of next week. I do UNANIMOUS-CONSENT AGREEMENT not anticipate any votes prior to f Thursday. If something should occur so Mr. LUGAR. Mr. President, given this turn of events, I ask unanimous TOUGH TALK ON THE FARM BILL that those votes should become un- IS DOUBLETALK likely, we could still be in morning consent that it be in order on Tuesday, business. But we would notify our col- January 30, 1996, for the majority lead- Mr. EXON. Mr. President, on another leagues on both sides of the aisle. er or his designee to file a cloture mo- matter, very briefly—and I will not tie Mr. DASCHLE addressed the Chair. tion with respect to the farm bill to be up the Senate, it will take me 3 or 4 The PRESIDING OFFICER. The mi- introduced this evening. minutes—I want to talk briefly about nority leader is recognized. The PRESIDING OFFICER. Is there what I was surprised to see, which I Mr. DASCHLE. Mr. President, let me objection? Without objection, it is so term ‘‘Tough Talk on the Farm Bill Is thank the majority leader for that in- ordered. Doubletalk.’’

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S486 CONGRESSIONAL RECORD — SENATE January 26, 1996 Mr. President, in the Friday edition provided it is part of the budget reconcili- imum extent allowed by the Uruguay Round of the Omaha World Herald there was a ation package. of GATT should be included in the con- curious story. In it, Dean Kleckner of It is urgent that a budget agreement be ference agreement. reached before the end of 1995. The situation the American Farm Bureau takes to Likewise, we ask conferees to build on the is especially critical for America’s farmers growing opportunities for agricultural ex- task several farm State Senators and and ranchers who need to make planting de- ports made possible by the passage of GATT seems to blame us for the impasse on cisions for the 1996 crop year now. and NAFTA. U.S. agricultural exports are the farm bill. He goes so far as to say, The American Farm Bureau Federation expected to reach $53 billion in 1995. The con- and I quote: ‘‘I have heard some Mem- supports the overall reconciliation package tinuation of effective trade policy is para- bers of Congress say that the (Freedom as developed by Congress which includes tax mount to maintaining market share in the to Farm) bill will pass over their dead relief, spending restraint and a balanced world agricultural economy. Cuts in trade bodies. If there is no farm bill, there budget within seven years. programs would jeopardize the hard fought The people have spoken in support of sig- will be a lot of dead bodies.’’ battle to combat unfair foreign subsidies and nificant government reform and reduced fed- regain world market share. We strongly urge Mr. President, this is, indeed, curious eral spending to balance the budget in seven you to restore funding for agricultural ex- and offensive hyperbole. Some of us years. The 4.5 million Farm Bureau families port promotion and development programs have been encouraging a farm bill to be across the nation urge swift and responsible to GATT-permissible levels. We would sup- brought up for debate and to be acted action to resolve the budget impasse. port increases in unpaid flex to accomplish on for a long time. But where was the DEAN R. KLECKNER, this goal. Farm Bureau? They certainly were not President. We support the EQUIP, livestock cost- taking that line on December 13. share program, and the elimination of the AMERICAN FARM BUREAU FEDERATION, On that day, I received a letter from authority for permanent easements within Washington, DC, November 6, 1995. the Wetlands Reserve Program and on prop- Mr. Kleckner which took just the oppo- Hon. JAMES J. EXON, erties acquired by the Farmers Home Admin- site position. The Farm Bureau wanted 528 Senate Hart, istration. We believe these ideas promote a farm bill only, quoting from that let- Washington, DC. sensible agricultural policy that can also ter, ‘‘provided it is part of the budget DEAR SENATOR EXON: The agriculture com- generate needed budget savings. reconciliation package.’’ ponents of both the House and Senate Budg- Establishing long-term priorities for agri- This bit of now you see it and now et Reconciliation packages propose substan- cultural policy should be a part of the new tial changes in farm policy. Both proposals farm bill. As the income safety net is re- you don’t from the Farm Bureau significantly restructure the income safety should come as no surprise, however. duced, discussions should be focused on re- net for farmers and drastically reduce the search needs, trade opportunities, credit re- On November 6, I received a letter from dollar amount of that support over the quirements and risk management alter- Mr. Kleckner which said in part, ‘‘Par- seven-year period. This leaves farm program natives for U.S. farmers. We support the es- ticularly troubling throughout this de- crop producers more exposed to the produc- tablishment of a national farm policy impact bate has been the inability of the budg- tion and price risk inherent in farming. The review process. et process to encourage programs level of spending reductions currently under We appreciate your interest in our views which provide higher income supports consideration represents far more than a fair on farm policy. We look forward to working share for agriculture. Even at reduced levels when market prices are low and lower with you to ensure that a farmer-friendly of spending reductions, agriculture would farm policy becomes law. supports when prices are high.’’ still provide a significant contribution to Sincerely, And he added at that time in that deficit reduction. DEAN R. KLECKNER, message, ‘‘Continued linkage of mar- Neither the Senate nor House proposal President. ket prices and producer payments is contains all the answers. In fact both, to a very necessary.’’ great extent, are too directly driven by the AFBF CALLS FOR IMMEDIATE ACTION ON In essence, the Farm Bureau staked vagueness of budget scoring rather than ef- SEVEN-YEAR FARM BILL fective long-term agricultural policy. PARK RIDGE, IL,—January 25, 1996.—With out a position that is absolutely con- Within the Senate and House proposals the absence of progress on federal budget re- trary to the Freedom to Farm bill that there are several key elements of an income form, the American Farm Bureau Federation it now endorses. That is a 180-degree safety net which should become part of the said a farm bill like the one formerly linked change. Now they support a farm wel- final reconciliation package. fare bill that, I believe, will fail our These elements include: to the congressional budget reconciliation 1. Increased planting flexibility; proposal is needed immediately. farmers who do not want welfare pay- The AFBF Board of Directors today said ments to do nothing. It cannot with- 2. Minimal use of supply management tools; the organization would support a seven-year stand the light of day, and I predict 3. Increased non-paid flex acres to meet farm bill now being proposed by House Agri- that it will not. I am at a loss to ex- budget requirements; culture Chairman Pat Roberts (R–Kan.), as a plain the schizophrenic behavior of the 4. Continued linkage of market prices and stand-alone measure or attached to other Farm Bureau. Perhaps they want to producer payments; legislation. The Roberts proposal includes hurry up and clear the tracks so they 5. Protections for non-program crop pro- greater planting flexibility so farmers can can campaign in the Iowa caucuses and ducers; and better respond to the marketplace and finan- cial support in the form of ‘‘market transi- New Hampshire primary. I, for one, 6. Utilization of all budgeted outlays for mandatory program spending. tion payments.’’ however, would prefer that Congress Particularly troubling throughout this de- The reasons for this move are numerous, stay in session to work out a farm pol- bate has been the inability of the budget according to AFBF President Dean Kleckner. icy that makes sense, and maybe what process to encourage programs which provide The two alternatives—an extension of the was decided tonight is going to allow higher income supports when market prices 1990 farm bill, or reverting to the 1949 farm us to do that. are low, and lower supports when prices rise, act—are unacceptable to America’s farmers. Certainly, if we do that, it will give while utilizing available budget outlays. In Kleckner said the 1949 act is incompatible us the time for the Farm Bureau to order to provide a long-term safety net the with U.S. farmers selling their commodities conference committee should develop a pro- in the world market, and an extension of the change their minds once again. gram which maintains a price-payment link- 1990 act would fail to provide farmers needed I ask unanimous consent that com- age and allows budgeted funds not expended planting flexibility and would invite deeper munications of different views from in years of high prices to be available in cuts in agriculture spending during future the Farm Bureau of November 6, 1995, years in which farm income is low. Failure budget reconciliation efforts. December 13, 1995, January 26, 1996, and to resolve this issue will render farm pro- ‘‘Spring planting season in many southern the Omaha World Herald story of Janu- grams either an ineffective income support states is just around the corner,’’ Kleckner ary 26, 1996 be printed in the RECORD. mechanism or subject them to being an irre- said. ‘‘Farmers must be able to make their There being no objection, the mate- sistible political target. Unless good policy planting decisions and secure financing from prevails over budget rules and scoring limi- lenders with full knowledge of the farm pro- rial was ordered to be printed in the tations, American farmers will lose. gram. A stand-alone farm bill, like the RECORD, as follows: The American Farm Bureau supports the framework proposed by Chairman Roberts is AMERICAN FARM BUREAU FEDERATION, Senate language with regard to the dairy essential to the viability of American agri- Washington, DC, December 13, 1995. provisions. We do not believe that complete culture over the next seven years.’’ DEAR SENATOR: Farm Bureau members are deregulation of the dairy industry is in the According to Kleckner, immediate action concerned about reduced farm program best interest of our producers across the is required because the longer it takes to ap- spending levels but support the framework of United States. Full funding for the Dairy Ex- prove a farm bill, the lower agriculture’s the Congressional farm program compromise port Incentive Program (DEIP) to the max- funding baseline will be. He also said a delay

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S487 would increase the budget pressures on agri- to the floor. For the life of me, I can- Mr. HARKIN. Yes. I yield. culture in any future budget reconciliation not understand why we do not have a Mr. EXON. My friend has been at the efforts. farm bill this year. We passed a farm forefront of workable farm programs ‘‘Farmers will continue to push for the tax bill out of the Senate Agriculture Com- for a long time. I am as mystified as he reform measures included in the stalled is. To build upon what the Senator just budget reconciliation measure,’’ Kleckner mittee. It was not what I wanted. But said. ‘‘Securing an increase in the estate tax we had our votes, we debated it. Yet, said, I placed in the RECORD the other exemption and a decrease in the capital we never brought it on the Senate floor day the farm welfare program, the so- gains tax rate are as important to the agri- to debate and vote on it. Never. Here it called Freedom to Farm Act. It would culture economy as nailing down a sensible is, almost February 1996, and farmers provide a massive amount, thousands farm bill. We will continue to highlight the in our area do not know what to do, of dollars a year, to a farmer whether importance of those tax measures as the how much credit to apply for, or what or not the farmer even planted, on one budget debate continues, but America’s seed to buy, or what kind of program hand, and he would get the same farmers need a farm bill now. AFBF and we are going to have this year. Then amount of thousands of dollars—I fig- state Farm Bureaus will be making a con- ured out that a typical farm of 500 certed push in Washington, D.C. and at home listening to the Senator from Nebraska in the coming weeks, during Congress’ ill- repeat the rapid changes in the na- acres, a corn farmer, at $3.10 a bushel, timed February recess.’’ tional president, or chairman, what- under the Freedom to Farm Act, even ever his position is, of the Farm Bu- though that farmer at 500 acres, 120 [From the Omaha World Herald, Jan. 26, reau, is disconcerting at best. bushels return, which is somewhere 1996] The Senator from Nebraska, if I un- near normal—— FARM BUREAU TRIES TO FREE MIRED FARM derstand this right, said that as re- Mr. HARKIN. We get more than that BILL cently as a month ago, the leader of in Iowa. (By David C. Beeder) the Farm Bureau was saying in a letter Mr. EXON. It would be $186,000 gross income the farmer would make. That is WASHINGTON.—Members of the American that was written publicly, I guess, that Farm Bureau Federation are seeking imme- the Farm Bureau was in favor of a farm gross, not net. But on top of that diate action on farm legislation that has program that would have some connec- $186,000, that particular farmer would been stalled along with the balanced-budget tion between commodity programs and receive a check of about $16,000. Or, I bill. Farm Bureau President Dean Kleckner support prices, and that they were in might add, if the price of corn went up said Thursday. favor of a program that would support to $4 a bushel, he would still get the Kleckner said the 4.5 million-member $26,000, or at $5 a bushel, the farmer farmers in years when prices were low, Farm Bureau, the country’s largest agricul- would get the $26,000; or if the farmer but not necessarily when prices are tural organization, has started working in did not want to do anything and just every congressional district to urge House high. Was that just a month ago, I ask sit home and watch television and surf and Senate members to separate farm legis- the Senator? lation from the long-delayed budget bill. Mr. EXON. I believe the date was No- the channels and not even go out and ‘‘Our intention now is to lead the charge in vember 6, maybe 60 days ago. The time- plant, he still gets $26,000 from the Fed- getting a farm bill passed as soon as pos- frame may be a little over a month. eral Government. If that is not a form of welfare—as I sible,’’ said Kleckner, a farmer from Rudd, But the Senator is absolutely correct, Iowa. ‘‘Spring planting season in many said in my remarks, once the Sun regardless of the date, there was a dra- Southern states is just around the corner.’’ shines in on that, once the members of matic change overnight, without any Without farm legislation, some farmers are the Farm Bureau realize and recognize finding it difficult to borrow money, explanation from the Farm Bureau of that their leadership is trying to con- Kleckner said. being against the program they are vert a farm program based on produc- A stand-alone farm bill introduced by Rep. now for, and that boggles my mind. tion that supports them when prices Pat Roberts, a Republican from Kansas who Mr. HARKIN. I add, on the Agri- are low but does not support them heads the House Agriculture Committee, culture Committee last summer—and I when they are getting $3.10 a bushel, would allocate $44 billion over seven years to forget the exact date—the same indi- there is going to be a revolution in the make declining annual payments to farmers vidual, the president of the American based on subsidies they received in the past. Farm Bureau. There is also going to be, Farm Bureau, was before our com- The Roberts bill, co-sponsored by Rep. Bill what is more serious, a revolution that Barrett, R–Neb., would eliminate acreage re- mittee. Then we were talking about the Senator from Iowa commented on strictions and a requirement that farmers the budget, of which the distinguished when the people of the United States grow the same crop year after year to qual- Senator from Nebraska knows a lot, and the Members of the House of Rep- ify for payments. Farmers could plant any since he is a ranking member on our resentatives and U.S. Senate recognize crop, or no crop, under the bill. Budget Committee. I was asking him Kleckner said everyone involved in U.S. that you are throwing that kind of about the budget. I said that the Clin- money away, regardless of what the agriculture recognizes that ‘‘declining pay- ton budget cuts about—I think at that ments are a fact of life we will have to live price of corn is, even at $5 a bushel, with.’’ time it was around $4 billion, over a pe- you get it whether or not you earn it, However, he said, ‘‘My gut feeling is there riod, from agriculture, and I think the and that is welfare. will always be payments made on agri- House budget cut something like $13 Mr. HARKIN. I thank the Senator culture. They may not be related to crop billion or $14 billion from agriculture. I from Nebraska. I compliment him. He production. They may be made for environ- asked him, ‘‘Given those two options, has been a great leader in agriculture. mental reasons. which would you prefer? Which would I am going to miss his leadership in the The Roberts-Barrett bill has run into oppo- the Farm Bureau be for?’’ He said they years to come on the Senate floor. sition in the Senate. would prefer the Clinton budget. Opponents include Sens. Tom Daschle, D– f Now it seems like there is another S.D., the minority leader, Byron Dorgan, D– REDUCING NUCLEAR TENSIONS IN N.D., Bob Kerrey, D–Neb., J.J. Exon, D–Neb., big turnaround where they want this and Tom Harkin, D–Iowa. so-called freedom to farm bill, which, THE WORLD ‘‘I have heard some members of Congress as the Senator said, is really the farm Mr. HARKIN. Mr. President, I rise on say the bill would pass over their dead bod- welfare bill. I do not know how anyone a matter of great concern to me and all ies.’’ Kleckner said, ‘‘If there is no farm bill, could ask us to pass a bill that would those who are concerned about reduc- there will be a lot of dead bodies.’’ give a Government check to a farmer ing nuclear tensions in the world, who Mr. HARKIN addressed the Chair. when prices were extremely high in the are concerned about nonproliferation, The PRESIDING OFFICER. The Sen- marketplace. But that is what they are and who are in favor of and concerned ator from Iowa. asking for. It is a siren song for farm- about a comprehensive test ban treaty. f ers. If they buy into that, in a few I might point out that in the State of years there will not be any farm pro- the Union Message last Tuesday, Presi- AGRICULTURE gram or any farm bill at all to protect dent Clinton said that one of the things Mr. HARKIN. Mr. President, I have them when prices are low. I thank the he wanted to accomplish was a com- another matter on which I wish to Senator for bringing this up. prehensive nuclear test ban treaty. speak, but I want to thank the Senator Mr. EXON. If the Senator will yield Most experts agree that nowhere on from Nebraska for bringing this issue for a minute—— Earth is the potential for a nuclear

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S488 CONGRESSIONAL RECORD — SENATE January 26, 1996 confrontation more real today than on Despite efforts to persuade the world’s nu- position a few hours later to describe as the Indian subcontinent. Recent news clear powers to sign a comprehensive test ‘‘highly speculative’’ a report in the New has only served to heighten those con- ban treaty, China and France have tested nu- York Times today that quoted American in- cerns. clear weapons in recent months. If India fol- telligence experts as saying they suspected lows suit, its neighbor, Pakistan, with which an Indian test was being prepared. According to an article in the Decem- it has tense relations, may also test a nu- The Government offered no explanation for ber 15, 1995, issue of the New York clear weapon, Government and civilian ex- the change in its statements. But the effect Times, ‘‘U.S. intelligence experts sus- perts said. Neither country has signed the was to leave open the possibility that an un- pect that India may be preparing for Nuclear Nonproliferation Treaty. derground test is being prepared or that the its first nuclear test since 1974.’’ Need- ‘‘It’s going to have a nuclear snowball ef- Government wants to keep alive the impres- less to say, Mr. President, this is fect,’’ said Gary Milhollin, director of the sion that it has the option to conduct a test. Senior political, military and scientific of- alarming news and it cannot be taken Wisconsin Project on Nuclear Arms Control in Washington and a leader civilian expert ficials in India gathered to discuss the re- lightly. sponse to the Times report, which said Mr. President, this is the article from on the spread of nuclear weapons. ‘‘It also jeopardizes the possibility that the world United States spy satellites had detected the New York Times, Friday, December will sign a comprehensive test ban treaty preparations at the Pokaran test site in 15: ‘‘U.S. Suspects India Prepares To next year.’’ Rajasthan, 340 miles west of New Delhi. Conduct Nuclear Test.’’ A State Department official who spoke on Western intelligence agencies say India The day after that, on December 16— condition of anonymity said that if India ex- has been pursuing a secret nuclear weapons ploded a nuclear bomb, it ‘‘would be a matter program intensively for years. I might add in this article of December Someone faxed a copy of the Times article of great concern and a serious setback to 15, the Indian spokesman said that that to the Foreign Ministry shortly after the nonproliferation efforts.’’ is not what it was. He said that these first edition of the newspaper went on sale in ‘‘The United States is committed to the New York on Thursday night. Within an were army exercises whose ‘‘move- early completion of a comprehensive test hour, Arif Khan, Foreign Ministry spokes- ments have been absurdly misinter- ban,’’ the official said. ‘‘We are observing a man, telephoned the Times bureau in New preted.’’ That was on December 15. moratorium on nuclear testing and we have On December 16, the next day, a story Delhi with a denial. ‘‘There is no truth in called upon all nations to demonstrate simi- this,’’ he said. ‘‘There is no question of any in the New York Times: ‘‘India Denies lar restraint.’’ test being conducted.’’ Atom-Test Plan But Then Turns Am- But not all nations have heard the call. Mr. Khan said the technical activity de- biguous.’’ India says publicly that it wants the com- tected could have been related to ‘‘routine It went on to say that the Indian plete elimination of nuclear weapons. But its military exercises,’’ including a recent air Government denied it was planning its nuclear hawks argue that the United States force training operation in the area, which is and Russia will never live up to that ideal near the Pakistan border. first nuclear test, and a few hours later and that a comprehensive test ban that is recast its position to describe as ‘‘high- After the high-level officials had met to not linked to drastic reductions in the discuss the issue, Mr. Khan held a briefing ly speculative’’ a report in the New world’s nuclear arsenals could leave India a for reporters, and was cautious in his re- York Times that quoted American in- second-rate or third-rate nuclear power. sponses, avoiding outright denial. ‘‘It is a to- telligence experts as saying they sus- Mr. Milhollin said India did not have a tally speculative kind of report,’’ he said. pected an Indian test was being pre- great archive of test data for nuclear weap- When a reporter asked if the speculation was pared. ons that could be mounted on a warhead and true or false, he replied: ‘‘There is no such Mr. President, I ask unanimous con- placed on a missile. ‘‘Once the test ban trea- thing as true speculation. Speculation is ty comes in, they will be data-poor,’’ he said sent that these two articles be printed speculation.’’ ‘‘A test now would supply them data, it By encouraging uncertainty about its in the RECORD. would be a tremendous plus for the Congress plans the Government appeared to be fol- There being no objection, the mate- Party, it would give them a big boost in the lowing the ambiguous policy it has laid down rial was ordered to be printed in the elections.’’ since the test at Pokaran on May 18, 1974. RECORD, as follows: Political pressure for a nuclear test is That test stunned Western governments that [From the New York Times, Dec. 15, 1995] building among India’s right wing. ‘‘They are had hoped that India would turn its back on saying: ‘What are we sitting around for? Why nuclear weapons. At the time, India de- U.S. SUSPECTS INDIA PREPARES TO CONDUCT should we sign a test ban treaty not linked scribed the test of a Hiroshima-sized bomb NUCLEAR TEST to the reduction of nuclear weapons?’’’ said equal to about 12,000 tons of TNT, as ‘‘a (By Tim Weiner) Selig S. Harrison, an expert on South Asia at peaceful nuclear explosion,’’ a description WASHINGTON, December 14.—American in- the Carnegie Endowment for International Mr. Khan repeated today. telligence experts suspect India is preparing Peace. India’s program to perfect nuclear war- for its first nuclear test since 1974, Govern- In 1974 India exploded what was believed to heads has been presented as a contingency ment officials said today. be a Hiroshima-sized bomb equal to 12,000 plan, not as a program aimed at building or The United States is working to discourage tons of TNT, which it called a ‘‘peaceful nu- deploying nuclear weapons. Mr. Khan re-af- it, fearing a political chain reaction among clear explosion.’’ It renewed its program firmed this position today, saying, ‘‘While nuclear nations. some years later, and in 1989 the Director of we have the capability, we have not utilized In recent weeks, spy satellites have re- Central Intelligence, William H. Webster, it, because we believe in the peaceful uses of corded scientific and technical activity at testified that India had resumed research on nuclear energy and not for weapons pur- the Pokaran test site in the Rajasthan thermonuclear weapons. poses.’’ desert in India. But intelligence experts said While India has sought to limit the nuclear But behind this public stance, Indian ex- they could not tell whether the activity in- abilities of China, it is most concerned about perts said, pressures have been building for volved preparations for exploding a nuclear the nuclear-weapons program of Pakistan, new tests. The experts said the tests would bomb or some other experiment to increase although Pakistan has not acknowledged it measure the effectiveness of development India’s expertise in making nuclear weapons. has one. The two countries have had three since 1974, allowing scientists to measure the ‘‘We’re not sure what they’re up to,’’ a wars, unending political tensions and con- efficiency of new approaches to bomb-mak- Government official said. ‘‘The big question stant border disputes since they were formed ing, including miniaturization of warheads is what their motive is. If their motive is to by the partition of India in 1947 after its and new triggering mechanisms. get scientific knowledge, it might be months independence from Britain. But others said the main pressure has been or years before they do the test. If it’s for A subnuclear experiment, which would not political. While the nuclear debate here has purely political reasons, it could be this involve a nuclear explosion, might not have focused on Pakistan, which has been identi- weekend. We don’t know the answer to those the political effect of a full-fledged detona- fied by United States intelligence officials as having its own secret nuclear weapons pro- questions.’’ tion. But Administration officials said they gram, officials say India’s long-range con- Shive Mukherjee, Press Minister of the In- feared that any test would create pressure on cerns focus more on China, which has at dian Embassy here, said today that the ac- Pakistan to follow suit. least 450 nuclear-armed ballistic missiles ca- tivities at the nuclear test site were army ‘‘We look at this in a balance with Paki- pable of striking targets in India. exercises whose ‘‘movements have been ab- stan,’’ a White house official said. surdly misinterpreted.’’ Mr. HARKIN. India has denied but In- The Congress Party of India, which has [From the New York Times, Dec. 16, 1995] dian officials have failed to state clear- governed the country most of the years since INDIA DENIES ATOM-TEST PLAN BUT THEN ly and categorically that India will re- independence in 1947, is facing a serious chal- TURNS AMBIGUOUS frain from testing. I fear, and many lenge from a right-wing Hindu nationalist party. United States Government officials (By John F. Burns) others fear, if India proceeds with its say a nuclear weapons test could be used by NEW DELHI, Dec. 15.—The Indian Govern- testing program then Pakistan will feel the Congress Party as a symbol of its polit- ment denied today that it was planning its obligated for their own security rea- ical potency. first nuclear test since 1974, then recast its sons to follow suit. This deadly game of

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S489 chicken would almost certainly esca- leading nonproliferation goal of the on possible enemies of the United States— late. United States. At best, this senseless cannot be dismissed. The nuclear genie must To make matters even more trou- arms race would squander billions of remain locked in the bottle. Thus, India must be dissuaded in every bling, reports today indicate that dollars and decrease security in the re- way possible from conducting a nuclear test. international negotiations in Geneva gion and beyond. For this reason I call And it should join in understanding that the on a comprehensive nuclear test ban on my colleagues to join me in urging Nuclear Non-proliferation Treaty and the treaty are being severely complicated, India to clearly state that it will re- Comprehensive Test Ban Treaty will make perhaps even undermined, by India’s frain from nuclear testing. Further- the whole planet safer for all by limiting the insistence to link a test ban with total more, I call on the administration to spread of nuclear weapons and know-how. nuclear disarmament. support efforts to bring both India and Mr. HARKIN. Mr. President, I have Mr. President, India must be re- Pakistan together for negotiations to several articles from newspapers minded that a nuclear test will trigger eliminate the threat of nuclear pro- around the country talking about the severe economic sanctions. U.S. mili- liferation in that region once and for problem of nuclear proliferation in tary and economic aid, U.S. support for all. that part of the world, talking about loans by the World Bank and other Mr. President, I further ask unani- the indications that India may be multilateral institutions, and export li- mous consent to have printed in the ready to conduct a nuclear test. I ask censes, would all be suspended. RECORD an editorial that appears in the unanimous consent that the various ar- Mr. President, it is time for both Chicago Tribune, Sunday, January 7, ticles be printed in the RECORD. India and Pakistan to pull back from a 1996, entitled ‘‘The Nuclear Danger In There being no objection, the mate- nuclear collision course. It is time to South Asia.’’ rial was ordered to be printed in the end the nuclear saber-rattling and There being no objection, the mate- RECORD, as follows: begin real talks at the negotiating rial was ordered to be printed in the [From the New York Times, Dec. 15, 1995] table. To that end, Mr. President, I RECORD, as follows: ARREST IN PAKISTAN BLAST commend the recent statement by [From the Chicago Tribune, Jan. 7, 1996] ISLAMABAD, PAKISTAN,—December 14.— Pakistan is holding a Canadian relief worker Pakistan Prime Minister Benazir THE NUCLEAR DANGER IN SOUTH ASIA Bhutto expressing Pakistan’s willing- of Egyptian origin, apparently in connection Here’s question certain to unsettle those with the suicide bombing of the Egyptian ness to meet with India anywhere in who still delude themselves that the end of Embassy in Islamabad on Nov. 19, his wife the world at any time to ensure that the Cold War eliminated the menace of po- said today. what happened in Hiroshima and Naga- tential nuclear war on planet Earth: Is there Maha Elsamna, 38, said that the police de- saki does not happen in Pakistan or an international rivalry today, one so unsta- tained her husband, Ahmed Saeed Khadr, re- India. I hope Indian officials take up ble and hostile, that nuclear weapons might gional director of the Canadian-based aid her offer. It is the right thing to do. be launched in anger? agency Human Concern International, in Pe- The fact is that in the two decades According to those in the government shawar in northwestern Pakistan on Dec. 3. Ms. Elsamna said her husband was de- since India’s first nuclear weapons test, charged with keeping an American eagle on this problem, the answer, sadly, is yes. Not tained by the police a day after returning Pakistan has initiated at least eight so very likely between the U.S. and Russia, from Afghanistan. proposals to reduce or eliminate the they say—thank goodness!—nor between the threat of nuclear weapons in that re- U.S. and China. And while the two Koreas re- [From the Philadelphia Inquirer, Dec. 14, gion. Most recently, it proposed the main locked in a standoff of highly hostile 1995] creation of a missile-free zone in all of intent, the South has no nuclear capability. WORLD IN BRIEF—PAKISTAN ACCUSES THE South Asia. Each time, India has re- A nuclear war between India and Pakistan UNITED STATES OF MEDDLING OVER KILLINGS sisted these proposals. is the most likely scenario. Partitioned from ISLAMABAD, PAKISTAN.—Pakistan accused Mr. President, I had a chart prepared former British colonial territory, the two na- the U.S. government yesterday of meddling tions are divided by religion and already in its affairs after Washington expressed con- which is the Pakistani proposals that have fought three wars over territory. cern over a sharp rise in killings of people they have provided, that they have pro- The Bush administration went so far as to detained by security forces. duced over the years, trying to seek an say in private that it believed the 1990 Indo- State Department spokesman Nicholas accommodation, trying to keep nuclear Pakistani dispute over the province of Kash- Burns said Monday that the Clinton adminis- weapons from being produced in their mir might have gone nuclear had shooting tration ‘‘deplores the senseless murder of area. I might just briefly go through started in that crisis. family members of government and political those. That’s why reports from the U.S. intel- leaders’’ in Karachi, Pakistan’s violence- plagued largest city. His comments followed First, to establish a nuclear weapons ligence community that India is preparing for another nuclear test, its first in 21 years, the shooting deaths of Nasir Hussain, 62, and free-zone in South Asia, proposed in are worrisome. Why would India want to Arif Hussain, 28, the brother and nephew of 1974; second, to issue a joint Indo-Paki- throw a match into this tinderbox? Altaf Hussain, the opposition leader blamed stan declaration renouncing the acqui- The government of India denies American for leading an ethnic war against the Kara- sition and manufacture of nuclear accusations, that it is about to conduct a nu- chi authorities. weapons, proposed in 1978; to have mu- clear operation at its Pokaran test site in A Pakistani human-rights official, Iqbal tual inspections by India and Pakistan the Rajasthan desert. But American experts Haider, sharply criticized the State Depart- say that two motivations may be driving ment yesterday, saying its statement was of nuclear facilities, proposed in 1979; ‘‘uncalled for and a clear interference in for simultaneous adherence to NPT by India to a new round of testing. First, the sitting government has been Pakistan’s internal affairs.’’ He accused India and Pakistan, proposed in 1979; to stung by weak electoral showings and can Washington of ignoring the deaths of law-en- endorse a simultaneous acceptance of read public opinion that favors a strong de- forcement officers, nearly 200 of whom have full-scope international atomic energy fense, including nuclear arms. been killed in Karachi in the last six months agency safeguards, proposed in 1979; for And second, India wants to publicly defy as a result of the ethnic violence. agreement on a bilateral or regional the will of the major nuclear powers, which Mr. HARKIN. Again, Mr. President, nuclear test ban treaty, proposed in are urging treaties that would forever bar it is time to reduce the tensions in that 1987; to commence a multilateral con- new states from seeking nuclear defenses. area. The best way to do that is to use India derides such a system of dividing the our good offices, the administration, ference on the question of nuclear pro- world into ‘‘bomb haves’’ and ‘‘bomb have- liferation in South Asia, proposed in nots’’ as ‘‘nuclear apartheid.’’ and also to let our voices be heard so 1991; and to create a missile-free zone Why should the world care if India and that our friends in India—and I say in all of South Asia, proposed in 1993. Pakistan continue to go nuclear? There are that forthrightly; India is not an These are the steps that Pakistan has reasons of the heart and of the mind. enemy of ours. They are a friend of proposed over the years to reduce the Between them, India and Pakistan are ours. We have relations with India. But level of tensions, to stop the produc- home to a full one-fifth of the world’s popu- they have to understand the gravity of tion of nuclear weapons in that area. lation, and even a nuclear exchange ‘‘lim- this situation. They have to under- Each time that they have proposed ited’’ to a few warheads would present a hu- stand that if they would clearly state manitarian and ecological disaster of near- this, India has resisted these proposals. biblical proportions. that they will not conduct nuclear Mr. President, since the end of the And to be coldly realistic, nobody knows testing, how much further that would cold war, solving nuclear tensions in what would happen once the nuclear tobaoo advance the cause of peace and reduce the Indian subcontinent has been a was broken, but the liberating effects—and the tensions in that area.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S490 CONGRESSIONAL RECORD — SENATE January 26, 1996 Perhaps then we can get about bring- The two companies will also be years be- ‘‘A lot of people are asking whether MCI ing both India and Pakistan together, hind several rivals, all of which either can or can afford to do this, but my answer is, can to stall the problems that we have in will beam more than 150 channels of tele- they afford not to do it?’’ Mr. Roddy said. vision to relatively small antennas. MEDICARE REIMBURSEMENT FOR TAMOXIFEN Kashmir, where thousands of innocent ‘‘I’m scratching my head, trying to figure people are losing their lives. It need out where they are going,’’ said Daniel P. Mr. HATCH. Mr. President, each year not be that way. We can solve these Reingold, a telecommunications analyst in this country approximately 180,000 problems. But India must first re- with Merrill Lynch. women are diagnosed as having breast nounce the use of nuclear weapons and DirectTV, a subsidiary of General Motors’ cancer, a terrible disease that will must first state very clearly that they Hughes Electronics, has signed up 1.2 million claim nearly 50,000 lives. But, nearly subscribers who receive service over anten- are not going to conduct nuclear test- 2.6 million women are breast cancer nas about 18 inches in diameter. And its pace survivors, in part because of the avail- ing. is likely to speed up because the AT&T Cor- With that out of the road, and I be- poration bought a small stake in the com- ability of Tamoxifen citrate, a widely lieve the pathway would be clear for pany this week and plans to start marketing used post-operative drug for this dis- this administration and for other gov- its service through the AT&T sales force. ease. ernments to get India and Pakistan to- Echostar Communications of Englewood, My colleagues may not be aware that gether to solve the outstanding prob- Colo., which lost out to MCI in today’s auc- a low-cost version of Tamoxifen is lems that continue to engulf the entire tion, already owns another direct-broadcast available on the market today. As a re- license and has launched its first satellite. It sult, the estimated 800,000 women who area. hopes to beam about 75 channels of tele- f vision in March and to double that capacity take two tablets per day of this lower with a second satellite by the end of the cost medicine are saving a total of $81 MORNING BUSINESS year. million a year. Mr. DOLE. Mr. President, I ask unan- And Primestar Partners, a consortium It has not been widely publicized, but imous consent that there now be a pe- owned by several of the country’s biggest during consideration of the Balanced riod for the transaction of routine cable television companies, is marketing a Budget Act, a provision was included in morning business with Senators per- similar service that customers receive on the now-vetoed conference report to bulkier three-foot-wide satellite dishes. mitted to speak for up to 5 minutes Today, however, Mr. Roberts and Mr. amend the Medicare Program to in- each. Murdoch radiated confidence and said they clude reimbursement for Tamoxifen. In The PRESIDING OFFICER. Without had much more in mind than simply emu- an effort to lessen the cost of this ex- objection, it is so ordered. lating traditional cable television. Mr. Rob- pansion of Medicare reimbursement, a f erts described beaming things like medical rebate was included to reduce the cost images between hospitals, video training ma- of the drug to the Federal Government AUCTION OF SATELLITE SLOT terials for corporations and high-speed data when covered as part of Medicare. BRINGS IN MILLIONS FOR AMER- links to connect far-flung offices of a com- Unfortunately, I believe my col- ICAN TAXPAYERS pany. Winning this license will allow MCI and leagues were unaware of the negative Mr. DOLE. Mr. President, I ask unan- the News Corporation to embark on the first effects of this rebate provision when it imous consent that today’s New York tangible project of the alliance they formed was passed as part of the budget bill. times article entitled, ‘‘News Corp. and nearly a year ago, in which MCI paid $2 bil- One notable drawback is that the pro- MCI Win Satellite Slot’’ be printed in lion for a 13.5 percent stake in News Corpora- vision would have set the very undesir- tion. the RECORD. The sale of this national able precedent of establishing a Medi- resource is a windfall for American As the nation’s second-largest long-dis- tance carrier, MCI has been struggling to care rebate. Such a rebate would be un- taxpayers. Many thought it would only move beyond its traditional business and wise policy for a number of reasons, bring in $20 million to $100 million. But match moves made by both AT&T and the but that is not the focus of my remarks the experts were wrong. It brought in a Sprint Corporation. here today. whopping $682.5 million. Senator Sprint, meanwhile, has teamed up with More importantly, as a result of this MCCAIN and Senator BROWN deserve four of the country’s biggest cable companies new and unprecedented Medicare re- in a bid to offer a full range of telephone, recognition, and our thanks, for push- bate, the provider of the low-cost alter- ing through the legislation that made cable television and wireless communication services. native of Tamoxifen would no longer be this auction possible. The new satellite license will allow the two able to make this product available in There being no objection, the article companies to beam more than 200 channels the domestic market. That is because was ordered to be printed in the of television programming over direct-broad- the rebate, combined with the terms of RECORD, as follows: cast satellites, high-powered satellites whose a contract negotiated between the [From the New York Times, Jan. 26, 1995] signals can be received by pizza-sized 18-inch lower cost provider and the drug inno- NEWS CORP. AND MCI WIN SATELLITE SLOT dishes in individual homes. Under the new joint venture, MCI said it vator, would cause the lower cost pro- BID OF $682 MILLION TO BEAM TV TO HOMES would take lead responsibility for developing vider to lose money on each bottle of (By Edmund L. Andrews) business communication services and the Tamoxifen sold. WASHINGTON, January 25.—After a brief but News Corporation would take the lead on Ironically, for Medicare beneficiaries spirited bidding war, MIC Communications consumer services. Mr. Murdoch said the and other consumers, the result of and Rupert Murdoch’s News Corporation consumer business would focus primarily on what I believe was a well-intentioned agreed today to pay the Federal Government competing with traditional cable television amendment could only be higher prices $682 million for the last unclaimed orbital operators. slot for a satellite that can beam television Mr. Murdoch has already been both shrewd for this life-saving breast cancer ther- straight to individual homes across the and highly successful in the satellite tele- apy. Such a result would indeed be United States. vision business overseas. In Europe, the tragic, and I hope that my colleagues The two companies, which have formed a News Corporation owns a 40 percent in B Sky will give this a second thought as fu- joint venture to build and operate the sys- B, a service that now has five million sub- ture Medicare bills are developed. tem, said they planned to invest another $1 scribers. And in Asia, the News Corporation f billion and hoped to begin offering both tele- owns Star TV, which beams television and vision and a broad range of business commu- radio over Japan, Korea, China and India. MESSAGES FROM THE PRESIDENT nication services within two years. MCI, despite its difficulties in branching Messages from the President of the ‘‘We are talking about much, much more beyond the long-distance market, has never- than higher quality television,’’ said Bert C. theless repeatedly shown itself a master of United States were communicated to Roberts, the chairman and chief executive of marketing prowess that has generally out- the Senate by Mr. Thomas, one of his MCI, in a satellite-linked news conference paced both AT&T and Sprint in the long-dis- secretaries. with Mr. Murdoch. tance arena. EXECUTIVE MESSAGES REFERRED But some analysts remain skeptical about David Roddy, a communications analysts As in executive session the Presiding the idea. MCI and the News Corporation paid with Deloitte & Touche Consulting Group, Officer laid before the Senate messages top dollar for the license, more than twice said MCI had particular need for obtaining that Tele-Communications Inc. of Denver the last unclaimed satellite spot for direct- from the President of the United was willing to pay when it dropped out of the broadcast television because it had no other States submitting sundry nominations Federal Communications Commission’s auc- way of distributing entertainment and other which were referred to the appropriate tion on Wednesday. forms of media. committees.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S491 (The nominations received today are By Mr. PRESSLER, from the Committee S. 1040. A bill to authorize the Secretary of printed at the end of the Senate pro- on Commerce, Science, and Transportation, Transportation to issue a certificate of docu- ceedings.) without amendment: mentation with appropriate endorsement for S. 583. A bill to authorize the Secretary of employment in the coastwise trade for the f Transportation to issue a certificate of docu- vessel Onrust (Rept. No. 104–223). mentation and coastwise trade endorsement MESSAGES FROM THE HOUSE S. 1041. A bill to authorize the Secretary of for two vessels (Rept. No. 104–206). Transportation to issue a certificate of docu- At 12:02 p.m., a message from the S. 653. A bill to authorize the Secretary of mentation with appropriate endorsement for House of Representatives, delivered by Transportation to issue a certificate of docu- employment in the coastwise trade for the Mr. Hays, one of its reading clerks, an- mentation with appropriate endorsement for vessel Explorer (Rept. No. 104–224). employment in the coastwise trade for the nounced that the House has passed the S. 1046. A bill to authorize the Secretary of vessel Aura (Rept. No. 104–207). Transportation to issue certificates of docu- following bill, in which it requests the S. 654. A bill to authorize the Secretary of mentation with appropriate endorsements concurrence of the Senate: Transportation to issue a certificate of docu- for employment in the coastwise trade of the H.R. 2880. An Act making appropriations mentation with appropriate endorsement for United States for fourteen former U.S. Army for fiscal year 1996 to make a downpayment employment in the coastwise trade for the hovercraft (Rept. No. 104–225). towards a balanced budget, and for other vessel Sunrise (Rept. No. 104–208). S. 1047. A bill to authorize the Secretary of purposes. S. 655. A bill to authorize the Secretary of Transportation to issue certificates of docu- Transportation to issue a certificate of docu- mentation and coastwise trade endorsements The message also announced that the mentation with appropriate endorsement for House agrees to the amendments of the for the vessels Enchanted Isles and Enchanted employment in the coastwise trade for the Seas (Rept. No. 104–226). Senate to the bill (H.R. 2353) to amend vessel Marantha (Rept. No. 104–209). By Mr. MCCAIN, from the Committee on S. 656. A bill to authorize the Secretary of title 38, United States Code, to extend Indian Affairs, with an amendment in the Transportation to issue a certificate of docu- certain expiring authorities of the De- nature of a substitute: mentation with appropriate endorsement for partment of Veterans Affairs relating S. 814. A bill to provide for the reorganiza- employment in the coastwise trade for the tion of the Bureau of Indian Affairs, and for to delivery of health and medical care, vessel Quietly (Rept. No. 104–210). and for other purposes, with amend- S. 680. A bill to authorize the Secretary of other purposes (Rept. No. 104–227). ments, in which in requests the concur- Transportation to issue a certificate of docu- f rence of the Senate. mentation and coastwise trade endorsement EXECUTIVE REPORTS OF ENROLLED BILLS SIGNED for the vessel Yes Dear (Rept. No. 104–211). S. 739. A bill to authorize the Secretary of COMMITTEES At 1:28 p.m., a message from the Transportation to issue a certificate of docu- The following executive reports of House of Representatives, delivered by mentation with appropriate endorsement for committees were submitted: Ms. Goetz, one of its reading clerks, an- employment in the coastwise trade for the By Mr. THURMOND, from the Committee nounced that the Speaker pro tempore vessel Sisu, and for other purposes (Rept. No. on Armed Services: (Mr. GOSS) has signed the following en- 104–212). rolled bill: S. 763. A bill to authorize the Secretary of DEPARTMENT OF DEFENSE Transportation to issue a certificate of docu- NOMINEE AND OFFICE: H. MARTIN LANCASTER, OF S. 1341. An act to provide for the transfer mentation and coastwise trade endorsement NORTH CAROLINA, TO BE AN ASSISTANT SECRETARY OF of certain lands to the Salt River Pima-Mar- for the vessel Evening Star, and for other pur- THE ARMY, VICE NANCY PATRICIA DORN, RESIGNED. icopa Indian Community and the city of poses (Rept. No. 104–213). DEPARTMENT OF DEFENSE Scottsdale, Arizona, and for other purposes. S. 802. A bill to authorize the Secretary of THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT The enrolled bill was subsequently Transportation to issue a certificate of docu- AS VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND mentation and coastwise trade endorsement REAPPOINTMENT TO THE GRADE OF GENERAL UNDER signed by the President pro tempore THE PROVISIONS OF TITLE 10, UNITED STATES CODE, (Mr. THURMOND). for the vessel Royal Affaire (Rept. No. 104– SECTION 154: 214). To be general At 7 p.m., a message from the House S. 808. A bill to extend the deadline for the conversion of the vessel M/V Twin Drill, and GEN. JOSEPH W. RALSTON, 000–00–0000, U.S. AIR FORCE of Representatives, delivered by Ms. for other purposes (Rept. No. 104–215). IN THE AIR FORCE Goetz, one of its reading clerks, an- S. 826. A bill to authorize the Secretary of THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT nounced that the Speaker pro tempore Transportation to issue a certificate of docu- TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- (Mr. GOSS) has signed the following en- mentation with appropriate endorsement for TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10, rolled bill: employment in the coastwise trade for the UNITED STATES CODE, SECTION 1370: vessel Prime Time, and for other purposes To be Lieutenant general H.R. 2280. An Act making appropriations (Rept. No. 104–216). for fiscal year 1996 to make a downpayment LT. GEN. MARCUS A. ANDERSON, 000–00–0000. U.S. AIR S. 869. A bill to authorize the Secretary of FORCE towards a balanced budget, and for other Transportation to issue a certificate of docu- purposes. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT mentation with appropriate endorsement for IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- The enrolled bill was subsequently employment in the coastwise trade for the DICATED, UNDER THE PROVISIONS OF TITLE 10, UNITED signed by the President pro tempore vessel Dragonessa, and for other purposes STATES CODE, SECTIONS 8373, 8374, 12201 AND 12212: (Mr. Thurmond). (Rept. No. 104–217). To be major general S. 889. A bill to authorize the Secretary of BRIG. GEN. WILLIAM A. HENDERSON, 000–00–0000, AIR NA- f Transportation to issue a certificate of docu- TIONAL GUARD mentation with appropriate endorsement for BRIG. GEN. TIMOTHY J. LOWENBERG, 000–00–0000, AIR NA- ENROLLED BILL PRESENTED TIONAL GUARD employment in the coastwise trade for the BRIG. GEN. MELVYN S. MONTANO, 000–00–0000, AIR NA- The Secretary of the Senate reported vessel Wolf Gang II, and for other for other TIONAL GUARD BRIG. GEN. GUY S. TALLENT, 000–00–0000, AIR NATIONAL that on January 25, 1996 he had pre- purposes (Rept. No. 104–218). GUARD sented to the President of the United S. 911. A bill to authorize the Secretary to BRIG. GEN. LARRY R. WARREN, 000–00–0000, AIR NATIONAL States, the following enrolled bill: issue a certificate of documentation with ap- GUARD propriate endorsement for employment in To be brigadier general S. 1341. An act to provide for the transfer the coastwise trade of the United States for of certain lands to the Salt River Pima-Mar- COL. JAMES H. BAKER, 000–00–0000, AIR NATIONAL GUARD the vessel Sea Mistress (Rept. No. 104–219). COL. JAMES H. BASSHAM, 000–00–0000, AIR NATIONAL icopa Indian Community and the city of S. 975. A bill to authorize the Secretary of GUARD Scottsdale, Arizona, and for other purposes. Transportation to issue a certificate of docu- COL. PAUL D. KNOX, 000–00–0000, AIR NATIONAL GUARD COL. CARL A. LORENZEN, 000–00–0000, AIR NATIONAL f mentation with appropriate endorsement for GUARD employment in the coastwise trade for the COL. TERRY A. MAYNARD, 000–00–0000, AIR NATIONAL REPORTS OF COMMITTEES vessel Jajo, and for other purposes (Rept. No. GUARD 104–220). COL. FRED L. MORTON, 000–00–0000, AIR NATIONAL GUARD The following reports of committees COL. LORAN C. SCHNAIDT, 000–00–0000, AIR NATIONAL S. 1016. A bill to authorize the Secretary of GUARD were submitted: Transportation to issue a certificate of docu- COL. BRUCE F. TUXILL, 000–00–0000, AIR NATIONAL GUARD By Mr. CHAFEE, from the Committee on mentation with the appropriate endorsement IN THE NAVY Environment and Public Works, without for employment in the coastwise trade for THE FOLLOWING-NAMED OFFICER FOR REAPPOINT- amendment: the vessel Magic Carpet (Rept. No. 104–221). MENT TO THE GRADE OF ADMIRAL IN THE U.S. NAVY S. 1406. A bill to authorize the Secretary of S. 1017. A bill to authorize the Secretary of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND the Army to convey to the city of Eufaula, Transportation to issue a certificate of docu- RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, Oklahoma, a parcel of land located at the mentation with the appropriate endorsement SECTION 601: Eufaula Lake project, and for other purposes for employment in the coastwise trade for To be admiral (Rept. No. 104–205). the vessel Chrissy (Rept. No. 104–222). ADM. JOSEPH W. PRUEHER, 000–00–0000

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00101 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S492 CONGRESSIONAL RECORD — SENATE January 26, 1996 THE FOLLOWING-NAMED OFFICER TO BE PLACED ON (list begins with William C. Alford). (Ref- ment of excess benefit arrangements of cer- THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- DICATED UNDER SECTION 1370 OF TITLE 10, UNITED erence No. 752.) tain tax-exempt group medical practices, STATES CODE: In the Air Force there are 12 appointments and for other purposes; to the Committee on To be vice admiral to the grade of colonel and below (list begins Finance. with Rogelio F. Golle). (Reference No. 753.) By Mrs. HUTCHISON: VICE ADM. RICHARD C. ALLEN, 000–00–0000 In the Army Reserve there are 11 pro- S. 1539. A bill to establish the Los Caminos THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT motions to the grade of lieutenant colonel del Rio National Heritage Area along the TO THE GRADE OF VICE ADMIRAL IN THE U.S. NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (list begins with William Hayes-Regan). (Ref- Lower Rio Grande Texas-Mexico border, and RESPONSIBILITY UNDER TITLE 10 UNITED STATES CODE, erence No. 787.) for other purposes; to the Committee on En- SECTION 601: In the Army Reserve there are 38 pro- ergy and Natural Resources. To be vice admiral motions to the grade of colonel and below By Mr. HATCH: (list begins with Michael C. Appe). (Ref- REAR ADM. JOHN J. MAZACH, 000–00–0000 S. 1540. A bill to amend chapter 14 of title erence No. 788.) 35, United States Code, to preserve the full THE FOLLOWING-NAMED OFFICER TO BE PLACED ON In the Air Force Reserve there are 98 pro- THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- term of patents; to the Committee on the Ju- DICATED UNDER SECTION 1370 OF TITLE 10, UNITED motions to the grade of colonel (list begins diciary. STATES CODE: with Dwayne A. Alons). (Reference No. 789.) By Mr. LUGAR (for himself, Mr. DOLE, To be admiral Total: 6,469. Mr. HELMS, Mr. COCHRAN, Mr. CRAIG, ADM. WILLIAM A. OWENS, 000–00–0000 f Mr. GRASSLEY, Mr. PRESSLER, and Mr. COVERDELL): (The above nominations were re- INTRODUCTION OF BILLS AND S. 1541. A bill to extend, reform, and im- ported with the recommendation that JOINT RESOLUTIONS prove agricultural commodity, trade, con- they be confirmed, subject to the nomi- The following bills and joint resolu- servation, and other programs, and for other nees’ commitment to respond to re- tions were introduced, read the first purposes; read the first time. quests to appear and testify before any and second time by unanimous con- By Mr. ABRAHAM (for himself and Mr. LIEBERMAN): duly constituted committee of the Sen- sent, and referred as indicated: ate.) S. 1542. A bill to amend the Internal Rev- By Mr. DEWINE (for himself and Mr. enue Code of 1986 to provide for the expens- Mr. THURMOND. Mr. President, for GLENN): ing of environmental remediation costs in the Committee on Armed Services, I S. 1529. A bill to provide for the Federal empowerment zones and enterprise commu- report favorably 17 nomination lists in treatment of certain relocating National nities; to the Committee on Finance. the Air Force and Army, which were Football League franchises, and for other By Mr. KERREY: printed in full in the RECORDS of Sep- purposes; to the Committee on Finance. S. 1543. A bill to clarify the treatment of tember 19, 1995, November 28, 1995, De- By Mr. BUMPERS: Nebraska impact aid payments; considered cember 4, 1995, and December 18, 1995, S. 1530. A bill to create a government cor- and passed. poration to own and operate the Naval Pe- and ask unanimous consent, to save By Mr. DORGAN (for himself and Mr. troleum Reserves and Naval Oil Shale Re- CONRAD): the expense of reprinting on the Execu- serves, and for other purposes; to the Com- S. 1544. A bill to authorize the conveyance tive Calendar, that these nominations mittee on Armed Services. of the William Langer Jewel Bearing Plant lie at the Secretary’s desk for the in- By Mr. MCCAIN: to the Job Development Authority of the formation of Senators. S. 1531. A bill to reimburse States and City of Rolla, North Dakota; considered and The PRESIDING OFFICER. Without their political subdivisions for emergency passed. objection, it is so ordered. medical assistance provided to illegal aliens By Mr. SPECTER (for himself and Mr. (The nominations ordered to lie on under their custody as a result of Federal ac- HOLLINGS): tion; to the Committee on the Judiciary. S.J. Res. 48. A joint resolution proposing the Secretary’s desk were printed in By Mr. SIMON: an amendment to the Constitution of the the RECORDS of September 19, and No- S. 1532. A bill to provide for the continuing United States relating to contributions and vember 28, December 4, and 18, 1995, at operation of the Office of Federal Investiga- expenditures intended to affect elections; to the end of the Senate proceedings.) tions of the Office of Personnel Management, the Committee on the Judiciary. In the Army there are 1,655 promotions to and for other purposes; to the Committee on f the grade of major (list begins with David L. Governmental Affairs. Abbott). (Reference No. 646.) By Mr. MCCAIN: SUBMISSION OF CONCURRENT AND In the Air Force there are 30 appointments S. 1533. A bill to provide an opportunity for SENATE RESOLUTIONS to the grade of second lieutenant (list begins community renewal and economic growth in with Todd D. Bergman). (Reference No. 733.) empowerment zones and enterprise commu- The following concurrent resolutions In the Air Force Reserve there are 2 ap- nities, and for other purposes; to the Com- and Senate resolutions were read, and pointments to the grade of lieutenant colo- mittee on Finance. referred (or acted upon), as indicated: nel (list begins with Ruth T. Lim). (Ref- By Mr. HATFIELD (for himself and Mr. By Mr. DASCHLE: erence No. 734.) KENNEDY): S. Res. 213. A resolution commending Sen- In the Army there is 1 promotion to the S. 1534. A bill to amend the Public Health ator Sam Nunn for casting 10,000 votes; con- grade of lieutenant colonel (Nelson L. Mi- Service Act to provide additional support for sidered and agreed to. chael). (Reference No. 735.) and to expand clinical research programs, By Mr. BROWN: In the Army there are 14 promotions to the and for other purposes; to the Committee on S. Res. 214. A resolution to express the grade of colonel (list begins with Robert L. Labor and Human Resources. Sense of the Senate concerning the payment Ackley). (Reference No. 736.) By Mr. ABRAHAM: of social security obligations; to the Com- In the Army Reserve there is 1 appoint- S. 1535. A bill to strengthen enforcement of mittee on Finance. ment to the grade of lieutenant colonel (Paul the immigration laws of the United States, By Mr. LAUTENBERG (for himself, A. Ostergaard). (Reference No. 737.) and for other purposes; to the Committee on Mr. BRADLEY, and Mr. MOYNIHAN): In the Army there are 41 promotions to the the Judiciary. S. Res. 215. A resolution to designate June grade of lieutenant colonel (list begins with By Mr. THOMPSON: 19, 1996, as ‘‘National Baseball Day’’; to the Charles W. Baccus). (Reference No. 738.) S. 1536. A bill to amend title 18, United Committee on the Judiciary. In the Army there are 30 promotions to the States Code, to permit Federal firearms li- By Ms. SNOWE (for herself and Mr. grade of major (list begins with Mark E. censees to conduct firearms business with COHEN): Benz). (Reference No. 739.) other such licensees at out-of-State gun S. Res. 216. A resolution to express the In the Army there are 106 appointments to shows; to the Committee on the Judiciary. sense of the Senate that if a $1 coin is mint- the grade of colonel and below (list begins By Mr. ROBB (for himself, Mr. ed to replace the $1 bill, the Secretary of the with Vincent B. Bogan). (Reference No. 740.) DASCHLE, and Mr. SIMPSON): Treasury should be authorized to mint and In the Air Force there are 3.099 appoint- S. 1537. A bill to require the Administrator circulate $1 coins bearing the likeness of ments to the grade of captain (list begins of the Environmental Protection Agency to Margaret Chase Smith; to the Committee on with James P. Aaron). (Reference No. 741.) issue a regulation that consolidates all envi- Banking, Housing, and Urban Affairs. In the Army there are 363 promotions to ronmental laws and health and safety laws f the grade of colonel (list begins with Alvin applicable to the construction, maintenance, D. Aaron). (Reference No. 742.) and operation of above-ground storage tanks, STATEMENTS ON INTRODUCED In the Air Force there are 928 appoint- and for other purposes; to the Committee on BILLS AND JOINT RESOLUTIONS ments to the grade of second lieutenant (list Environment and Public Works. begins with Carlos L. Acevedo). (Reference By Mr. GLENN (for himself and Mr. By Mr. DEWINE (for himself and No. 743.) GORTON): Mr. GLENN): In the Air Force Reserve there are 23 pro- S. 1538. A bill to amend the Internal Rev- S. 1529 A bill to provide for the Fed- motions to the grade of lieutenant colonel enue Code of 1986 to provide for the treat- eral treatment of certain relocation

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S493 National Football League franchises, made. The local community will offer If all five of these criteria apply, then and for other purposes; to the Com- financial incentives, will support the our bill provides as follows: No expend- mittee on Finance. team, and in return the owner agrees iture of Federal funds including grants, THE TEAM RELOCATION TAXPAYERS PROTECTION to stay in that community during the awards, loans, guarantees, tax credits, ACT OF 1996 term of the lease. It is fairly simple. exemptions, allowances or any use of Mr. DEWINE. Mr. President, I rise Unfortunately, however, some fran- Federal tax-exempt financing may be today to introduce, along with my dis- chises are breaking their part of the used to benefit the franchise seeking to tinguished colleague from Ohio, Sen- deal by seeking to relocate before the relocate. ator JOHN GLENN, legislation that will term of the deal has expired, before the In short, Mr. President, if you own a get U.S. taxpayers out of the business lease is over. football team and you want to break of subsidizing NFL franchise moves. That is why I am introducing legisla- your lease and the local community It is clear by now that these fran- tion that will get the Federal taxpayer has done everything it can to support chise moves have a very substantial out of the business of subsidizing this the team, you can do it; Congress will impact not only on communities, on particular kind of relocation. The en- not stop you, not under this bill, but— the economy, but also, frankly, on the actment of this bill will result, frank- but—the Federal taxpayers will not future of professional sports. ly, in less Government involvement in help you do it. They will not encourage Mr. President, I have already on this professional sports, not more. Under you with a subsidy to do it. The Fed- floor in days past addressed at length the current system, when a city or eral taxpayers will not subsidize your the question of the proposed move of State wants to raise funds to build a breach of faith. That is the message the Cleveland Browns to Baltimore. I stadium and thereby secure a profes- that the bill will send to NFL owners. believe, as do many Ohioans—indeed, sional team, it authorizes a govern- If you want to go build your own sta- as do many Americans—that this move mental entity such as a stadium au- dium, you can do that, too, but the is simply wrong. I have discussed on thority to issue bonds. In other words, Federal taxpayers will not help you do this floor the great tradition of the to sell the debt to anyone who wants to it. If you want to rely only on State, Browns, the love the people of Cleve- buy the debt. The stadium authority local dollars, not Federal dollars, you land and the people of Ohio have for can then use the proceeds to build the can do that, too, but Federal taxpayers the Browns. stadium and the people who have in- simply will not help you do it. If you Candidly, whether you care about the vested pay no tax on the interest they want to break a deal in the community Browns or do not, whether you are a earn—tax-free bonds. The tax exemp- and the community you are leaving has sports fan or not a sports fan, you and tion allows the stadium authority to done everything it can to keep its part every taxpayer are paying for this pay lower interest rates and thus keep of the bargain, then the Federal tax- move—every taxpayer in the entire more money for itself. They can build payer will not get involved. country. Whether you live in Cleve- the stadium at less of a cost—in this Mr. President, it is important to dis- land, OH, or Los Angeles, CA, the Fed- particular case in Baltimore it is $36 cuss this issue in the context of every- eral Government is reaching into your million less cost. That is the difference thing else that is occurring today and pocket to pay for this move. I believe between issuing the bonds, building the this past year in Washington. In the the taxpayers will be shocked to know stadium with taxable bonds versus Senate, we have been consumed with this, and they should be. The sports fan building that stadium with nontaxable decisions on Federal spending. How can who have followed all the back and bonds. we slow the rate of growth of spending? forth of this move, very few of them Mr. President, because the bond- What Federal budget should we pass? are aware today as I speak from the holder does not pay Federal tax on in- How can we balance the Federal budg- Senate floor that the Federal Govern- terest, the interest amounts to a Fed- et? We are making very tough deci- ment, is subsidizing this purported eral subsidy for stadium authority sions on health care for poor people, move by $36 million—$36 million of tax- bondholders. For example, in the case welfare reform, Medicare, Medicaid, payers’ money. of the Browns move, this subsidy is the education of our youth. That provides the occasion and the worth, as I have stated, $36 million to I do not need to tell anyone in this rational and the public policy reason the Browns. Chamber that these are very difficult for the legislation Senator GLENN and I The legislation that Senator GLENN decisions, but here is an easy decision. are introducing today. Quite frankly, I and I are introducing today will pro- As I stated earlier, in just this case, can see no moral justification for tax- hibit the use of these Federal subsidies the case of the Browns purported move payers, for the people of Cleveland or in bond deals associated with the relo- to Baltimore, it is estimated that the anywhere else to reward a sports team cation of an NFL team, when that Federal tax subsidy is $36 million. That with public money to assist that team team breaks an existing deal with the is over and above any local taxpayer in breaking its word and deserting the community that has supported the subsidy—$36 million of Federal tax community. I believe that to do this is team. In short, new Federal subsidies money, $36 million that will benefit unconscionable and is simply wrong. under this bill cannot be used to help a one professional sports franchise. Let me put it in real terms. To force team violate an existing commitment The American people want to know a family in Parma, OH, or Euclid, or in where that commitment includes pub- what we mean by corporate welfare. Cleveland, or in Columbus, OH, to take lic money. This, Mr. President, is corporate wel- there tax dollars, to send them to The bill’s criteria are straight- fare. This is what we mean. Paying the Washington and to have Washington forward. There are five separate cri- Browns $36 million of Federal money turn around and subsidize Baltimore, teria and each one of these has to be is, simply, morally wrong. MD, to steal the team from the Browns met before our bill applies: First, if the For me, the question is, under our se- and to do it with $36 million in Federal franchise is currently in a public facil- rious budget constraints, what in the taxpayers’ money makes absolutely no ity; second, if the proposed relocation world justifies taking $36 million from sense. I believe that we must stop the will be to a new public facility; third, if taxpayers, including the ones in Cleve- insanity. We must act to get the Gov- fan support in the current location, the land whose trust with the Browns has ernment out of this subsidy business. current team’s local area—in this case, been broken, to pay for this move? Ab- Mr. President, today, more and more Cleveland—has been at least 75 percent solutely nothing justifies it. public money is being used to support of stadium capacity in the preceding Mr. President, I have spoken at professional football franchises. Com- season; fourth, if the current lease with length regarding the impact of sports munities are making significant public the public entity has not expired—in franchise relocation on the commu- investments to lure and keep NFL other words, they are breaking the nities that love their teams. I have teams in there area. In each one of lease; and fifth, if asked, voters in the mentioned the pride that the people of these cases, in return for the public in- current jurisdiction have approved the Cleveland, the people of all of Ohio vestment, teams are agreeing to stay use of further tax dollars to improve have in the Browns. I have discussed in the community for a specifically de- the current facility or to build a new the unbroken bonds of affection that fined period of time. There is a deal one. stretch from the days after the Second

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S494 CONGRESSIONAL RECORD — SENATE January 26, 1996 World War, when the Browns started money on than corporate greed, you trust exemption from revenue sharing playing in Cleveland, to today’s fans should support this bill. for television. I believe those sports are who, frankly, still cannot believe that Mr. President, I ask unanimous con- under an obligation to work out the the Browns are trying to leave town. I sent that the full text of this bill, the rules so that the teams do not get will not replow that field here except Dawgs bill, the Team Relocation Tax- themselves pirated from one city to an- to say simply this: Loyalty counts. payer Protection Act, be printed in the other. Loyalty is not transferable. RECORD. Mr. President, I ask unanimous con- The Cleveland story is very impor- Mr. SPECTER. Mr. President, before sent that the text of the bill be printed proceeding to the purpose for which I tant precisely because the Browns are in the RECORD. the heart and soul of Cleveland and be- have sought recognition, I would like cause the people of Cleveland have to express my support for the propo- There being no objection, the bill was done all they can to save the Browns. sition outlined by the distinguished ordered to be printed in the RECORD, as The Cleveland situation is, Mr. Presi- Senator from Ohio. I believe that Balti- follows: dent, the worst-case scenario. If the more ought to have a football team, S. 1529 and that is the Colts. I think that Indi- Browns can leave Cleveland, any team Be it enacted by the Senate and House of Rep- can leave any town any time. anapolis is entitled to an expansion resentatives of the United States of America in This was an ad that was paid for by team. Congress assembled, Browns fans that appeared in USA I believe that Senator DEWINE has Today. I think it pretty much summa- articulated the issue cogently and SECTION 1. SHORT TITLE. rizes the situation. If this can happen forcefully on a travesty which is being This Act may be cited as the ‘‘Team Relo- in Cleveland, Mr. President, this can perpetrated on many American cities cation Taxpayer Protection Act of 1996’’. happen to any team, to any sports fans and on many American taxpayers. SEC. 2. TREATMENT OF RELOCATING NATIONAL in the country. There is really a situation where sports FOOTBALL LEAGUE FRANCHISES. Mr. President, I ask unanimous con- teams are entrusted with a public in- (a) EFFECT ON INTERSTATE COMMERCE.— sent for an additional 4 minutes. terest. (1) FINDINGS.—The Congress finds that the The PRESIDING OFFICER. Without The movement of the Dodgers from conduct of a National Football League fran- objection, it is so ordered. Brooklyn to Los Angeles was the start chise occurs in interstate commerce and has Mr. DEWINE. Mr. President, in the of pirating in America of sports fran- a substantial effect on interstate commerce last several weeks we have seen much chises and should never have been al- and that when the facts and circumstances activity surrounding the Browns’ move described in subsection (c)(1) are combined, lowed, accompanied by the movement there arises substantial potential for harm- to Baltimore. The State of Maryland of the Giants from New York to San ful effects on interstate commerce. has filed an antitrust lawsuit against Francisco. (2) PURPOSE.—The purpose of this section the NFL. The city of Cleveland sued We have seen that matter proliferate. is to deter such harmful effects. the Browns. The city of Cleveland also It is hard to understand why the tax- (3) NO PREEMPTION OF STATE OR LOCAL AC- sued the city of Baltimore. Who knows, payers of Maryland and Baltimore have TIONS.—Such other actions as may be taken there may be more lawsuits coming. to be in a bidding contest, which, as I by a State or local governmental unit or en- My bill does one very important understand it, approximates some $200 tity referred to in subsection (c)(1)(A) to ad- thing: It gets the American taxpayer billion to bring a football team to Bal- dress the facts and circumstances described out of the middle of all this. Whatever timore. Certainly Baltimore ought to in subsection (c)(1) are not preempted by this the economic factors that cause teams section and do not burden interstate com- have a football team, and it ought to merce. to go and to come, whatever the cir- be the Colts, which moved out of Balti- cumstances that lead city to sue city, (b) FEDERAL TREATMENT.—Notwith- more in the middle of the night to go standing any other provision of law— teams to sue teams, and the league to to Indianapolis. (1) any entity or person described in para- sue teams and individuals, the Amer- American has a love affair with graph (1) or (2) of subsection (c)— ican taxpayer should be left out of it. sports. I just came from a brief sport- (A) may not benefit, directly or indirectly, The taxpayers’ burden is high enough. ing event in the office of Senator KAY from any expenditure of Federal funds, and It is wrong to make the taxpayers pay. BAILEY HUTCHISON, where she and Sen- (B) shall not be allowed any Federal tax My bill does not seek to manage the ator SANTORUM and I articulated a bet exclusion, deduction, credit, exemption, or NFL team relocation process. It does on the Super Bowl game. If you cannot allowance, not intend to have more regulation of see this on C–SPAN 2, this is an un- in connection with or in any way related to the NFL. But it does say that the Fed- usual tie for me to wear. It is a Steel- the relocation of a National Football League eral Government will not help them ers tie. franchise of an entity or person described in leave and that the Federal taxpayers I am going to be going to the Super subsection (c)(1); and will not subsidize these moves. Bowl, weather permitting and Senate (2) the interest paid or accrued on any bond, any portion of the proceeds of which is Mr. President, I considered naming schedule permitting. Who knows, we used or is to be used to provide facilities that my bill after our beloved ‘‘Dawgs’’ and may be in session Sunday the way are used or are to be used in whole or in part the hard-core Browns fans who are rep- things are going. But I have partici- by any entity or person described in para- resented in this particular ad. You see pated in America’s love affair with graph (1) or (2) of subsection (c), shall not be in the ad the ‘‘Big Dawg,’’ who is cer- sports since I was a youngster in Wich- exempt from any Federal tax. tainly famous in Cleveland, around the ita, KS, reading the box scores from (c) ENTITY OR PERSON DESCRIBED.—For pur- country, a great fan looking at this the Wichita Eagle every morning be- poses of this section— empty stadium after the last home cause of my love and passion for base- (1) GENERAL DESCRIPTION.—An entity or game. I considered naming my bill ball. person is described in this paragraph if— after the Dawgs, and the Dawgs, of I have been attending the Phillies (A) the entity or person has conducted reg- course, is, in this case, spelled d-a-w-g- games and the Eagles games, and when ular season home football games through ownership of a franchise in the National s. I can, in Pittsburgh, the Pirates games Football League in facilities— In this case, the Dawgs would stand for and the Steeler games because of my (i) which are owned, directly or indirectly, ‘‘don’t allow welfare for greedy sports love of the sport. It is tremendously ex- by a State or local governmental unit or en- owners.’’ citing. tity, or While that title would express very Just basically, it is unfair for the (ii) which are financed by a Federal, State, accurately the deepest feelings of the Browns—I was about to say the Indi- or local governmental unit or entity; people of Ohio, I have decided on a title ans—for the Browns to be taken out of (B) the entity or person has publicly an- that would tell all Americans why they Cleveland. I hope we can do something nounced that such entity or person has the should support this particular bill. I about it. I hope that with the com- intention to conduct such football games have called the bill the Team Reloca- plications of free agency and franchise outside the facilities described in subpara- graph (A) before the expiration of the period tion Taxpayer Protection Act. The bill removal, salary caps and revenue shar- during which such governmental unit or en- is called the Team Relocation Tax- ing, that we will be able to address this tity has authorized the entity or person to payer Protection Act. matter in a sane way in the Congress. use such facilities; If you are a taxpayer and you think Baseball enjoys an antitrust exemp- (C) the entity or person has publicly an- we have better things to spend Federal tion. Football enjoys a limited anti- nounced that such entity or person has the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S495 intention to conduct such football games in Mr. GLENN. Mr. President, I rise taurants and hotels that cater to fans facilities— today in strong support of the legisla- and players. It matters to those raised (i) to be owned, directly or indirectly, by a tion being offered by my colleague as Browns fans looking forward to State or local governmental unit or entity, from Ohio. We have worked together passing along that tradition. or (ii) to be financed by a Federal, State, or very closely on the whole issue of pro- It should matter to every football, local governmental unit or entity; fessional sports team relocation. It baseball, hockey, and basketball fan (D) in the National Football League season should come as no surprise this is an across the country, because if it can preceding the announcement of the intention issue that hits home for the people of happen to Cleveland, it can happen to of the entity or person to relocate, attend- our States. you. ance at the regular season home football Organized, professional sports have And it should matter to every single games of such entity or person averaged at always played a prominent role in taxpayer in America who are going to least 75 percent of normal capacity as pre- American life. Individuals, cities, end up footing part of the bill for the viously published by the National Football Browns’ move and others as relocation League with respect to such season; and States, and even the entire nation have (E) within the period of 1 year before or come together and rallied around fever sweeps the country. It’s shocking, after such announcement by the entity or sports teams. And professional sports but Federal tax subsidies are going to person, an election or referendum has been teams have helped local economies help ease the cost of the Cleveland held by the State or local governmental unit rally and revitalized our inner cities, Browns’ relocation. It absolutely in which the facilities described in subpara- creating whole new sectors of economic makes no sense that we should allow graph (A) are located and the voters have ap- opportunity. taxpayer dollars to back up this kind proved a tax increase or extension of a tax, This week, many Americans’ eyes are of deal. or have failed to repeal any such tax increase on Tempe, AR, where the Dallas Cow- Why should taxpayers in Cleveland, or extension, intended by such governmental unit to be used as part of the financing for boys will take on the Pittsburgh Steel- or any American city, help foot the tab improved facilities or new facilities for such ers to determine who will win a fifth for their local team to pull stakes and football games of such entity or person. NFL championship. Think of some of move to another city? Talk about add- (2) RELATED PERSON.— the other major sports events that ing insult to injury. That’s why I am (A) IN GENERAL.—An entity or person is de- have riveted the nation’s attention pleased to join my colleague from Ohio scribed in this paragraph if such entity or over the past months. today in introducing this legislation. person is a related person to an entity or How about those Cleveland Indians Let me stress that this legislation person described in paragraph (1). and their amazing season which cul- does not put an all-out ban on the use (B) APPLICATION OF CERTAIN RULES.—For of public money in such situations. In purposes of this paragraph, a person or enti- minated in a World Series appearance? ty shall be treated as a related person to an Who hasn’t heard all the talk this fact, it is a very narrowly tailored bill entity or person described in paragraph (1) winter about the return of Michael Jor- which says: if a team already took ad- if— dan and the Chicago Bulls’ dominance vantage of tax dollars to build its ex- (i) under the terms of section 144(a)(3) of of the NBA. isting stadium; and there has been tre- the Internal Revenue Code of 1986, such per- And who can forget the elation we all mendous fan loyalty and support; and son or entity would be treated as a related felt watching Cal Ripken, Jr., take his voters in the current jurisdiction have person to an entity or person described in historic lap around Camden Yards? approved of the means to improve the paragraph (1), or What can be more American, or says team’s current facility or build a new (ii) such person or entity is a successor in interest to an entity or person described in more about our country, than stories one; and the team’s current lease has paragraph (1) or to any related person. such as these? Or how we bask in a not expired; then, we’re not going to (C) RULES REGARDING CERTAIN RELATION- team’s victories, commiserate over the allow Federal tax dollars to subsidize SHIPS.—In determining whether a person or losses, and cheer exciting and dramatic the move. entity is a related person to an entity or per- exploits on the field or on the court? I think that’s pretty reasonable. We son described in paragraph (1), the rules of But there is a story that overshadows shouldn’t be in the business of giving sections 144(a)(3), 267, 707(b), and 1563 of the these and threatens this spirit, that is Federal tax subsidies to a team that al- Internal Revenue Code of 1986 shall be ap- community pride. Of course, I am ready received the benefit of public plied— speaking of team relocation. And the (i) by substituting ‘‘at least 25 percent’’ for money to build their existing stadium, ‘‘more than 50 percent’’ each place it appears relocation which has shocked the na- that intends to turn its back on loyal therein and by determining such percentage tion involves the Cleveland Browns. fans and a community commitment to on the basis of the highest percentage of the Let me tell you a little about Cleve- build or improve their stadium, and a stock or other indices of ownership that any land and the Browns. team that has broken its lease—that person or entity has owned directly or indi- The Cleveland Browns have been a team should not receive a Federal tax rectly at any time after December 31, 1991, symbol of undying and unwavering fan subsidy. (ii) by treating a person’s step-children or support. Week after week, 70,000 people Right now, Washington is embroiled step-grandchildren as the person’s natural cram into Lakefront Memorial Sta- in a very nasty and partisan debate children or grandchildren, and (iii) by treating all children and step-chil- dium to root on the Browns. The about how our Government can reach a dren of such person as if they have not at- ‘‘Dawg Pound’’ is a national symbol of balanced budget. One of the key issues tained the age of 21 years. fan support. Through 3–13 seasons, 13–3 in this debate centers on tax cuts—who (d) BANKRUPTCY VENUE.—Notwithstanding season, exciting play-off victories, de- should get them, who shouldn’t benefit. any other provision of law, including titles moralizing play-off defeats, Browns Well, I put to my colleagues the ques- 11 and 28 of the United States Code, any case fans have been through it all and still tion: should tax breaks go to profes- under such title 11 with respect to an entity support their team. sional sports teams when they turn or person described in paragraph (1) or (2) of There’s no talk of getting on or off a their back on an ironclad commitment subsection (c) may be commenced only in bandwagon in Cleveland—every fan is that is already backed by a Federal the district court for the judicial district in which the principal place of business in the there, through thick and thin. subsidy? I’m sure my colleagues and all United States of such entity or person has That’s what makes the announce- Americans know the answer to that been located during the greatest part of the ment that the Browns intend to desert question. 3-year period immediately preceding the their home of 50 years the toughest to The Senate has a unique opportunity commencement of such case. take. The Browns have enjoyed back- to start putting an end to the chaos in (e) EFFECTIVE DATE.—This section shall ing from generations of fans, only to be professional sports. The bill we are in- apply to— told that it doesn’t matter. troducing today is the second step in (1) any expenditure of Federal funds on or Well, it does matter. It matters to that effort. I intend to continue push- after the date of the introduction of this Act, the season ticket holder who has been ing our Fans Rights Act through Con- (2) any case commenced under title 11, going to games for 30 years. It matters gress. We still need to grant leagues a United States Code, after November 1, 1995, and to the worker who sells hot dogs at the limited anti-trust exemption related to (3) any Federal tax exclusion, deduction, stadium. It matters to businesses sell- team transfers. I am pleased that many credit, exemption, or allowance for any tax- ing Browns t-shirts, hats, and other of the witnesses at a Judiciary Com- able period ending after December 31, 1994. paraphernalia. It matters to res- mittee yesterday agreed with this

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S496 CONGRESSIONAL RECORD — SENATE January 26, 1996 point. I hope there is Senate action on mate does not take into account the as their guardians by ensuring that that bill, and the one we are intro- appropriated expenditures made annu- their interests, as taxpayers, are pro- ducing today, early this season. ally for operation and maintenance of tected. Our obligations are not limited Mr. President, I am pleased to have the petroleum reserves, the sale of the to making sure that the funds provided worked with my colleague from Ohio assets would eliminate possibly bil- by their taxes are spent wisely. It is on this important legislation. It will lions of dollars worth of additional rev- also the duty of everyone in this body provide a solution to a serious, yet lim- enue that would be derived from the to require that when taxpayer-owned ited, problem. I urge all Senators to continued operation of the naval petro- assets are disposed of, that the tax- support this bill. leum reserves over the life of the as- payers receive a fair return. It is be- sets. yond belief that anyone could argue By Mr. BUMPERS: From 1987 until this year, Congress that selling the naval petroleum re- S. 1530. A bill to create a government prohibited revenue derived from the serves for $1.55 billion is a better choice corporation to own and operate the sale of Government assets from being than creating a Government corpora- naval petroleum reserves and naval oil scored for budget purposes. I strongly tion to own and operate the reserves shale reserves, and for other purposes; opposed the change made to the asset which will provide more than $4 billion to the Committee on Armed Services. sale scoring rule in this year’s budget adjusted for net present value. THE NAVAL PETROLEUM RESERVES AND NAVAL resolution for exactly the reasons ex- Mr. President, I urge my colleagues OIL SHALE RESERVES CORPORATIZATION ACT emplified by the proposed sale of the to join me by cosponsoring the Naval OF 1996 naval petroleum reserves. It makes no Petroleum Reserves and Naval Oil ∑ Mr. BUMPERS. Mr. President, I in- sense to sell an asset for some quick Shale Reserves Corporatization Act of troduce the Naval Petroleum Reserves cash when, in the long run, the loss of 1996. I ask unanimous consent that the and Naval Oil Shale Reserves revenues from the sold Government full text of the bill appear in the Corporatization Act of 1996. This bill asset outweighs the funds derived from RECORD. would: First, create a government cor- the sale. However, that is exactly what There being no objection, the bill was poration to own and operate the naval the budget rules now permit and, in ordered to be printed in the RECORD, as petroleum reserves and naval oil shale fact, promote. follows: reserves; and second, authorize the pri- Mr. President, as I mentioned earlier, S. 1530 vatization of the corporation within 5 I am not necessarily opposed to the pri- Be it enacted by the Senate and House of Rep- years if the taxpayers receive a fair re- vatization of the naval petroleum re- resentatives of the United States of America in turn. serves and the naval oil shale reserves. Congress assembled, The naval petroleum reserves consist However, I am opposed to selling these SECTION 1. SHORT TITLE. of three fields: Elk Hills in California; This Act may be referred to as the ‘‘Naval assets for far less than they are worth Petroleum Reserves and Naval Oil Shale Re- Buena Vista Hills in California and to their current owners—the Ameri- serves Corporatization Act of 1995’’. Teapot Dome in Wyoming. The Federal cans taxpayers. TITLE I—ESTABLISHMENT OF THE Government owns 100 percent of both The bill I am introducing today is de- NAVAL PETROLEUM RESERVES COR- Buena Vista Hills and Teapot Dome. signed to ensure that the value of these PORATION. However, the Government owns only 78 assets are maximized. First, by cre- SEC. 101. ESTABLISHMENT OF THE CORPORA- percent of Elk Hills. The remaining 22 ating a Government corporation, the TION. percent is owned by Chevron. Elk Hills naval petroleum reserves can be oper- (a) There is established a body corporate to is by far the most significant area, ated in a more efficient manner in the be known as the ‘‘Naval Petroleum Reserves making it one of the largest fields in and Naval Oil Shale Reserves Corporation’’ absence of burdensome restrictions (referred to in this Act as ‘‘the Corpora- the United States. In fact, Elk Hills placed on Government agencies. Sec- tion’’). produces approximately $400 million ond, the corporation will have the time (b) The Corporation is a for-profit, wholly per year in revenues for the Federal to adequately evaluate the worth of owned Government Corporation subject to Treasury. the naval petroleum reserves and naval chapter 91 of title 31, United States Code (the Similarly, there are three naval oil oil shale reserves to make sure that if Government Corporation Control Act). The shale reserves. Naval oil shale reserves they are sold, the taxpayers receive an Corporation is an agency of the United 1 and 3 are located in northwest Colo- States, subject to annual apportionment adequate return. Finally, my bill au- under section 1512 of title 31, United States rado. Naval oil shale reserve 2 is lo- thorizes the corporation to privatize, Code. cated in eastern Utah. Unlike the but only if the price paid by private in- (c) JURISDICTION AND CONTROL.—The Cor- Naval Petroleum reserves, there is no vestors is at least equal to the net poration has exclusive jurisdiction and con- production from the oil shale reserves present value if the corporation re- trol over all of the Naval Petroleum Re- because development of oil shale is not mained in Government hands. serves and Naval Oil Shale Reserves. currently economical. However, there Government corporatization is not a SEC. 102. CORPORATE OFFICES. is also recoverable natural gas. The Corporation shall maintain an office new idea. In fact, the Department of for the service of process and papers in the Both the administration and the ma- Energy [DOE] proposed creating a Gov- District of Columbia, and is considered, for jority party in Congress have, at var- ernment corporation to own and oper- purposes of venue in civil actions, to be a ious times, proposed that the naval pe- ate the naval petroleum reserves in resident of the District of Columbia. The troleum reserves be sold and the ad- 1993. An internal DOE analysis deter- Corporation may establish offices in any ministration has also proposed that mined that a Government corporation other place it determines necessary or appro- two of the three oil shale reserves be is the option that would produce the priate in the conduct of its business. privatized as well. While I am not nec- greatest net present value associated SEC. 103. GENERAL POWERS AND FUNCTIONS OF THE CORPORATION. essarily opposed to the notion of re- with the naval petroleum reserves The Corporation— moving the Government from the oil through 2040. In addition, in 1994 the (a) may adopt, alter, and use a corporate production business, I am troubled that National Academy of Public Adminis- seal, which shall be judicially noticed; the various proposals do not put the tration [NAPA] recommended that the (b) may settle and adjust claims, sue and taxpayers’ interests first. The Congres- naval petroleum and oil shale reserves be sued in its corporate name, and be rep- sional Budget Office [CBO] has esti- resented by its own attorneys in all adminis- be owned and operated by a Govern- trative and, with prior approval of the Attor- mated that the sale of the naval petro- ment corporation. In fact, the Acad- ney General, judicial proceedings, including leum reserves as originally proposed emy estimated that the net present appeals from decisions of Federal courts; would produce $1.55 billion in receipts. value of the naval petroleum reserves, (c) shall adopt and may amend and repeal CBO also determined that the sale if they were owned by a Government bylaws, and may adopt, amend and repeal would actually cost the Government corporation, would be $4.1 billion. This corporate orders and directives, governing $992 million over 7 years because the is far greater than the $1.55 billion the manner in which its business may be reserves would produce approximately conducted and the powers granted to it by which CBO estimates the sale of the pe- law may be exercised and enjoyed; $2.5 billion in revenues in the Govern- troleum reserves would produce. (d) may acquire, purchase, lease, and hold ment retains the assets during that Mr. President, our constituents have the real and personal property it considers same time period. While the CBO esti- sent us to Washington, in part, to act necessary to conduct its business;

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S497 (e) may sell, lease, grant, and dispose of (f) may acquire privately owned lands and may be separated for cause) for a period of property as it considers necessary to conduct leases inside the Reserves, or outside those one year from the date of the transfer to the its business; Reserves on the same geologic structure, by Corporation. (f) with the consent of the agency con- exchange or contract, and in order to protect (c) PAYMENTS FOR EMPLOYEE BENEFITS.— cerned, may utilize or employ the services, the Reserves from drainage, and if unable to (1) The Corporation shall make those pay- records, facilities, or personnel, of any Fed- arrange an exchange or contract, by pur- ments to the Employees’ Compensation Fund eral, State, or local government agency; chase or condemnation; which are required by section 3147 of title 5, (g) may enter into contracts and incur li- (g) may acquire any pipeline in the vicin- United States Code. abilities; ity of the Reserve not otherwise operated as (2) The Corporation shall pay to the Civil (h) may retain or use up to $250 million an- a common carrier by condemnation, if nec- Service Retirement and Disability Fund— nually of its revenues, without further ap- essary, if the owner refuses to accept, con- (A) those employee deductions and agency propriation, for reasonable capital and oper- vey, and transport without discrimination contributions which are required by sections ating expenses of the Corporation; and at reasonable rates any petroleum pro- 3334, 3422, and 3423 of title 5, United States (I) shall have the priority of the United duced at the Reserve; Code. States with respect to the payment of debts (h) may acquire a right-of-way for new (B) those additional agency contributions out of bankrupt, insolvent, and decedents’ pipelines and associated facilities by emi- which are determined necessary by the Of- estates; nent domain under the Act of February 26, fice of Personnel Management to pay, in (j) may request from the Administrator of combination with sums under paragraph General Services the services the Adminis- 1931 (40 U.S.C. 258a–258e), and the prospective holder of the right-of-way is ‘‘the authority (2)(A) of this subsection, the normal cost (de- trator is authorized to provide agencies of termined using dynamic assumptions) of re- the United States, and Administrator shall empowered by law to acquire the lands’’ within the meaning of that Act; new pipe- tirement benefits for the employees of the furnish the requested services to the Cor- Corporation who are subject to subchapter poration on the same basis those services are lines shall accept, convey, and transport any petroleum produced at the Reserves at rea- III of chapter 83 of title 5, United States provided agencies of the United States; Code; and (k) may accept gifts or donations of serv- sonable rates; (C) those additional amounts, not to ex- ices or of real, personal, mixed, tangible, or (i) may use, store, or sell its share of the ceed two percent of the amounts under para- intangible property to conduct its business; petroleum produced from the Reserves and graphs (2)(A) and (2)(B) of this subsection, the Corporation shall establish written rules lands covered by joint, unit, or other cooper- which are determined necessary by the Of- setting forth the criteria to be used in deter- ative plans; fice of Personnel Management to pay the mining whether the acceptance of gifts or (j) shall establish prices for products, ma- costs of administering retirement benefits donations of real, personal, mixed, tangible, terials, and services on a basis that will for the Corporation’s employees and retirees or intangible property to conduct its busi- allow it to maximize the financial return to and their survivors (which months shall be ness under this subsection would reflect un- the Government; available to the Office as provided in section favorably upon the ability of the Corporation (k) shall give priority to assisting in na- tional security matters when requested by 3343(a)(1)(B) of title 5, United States Code). or any employee to carry out its responsibil- (3) The Corporation shall pay to the Em- ities or official duties in a fair and objective the Secretary of Defense; and (l) shall transfer annually to the Treasury ployees’ Life Insurance Fund— manner, or would compromise the integrity (A) those employees deductions and agency or appearance of integrity of its programs or all revenues in excess of that needed for rea- sonable capital and operating expenses of the contributions which are required by sections any official involved in those programs; 8707 and 8708(a) of title 5, United States Code; (1) may execute all instruments necessary Corporation, but in no event may the reve- and or appropriate in the exercise of its powers; nues retained or used for those purposes in (B) those amounts which are determined (m) may acquire liability insurance or act any fiscal year exceed $250 million. necessary by the Office of Personnel Manage- as self-insurer; SEC. 105. CHIEF EXECUTIVE OFFICER. ment under paragraph (5) of this subsection (n) shall pay any settlement or judgment The powers and functions of the Corpora- to reimburse the Office for contributions entered against it from the Corporation’s tion are vested in a Chief Executive Officer under sections 8708(d) of title 5, United Stat- own funds and not from the judgment fund to be appointed by the Secretary. The Chief ed Code. established under section 1304 of title 31, Executive Officer serves at the pleasure and (4) The Corporation shall pay to the Em- United States Code; section 1346(b) and chap- under the supervision of, and may be re- ployees Health Benefits fund— ter 171 of title 28, United States Code do not moved at the discretion of, the Secretary. (A) those employees payments and agency apply to claims against the Corporation; and The Secretary shall set the compensation of contributions which are required by section (o) may request the Secretary of the Treas- the Chief Executive Officer, not to exceed 8906 (a)–(f) of title 5, United States Code; and ury to invest monies of the Corporation in Executive Level III. public debt securities having maturities (B) those amounts which are determined SEC. 106. EMPLOYEES. suitable to the needs of the Corporation, and necessary by the Office of Personnel Manage- (a) APPOINTMENTS.— bearing interest at rates determined by the ment under paragraph (5) of this subsection (1) The Chief Executive Officer may ap- Secretary of the Treasury, taking into con- to reimburse the Office for contributions point officers and employees of the Corpora- sideration current market yields on out- under section 8708(d) of title 5, United States tion without regard to the provisions in title standing obligations of the United States of Code. 5, United States Code, governing appoint- comparable maturity. (4) The Corporation shall pay to the Em- ments in the competitive service, and may ployees Health Benefits fund— SEC. 104. SPECIFIC POWERS AND FUNCTIONS OF fix compensation without regard to chapter THE CORPORATION. (A) those employee payments and agency 51 and subchapter III of chapter 53 of title 5, The Corporation— contributions which are required by section (a) shall explore, prospect, develop, use, United States Code, governing general sched- 8906 (a)–(f) of title 5, United States Code; and produce, and operate the Reserves to maxi- ule classifications and pay. In appointing of- (B) those amounts which are determined mize the economic value of these properties ficers of the Corporation and setting their necessary by the Office of Personnel Manage- to the Nation; compensation, which may not exceed Execu- ment under paragraph (5) of this subsection (b) may enter into joint, unit, or other co- tive Level IV, the Chief Executive Officer to reimburse the Office for contributions operative plans, leases, or other agreements shall consult with the Secretary. Any officer under section 8906(g)(1) of title 5, United and transactions as may be necessary in the or employee of the Corporation may be re- States Code. conduct of its business; moved at the discretion of the Chief Execu- (5) The amounts required under paragraphs (c) subject to section 109(c) shall admin- tive Officer except as specified in subsection (3)(B) and (4)(B) of this subsection are the ister and may amend existing contracts, in- (b) of this section. Government contributions for retired em- cluding the Unit Plan Contract, and other (2) Section 3132(a)(1) of title 5, United ployees who retire from the Corporation agreements transferred to the Corporation States Code, is amended by adding at the end after the date of transfer, the survivors of under section 109(a) of this subtitle; the following: those retired employees, and survivors of the (d) may construct, acquire, or contract for ‘‘(E)’’ the United States Navel Petroleum employees of the Corporation who die after the use of storage and shipping facilities, and Reserves and Naval Oil Shale Reserves Cor- the date of the transfer, prorated to reflect pipelines and associated facilities, on and off poration;’’. the portion of the total civilian service of the Reserves, for transporting petroleum (b) TRANSFER OF FUNCTIONS.—An officer or such employee and retired employees that from the Reserves to the points where the employee of the Department who the Sec- was performed for the Corporation after the production from the Reserves will be refined retary determines is performing functions date of transfer. and shipped; vested in the Corporation by this subtitle is (6) The Corporation shall pay to the Thrift (e) may store, for appropriate reimburse- transferred to the Corporation under section Savings Fund those employee and agency ment reasonably reflecting fair market 3503 of title 5, United States Code. Such an contributions that are required by section value, petroleum owned or managed by other officer or employee retains the compensation 8432 of title 5, United States Code. Federal agencies and instrumentalities and in effect immediately prior to the transfer to (d) SEPARATION INCENTIVE PAYMENTS.—The may store petroleum owned or managed by the Corporation until changed by the Chief Corporation shall pay any voluntary separa- non-Federal entities at rates consistent with Executive Officer, and may not be separated tion incentive payments authorized, but not subsection (j) of this section; involuntarily by reason of the transfer (but yet paid, by the Department prior to the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S498 CONGRESSIONAL RECORD — SENATE January 26, 1996 transfer of functions under subsection (b) of of the Corporation to private investors, in- the emergency ambulance services pro- this section. cluding public stock offering, private place- vided. As a result, Federal authorities SEC. 107. EXEMPTION FROM TAXATION. ment, or merger or acquisition. The plan have left border States and localities The Corporation, including the Reserves may call for the phased transfer of ownership to pick up the tab for a Federal respon- and all other corporate property, all cor- or for complete transfer at a single point of time. If the plan calls for phased transfer of sibility. This cannot continue. porate activities, and all corporate income In my home State of Arizona, the are exempt from taxation in any manner or ownership, then— form by any State or local government enti- (1) privatization shall be deemed to occur border city of Nogales has been par- ty. when 100 percent of ownership has been ticularly impacted by the failure of SEC. 108. APPLICABILITY OF OTHER LAWS. transferred to private investors; Federal authorities to reimburse the (2) prior to privatization, such stock shall (a) FEDERAL LAWS GOVERNING ACQUISITION city for the costs of transporting aliens be nonvoting stock; and AND DISPOSAL.—The Corporation shall not be injured while crossing the border. Be- (3) at the time of privatization, such stock considered to be a department, agency, es- tween April 22 and July 31, 1995, 44 calls shall convert to voting stock. tablishment, or instrumentality of the (c) The plan shall evaluate the relative were made by the Border Patrol to the United States for purposes of Federal laws, merits of the alternatives considered and the city requesting ambulance service for regulations, or other requirements con- estimated return to the Government’s in- illegal aliens injured while crossing the cerning acquisition of services and supplies, vestment in the Corporation achievable border. Because these patients rarely and the acquisition, use, and disposal of real through each alternative. The plan shall in- and personal property, including the Federal pay their own ambulance transport clude the Corporation’s recommendations on Property and Administrative Services Act bill, the financial burden on the city its preferred means of privatization. (40 U.S.C. 471, et seq.), except that the Cor- has become very heavy. The city has (d) The Corporation shall transmit copies poration shall be considered to be a depart- paid almost $200,000 in ambulance costs of the strategic plan for privatization to the ment, agency, establishment, or instrumen- President and Congress upon completion. in the past 6 years. This cost is signifi- tality of the United States for the purposes cant to Nogales, a border community of the Davis-Bacon Act (40 U.S.C. 276a–276–7), SEC. 202. PRIVATIZATION. (a) Subsequent to transmitting a plan for which has only 20,000 inhabitants, a low the McNamara-O’Hara Service Contract Act tax base, and recently reported a (41 U.S.C. 351, et seq.), the Contract Work privatization pursuant to section 101, and Hours and Safety Standards Act (40 U.S.C. subject to subsections (b) and (c), the Cor- $100,000 deficit. The devaluation of the 327, et seq.), and civil rights laws and regula- poration may implement the privatization peso has left many Southwestern bor- tions applicable to Federal contractors and plan if the Corporation determines, in con- der communities in a similarly de- subcontractors. sultation with appropriate agencies of the pressed financial position. Illegal im- (b) EXEMPTION FROM ADMINISTRATIVE PRO- United States, that privatization will result migration is a Federal matter and our CEDURAL PROVISIONS.—Chapter 5 of title 5, in a return to the United States at least Nation’s border communities cannot equal to the net present value of the Cor- United States Code, does not apply to the afford and should not be forced to pay Corporation. poration. (b) The Corporation may not implement for emergency ambulance services pro- SEC. 109. TRANSFERS TO THE CORPORATION. the privatization plan without the approval vided at the request of Federal authori- (a) TRANSFER OF ASSETS.—Subject to sub- of the President. ties. Again, that is a Federal responsi- section (c) of this section, the Secretary (c) The Corporation shall notify the Con- shall transfer to the Corporation the con- bility. gress of its intent to implement the privat- tracts, records, unexpended balance of appro- I recognize that a separate and much ization plan. Within 30 days of notification, priations and other monies available to the broader debate is being waged across the Comptroller General shall submit a re- Department (including funds set aside for ac- the Nation concerning a State’s obliga- port to Congress evaluating the extent to counts payable and all advance payments), which— tion to provide health care and other accounts receivable, and all other assets that (1) the privatization plan would result in social services to illegal aliens residing are related to the powers and functions vest- any ongoing obligation or undue cost to the within its borders. That issue is much ed in the Corporation by this subtitle. Federal Government; and larger and remains to be resolved. (b) TRANSFER OF LIABILITIES AND JUDG- (2) the revenues gained by the Federal Gov- Today, however, I believe we can all MENTS.— ernment under the privatization plan would (1) All liabilities attributable to the oper- agree that Federal authorities who call represent at least the net present value of ation of the Reserves by the Department are upon local emergency ambulance serv- the Corporation. transferred to the Corporation. ices for injured illegal aliens should be (d) The Corporation may not implement (2) Any judgment entered against the De- the privatization plan less than 60 days after required to pay for those ambulance partment imposing liability arising out of notification of the Congress. services. Our border States and com- the operation of the Reserves by the Depart- (e) Proceeds from the sale of capital stock munities should not be saddled with ment is considered a judgment against and is of the Corporation under this section shall this additional financial burden.∑ payable solely by the Corporation. be deposited in the general fund of the Treas- (c) UNIT PLAN CONTRACT DISPUTE RESOLU- ury.∑ By Mr. SIMON: TION.—The Secretary shall retain, and shall S. 1532. A bill to provide for the con- not transfer, dispute resolution authority By Mr. MCCAIN: under section 9 of the Unit Plan Contract. tinuing operation of the Office of Fed- (d) PAYMENT OF INTEREST TO THE TREAS- S. 1531. A bill to reimburse States eral Investigations of the Office of Per- URY.—From time to time, and at least at the and their political subdivisions for sonnel Management, and for other pur- close of each fiscal year, the Corporation emergency medical assistance provided poses; to the Committee on Govern- shall pay into the Treasury as miscellaneous to illegal aliens under their custody as mental Affairs. receipts interest on any Federal financial a result of Federal action; to the Com- THE OFFICE OF FEDERAL INVESTIGATIONS capital utilized by the Corporation, as deter- mittee on the Judiciary. PRIVATIZATION ACT OF 1996 mined by the Director of the Office of Man- IMMIGRATION AND NATURALIZATION SERVICE ∑ Mr. SIMON. Mr. President, 1 year agement and Budget. The rate of such inter- LEGISLATION est shall be determined by the Secretary of ago, as part of the National Perform- the Treasury, taking into consideration pre- ∑ Mr. MCCAIN. Mr. President, this leg- ance Review, the administration an- vailing market yields, during the month pre- islation would require the Immigration nounced that the Office of Personnel ceding each fiscal year, on outstanding obli- and Naturalization Service to reim- Management [OPM] would privatize its gations of the United States with remaining burse States and localities for the cost investigative branch, the Office of Fed- periods to maturity of approximately one of emergency ambulance services pro- eral Investigations [OFI]. The Treasury year. vided to illegal aliens injured while and Postal Service conference report TITLE II—PRIVATIZATION OF THE crossing the border. Currently, border directs OPM not to implement a reduc- CORPORATION communities pay the high cost associ- tion in force before March 31, 1996, in SEC. 201. STRATEGIC PLAN FOR PRIVATIZATION. ated with providing emergency ambu- order to allow the GAO to conduct a (a) Within 5 years after the establishment lance services to illegal aliens. Al- cost-benefit analysis. OPM is prepared of the Corporation, the Corporation shall though Federal authorities consist- to initiate an employee stock owner- prepare a strategic plan for transferring ently have placed illegal aliens injured ship plan [ESOP], which would have a ownership of the Corporation to private in- vestors. The Corporation shall revise the crossing the border in State and local sole source contract with OPM for the plan as needed. custody in order to obtain medical first 2 to 3 years, after which contracts (b) The plan shall include consideration of services, the Federal authorities have would be offered to private firms. I am alternative means for transferring ownership failed to reimburse local Governors for very concerned that privatization is

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S499 not the best approach in this impor- I have asked the GAO, as part of by requiring family opportunities for tant area. their ongoing cost-benefit analysis, to needy innocent victims; to increase Today I offer legislation that would address my concerns and report their family opportunities for needy children prevent immediate privatization of findings to me before the end of Janu- by banning racial discrimination in this extremely important Government ary, 1996. In addition, I sent a letter to adoption; and to promote voluntarism function. For over 40 years, the OFI has a number of Federal agencies asking by protecting volunteers against liabil- been responsible for conducting back- for their input on the effect of privat- ity. ground investigations for potential em- ization. In response to my inquiry, I All Americans, no matter who they ployees of various agencies within the was told that privatization could cause are, where they live, or the color of Federal Government, including the De- disruptions to operations and that the their skin, deserve the opportunity to partment of Energy, the Department of quality of investigations could suffer. I provide for their families, to pursue Justice, and the Treasury Department. urge my colleagues to think carefully their aspirations and to share fully in Overall, OFI conducts about 40 percent about the negative impact that may be the American dream. of all Federal background investiga- created by privatization. History teaches us that there’s no tions for positions ranging from bu- My comments are not meant to panacea for poverty and crime, but, no reaucratic responsibilities to high- imply that private contractors cannot matter how intractable the problem, it ranking positions requiring substantial perform top quality investigations is the essence of the American char- security clearances. In my view, shift- while also ensuring privacy and pro- acter to constantly advance our soci- ing this responsibility to the private tecting our national security. It is cer- ety so that the social and economic sector raises a host of extremely im- tainly conceivable that they could. progress of each generation exceeds portant questions which must be ad- However, before this decision is made, that of its predecessor. No American is dressed before the decision to privatize we must be sure that adequate study of unimportant. As a nation, we have a is made. the potential impact has been con- solemn obligation to help those in need First, we must ensure that our na- to help themselves. Our success in that tional security is not in any way jeop- ducted. The legislation I offer today would endeavor is bound only by the limits of ardized by a move to privatization. prevent privatization from occurring our energy and imagination. Currently, OFI does background checks for 2 years, during which time OFI It is painfully clear that the tradi- on individuals that will ultimately tional welfare state response to pov- would be prohibited from reducing its have access to top secret information, erty and community decay has been a number of full-time employees. In addi- including weapons systems and nuclear miserable failure. Over the past 30 tion, the bill would require OPM and energy data. We need to ask ourselves years, we have spent over $5 trillion on the GAO to issue a comprehensive re- if this is the type of information that poverty programs, yet millions of port detailing the likely effect of pri- we want a private investigator to have Americans remain ensnared in the vatization on all of the issues that I access to. If the answer is ‘‘yes,’’ cer- grinding cycle of dependence and need. have addressed. tainly we need to carefully review the The time is now for new ideas and ap- I urge my colleagues to support this safeguards needed to ensure that our proaches to restore hope and increase legislation. While I certainly support national interests remain secure. economic opportunity for all Ameri- the goals of the Clinton administra- The ability of private firms to main- cans. tain the privacy of sensitive records is tion’s National Performance Review, The most effective way to revive another area that needs to be looked at and applaud efforts to eliminate Gov- American communities mired in pov- closely. A private contractor would po- ernment waste, Federal investigators erty and to improve the quality of life tentially have the ability to amass employed by the government have is to provide job opportunities and sus- large quantities of information on Gov- served all of us extremely well, and we tainable economic development. A job ernment employees. Although OPM has should proceed with great caution be- and a paycheck are the most effective ∑ suggested that they would have the fore changing this role. welfare programs. And, as any mayor ability to keep records private, I have or city council member in our country not heard specific measures that could By Mr. MCCAIN: S. 1533. A bill to provide an oppor- can attest, a healthy tax base produced be taken to guarantee this. Serious tunity for community renewal and eco- by an employed population is the most study must be given to what measures potent prescription for community re- nomic growth in empowerment zones can and should be taken to protect pri- newal. and enterprise communities, and for vacy. Accordingly, the first title of the bill We must also ensure that quality in- other purposes; to the Committee on authorizes a battery of new and ex- vestigations will continue to be con- Finance. panded tax incentives to attract busi- ducted. The Federal Government cur- THE COMMUNITY RENEWAL AND ECONOMIC nesses to blighted areas and to hire rently uses private investigators for a OPPORTUNITY ACT OF 1996 economically disadvantaged residents. very small fraction of background ∑ Mr. MCCAIN. Mr. President, today, I Four years ago, Congress designated checks. The only experience with pri- am pleased to introduce the Commu- 9 of the poorest communities in Amer- vate investigators on a large scale pro- nity Renewal and Economic Oppor- ica as enterprise zones and 90 others as duced numerous investigations that tunity Act of 1996. enterprise communities. The designa- were not up to standard, or, even in a The bill contains 10 major initiatives tion made these communities eligible fraction of cases, were falsified. This to revive communities afflicted by job- for a host of tax incentives and other must not happen again. What safe- lessness and crime and to help the community renewal programs. This guards can and should OPM put in neediest Americans better provide for was an excellent step but inadequate in place to ensure that quality is main- themselves and their families. scope. tained? We must be certain that qual- Included in the bill are measures to Currently, the law provides special ity can be maintained before we make foster new job opportunities and eco- tax benefits only to enterprise zone the decision to privatize. nomic development in America’s poor- businesses which hire at least 35 per- It is also important to ask ourselves est communities through targeted tax cent of their employees from the local if private investigators will be able to incentives; to improve public infra- community. The bill I’m introducing provide the best available information structure in blighted areas by chan- would enhance the tax incentive by al- to Government agencies. Will they neling a greater percentage of Federal lowing firms to take an additional ten have difficulty obtaining vital informa- grant monies to the neediest commu- percent tax credit if they increase their tion from law enforcement officials? In nities and by lowering the cost of local hiring rate to 50 percent. a preliminary study, the General Ac- project construction; to invigorate the Furthermore, the bill extends eligi- counting Office [GAO] determined that fight against violent crime which most bility for the credit beyond enterprise law enforcement officials may be reluc- seriously affects low-income neighbor- zones to include qualified businesses tant to give out sensitive information hoods by allowing local law enforce- within the 90 enterprise communities, to private investigators. This issue de- ment agencies to keep a greater as well as 90 additional poverty strick- serves further study. amount of forfeited criminal assets and en economic recovery areas—areas

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S500 CONGRESSIONAL RECORD — SENATE January 26, 1996 which will be designated by the Sec- Expanding the credit will provide a advantaged Americans without regard retary of Housing and Urban Develop- greater incentive for businesses, no to race or gender. I believe we can re- ment. matter where they are located, to hire turn the program to its original intent, Many communities are suffering eco- economically disadvantaged individ- and assist far more needy people than nomic distress as deeply as the areas uals; and will discourage the practice today’s ownership-based program by we have officially designated as enter- of rapidly turning over employees in providing set-asides to businesses lo- prise zones, and they deserve the op- order to maximize the tax credit. cated within enterprise zones and com- portunity to attract the jobs and eco- Most importantly, the bill expands munities as well as to other firms nomic development they so desperately the list of individuals who qualify for which train and employ a significant need. the work opportunity tax credit. As percentage of economically disadvan- Mr. President, the 10-percent tax currently conceived, the credit would taged individuals. credit will serve as a strong incentive be available only to residents of enter- Exactly how do we determine who is for businesses to form within economi- prise zones and enterprise commu- an ‘‘economically disadvantaged indi- cally depressed areas and to increase nities; recipients of AFDC; vocational vidual’’? For purposes of this bill, the hiring of local residents. However, rehabilitation recipients and Summer EDI’s are defined as: (1) individuals the bill I’m introducing today would Youth. The bill extends the credit to who live within EZ’s or EC’s; (2) indi- also authorize what I believe might be individuals who have been chronically viduals who have assets no greater an even more powerful alternative in- unemployed, have few assets, and have than the ceiling allowed for AFDC eli- ducement—a low 10-percent flat tax. been living for a significant period of gibility; who were not claimed as a de- The bill would allow businesses with- time under the poverty level. pendent for 4 years preceding the date in federally designated enterprise A flexible, transportable, and more of their hiring; and whose income did zones, enterprise communities, and widely applied credit will help needy not exceed the poverty level in either economic renewal areas which hire at individuals no matter where they re- the year before their hiring nor in 3 of least half of their employees from the side or by whom they are employed. the 4 years before their hiring; or (3) local community to pay a simple 10- Mr. President, we all recognize that individuals with a dependent; who have percent flat tax. Simplifying taxes and it’s one thing to attract businesses to assets no greater than the ceiling al- offering a low incentive rate as an al- the poorest communities and encour- lowed for AFDC eligibility; who were ternative to today’s excessive and byz- age them to hire the most economi- not claimed as a dependent for 4 years antine tax rules, might prove to be the cally disadvantaged Americans by preceding the date of their hiring; and most potent inducement for businesses sweetening the tax incentives, but en- whose income did not exceed the pov- to invest in places and in people that suring that such firms are sustainable erty level during the year prior to their need the helping hand. and can overcome the many risks they I look forward to hearing from em- hiring. assume to succeed in quite another. Once designated as an EDI an indi- ployers on the relative merits of the Accordingly, the second major thrust vidual would retain the designation for flat tax and the credit option. of the bill’s first title is to use the pur- No matter which option an employer 5 years, which should be ample time for might choose, it’s clear that once a chasing power of the Federal Govern- the employee to receive training and to company has opted to locate within a ment to assist risk-taking entre- establish a work history. Reorienting blighted area and to assume the associ- preneurs and corporations who are the 8(a) program as provided by this ated risk, one of the biggest challenges willing to help poor Americans. bill will help us to achieve the goals of The bill would accomplish that goal will be to attract the capital and in- assisting economically disadvantaged vestment necessary for the enterprise by reforming the Small Business Ad- individuals more fairly and effectively. to survive and grow. ministration’s (8)(a) set-aside program. Finally, Mr. President, the first title To address this need, the bill once The current program provides Federal of the bill recognizes the important again would use our tax system to contract set-asides to businesses based role private entrepreneurship can and stimulate the necessary investment. on the race or ethnicity of the business should play in serving the needs of our Specifically, the bill would make stock owner. The bill would reorient the pro- poorest communities and that we must dividends from qualified enterprise gram by making the set-asides avail- do a better job of promoting start-up zone and enterprise community busi- able to businesses that hire economi- enterprises. Toward that end, the bill nesses nontaxable, and it would elimi- cally disadvantaged Americans regard- would establish a business mentor pro- nate the capital gains tax for invest- less of their race, creed, or color. gram under the auspices of the Small ments held at least 5 years within des- As my colleagues are aware, the cur- Business Administration. The program ignated enterprise zones, enterprise rent (8)(a)program has been rife with would pair businesses owned by eco- communities and economic recovery fraud and abuse. The record is replete nomically disadvantaged individuals areas. Exempting dividends and capital with unsavory examples of unscrupu- with mentor businesses and lending in- gains within our poorest areas from lous individuals establishing shell cor- stitutions. taxes should attract a healthy flow of porations to obtain set-aside benefits Pairing start-up enterprises owned job-producing capital investment. and cases in which very wealthy and by individuals who live within poverty So, Mr. President, this bill provides successful enterprises remain in the stricken areas with established mentor substantial new tax-based incentives program when they can and should businesses will enhance the success of for companies to assume the risk of lo- compete quite nicely through the nor- first-time business owners creating ad- cating within blighted areas and to in- mal competitive contracting process. ditional jobs and economic oppor- vest in their human resources. How- Mr. President, America is based on tunity. ever, we must recognize that poverty the concept of equality among all peo- Mr. President, again, I want to stress and economic disadvantage do not con- ple. As a society that aspires full a bill cannot be written that will solve fine themselves within certain munic- equality and color blindness, the time the problem of joblessness and poverty. ipal boundaries. Economically dis- for special programs that focus on the But, I believe we can make significant advantaged people reside in practically race and ethnicity of particular Ameri- gains by employing the kinds of incen- every community and we have an obli- cans rather than their economic status tives proposed by the bill I’ve intro- gation to help these Americans even if is past. A needy American is a needy duced today. The incentives are not they do not happen to live within areas American no matter their race, creed, perfect and I look forward to a detailed of the most severe poverty. color, or gender. Certainly, the Su- debate on the initiatives to ensure that Accordingly, the bill would expand preme Court’s decision in the Adarand we craft incentives that will be as ap- the work opportunity tax credit passed case emphasized that reality that, by propriate and cost-effective as possible. by Congress last year. The bill would and large, race-based set-asides do not Mr. President, the second major title raise the credit from 35 percent for the comport with the fundamental tenets of this bill is designed to assist de- first $6,000 in wages for a targeted eco- of equality and equal protection. pressed communities in improving nomically disadvantaged employee to The original purpose of the 8(a) pro- their infrastructure. Strong infrastruc- 35 percent for the first $12,000 in wages. gram was to assist economically dis- ture and dependable public works such

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S501 as roads, utilities, schools, and other Federal RICO operation to have a share One suggestion I would make is that public accommodations, are critical to of the proceeds from asset forfeiture. the appropriate committees hold field improving the quality of life and to fos- The bill would authorize an additional hearings and engage the Americans tering sustainable community develop- 25 percent share for communities that who live in the poorest communities in ment. This bill would lower the cost of suffer from inordinately high rates of the debate over how best we can help constructing and operating public fa- violent crime. The additional resources them to meet the needs of their fami- cilities by repealing the the Davis- would be used for violent crime control lies and their neighborhoods. Bacon Act within enterprise zones and programs. Too often politicians cloak them- enterprise communities. In addition, the safe streets title au- selves within the insulated, and many The Davis-Bacon Act requires that thorizes mandatory restitution for cer- times, out of touch environs of the the prevailing union wages be paid on tain violent crimes, and increases vic- Capitol as we devise the policies that all contracts and subcontracts for con- tim assistance resources by boosting affect millions of lives. Perhaps it’s struction projects that utilize Federal fines against Federal felons. This title time we more diligently consult and monies. This costly Federal mandate mirrors legislation that I had the privi- work with real people and address their inflates the price of infrastructure and lege to work on with Senator HATCH, realities as we endeavor to meet our disproportionately impacts poorer Senator NICKLES, Senator BIDEN, and oath of office and the needs of our communities. Moreover it makes it other Members last year. great Nation. more difficult for entry level job seek- The bill’s fifth title seeks to promote I am pleased to note that his bill is ers to obtain training and work. family opportunities for poor children. strongly supported by Secretary Jack In addition, the bill would channel a The family unit is the foundation of Kemp of Empower America. Such an greater share of Federal Community our society. A loving and supportive endorsement is germane and is as fit- Development Block Grant moneys to family is the key to a child’s develop- ting as it is welcome, because personal the neediest counties and cities. ment into a healthy and productive and community empowerment is what The Federal CDBG program was cre- member of the community. this bill is about. It’s about new alter- The bill prohibits racial discrimina- ated to promote local economic and natives to the failed prescriptions of tion in adoption. Many adoption agen- community development. Current law the past. It’s about recognizing that cies make adoption decisions based on requires that 70 percent of these grant every American counts and that a leg inappropriate racial considerations. monies be channeled to disadvantaged up to self-sufficiency is more lasting, Consequently, countless children, communities. The bill increases the meaningful, and compassionate than a many of them minorities from the amount to 75 percent and cuts the per- handout; and that a caring nation can inner city remain in foster care, denied centage allowed for administrative and must help all of those who truly overhead from 20 percent to 10 percent the opportunity for a loving family. Finally, the bill seeks to promote need assistance to participate in the so that more dollars can flow to bricks voluntarism. America has a proud tra- social, economic and political freedom and mortar projects in needy areas. dition of neighbor helping neighbor that is the essence of the American Furthermore, the bill would require which must be nurtured and sustained dream. wealthier communities to cost-share if we are to revitalize America’s com- Mr. President, I ask unanimous con- any CDBG grants they may receive. munities, particularly those poverty sent that additional material be print- Greenwich, CT and Beverly Hills, CA stricken areas most needful of help. ed in the RECORD. are fine communities, but we should The bill encourages states to pass There being no objection, the mate- not be spending scarce Federal eco- laws protecting volunteers against law- rial was ordered to be printed in the nomic development aid in communities suits. The provision is modeled after RECORD, as follows: that can well afford to meet their own legislation introduced by Congressman COMMUNITY RENEWAL AND ECONOMIC needs, at the expense of much needier JOHN PORTER of Illinois. It’s fundamen- OPPORTUNITY ACT OF 1996 areas. tally unfair that we continue to sub- TITLE I—JOBS, PAYCHECKS, AND TAX BASE The third title of the bill seeks to im- ject volunteers to the threat of liabil- The most effective way to revive America’s prove educational opportunities in the ity when they share their time, re- poverty stricken communities and to im- poorest communities. Quality edu- sources and expertise to help the com- prove the quality of life for economically cation is the key to improving the lives munity. Increasing exposure to liabil- disadvantaged residents is to stimulate job of our youth and helping to break the ity in our ever litigious society will creation and sustainable economic develop- cycle of poverty. chill voluntarism to the detriment of ment—jobs, paychecks and tax base. This The bill authorizes a Federal school title provides a battery of new and expanded all communities. incentives for businesses to form and cap- voucher system within enterprise zones Mr. President, as I said, I do not pre- and enterprise communities. Empow- italize within blighted areas and to hire local tend this bill is the answer to all our residents. ering parents to send their children to inner city problems. Far from it. But, I the schools that best meet their needs I. Tax credits and businesses that hire economi- believe it provides some excellent ini- cally disadvantaged individuals within will increase the quality of educational tiatives which will help us make a real blighted areas opportunity. The program would in no difference in improving lives and com- Enables each qualified business located way require the affected local school munities of areas that need and deserve within a federally designated Enterprise districts to diminish or reallocate their the help of a caring nation. Zone and Enterprise Community to deduct own funding. The Federal monies Moreover, I am convinced we can ten percent of its tax liability if 50 percent of would be additional to the local funds enact these or very similar initiatives its employees are residents of the zone. currently used to run the affected without worsening the deficit. The pro- Current law provides special tax incentives school districts. grams that require outlays or offsets, to businesses within the 9 designated Enter- The fourth title of the bill seeks to such as the package of tax credits, can prise Zones if 35 percent of their employees make our streets safer. The gravest are residents of the area. Increasing the in- be paid for by reductions in non-essen- centive and expanding it to the 90 enterprise threat to quality of life and commu- tial programs that are of a lower pri- communities and beyond (see below) will in- nity redevelopment within blighted ority including, I might add, corporate crease employment opportunities for resi- areas is violent crime. The streets pork. dents of blighted areas. must be made safer and victims must This bill is by no means perfect or Authorizes the Secretary of Housing and be treated compassionately and justly. complete. I believe it is a starting Urban Development to designate an addi- The bill allows counties and cities point for more vigorous debate and ac- tional 90 poverty stricken communities in which have a high rate of violent crime tion to meet the challenges of the poor- which businesses would be eligible for the 10 to retain a higher share of Federal est Americans and the neediest com- percent negative surtax. munities. I look forward to a dialogue Many communities are suffering the same asset forfeiture proceeds under the economic distress as areas designated to be Racketeer Influenced Corrupt Organi- on the bill and the issues it raises, and Enterprise Zones and Communities. Extend- zation (RICO) statutes. to hearing the many other suggestions ing the credit to other economically dis- Current law allows local law enforce- about how most effectively to end the tressed areas will stimulate job creation and ment agencies which participate in a cycle of poverty and dependence. tax base.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S502 CONGRESSIONAL RECORD — SENATE January 26, 1996 Authorizes zero capital gains tax for in- to their hiring. Once designated as an EDI Current law does not mandate that violent vestments held for at least five years within for purposes of this program an individual criminal compensate their victims. Enterprise Zones and Economic Commu- retains the EDI designation for a period of TITLE VI—FAMILY OPPORTUNITY nities. five years. The family unit is the foundation of our A zero capital gains tax will spur invest- VI. Business ownership mentor program society. A loving and supportive family is ment and economic activity within economi- Establishes a mentor program under the the key to a child’s development into a cally depressed areas. SBA to pair businesses owned by economi- healthy and productive member of the com- II. Tax incentives for hiring economically dis- cally disadvantaged individuals with mentor munity. advantaged individuals regardless of busi- businesses and lending institutions. Prohibits racial discrimination in adoption ness location or employee residence Pairing start-up enterprises owned by indi- which deprives millions of children from the Expands the Work opportunity Tax Credit viduals who live within poverty stricken opportunity to have a family. from 35 percent for the first $6,000 in wages areas with mentor businesses will enhance Many adoption agencies make adoption de- for a targeted economically disadvantaged the success of first time business owners. cisions based on racial consideration. Con- employee to, 35 percent for the first $12,000 in TITLE II—UTILITIES, SCHOOLS AND sequently countless children, many of them wages. INFRASTRUCTURE minorities from the inner city remain in fos- Expanding the credit will provide a greater Successful and sustainable community de- ter care, denied the opportunity for perma- incentive for businesses, no matter where velopment depends upon healthy infrastruc- nent family placement. they are located, to hire economically dis- ture and public works including transpor- TITLE VII—VOLUNTARISM advantaged individuals; and will reduce the tation, utilities, schools and other public ac- America has a proud tradition of neighbor rapid turnover of economically disadvan- commodations. Lowering the cost of con- helping neighbor which must be nurtured taged employees in order for businesses to structing and operating public facilities and and sustained if we are to revitalize Amer- take maximum advantage of the credit. providing additional resources to poverty ica’s communities, particularly those pov- Expands the list of individuals who qualify stricken communities is vital to improving for the Work Opportunity Tax Credit to in- erty stricken areas most in need of a helping the quality of life within these areas. hand. clude individuals who have been chronically Repeals Davis-Bacon within Enterprise Encourages states to pass laws protecting unemployable. Zones and Enterprise Communities. volunteers against lawsuits. The current Work Opportunity Tax Credit The Davis-Bacon Act requires the payment It’s fundamentally unfair that we continue is available to residents within Economic of prevailing union wages for any contract or to subject volunteers to the threat of liabil- Zones and Enterprise Communities; Recipi- subcontract which utilizes federal funding. ity when they share their time, resources ents of AFDC; Vocational Rehabilitation re- The rule inflates the cost of public facilities and expertise to help the community. The cipients; and Summer Youth. The bill ex- and disproportionately impacts poverty exposure to liability in our increasingly liti- pands the list to include individuals who stricken communities which have fewer re- have been chronically unemployed, have few gious society will chill voluntarism to the sources. ∑ assets and have been living for a period of Channels a greater share of federal Com- detriment of all communities. time under the poverty level. munity Development Block Grant monies to III. Alternative flat tax for firms located in the neediest counties and cities. By Mr. HATFIELD (for himself and blighted areas which hire local residents The federal CDBG program was created to Mr. KENNEDY): assist communities with economic and com- Authorizes businesses within enterprise munity development project. Currently, 70 S. 1534. A bill to amend the Public Zones ad Enterprise Communities to replace percent of these grant monies are to be chan- Health Service Act to provide addi- their current tax liability with a 10-percent neled to disadvantaged communities. The tional support for and to expand clin- flat tax option if 50 percent of their employ- bill increases the amount to 75 percent and ees reside within the zone. ical research programs, and for other cuts the percentage allowed for administra- A low flat tax can be a powerful incentive purposes; to the Commission on Labor tive overhead from 20 to 10 percent and calls for businesses to locate within economically and Human Resources. on wealthier communities to cost share distressed areas, and to hire residents of THE CLINICAL RESEARCH ENHANCEMENT ACT OF CDBG grants so that more dollars can flow those communities. 1996 to bricks and mortar projects in needy areas. IV. Investor incentives to attract capital for ∑ TITLE III—EDUCATIONAL CHOICE Mr. HATFIELD. Mr. President, the firms located in blighted areas Quality education is the key to improving proud tradition of American leadership Makes stock dividends from businesses the lives of our youth and helping to break in science and health care has been an within Enterprise Zones and Economic Com- the cycle of poverty. important factor in our international munities non-taxable. Authorizes a federal school voucher pro- stature and our domestic quality of Tax free dividends will spur capital forma- gram within enterprise zones and enterprise tion for businesses which locate in economi- life. This tradition is however vulner- communities. able and may wither if not nurtured. cally distressed communities and employ Empowering parents to send their children residents of high unemployment areas. to the schools that best meet their needs will The CBO predicts that national expend- V. Contracting set-asides for business who hire increase and improve the educational oppor- itures for health will reach the aston- and train economically disadvantaged indi- tunity of Americans who reside within ishing sum of $1,613 billion by the year viduals blighted communities. Educational quality 2000. This an astronomical sum for a Transforms the SBA (8)(a) set-aside pro- will dramatically improve with competition. nation who seemingly can meet its gram from one that provides federal con- The bill would authorize voucher payments health care needs. Investments in bio- tracting set-asides to businesses based on the to families within EZ and EC and would not medical research offer the only reason- race or ethnicity of the owner, to one based redirect or diminish the local funding of area able hope of reducing not only mone- schools. on the economic disadvantage of the busi- tary costs, but, more importantly, ness’ employees. TITLE IV—SAFE STREETS Providing set-aside contracts to businesses human suffering. The gravest threat to quality of life and Biomedical research is commonly located within EZ and EC’s or which hire community redevelopment within blighted economically disadvantaged people will en- areas is violent crime. The streets must be thought of as existing in two spheres. able the federal government to utilize its made safer and victims must be treated com- The first is ‘‘basic’’ research in which purchasing power to help a greater number passionately and justly. fundamental biological principles are of needy people in a more fair and racially Allows counties and cities which have a studied primarily in laboratories using blind manner. high rate of violent crime to retain a higher molecules, cells or animals. The second EDI’s are defined as: (1) individuals who share of federal asset forfeiture proceeds is ‘‘clinical’’ or patient oriented re- live within EZ’s or EC’s, or (2) Individuals under the Racketeer Influence Corrupt Orga- search [POR], in which the scientific who have assets no greater than the ceiling nization (RICO) statutes. allowed for AFDC eligibility; who were not Current law allows local law enforcement principles discovered in the lab are ap- claimed as a dependent for four years pre- agencies which participate in a federal asset plied to patients with disease. To de- ceding the date of their hiring; and whose in- seizure to a percentage of the asset proceeds. termine which of several medicines is come did not exceed the poverty level in the The percentage reflects the level of partici- most effective in curing a cancer, care- year before their hiring nor in three of the pation by the local agency. The bill allows ful comparison of these drugs is nec- four years before their hiring, or (3) Individ- an additional 20 percent of the asset proceed essary in large groups of real people. uals with a dependent; who have assets no to go to communities that are disproportion- To understand which of several dif- greater than the ceiling allowed for AFDC ately affected by violent crime. eligibility; who were not claimed as a de- Authorizes mandatory restitution for cer- ferent types of treatment: medical, sur- pendent for four years preceding the date of tain violent crimes, and increases the federal gical, or nutritional is best in helping their hiring; and whose income did not ex- Crime Victim Fund by increasing fines patients not merely for the short run ceed the poverty level during the year prior against federal felons. but over time, the various treatment

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S503 options must be tried systematically is threefold a relative lack of: people ably less than that for basic research. on real people. The emphasis is on peo- involved in clinical research; an infra- With the proportion of funded pro- ple. We must use the knowledge gained structure to adequately select and sup- posals falling to approximately 25 per- by biomedical research to help people port the best clinical research; and de- cent of submissions the odds of gaining get better. clining fiscal investment in biomedical grant funding are now low enough that Both aspects of biomedical research research overall. young investigators are turning away are essential because they depend upon PEOPLE from clinical research careers. The NIH each other—without the foundation of While the United States continues to has recognized these deficiencies and basic research, clinical research would train large numbers of excellent young has made recommendations to reverse be impossible. For example the current physicians the proportion of those this trend. Implementation however re- successful treatment of sickle cell Ane- choosing careers in clinical research quires more resources. mia which so cruelly strikes young becomes ever smaller. The Association Implementation also requires co- people, had its origins in basic research of American Medical Colleges [AAMC] operation from the community of from the development of chicken em- survey of 1994 medical graduates found health care providers. Many insurance bryos. Medications which modified that only 10 percent of these young companies and managed care plans dis- chicken embryonic cells were found to physicians intended to enter research courage or prevent persons from par- also enable monkeys to manufacture careers. Students enrolled in public ticipating in clinical studies. This lim- certain types of hemoglobin, hemo- medical schools were much less likely its access to potentially helpful thera- globin a component of blood cells nec- to choose research careers than those pies for patients, and inhibits the abil- essary to combat thalassemia and sick- attending private institutions. ity of researchers to find patients to le cell disease. The studies moved from America’s teaching hospitals have of work with and hence make new discov- basic research in chickens to monkeys necessity increased the proportion of eries. Insurers who eventually benefit and finally to clinical research in hu- their income derived from service from from new treatments which by alle- mans leading to a successful therapy 12.2 percent 1971— to 38.5 percent—1988. viating illness lowers costs, must con- for a previously terrible disorder. As a result the proportion of physi- tribute to the process by encouraging Yet despite their mutual importance cians in those institutions who are ac- rather than discouraging patient par- clinical research has failed to receive tive in research has fallen from 40 to 25 ticipation. the support necessary to permit us to percent. This leaves fewer clinicians FUNDING fully benefit from the advances of basic available for instruction of students The level of support for biomedical research. The proposal for a national and fewer investigators for clinical re- research, particularly for the 75 gen- fund for health research which Senator search. eral clinical research centers, has been HARKIN and I have introduced goes a INSTITUTIONS relatively flat over the past 5 years, long way to prevent the possibility of Our medical schools need to increase just barely keeping up with inflation. robbing funds from Peter to pay Paul. their focus on the training of students The resulting increased competition We need more money in the system, for clinical research careers. Fully 58 by more investigators for a piece of an but we also will have a better balance percent of 1994 graduates reported inad- ever smaller pie results in a stagnation between basic and clinical research. equate instruction in research tech- and atmosphere where innovation and The Institute of Medicine has re- niques. Unlike the situation in Ph.D. clinical research is sublimated for cently published an exhaustive report programs for basic research, there is no short term laboratory based projects which concludes that clinical research clear academic pathway into a clinical which produce publishable results is in a state of crisis. A state which if research career. Only 11 percent of phy- quickly. not addressed will result in: a serious sicians in clinical departments are The legislation I and my colleague deficiency of clinical expertise; a pau- principle investigators of NIH grants. Senator KENNEDY are introducing city of effective clinical interventions; This compares unfavorably to 27 per- today, the Clinical Research Enhance- an increase in human suffering and dis- cent rate for Ph.D.’s. As a result there ment Act, will rectify these problems ability; and ultimately an increase in are relatively fewer role models for by: First, establishing a President’s the cost of medical care. young clinical researchers. Research Advisory Panel within the Of- Historically clinical research has re- Our ability to fund new research fice of Science and Technology Policy, sulted in marked improvements in care ideas has not been able to keep pace [OSTP]. This panel will regularly and costs. A $1.2 million investment in with the development of new initia- evaluate the status of clinical research neonatal screening for subnormal thy- tives. It is extremely difficult for in the United States so that we are roid has saved $206 million in treat- young clinical investigators to even ob- continually aware of our progress. It ment costs annually. A $679,000 invest- tain research funding. Only 55 percent will make recommendations for any ment in developing a treatment for re- of all applicants for NIH grants are necessary improvements in clinical re- curring renal stones has resulted in an ever funded. The overall number of re- search and monitor them to ensure estimated savings of $300 million annu- search grant applications has increased that we reach our goals. ally. A multicenter clinical trial of by 42 percent from 14,142 in 1980 to Second, we will increase the involve- interventions in stroke prevention cost 20,154 in 1990. The number of new grant ment of the NIH in clinical research. approximately $4.6 million. Its results applications funded has actually fallen The Director of NIH will establish in- could prevent 20 to 30,000 strokes per by 15 percent from 5,400 in 1989 to 4,600 tramural clinical research fellowship year with an annual savings of $200 in 1990. This is complicated by the fact programs to train clinical researchers. million. All of these and many other that the greatest proportion of re- There will be increases in the number achievements have occurred because of search grants goes to continue funding of FIRST Grants for young investiga- the ability of clinical research to take previously granted awards, 70 percent. tors, and by implementing the rec- knowledge derived from basic research So that ever increasing number of new ommendations of the NIH’s own Clin- to the bedside, bridging the gap be- projects compete with an ever smaller ical Research Study Group improve the tween the laboratory and the patient. pool of resources. merit review process for evaluating ap- Yet despite its clear societal and eco- The emphasis is so heavily weighted plications. nomic benefits, clinical research is in toward basic research that the NIH has Third, we will stabilize the funding of crisis. The amount and proportion of difficulty determining just what pro- general clinical research centers. It is personnel and fiscal resources devoted portion of funded studies are directed within these centers that much of the to clinical research, particularly at the at patients. The Institute of Medicine training of young investigators as well NIH has fallen to levels which place estimates that only 10.4 percent of all as actual clinical research is done. our Nation at a severe disadvantage. NIH funded research is clinical re- Fourth, we will create new opportu- Unable to capitalize on new discov- search. Only 20 percent of grant review- nities for career development in clin- eries, the quality of life of our patients ers are physicians, therefore the exper- ical research. This through the devel- slowly falls as ironically our costs con- tise necessary to critically review clin- opment of clinical research career en- tinue to rise. The nature of this crisis ical research applications is consider- hancement awards, and expansion of

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S504 CONGRESSIONAL RECORD — SENATE January 26, 1996 the Loan Repayment Program for Clin- lowships; Clinical Research Career Enhance- Association of University Professors of ical Researchers. ment Awards; & Innovative Medical Science Ophthalmology. Fifth, we will establish innovative Awards. Association of University Radiologists. medial service awards to stimulate the Section 7—General Clinical Research Cen- Central Society for Clinical Research. Citizens for Public Action on Blood Pres- development of new and creative clin- ters: The Director shall award grants for General Clinical Research Centers to provide sure and Cholesterol, Inc. ical research proposals. the infrastructure for clinical research, Coalition for American Trauma Care. Rectifying the disparagement be- training and enhancement. Expand the ac- Cystic Fibrosis Foundation. tween support of basic and clinical re- tivities of the centers through increased use Department of Orthopaedics/Rehabilita- search will serve to more effectively of telecommunications and telemedicine. Es- tion at the University of New Mexico. promote the types of discoveries that tablish grant programs at the centers. The Department of Pathology and Laboratory we have all come to expect. It is my Director of the National Center for research Medicine at the University of Southern Cali- hope that this proposal for clinical re- Resources shall establish: Clinical Career fornia. Department of Physiology at the Univer- search enhancement is not seen as sim- Enhancement Awards; and Innovative Med- ical Science Awards. sity of Florida College of Medicine. ply another cost of health care, but as Section 8—Clinical Research Assistance: Dystrophic Epidermolysis Bullosa Re- a way, really the only way to eventu- Expand the current Loan Repayment Pro- search Association of America. ally reduce costs both in terms of dol- gram Regarding Clinical Researchers from The Epilepsy Foundation of America. lars and human life. Disadvantaged Backgrounds to include stu- Federation of Behavioral/Psychological I urge my colleagues to join us in dents with heavy debt burdens. Increase the and Cognitive Sciences. supporting legislation to enhance the numbers of awards from 50 to 100. Establish Foundation for Ichthyosis and Related pipeline for clinical researchers. a minority set-aside of 50%. Skin Types. Section 9—Insurance coverage of investiga- General Clinical Research Center Program Mr. President, I ask unanimous con- Directors’ Association. sent that additional material be print- tional treatments: A health plan shall allow individuals when medically appropriate to General Clinical Research Center at the ed in the RECORD. participate in investigational therapy. University of Alabama at Birmingham. There being no objection, the mate- Section 10—Definition: Define ‘‘clinical re- Joint Council of Allergy, Asthma and Im- rial was ordered to be printed in the search’’ as ‘‘patient oriented clinical re- munology. RECORD, as follows: search requiring the participation of a Lupus Foundation of America, Inc. National Alopecia Areata Foundation. THE CLINICAL RESEARCH ENHANCEMENT ACT human subject, or research on the causes and National Caucus of Basic Biomedical OF 1996—SECTION-BY-SECTION SUMMARY consequences of disease in human popu- lations.’’ Science Chairs. Section 1—Short Title: The Clinical Re- National Committee to Preserve Social Se- search Enhancement Act of 1996 curity and Medicare. Section 2—Findings and Purposes: Clinical SUPPORTERS OF HATFIELD CLINICAL RESEARCH National Foundation for Ectodermal research, patient-oriented research requiring BILL (79) Dysplasias. the participation of a human subject, is in Academy of Radiology Research. National Marfan Foundation. decline. Independent studies at the National Alzheimer’s Association. National Osteoporosis Foundation. Research Council, the National Institute of American Academy of Child and Adoles- National Organizations for Rare Disorders, Medicare and the National Academy of cent Psychiatry. Inc. Sciences have all addressed the current prob- American Academy of Dermatology. National Perinatal Association. lems in clinical research. The decline in American Academy of Neurology. National Psoriasis Foundation. young clinical investigators is attributed to American Academy of Ophthalmology. National Tuberous Sclerosis Association. a heavy debt burden, lack of a federal sup- American Academy of Otolaryngology— The Orton Dyslexia Society. port system, and lack of a formal training Head and Neck Surgery. Scleroderma Research Foundation. regime. It is the purpose of this Act to pro- American Association of Anatomists. Society for Academic Emergency Medi- vide for a mechanism to address these prob- American College of Clinical Pharma- cine. lems and a stimulus for physicians to enter cology. Society for Investigative Dermatology. clinical research. American College of Medical Genetics. Society for Neuroscience. Section 3—President’s Clinical Research American Diabetes Association. Society for the Advancement of Women’s Panel: The President shall establish within American Federation for Clinical Re- Health Research. the Office of Science and Technology Policy, search. Society of Medical College Director of Con- a panel, to evaluate the status of the na- American Geriatrics Society. tinuing Medical Education. tional clinical research environment, and American Gastroenterological Association. Society of University Urologists. prepare periodic progress reports to the American Neurological Association. St. Jude Children’s Research Hospital. President. It will be composed of representa- American Nurses Association. The Endocrine Society. tives from clinical research, insurance and American Orthopaedic Association. Tourette Syndrome Association. pharmaceutical companies, health mainte- American Podiatric Medical Association. United Scleraderma Foundation. nance organizations, accreditation and cer- American Society for bone and Mineral Re- University of Alabama at Birmingham. tification organizations, academic research search. administrators and patients. Its members American Society for Clinical Pharma- AMERICAN FEDERATION FOR will be nominated by the President of the In- cology and Therapeutics. CLINICAL RESEARCH, stitute of Medicine. American Society for Therapeutic Radi- January 25, 1996. Section 4—NIH Director’s Advisory Com- ology and Oncology. Hon. MARK HATFIELD, mittee on Clinical Research: The Secretary American Society for Addiction Medicine. Chairman, Committee on Appropriations, of Health and Human Services shall des- American Society of Hematology. U.S. Senate, Washington, DC. ignate the advisory committee established American Society of Human Genetics. DEAR SENATOR HATFIELD: On behalf of the by the Director of NIH. This committee will American Society of Nephrology. American Federation for Clinical Research, I report to the Director and the President’s American Veterinary Medical Association. write in strong support of the ‘‘Clinical Re- Panel. It will review the status of clinical re- Arthritis Foundation. search Enhancement Act.’’ The legislation search within NIH and implement changes as Association for Behavioral Sciences and you are introducing today addresses critical necessary. Medical Education. problems facing our country: the loss of a Section 5—Study Section Review: The Association of Anatomy, Cell Biology and generation of young physician scientists be- President’s Clinical Research Panel shall di- Neurobiology Chairs. cause of medical school tuition debts and rect the Office for Science and Technology to Association of Behavioral Sciences and limited funding opportunities, the loss of our review study section activities of all federal Medical Education Association. international competitiveness in medicine as agencies conducting or funding clinical re- Association of Academic Health Centers. scientists in other nations move ahead to search. Association of American Cancer Institutes. Section 6—Increase the Involvement of the capitalize on basic science discoveries with Association of Medical and Graduate De- National Institutes of Health in Clinical Re- new therapies and products, and the increas- partments of Biochemistry. search: The Director of NIH shall: ing difficulties confronting patients who 1. Increase the number of FIRST grants. Association of Pathology Chairs. wish to participate in clinical research but 2. Design test pilot projects. Association of Professors of Dermatology. are limited by the unwillingness of insurance 3. Establish an intramural clinical re- Association of Program Directors in Inter- companies to cover any investigational search fellowship program at NIH. nal Medicine. therapies. 4. Support and expand resources available Association of Schools of Public Health. The Clinical Research Enhancement Act for the clinical research community. Association of Subspecialty Professors. addresses these problems through the cre- 5. Establish peer review mechanisms to Association of Teachers of Preventive Med- ation of new career development and re- evaluate applications: for Instramural Fel- icine. search programs, the expansion of existing

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S505 NIH loan repayment opportunities for physi- then remain here after their visas ex- unification, imposing new taxes and cian scientist, and mandates on insurance pire. Yet, incredibly, under current law fees on American employers, or hand- companies to expand coverage of investiga- there is no penalty for overstaying ing the Federal Government sweeping tional treatments. Further, the creation of a one’s visa. Moreover, visa overstayers new powers in the workplace.∑ Presidential commission on clinical research are virtually never caught by the INS, will bring to the attention of our nation’s By Mr. THOMPSON: leaders critical obstacles to the advance- so overstaying is for many aliens a ment of medical science. risk-free choice. But the Illegal Immi- S. 1536. A bill to amend title 18, The 11,000 members of the American Fed- gration Control and Enforcement Act United States Code, to permit Federal eration for Clinical Research are in strong would change all this. Persons who firearms licenses to conduct firearms support of this legislation and call on the overstay a visa would be ineligible for business with other such licensees at Congress to pass the Clinical Research En- additional visas for at least 3 to 5 out-of-State gun shows; to the Com- hancement Act before adjourning in the fall. years. Since many visa overstayers mittee on the Judiciary. America has led the world in medical THE FIREARMS DEALERS REGULATORY RELIEF science. The bill you introduce today will hope to reside here legally one day, ACT OF 1996 help to assure that we maintain that leader- this penalty would have a significant ship. deterrent effect. To help catch those Mr. THOMPSON. Mr. President, Sincerely, persons who nevertheless stay here today I am introducing legislation that VERONICA CATANESE, M.D., after their visas expire, the bill would will serve to correct and clarify section President.∑ authorize the addition of 300 new INS 923 of title 18 of the United States Code investigators in each of the next 3 fis- affecting licensed firearms dealers. The By Mr. ABRAHAM: cal years, who would focus exclusively bill amends the United States Code to S. 1535. A bill to strengthen enforce- on visa overstayers. The upshot should permit the 200,000 Federal firearms li- ment of the immigration laws of the be a significant reduction in the num- censees to conduct firearms business United States, and for other purposes; bers of these illegal aliens. with other licensees at out-of-State to the Committee on the Judiciary. Third, the bill would streamline the gun shows. THE ILLEGAL IMMIGRATION CONTROL AND deportation of criminal aliens. Al- This legislation is needed to address ENFORCEMENT ACT OF 1996 though, under current law, aliens con- the problem that federally licensed gun ∑ Mr. ABRAHAM. Mr. President, I in- victed of felonies after entry are de- dealers have when they buy, sell, or troduce the Illegal Immigration Con- portable, they are, in fact, rarely de- trade high-end collector’s arms at out- trol and Enforcement Act of 1996. This ported because of their ability to seek of-State gun shows. Most of these fire- bill would crack down on the problem repeated judicial review of their depor- arms are in the $2,000 to $10,000 range of illegal immigration without retreat- tation order. That would change under and are not the target of illegal arms ing from our historic commitment to the provisions in my bill, which are traffickers. Under current law, when li- legal immigration. stronger than those in the omnibus im- censed dealers meet at an out-of-State There is a broad consensus that ille- migration bill. Under my bill, aliens gun show and conduct business, they gal immigration is a significant prob- who are convicted of serious crimes must return home and ship the fire- lem that demands immediate atten- would simply be deported upon comple- arms via common carrier from their re- tion. But in addressing that problem, tion of their sentences without any fur- spective States of residence. In doing we must not blur the distinction be- ther judicial review of their deporta- so, the dealers take great risk of loss, tween illegal and legal immigrants. tion order. These provisions would theft, or damage and great expense of The overwhelming majority of legal apply to nearly half a million alien fel- shipping and insurance of what may be immigrants are law-abiding, hard- ons currently residing in this country. one-of-a-kind items. working people who make a positive Fourth, my bill would also respond to The Bureau of Alcohol, Tobacco and contribution to our economy and our the pleas of businesses, particularly Firearms, [BATF], has indicated that society. small businesses, who wish to follow they would be willing to work with us An omnibus immigration bill re- the law but whose efforts to do so are ‘‘to enact legislation which will reduce cently reported out of the Judiciary thwarted by the bewildering array of the regulatory burden on the legiti- Subcommittee for Immigration over- documents that, under current law, are mate firearms industry while main- looks this distinction. Rather than acceptable for employment taining adequate controls to combat focus on illegal immigration, the omni- verification. To help these employers, the criminal misuse of firearms.’’ They bus bill would reduce the quotas for the bill would reduce the number of ac- said they would have changed the regu- certain categories of legal immigra- ceptable employment verification to a lations to allow these types of com- tion, eliminate other categories alto- relative handful of documents familiar merce if not for the prohibitions that gether, and impose stifling new taxes to all employers. they interpret to be in the law. I wel- and red tape on American businesses Finally, Mr. President, the bill I in- come this spirit of cooperation. that employ talented immigrants. The troduce today also includes important This bill would make Congress’ in- omnibus bill would also burden every welfare reforms similar to those in tent clear to the BATF that Federal American worker and business with a H.R. 4, the bill that was sent to the firearms license holders are not the new national-identification system President and vetoed. Like H.R. 4, my source of illegal gun trafficking. Fed- that would vastly expand the power of bill would deny Federal means-tested eral firearms license [FFL] holders are the Federal Government in the work- benefits like welfare, food stamps, and already closely regulated by the Bu- place. SSI to illegal aliens and sharply re- reau as legitimate businesses. If a per- The bill I introduce today has a more strict the eligibility of legal aliens to son is responsible enough to obtain a targeted approach. First, the bill aims receive these benefits. Unlike the om- Federal firearms license in Tennessee, to take back control of our borders. It nibus bill reported out of the Judiciary then he is responsible enough to con- would nearly double the number of bor- Subcommittee for Immigration, how- duct business in Kentucky, North Caro- der patrol agents, adding 900 such ever, my bill would not continue to lina, or California. The BATF already agents for each of the next 5 fiscal apply these provisions to immigrants recognizes this fact but, because of the years. It would provide new equipment who become citizens of the United way the current law is written, it and support personnel for these agents. States. In my view, we should not cre- must, nonetheless, enforce the byzan- And it would significantly increase the ate classes of American citizens for tine route to conduct business. criminal penalties for the practice of this purpose. All those concerned by the illegal use smuggling aliens across our border. In summary, Mr. President, we need of firearms should support this bill, as Second, the bill would for the first to focus our efforts on those areas direct transfer of firearms will improve time address the problem caused by where the real problem lies. By doing the atmosphere ensuring that all guns persons who overstay their visas. Ac- so, my bill would address our legiti- will be recorded on dealers’ books, cording to the INS, roughly half of all mate concerns about illegal immigra- thereby providing law enforcement illegal aliens enter the United States tion and welfare abuse without aban- agencies the records they need when with legal, nonimmigrant visas and doning our commitment to family re- firearms are used illegally.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S506 CONGRESSIONAL RECORD — SENATE January 26, 1996 This bill has the support of the Col- CA; Port Everglades, FL; Hartford IL; groundwater contamination will inevi- lector Arms Dealer’s Association which Granger, IN; Cattlettsburg, KY; Char- tably lead to surface water contamina- represents 50,000 gun dealers and col- lotte, NC; Sparks, NV; Paulsboro, NJ; tion. lectors. Syracuse, NY; Greensboro, NC; Ponca While the extent of injuries is un- City, OK; Philadelphia, PA; known, the 1995 GAO study reported By Mr. ROBB (for himself, Mr. Spartanburg, SC; Austin, TX; and Ta- DASCHLE, and Mr. SIMPSON): that most injuries to human beings coma, WA. from exposure to oil have occurred as a S. 1537. A bill to require the Adminis- At least five involve releases larger result of inhaling its vapors. Effects on trator of the Environmental Protection than the Exxon Valdez oil tanker catas- humans from exposure to petroleum in- Agency to issue a regulation that con- trophe. solidates all environmental laws and Whereas the Exxon Valdez spilled clude everything from lethargy, dizzi- health and safety laws applicable to some 11 million gallons of oil, above- ness, and convulsions to coma, blood the construction, maintenance, and op- ground tanks in El Segundo, CA have cancers (such as leukemia) and gener- eration of aboveground storage tanks, released between 84 and 252 million gal- alized suppression of the immune sys- and for other purposes; to the Com- lons. tem from chronic exposure by inhala- mittee on Environment and Public In Martinez, CA, 28 million gallons tion. Works. have been released. And we know now that these threats THE ABOVEGROUND STORAGE TANK CONSOLIDA- A Tulsa, OK facility has released be- present unique challenges for sensitive TION AND REGULATORY IMPROVEMENT ACT tween 25 and 28 million gallons, and a ∑ subpopulations such as infants, preg- Mr. ROBB. Mr. President, I introduce Whiting, IN facility released 17 million nant women, the elderly, and those legislation to address an important gap gallons. with AIDS and other debilitating dis- in Federal environmental law: The reg- In Brooklyn, NY, residents are sit- eases. ulation of underground releases from ting on top of a 13 to million gallon re- aboveground storage tanks. lease. What is astounding is that where un- With this bill, we have an oppor- According to the Environmental De- derground storage tanks are highly tunity to work together with both in- fense Fund [EDF], between 20 and 25 regulated by a comprehensive Federal dustry and environmental groups to re- percent of AST’s nationwide and their program, aboveground storage tanks, form the Federal AST—aboveground associated piping are likely to be leak- used to store some 100 billion gallons of storage tank—program, reduce the reg- ing. A July 1994 American Petroleum oil nationwide, are only loosely regu- ulatory burden on industry, and im- Institute industry survey showed that lated by a patchwork of confusing Fed- prove the environment. Following ef- over 85 percent of monitored refining eral regulations. In many cases, State forts in the 103d Congress to improve and marketing facilities have con- fire codes regulate AST’s. the safety of AST’s, I am introducing firmed ground water contamination; of State authorities are beginning to the Aboveground Storage Tank Con- the facilities with ground water con- take notice of the leaking AST prob- solidation and Regulatory Improve- tamination, a high percentage have off- lem, but only 20 States have regula- ment Act. site contamination—44 percent of refin- tions on the books, and only 5 of these For the past 6 years, those of us who eries, at least 35 percent of marketing currently require genuine secondary live in northern Virginia have received facilities, and 27 percent of transpor- an education on just how flawed the containment, such as a double bottom tation facilities. or liner under a tank or piping. current Federal law is. A 1995 General Accounting Office In September 1990, a petroleum sheen Unfortunately, State programs vary [GAO] study on aboveground oil stor- was discovered in a neighborhood creek widely and present problems for tank age tanks that I requested, reported in the Mantua-Stockbridge community owners with multistate operations. that EPA has found leaks typically in Fairfax County, VA. This is an enormous problem today; It was the beginning of a continuing originate from the bases of tanks and it will likely continue to grow as nightmare for a number of local resi- where contact with soil causes corro- storage tank owners seek to exploit the dents, who have had to live with the sion; from underground piping; and gaps in current Federal law by acquir- knowledge that more than 200,000 gal- from overflows associated with the lons of petroleum product-diesel oil, jet transfer of stored product. ing AST’s over the more highly regu- fuel and gasoline has leaked from the On the basis of age, the likelihood of lated underground storage tanks. nearby Pickett Road tank farm. developing corrosion leaks, and leak According to a January 1993 survey The exact size of the leak, and its detection thresholds, EPA’s prelimi- conducted by the Steel Tank Institute, precise causes, are still unknown. What nary estimates show that AST’s with a new tank purchases of aboveground we have seen however, is the fallout: storage capacity in excess of 42,000 gal- tanks are running ahead of under- negative health effects, environmental lons could be leaking between 43 mil- ground tanks by a 5:2 ratio. And ac- damage, and needless losses of millions lion and 54 million gallons of oil annu- cording to many State regulators and of dollars. Some residents were tempo- ally. industry experts, this trend is con- rarily relocated, others have simply Because petroleum contracts and ex- tinuing into the future. pands as temperatures vary, it is often moved, and still others continue to live This is troublesome from an environ- with a cloud over their heads. All of difficult to detect leaks. And because petroleum is relatively cheap, it is mental standpoint, and also from a fire these residents are still wondering safety perspective since aboveground when the Federal Government will often less expensive to allow a known leak to continue than to interrupt op- tanks pose a much greater risk of fire move to address the issue of leaking hazard than underground tanks. aboveground storage tanks. erations and make a repair. To date, Star Enterprise, a Texaco Because AST leaks are often slow In 1989, the GAO conducted a study of affiliate, has expended in excess of $100 and underground, they frequently do inland oil spills and found existing laws million in remediation costs, real es- not receive the attention of the big oil deficient. In its report GAO proposed tate transactions, settlement of tanker catastrophes, but are nonethe- seven recommendations to EPA that if claims, and compliance with new State less dangerous. implemented, would improve the safety AST requirements. Petroleum releases can present seri- of aboveground oil storage tanks. Fairfax County has had to spend ous health, safety, and environmental In 1995, Senator DASCHLE, Represent- $500,000 to provide enforcement, over- risks. Petroleum, including gasoline, ative MORAN, and I asked GAO to in- contains extremely toxic compounds, sight and community relations regard- vestigate the progress of EPA’s imple- ing the Pickett Road tank farm inci- like benzene. A plume of petroleum product can mentation of the recommendations. dent. This report found that overall EPA has Unfortunately, problems with leak- seep into basements and sewers, reach- failed to implement or take any action ing AST’s are not restricted to north- ing toxic levels and causing explosions on the majority of the recommenda- ern Virginia. Across the Nation, there and the threat of fire. tions. are hundreds of similar leaks from In addition, leaking AST’s can per- aboveground petroleum storage tanks. manently contaminate groundwater, a At the most elementary level, cur- Major petroleum releases have oc- source of drinking water for more than rent law does not even require com- curred in Anchorage, AK; Torrance, half the Nation. And in many cases, prehensive data collection or reporting

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S507 to know exactly how many above- Require EPA to consolidate and ground Storage Tank Consolidation ground storage tanks are leaking. streamline the current AST program. and Regulatory Improvement Act into In the 103d Congress, I sponsored leg- These steps will eliminate duplicative law. islation that would have established a and conflicting regulations, create a The County of Fairfax, VA, has re- comprehensive regulatory program for user-friendly aboveground storage tank cently voted to endorse this bill be- AST’s and I cosponsored legislation of- program and promote prevention meas- cause it is convinced that this legisla- fered by the distinguished Senator ures such as secondary containment tion is necessary to prevent or reduce from South Dakota, Senator DASCHLE, and corrosion protection; the impact of similar releases of petro- to regulate the estimated 800,000 to After consolidation, the bill allows leum in the future. I have a letter of 900,000 petroleum aboveground tanks, EPA to correct gaps in the regulation support for the bill from the Fairfax nationwide. of large—42,000 gallons and above— County Board of Supervisors and I re- Residents in Senator DASCHLE’s home aboveground petroleum tanks and en- quest unanimous consent that it be in- State were victims in 1987 of a disas- courage prevention with narrow regu- cluded in the RECORD. trous 20,000-gallon leak in which an ele- lations based on industry standards I look forward to working with my mentary school had to be evacuated and cost-benefit analysis; and Senate colleagues and with the chair- and abandoned after vapors began fil- Require reporting of releases and man of the relevant congressional com- tering up into the building. give limited emergency powers to the mittees to make this legislation a re- AST’s are largely unregulated by EPA Administrator to better assist ality. Federal law; no single statute fully ad- tank owners and operators with speed- Mr. President, I ask unanimous con- dresses prevention and cleanup of pe- ier cleanups. sent that additional material be print- troleum releases. Should a petroleum release occur, ed in the RECORD. The legislation I am introducing the bill gives EPA the authority to There being no objection, the mate- today in the Senate, and will be intro- close the troublesome part of the stor- rial was ordered to be printed in the duced by Representatives JIM MORAN age tank facility, prohibiting further RECORD, as follows: and TOM DAVIS in the House, takes a operation until the Administrator de- S. 1537 new approach to dealing with leaking termines that the closure is not nec- Be it enacted by the Senate and House of Rep- AST’s, but maintains the goal of im- essary to protect human health, public resentatives of the United States of America in proving the safety of aboveground stor- safety, or the environment. Congress assembled, That is to say, after a release, the age tanks. SECTION 1. SHORT TITLE. burden shifts to the tank owner to This Act may be cited as the ‘‘Above- The problem of leaking AST’s has cease operations until it can prove ground Storage Tank Consolidation and Reg- been gaining national attention. In the there is no ongoing threat. ulatory Improvement Act’’. last 5 years, EPA has conducted studies The citizens in Fairfax were outraged SEC. 2. FINDINGS. and consulted with industry experts to when told that EPA lacked such au- Congress finds that— better define the causes of AST leaks thority; this bill provides it. These pro- (1) improvement of Federal regulation of of petroleum; more States have begun visions are essential to provide predict- aboveground storage tanks will lead to to contemplate AST programs; and the greater prevention and containment of re- ability and peace of mind to residents leases from aboveground storage tanks and petroleum industry has recently issued living near large aboveground storage standards for aboveground storage improvement of the environment; tanks that store petroleum. (2) the Administrator of the Environ- tanks. With reform of the Federal program mental Protection Agency has not fully im- In developing Federal legislation for it is estimated that $17.4 billion in sav- plemented any of the 7 recommendations the 104th Congress we moved away ings will result from reduced leak made in the 1989 report of the General Ac- from the idea of a comprehensive regu- cleanup costs, saved petroleum prod- counting Office on inland oil spills; latory program for aboveground stor- uct, and decreased costs associated (3) consolidation of Federal aboveground age tanks. Instead, the bill seeks to en- with compensating affected residents. storage tank provisions will lead to sim- hance, not duplicate efforts undertaken This bill has been developed with the plification of the regulatory program and will allow the Administrator to eliminate by States and the petroleum industry guidance and support of a diverse coali- to improve AST safety. duplication and conflicting aboveground tion of industry and environmental storage tank regulations; and There is a patchwork of AST regula- groups because it is a common sense (4) in order to promote environmental pro- tions and no less than five Federal of- proposal to regulatory reform. tection, aboveground storage tank secondary fices with AST responsibilities. This is Although the bill could easily be in- containment structures should meet a min- confusing to tank owners, costly to corporated into Clean Water Act reau- imum permeability standard. taxpayers and harmful to the environ- thorization or Superfund reform legis- SEC. 3. PURPOSES. ment. lation, I think the problem is of suffi- The purposes of this Act are— Tank owners and operators need to cient magnitude that the bill can and (1) to promote protection of the environ- ment; have clear, concise guidance on how to should move on its own. With the bill’s comply with Federal regulations. (2) to streamline the offices in the Environ- broad support, I don’t see a need to mental Protection Agency and other depart- This new legislative proposal re- have it hung up in the complexity of ments and agencies that administer laws places the need for comprehensive re- reauthorization of the larger environ- governing aboveground storage tanks and form; instead, it improves the organi- mental statutes. underground storage tanks; zation of the current program and al- It is my hope that the introduction (3) to consolidate the laws governing lows EPA to do more with less, while of this legislation today will help move aboveground storage tanks and eliminate du- permitting tank owners the oppor- this issue forward. plicative regulations; and tunity to embrace the newly developed I would like to thank Senators (4) to encourage release prevention and fire protection measures in the operation of industry standards. DASCHLE and SIMPSON for their leader- aboveground storage tanks. Reform in the Federal program will ship on this issue. As original cospon- SEC. 4. DEFINITIONS. improve the effectiveness of current sors, they have contributed greatly to In this Act: regulations, lead to greater prevention my effort to reach consensus on this (1) ABOVEGROUND PETROLEUM STORAGE and containment of releases from issue. TANK.—The term ‘‘aboveground petroleum AST’s and improve the environment. We have tried to offer a more tar- storage tank’’— Prevention is the key to avoiding geted version of earlier legislation, (A) means an aboveground storage tank costly and damaging petroleum re- which will impose less cost on business, that— leases. and pose less political obstacles, but (i) has a capacity of 42,000 gallons or more; Specifically, the bill will: still get to the heart of the problem: and Consolidate all of the Federal offices (ii) is or was at any time used to contain The large marketing and refining fa- any accumulation of a regulated petroleum responsible for AST regulation into one cilities which hold the potential for en- substance; but office at EPA. This will increase effi- vironmental catastrophe. (B) does not include an aboveground stor- ciency and improve organization at In closing, Mr. President, I think the age tank that is used directly in the produc- EPA; time has come to write the Above- tion of crude oil or natural gas.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S508 CONGRESSIONAL RECORD — SENATE January 26, 1996

(2) ABOVEGROUND STORAGE TANK.—The term (A) petroleum; and propriations, authorizations, allocations, ‘‘aboveground storage tank’’— (B) a petroleum-based substance comprised and other funds employed, used, held, arising (A) means a stationary tank, including un- of a complex blend of hydrocarbons derived from, available to, or to be made available in derground pipes and dispensing systems con- from crude oil through processes of separa- connection with the functions transferred by nected to the stationary tank within the fa- tion, conversion, upgrading and finishing, subsection (b) (2) and (3); and cility in which the stationary tank is lo- such as a motor fuel, jet fuel, distillate fuel (2)(A) the personnel employed in connec- cated, that is or was at any time used to con- oil, residual fuel oil, lubricant, petroleum tion with those functions; or tain an accumulation of a regulated sub- solvent, or used or waste oil. (B) the amount of unexpended balances of stance, the volume of which tank (including (10) REGULATED SUBSTANCE.—The term appropriations necessary to enable the Ad- the volume of all piping within the facility) ‘‘regulated substance’’ means— ministrator to employ persons in the number is greater than 90 percent above ground; and (A) a substance (as defined in section 101 of of full time equivalent positions as the per- (B) includes any tank that is capable of the Comprehensive Environmental Response, sons employed in connection with those being visually inspected; but Compensation, and Liability Act of 1980 (42 functions on the day before the date of en- (C) does not include— U.S.C. 9601)), but not including a substance actment of this Act, (i) a surface impoundment, pit, pond, or la- that is regulated as a hazardous waste under as determined by the Director of the Office goon; subtitle C of the Solid Waste Disposal Act (42 of Management and Budget, in consultation (ii) a storm water or wastewater collection U.S.C. 6921 et seq.); and with the Administrator, the Secretary of system; (B) a regulated petroleum substance. Labor, and the Secretary of Transportation. (iii) a flow-through process tank (including (11) UNDERGROUND STORAGE TANK.—The SEC. 6. CONSOLIDATION OF APPLICABLE LAWS. a pressure vessel or process vessel and oil term ‘‘underground storage tank’’ has the and water separators); (a) RESTATEMENT IN CONSOLIDATED FORM.— meaning stated in section 9001 of the Solid (1) IN GENERAL.—Not later than 3 years (iv) an intermediate bulk container or Waste Disposal Act (42 U.S.C. 6991). similar tank that may be moved within a fa- after the date of enactment of this Act, the SEC. 5. CONSOLIDATION OF OFFICES. cility; Director, in consultation with the States, (a) OFFICE OF STORAGE TANKS.— (v) a tank that is regulated under the Sur- shall evaluate all laws (including regula- (1) ESTABLISHMENT.—The Office of Under- face Mining Control and Reclamation Act of tions) administered by the Director and, 1977 (30 U.S.C. 1201 et seq.); ground Storage Tanks of the Environmental after notice and opportunity for public com- (vi) a tank that is used for the storage of Protection Agency is redesignated and estab- ment, issue a regulation that restates those products regulated under the Federal Food, lished as the Office of Storage Tanks. laws in consolidated form and streamlines, Drug, and Cosmetic Act (21 U.S.C. 301 et (2) DIRECTOR.—The Office shall be headed to the extent practicable, the application of seq.); by a Director appointed by the Adminis- those laws to owners and operators of above- (vii) a tank (including piping and collec- trator. ground storage tanks and underground stor- tion and treatment systems) that is used in (3) FUNCTIONS.—The Director shall per- age tanks. the management of leachate, methane gas, form— (2) INTENT OF CONGRESS.—In directing the or methane gas condensate, unless the tank (A) the functions that were vested in the Director in paragraph (1) to restate the laws is used for storage of a regulated substance; Director of the Office of Underground Stor- in consolidated form, it is not the intent of (viii) a tank that is used to store propane age Tanks on the day before the date of en- Congress to direct or authorize the Director gas; actment of this Act; and to modify the requirements of those laws in (ix) any other tank excluded by the Admin- (B) the functions transferred to the Direc- any way, except as necessary or appropriate istrator by regulation issued under this Act; tor (or to the Administrator, acting through to eliminate any duplication or inconsist- or the Director) by subsection (b). encies or to reduce any unnecessary regu- (x) any pipe that is connected to a tank or (b) TRANSFERS OF AUTHORITY.— latory burdens and except as provided in sub- other facility described in this subparagraph. (1) INTRA-AGENCY TRANSFERS.—There are sections (b), (c), and (d). (3) ADMINISTRATOR.—The term ‘‘Adminis- transferred to the Director all of the au- (b) MODEL FIRE CODES.—The regulation trator’’ means the Administrator of the En- thorities of the following officers of the En- under subsection (a) shall be consistent with vironmental Protection Agency. vironmental Protection Agency, insofar as and based on the model fire codes, as in ef- (4) DIRECTOR.—The term ‘‘Director’’ means the authorities relate to the regulation of fect on the date of enactment of this Act or the Director of the Office. aboveground storage tanks and underground as they may be amended. (5) ENVIRONMENTAL LAW.—The term ‘‘envi- storage tanks under the environmental laws: (c) RELEASES.— ronmental law’’ means 1 of the following (A) The Assistant Administrator for Air. (1) REPORTING REQUIREMENTS APPLICABLE statutes (and includes a regulation issued (B) The Assistant Administrator for Water. TO ALL ABOVEGROUND STORAGE TANKS.—The under any such statute): (C) The Director of the Office of Emer- regulation under subsection (a) shall require (A) The Clean Air Act (42 U.S.C. 7401 et gency and Remedial Response. that an owner or operator of an aboveground seq.). (D) Any other officer to whom the Admin- storage tank shall report a release of 42 gal- (B) The Comprehensive Environmental Re- istrator has delegated authority. lons or more of a regulated substance that sponse, Compensation, and Liability Act of (2) TRANSFER FROM THE SECRETARY OF occurs during a period of time specified by 1980 (42 U.S.C. 9601 et seq.). LABOR.—There are transferred to the Admin- the director, not to exceed 5 calendar days, (C) The Federal Water Pollution Control istrator, acting through the Director, all of including a description of the corrective ac- Act (33 U.S.C. 1251 et seq.). the authorities of the Secretary of Labor, tion taken in response to the release, to the (D) The Oil Pollution Act of 1990 (33 U.S.C. acting through the Assistant Secretary for national response center established under 2701 et seq.). Occupational Safety and Health, insofar as the Federal Water Pollution Control Act (33 (E) The Solid Waste Disposal Act (42 U.S.C. the authorities relate to the regulation of U.S.C. 1251 et seq.), unless the release is re- 6901 et seq.). aboveground storage tanks and underground quired to be reported, and is reported, under (F) Any other statute administered by the storage tanks under the Occupational Safety other Federal law. Administrator. and Health Act of 1970 (29 U.S.C. 651 et seq.) (2) ORDERS APPLICABLE TO ABOVEGROUND (6) MODEL FIRE CODE.—The term ‘‘model and section 126 of the Superfund Amend- STORAGE TANKS.—After a release from an fire code’’ means— ments and Reauthorization Act of 1986 (Pub- aboveground storage tank containing a regu- (A) fire code 30 or 30–a issued by the Na- lic Law 99–499; 29 U.S.C. 655 note). lated substance that is determined to be an tional Fire Protection Association; (3) TRANSFER FROM THE SECRETARY OF imminent threat to human health, public (B) the fire code issued by the Uniform TRANSPORTATION.—There are transferred to safety, or the environment, the Adminis- Fire Code Institute; the Administrator, acting through the Direc- trator may issue an order prohibiting the use (C) the fire code issued by the Southern tor, all of the authorities of the Secretary of or operation of all or any portion of a stor- Building Code Congress International; or Transportation, acting through the Adminis- age tank farm within a facility in which the (D) the fire code issued by the Building Of- trator for Research and Special Programs, aboveground petroleum storage tank is lo- fices and Code Administrators International. acting through the Associate Administrator cated, until the Administrator determines (7) OFFICE.—The term ‘‘Office’’ means the for Pipeline Safety and the Associate Admin- that— Office of Storage Tanks established by sec- istrator for Hazardous Materials Technology, (A) the prohibition is not necessary to pro- tion 5(a). insofar as the authorities relate to the regu- tect human health, public safety, or the en- (8) PETROLEUM.—The term ‘‘petroleum’’ lation of aboveground storage tanks and un- vironment; or means— derground storage tanks under chapter 601 of (B) adequate corrective action has been (A) crude oil; and title 49, United States Code. taken, in accordance with the law regulating (B) any fraction of crude oil that is liquid (c) TRANSFER AND ALLOCATIONS OF APPRO- corrective action that is in effect on the date at standard conditions of temperature and PRIATIONS AND PERSONNEL.—There are trans- on which the determination is made. pressure (60 degrees Fahrenheit and 14.7 ferred to the Environmental Protection (d) CORRECTION OF DEFICIENCIES IN THE LAW pounds per square inch absolute). Agency, in accordance with section 1531 of APPLICABLE TO ABOVEGROUND PETROLEUM (9) REGULATED PETROLEUM SUBSTANCE.— title 31, United States Code— STORAGE TANKS.— The term ‘‘regulated petroleum substance’’ (1) the assets, liabilities, contracts, prop- (1) ADDITIONAL AUTHORITY.—In addition to means— erty, records, and unexpended balances of ap- the authority transferred to the Director by

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S509 section 5(b), the Director shall have author- ening oversight and enforcement, as well as section 457 to eligible group medical ity to issue, and shall include in the regula- to improve upon the development of regula- practices. It would increase the dollar tion under subsection (a), release detection, tions for those facilities. We believe that the limitations for members and employees prevention, and correction regulations appli- legislation as proposed has the potential to of those practices from the limitations cable to owners and operators of above- positively impact the organization and focus ground petroleum storage tanks, as nec- of responsibilities and authorities pertinent of section 457(c)(2). essary to protect human health and the envi- to the regulation of storage tanks. I believe that this change in law ronment. Fairfax County is home to more than 20,000 would be good public policy. With flexi- (2) CORRECTION OF DEFICIENCIES.—In con- commercial and residential aboveground and bility to offer reasonable deferred com- ducting the evaluation of laws and issuing underground storage tanks. During the last pensation packages, these clinics can the regulation under subsection (a), the Di- several years the County has had first-hand continue to recruit and retain the high rector shall— experience with the potential impacts these quality individuals whose training, (A) determine whether there are any defi- facilities pose on public health, safety, and skills, and experience are crucial to the ciencies in the law applicable to above- the environment. It has become evident to ground petroleum storage tanks on the day the County that more focused, concise, and patient population they serve. before the date of enactment of this Act, spe- adequate oversight is required to both pre- An important way to encourage phy- cifically with reference to secondary con- vent and correct potential problems associ- sician groups and other medical profes- tainment, overfill prevention, testing, in- ated with storage tank facilities. This view sionals to continue to organize in a spection, compatibility, installation, corro- is supported by the County’s experiences not-for-profit status. However, current sion protection, and structural integrity of with the hundreds of leaking underground law provides for disincentives for this aboveground petroleum storage tanks; and storage tanks and the more notable problems not-for-profit status. This legislation (B) if the Director determines that any of the Fairax Bulk Petroleum Terminal re- would remove these obstacles. such deficiencies exist— lease in which over 189,000 gallons of petro- Mr. President, companion legislation leum was discharged into the groundwater (i) examine industry standards that ad- has already been introduced in the dress the deficiencies; traveling into the neighboring Mantua/ (ii) give substantial weight to industry Stockbridge residential community. The House. I urge the Senate Finance to standards in formulating the regulations re- proposed legislation provides the potential carefully review the issues that we quired by paragraph (1); and for a more focused approach which might raise in this legislation and I urge my (iii) design the regulation in the most cost- prevent or reduce the impact of similar colleagues to join me in support of this effective manner to address the deficiencies. events in the future. measure.∑ (e) ENFORCEMENT.— On behalf of the citizens of Fairfax County, ∑ Mr. GORTON. Mr. President, today the Board of Supervisors urges the members (1) IN GENERAL.—The regulation under sub- Senator GLENN and I are introducing a of Congress to seriously consider the benefits section (a) shall make clear the statutory limited, but important piece of legisla- enforcement provisions and other statutory of the proposed legislation. ‘‘The Above- provisions that apply to each provision of ground Storage Tank Consolidation and Reg- tion. This legislation will provide a so- the regulation. ulatory Improvement Act of 1995’’ and pro- lution to a vexing problem that afflicts (2) ADDITIONAL AUTHORITY.—Any provision vide the appropriate support to ensure its en- many of the most distinguished not- of the regulation under subsection (c) or (d) actment during the current legislative ses- for-profit group medical practices in that implements authority conferred by this sion. If the County or its staff can be of fur- this country, such as Virginia Mason Act in addition to authority under law in ef- ther assistance with this matter, please do Clinic in Seattle, the Mayo Clinic in fect on the day before the date of enactment not hesitate to contact me. Your consider- Rochester, and the in of this Act shall be enforced under and in ac- ation of the County’s position is appreciated. Sincerely, Cleveland. cordance with the procedures stated in sec- Our Nation’s not-for-profit medical tion 9006 of the Solid Waste Disposal Act (42 KATHERINE K. HANLEY, U.S.C. 6991e). Chairman.∑ practices, which include teaching hos- SEC. 7. REPORTS. pitals, community clinics, and inte- (a) INTERIM REPORT.—Not later than 2 By Mr. GLENN (for himself and grated health systems, perform essen- years after the date of enactment of this Mr. GORTON): tial public services. They provide sig- Act, the Director shall submit to Congress a S. 1538. A bill to amend the Internal nificant charity care to our Nation’s report describing the progress made and any Revenue Code of 1986 to provide for the poor and elderly, offer some of the fin- tentative conclusions drawn in the evalua- treatment of excess benefit arrange- est medical education and training in tion process under section 6(a)(1). ments for certain tax-exempt group the world, and are acknowledged lead- (b) FINAL REPORT.—Simultaneously with medical practices, and for other pur- ers in medical research. Furthermore, the issuance of the regulation under section poses; to the Committee on Finance. 6(a)(1), the Director shall submit to Congress not-for-profits perform these public a final report that— GROUP MEDICAL PRACTICES LEGISLATION services while maintaining a well-de- (1) describes the evaluation made and the ∑ Mr. GLENN. Mr. President, our Na- served, international reputation for regulation issued under section 6(a)(1); and tion’s few nonprofit medical practices medical excellence. (2)(A) states the extent to which the regu- have a well-deserved, international Despite their excellent delivery of es- lation implements the recommendations reputation for medical excellence. sential medical services, tax laws re- made in the 1989 report of the General Ac- Among those prestigious institutions is strict not-for-profit group medical counting Office on inland oil spills and the the Cleveland Clinic, considered one of practices from offering their medical 1995 report of the General Accounting Office professionals a level of deferred com- on the status of the Environmental Protec- the world’s finest medical facilities. tion Agency’s efforts to improve the safety The Cleveland Clinic and other out- pensation that is competitive with that of aboveground storage tanks; and standing facilities such as the Virginia available to physicians in the for-profit (B) to the extent that the consolidated reg- Mason Clinic in Seattle, WA, and the sector. These limits on deferred com- ulation does not implement the rec- Mayo Clinic in Rochester, MN, provide pensation exist even though medical ommendations, describes the Director’s significant charity care, offer out- professionals in nonprofit practices al- plans regarding the recommendations. standing medical education and train- ready sacrifice substantial personal ing, lead in medical research and are benefits and competitive salaries in COMMONWEALTH OF VIRGINIA, deeply involved in community service. order to serve the most needy in their COUNTY OF FAIRFAX, Fairfax, VA, January 25, 1996. However, compensation rules for non- communities. This sacrifice on the part Hon. CHARLES S. ROBB, profit employers—including teaching of nonprofit physicians has potentially U.S. Senate, Russell Senate Office Building, hospitals, community clinics, and inte- damaging repercussions for society Washington, DC. grated health systems, are governed by when physicians leave the nonprofit DEAR CHUCK ROBB: Fairfax County is aware stringent limits on reasonable com- sector for the benefits of the private that legislation entitled ‘‘The Aboveground pensation which do not apply to physi- sector. Storage Tank Consolidation and Regulatory cians in private practice or in the for- Today, we seek to remove some of Improvement Act of 1995’’ is to be introduced profit sector. the disincentive that exist for medical in the in the very Today I am introducing along with professions to enter into the nonprofit near future. It is the County’s impression that this bill is designed to consolidate au- the distinguished Senator from Wash- area of health care. The bill we are in- thorities and regulatory functions associated ington [Mr. GORTON], legislation to troducing amends the Internal Revenue with both aboveground and underground amend the Internal Revenue Code to Code to provide a limited exemption storage tanks for the purpose of strength- provide a limited exemption from IRC from IRC section 457 to eligible group

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S510 CONGRESSIONAL RECORD — SENATE January 26, 1996 medical practices. This amendment today the Los Caminos del Rio Na- others in passing this legislation to would increase the dollar limitations tional Heritage Area Act of 1996. This designate Los Caminos del Rio as a Na- for members and employees of those act will designate the Lower Rio tional Heritage Area, to establish practices, index the deferred amount Grande as a congressionally authorized guidelines for the designation of other for inflation, and exempt eligible med- national heritage area, thereby recog- such areas, and to offer security for ical group practices from limitations of nizing the unique and binational im- owners of private property within such section 457(c)(2). portance of the Lower Rio Grande re- areas.∑ By providing nonprofit, teaching, gion. medical centers the ability to offer de- The Los Caminos del Rio National By Mr. HATCH: ferred compensation packages to their Heritage Area Act of 1996 recognizes S. 1540. A bill to amend chapter 14 of professions at levels that are competi- the special importance of the Lower title 35, United States Code, to pre- tive with the for-profit sector, our non- Rio Grande region as a living historical serve the full term of patents; to the profit medical centers will be able to legacy of the United States and Mex- Committee on the Judiciary. recruit and retain the caliber of indi- ico. Los Caminos del Rio will create THE FULL PATENT TERM PRESERVATION ACT OF viduals whose training skills, and ex- partnerships between public and pri- 1996 pertise are crucial to the often inner- vate entities to finance projects and Mr. HATCH. Mr. President, I am city or rural patients they serve.∑ initiatives throughout the Lower Rio pleased to rise today to introduce S. Grande while requiring local govern- 1540, the Full Patent Term Preserva- By Mrs. HUTCHISON: ments and private entities to share tion Act of 1996. Very simply stated, S. 1539. A bill to establish the Los Ca- costs with the Federal Government. this legislation will allow the Patent minos del Rio National Heritage Area Furthermore, it will promote coopera- and Trademark Office [PTO] to restore along the Lower Rio Grande Texas- tion between Mexico and the United patent term in cases in which patent Mexico border, and for other purposes; States while enhancing the economies life has been shortened due to unusual to the Committee on Energy and Nat- of the many Rio Grande communities. and unavoidable administrative delay. ural Resources. Mr. President, in a time of fiscal con- I wish to commend the majority lead- THE LOS CAMINOS DEL RIO NATIONAL HERITAGE straints, national heritage areas are er, my good friend from Kansas, for AREA ACT OF 1996 fiscally sound, budget-conscious alter- first bringing this matter to my atten- ∑ Mrs. HUTCHISON. Mr. President, natives to the traditional national tion. I share Senator DOLE’s concern along the Lower Rio Grande from La- park designation. That is why Senator that patent term not be eroded due to redo, TX to the Gulf of Mexico, are BEN NIGHTHORSE CAMPBELL has intro- unusual delays in evaluating patent ap- found resources of immense economic, duced legislation to encourage such plications by the PTO. The recent natural, scenic, historical, and cultural partnerships as an alternative to the adoption of the new 20 year from time value. On both the United States and traditional national park designation of filing patent term has created a need Mexican sides of the Rio Grande, im- and why I am now introducing the Los for legislation to address the issues portant historical themes and re- Caminos del Rio National Heritage giving rise to the Dole/Rohrabacher sources of local, State, national, and Area Act of 1996. measure. international importance characterize Additionally, I should like to point As my colleagues are aware, the leg- the river communities and counties out that my bill pays particular and islation implementing the General along the Lower Rio Grande. These in- close attention to the rights of private Agreement on Tariffs and Trade clude early 16th- and 17th-century property owners. I have listened to and [GATT] passed by the Congress and Spanish and French explorations, 18th- worked with various property advocacy signed by the President in December, century river settlements founded groups in order to craft a bill that spe- 1994, contained a provision designed to under the Spanish Crown, 18th-century cifically addresses concerns through achieve harmonization of patent stand- ranches where the first American cow- concrete protections preventing prop- ards in the international community. boys rode, Texas independence and es- erty rights infringement and diminish- This was accomplished by changing our tablishment of the Republic of the Rio ment of value. For example, my bill old system, which allowed for a patent Grande in 1840, the first battle of the prohibits conditioning of Federal as- term equal to 17 years from the date Mexican-American War in 1846, the last sistance on enactment or modification the patent was issued, to a new system land battle of the American Civil War of any land-use restrictions, mandates in which patents are valid for 20 years fought near the mouth of the Rio quarterly public hearings within the from the date of application. Grande in 1865, a thriving steamboat heritage area, and specifically states There has been some concern ex- trade in the late 19th-century, and the that nothing in the bill shall modify, pressed that the transition under development of the Rio Grande Valley enlarge, or diminish any authority of GATT from a ‘‘17-year from issuance’’ as an agricultural empire. Today, the Federal, State, or local government to to a ‘‘20-year from filing’’ patent term Lower Rio Grande is one of the most regulate any zoning or use of land, in- will cause some inventors to lose valu- complex ecological systems in the cluding fish and wildlife management. able patent term. This can occur when United States, with a remarkable vari- I hope to continue working with these patent applications are under review at ety of species including 600 different property groups as this legislation PTO for unusually long periods of time. vertebrates, such as the plain moves toward passage. To remedy this potential loss of patent chachalaca, the only member of the The Los Caminos del Rio heritage term, the bill I am introducing today curassow family found in the United project, which began in 1990 with a will allow the PTO to restore patent States, and 11,000 different and unique grant awarded to the Texas Historical term for up to 10 years if such term are plants, like the Texas strawberry cac- Commission, has become a crucial uni- lost because of unusual and unavoid- tus. fier of the Lower Rio Grande region, fa- able administrative delay. The bill also Given the remarkable diversity and cilitating contacts between small com- provides an opportunity for an inde- international importance of this area, munities and their State and Federal pendent review of the Commissioner’s local and regional governments, Fed- Governments and with private philan- determination. eral and State agencies, businesses, thropy. That same process has oc- At present, the patent code does not private citizens and organizations in curred in Mexico, where border com- allow for patent term restoration on the United States and Mexico have ex- munities that have traditionally felt the basis of ‘‘unusual administrative pressed a desire to work cooperatively abandoned and overlooked have been delay.’’ Such a provision was not in- to preserve the most significant com- able to take advantage of Los Caminos cluded in previous legislation because ponents of the natural and cultural del Rio. Because they are part of a re- it was believed that there were too few heritage throughout the region, while gional project, they are now part of na- cases to warrant its inclusion. Never- accommodating sustainable growth tional and State tourism and conserva- theless, the changes made by the GATT and development. tion programs. implementing legislation and several Mr. President, in conjunction with Mr. President, I look forward to cited cases in which patent applica- these efforts, I am pleased to introduce working with Senator CAMPBELL and tions have taken up to 10 years to be

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S511 processed have heightened an aware- vide the necessary incentives to ensure mine the period of any patent term adjust- ness of the need to address the poten- the responsible and timely pursuance ment available under this section and shall tial diminution of patent life. If en- of patent applications. I urge my col- include a copy of that determination with acted, the Full Patent Term Preserva- leagues to support this legislation and the final notice. The Commissioner shall pre- scribe regulations establishing procedures tion Act of 1996 will allow inventors to look forward to its timely consider- for the application for, and notification of, regain patent term lost due to unusual ation. patent term adjustments granted by the administrative delay. I ask unanimous consent that the Commissioner under this subsection. S. 1540 addresses the same general text and a section-by-section analysis ‘‘(4) JUDICIAL REVIEW.—Any applicant dis- issue expressed by the distinguished of the bill be printed in the RECORD. satisfied with a determination by the Com- majority leader, Senator DOLE, and by There being no objection, the mate- missioner under paragraph (3) may have rem- Congressman ROHRABACHER in their rial was ordered to be printed in the edy by civil action in the United States legislation this Congress. I am very RECORD, as follows: Court of Federal Claims if commenced with- in 60 days after the mailing of the notice of sympathetic to the problem which led S. 1540 them to introduce their legislation and allowance as the Commissioner appoints. Be it enacted by the Senate and House of Rep- The initiation of a civil action under this I want to work closely with them to re- resentatives of the United States of America in section shall not delay the issuance of a pat- solve the matter. At the same time I Congress assembled, ent.’’. must note my concern that previous SECTION 1. SHORT TITLE. (c) TECHNICAL CLARIFICATION.—Section legislative proposals pose at least two This Act may be cited as the ‘‘Full Patent 156(a) of title 35, United States Code, is problems. First, a provision that allows Term Preservation Act of 1996’’. amended— each applicant to select the way in SEC. 2. PATENT TERM DETERMINATION AUTHOR- (1) in the matter preceding paragraph (1) which the patent term will be meas- ITY. by inserting ‘‘, which shall include any pat- ured could pose significant administra- (a) IN GENERAL.—Section 154(b) of title 35, ent term adjustment granted under section tive problems. And second, I am still United States Code, is amended to read as 154(b),’’ after ‘‘the original expiration date of concerned that we have not done follows: the patent’’; and enough to address the problem of so- ‘‘(b) DETERMINATION OF PATENT TERM.— (2) in paragraph (2) by inserting before the called submarine patents which was ‘‘(1) BASIS FOR PATENT TERM ADJUSTMENT.— semicolon ‘‘, except as provided under sec- one of the motivating factors behind ‘‘(A) IN GENERAL.—Subject to paragraph tion 154(b)’’. (2), the term of a patent shall be adjusted to SEC. 3. EFFECTIVE DATE. adopting the GATT change. include the period of time for which the issue As with the Dole/Rohrabacher legis- of the original patent was delayed due to— The amendments made by section 2 shall take effect on the date of the enactment of lation, the Full Patent Term Preserva- ‘‘(i) a proceeding under section 135(a) of this Act and shall apply to any application tion Act of 1996 attempts to preserve a this title; filed on or after June 8, 1995. full term of patent protection for ‘‘(ii) the imposition of an order pursuant to American inventors, thereby pro- section 181 of this title; FULL PATENT TERM PRESERVATION ACT moting creativity and investment and ‘‘(iii) appellate review by the Board of Pat- SECTION-BY-SECTION ANALYSIS maintaining U.S. competitiveness in ent Appeals and Interferences or by a Fed- Section 1. Short Title.—This section titles the rapidly growing high-tech global eral court where the patent was issued pur- the bill the ‘‘Full Patent Term Preservation marketplace. However, by retaining suant to a decision in the review reversing Act of 1996.’’ an adverse determination of patentability; or the basic principle of measuring the Section 2. Patent Term Determination Au- ‘‘(iv) an unusual administrative delay by thority.—This section makes certain that patent term from the earliest filing the Office in issuing the patent. date, my proposed legislation preserves the term of a patent will be adjusted to in- ‘‘(B) REGULATIONS.—The Commissioner clude time attributable to certain delays in the necessary incentives for patent ap- shall prescribe regulations to govern the de- review of patent applications. plicants to diligently and expeditiously termination of the period of delay, including Specifically, section 2(b)(1) mandates that the particular circumstances determined to pursue the issuance of their patent. adjustments will be made for time elapsed be an unusual administrative delay under As chairman of the Judiciary Com- due to: proceedings designed to determine subparagraph (A). mittee, it is my intention to hold hear- the priority of invention (‘‘interference’’ ‘‘(2) LIMITATIONS.— ings on these issues in the near future. under section 135(a) Title 35 U.S.C.); orders ‘‘(A) MAXIMUM PERIOD OF ADJUSTMENT.— I want to make clear to my colleagues pertaining to a determination that the pat- The total duration of all adjustments of a ent would be detrimental to the national se- that the measure I introduce today is patent term under this subsection shall not curity (section 181 of Title 35); and cases in an effort to start the process of finding exceed 10 years. No patent term may be ad- which the Board of Patent Appeals and a middle ground which will accommo- justed by a period greater than the actual Interferences or a Federal court reverses an date the interests of all parties. I in- period of time that the issue of a patent was adverse finding of patentability. In addition, delayed as determined by the Commissioner. tend for the Judiciary Committee to the Commissioner shall make adjustments To the extent that periods of delay attrib- examine this issue very closely over due to unusual administrative delay by the utable to grounds specified in paragraph (1) the next few months and I look forward Patent and Trademark Office (PTO) in overlap, the period of any adjustment grant- issuing the patent. to working with Senator DOLE and all ed under this subsection shall not exceed the other interested parties to make any actual number of days the issuance of the The PTO Commissioner is authorized to necessary modifications. patent was delayed. promulgate regulations to govern how the Before closing, I want to mention my ‘‘(B) DUE DILIGENCE.—The period of adjust- period of delay is to be determined, including interest in soliciting input on one par- ment of the term of a patent under this sub- the circumstances that constitute ‘‘unusual ticular provision of this legislation. section shall be reduced by a period equal to administrative delay.’’ Section 2 grants the PTO the authority the time during the processing or examina- Section 2(b) also establishes a 10 year limi- to determine the circumstances under tion of the application leading to the patent tation for adjustments in patent terms under in which the applicant did not act with due this section and precludes adjustments in which a patent adjustment can be diligence to conclude processing or examina- patent term beyond the actual number of made. Some have questioned whether tion of the application. The Commissioner days that a patent was delayed. No adjust- providing this authority to the very shall prescribe regulations establishing the ment in patent term may be granted for time agency which caused the delay would circumstances that constitute a failure of an periods when the applicant did not act with be the most appropriate way to address applicant to act with due diligence to con- ‘‘due diligence.’’ The Commissioner is au- the adjustment issue. clude processing or examination of an appli- thorized to promulgate regulations to define Mr. President, I believe that S. 1540, cation. the application of the ‘‘due diligence’’ provi- the Full Patent Term Preservation Act ‘‘(C) TERMINAL DISCLAIMER.—No patent, the sions. of 1996 is a balanced legislative re- term of which has been disclaimed beyond a Section 2(b) also instructs the Commis- specified date, may be adjusted under this sponse to the problem of potential loss sioner to notify the applicant, on the day the section beyond the expiration date specified patent issues, of any patent term restoration of patent term. It will protect the le- in the disclaimer. the applicant is entitled to under this sec- gitimate patent rights of American in- ‘‘(3) NOTICE TO COMMISSIONER.—In a case in tion. Finally, section 2(b) provides the right ventors, uphold our international trea- which a patent term is adjusted under this to judicial review in the United States Court ty obligations under GATT, and pro- subsection, the Commissioner shall deter- of Federal Claims for those patent applicants

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S512 CONGRESSIONAL RECORD — SENATE January 26, 1996 dissatisfied with the determination of the Finally, it is market-oriented. Farm- agreement also eliminates the 8-month cot- Commissioner with respect to patent term ers’ payments will be the same even if ton loan extension. The loan rate provisions adjustments. they plant alternate crops. Producers’ of the conference agreement will save $107 Section 2(c) makes certain technical con- planting decisions will be based on the million. forming changes between sections 154 and 156 Payment limitations—The conference of the patent provisions of Title 35, U.S.C. market—as they should be. Under the BBA, there will be full planting free- agreement reduces the current payment lim- Section 2(c) allows the patent term adjust- itation by 20 percent, from $50,000 to $40,000. ments provided in section 156 to restore pat- dom, not arbitrary government produc- The bill extends provisions of current law ent term lost due to Food and Drug Adminis- tion controls. that limit marketing loan gains and loan de- tration regulatory review to be additive to Mr. President, I ask unanimous con- ficiency payments to $75,000 per person per any patent term restoration granted under sent that a brief summary of this bill’s year. The payment limitation reduction section 154 to compensate for patent term provisions be printed in the RECORD. achieves $150 million in budget savings. unavoidably lost in the patent prosection process. There being no objection, the sum- Program authority elimination—This leg- Section 3. Effective Date.—This section mary was ordered to be printed in the islation repeals the Agriculture Act of 1949 makes the new provisions contained in sec- RECORD, as follows: as well as the permanent law provisions of the Agriculture Adjustment Act of 1938. Also tion 2 effective for any patent application SUBTITLE A—AGRICULTURAL MARKET eliminated are authorities for the Farmer filed on or after June 8, 1995. TRANSITION PROGRAM Owned Reserve and the Emergency Live- Production flexibility contracts—Eligible stock Feed Assistance Program. By Mr. LUGAR (for himself, Mr. producers (those who had participated in the DOLE, Mr. HELMS, Mr. COCHRAN, wheat, feed grains, cotton and rice programs SUBTITLE B—CONSERVATION Mr. CRAIG, Mr. GRASSLEY, Mr. in any one of the past five years) can enter Conservation Reserve Program (CRP)—The PRESSLER, and Mr. COVERDELL): into seven-year ‘‘production flexibility con- CRP is capped at the current level of 36.4 S. 1541. a bill to extend, reform, and tracts’’ between 1996 and 2002. The deadline million acres for a savings of $569 million improve agricultural commodity, for entering into the contract would be April over seven years. Also adopted was an ‘‘early trade, conservation, and other pro- 15, 1996. Payments would be made on Sep- out’’ provision to allow contract holders to grams, and for other purposes; read the tember 30 of each year beginning in 1996. terminate CRP contracts upon written noti- Farmers would also have the option of re- fication of the Secretary. first time. ceiving half of their annual payment by De- AGRICULTURAL MARKET TRANSITION ACT cember 15 of the previous year (except in 1996 Livestock Environmental Assistance Pro- Mr. LUGAR. Mr. President, I rise to when the advance payment would be due gram (LEAP)—The program is established to support the Agricultural Market Tran- within 60 days of the signing of the con- help livestock producers improve environ- mental and water quality. The program sition Act of 1996. This legislation is tract.) Payment would be made on 85 percent of a makes available $100 million annually to identical to Title I of the Balanced provide technical and cost-share assistance Budget Act, with two changes which I farm’s contract acreage. On this acreage par- ticipants would be free to plant any program in implementing structural and management shall mention shortly. crop, oilseed, industrial or experimental practices to protect water, soil and related Congress passed the Balanced Budget crop, mung beans, lentils and dry peas. resources from degradation associated with Act and the President, most unfortu- Planting of fruits and vegetables would be livestock production. nately for the country, vetoed it. We prohibited on contract acres. These com- SUBTITLE C—AGRICULTURAL PROMOTION AND hope that some spending cuts can be modity program changes will result in $8.6 EXPORT PROGRAMS added to legislation raising the Federal billion in budget savings over the next seven years. Market Promotion Program (MPP)—MPP debt limit. However, the veto creates a expenditures are capped at $100 million problem for U.S. agriculture. Peanuts—The legislation saves $434 million from the federal peanut program, making it through 2002 producing a savings of $60 mil- The problem is that commodity sup- a no-cost program. The price support pro- lion. port programs for the next 7 years were gram for peanuts is extended through 2002, Export Enhancement Program (EEP)—EEP part of the BBA. Existing authority for but the quota support rate is lowered from expenditures are capped at $350 million in these programs has now expired. All $678/tone to $610/ton. The price support esca- 1996 and 1997; $500 million in 1998; $550 million that remain are outdated statutes from lator is eliminated. The legislation elimi- in 1999; $579 million in 2000 and $478 million 1938 and 1949. The Clinton administra- nates the national poundage quota floor for 2001 and 2002. Total savings for EEP will tion confirms that implementing these (currently 1,350,000 tons) and undermar- be $1.27 billion. keting provisions of current law. Previously statues could add $10 to $12 billion to SUBTITLE D—MISCELLANEOUS considered reforms for quota reduction, the the cost of running farm programs for sale, lease and transfer of quota across coun- Crop insurance—The bill eliminates the 1996 crops alone. ty lines, and offers from handlers were re- mandatory nature of catastrophic crop in- That is intolerable for taxpayers. moved from the bill due to Byrd rule consid- surance, but requires producers to waive all Farmers do not support such an irre- erations. These reforms will likely be taken federal disaster assistance if they opt not to sponsible policy. The solution is to up later as part of separate legislation. purchase insurance. Dual delivery of crop in- enact a new farm bill. Sugar—In order to make the program more surance is eliminated in those states that Farmers need to know what farm market-oriented, a recourse loan system is have adequate private crop insurance deliv- policies will be—not just for the next 12 implemented until imports reach 1.5 million ery. The bill also corrects a provision of cur- months but for the next several years. short tons for FY 1997 1997–2002. The bill ter- rent law by amending the Federal Crop In- minates marketing allotments and imple- surance Act to include seed crops. The crop We owe it to U.S. agriculture to enact ments a one cent penalty on forfeited sugar. insurance provisions of the bill result in net a long-term plan, not a stopgap meas- Provisions of current law that require the savings of $130 million. ure. Sugar Program to operate at no-net cost are Agriculture quarantine and inspection— This bill’s agricultural provisions are retained in this bill. It also retains the loan The bill amends the Food, Agriculture, Con- a long-term plan endorsed by a broad rate of raw cane sugar and refined beet sugar servation and Trade Act of 1990 to allow the spectrum of agricultural groups. From at the 1995 levels, 18 cents and 22.9 cents re- Secretary to collect and spend fees collected national groups like the American spectively, and retains a nine-month loan. over $100 million to cover the cost of pro- Farm Bureau Federation and the Na- The legislation would raise the assessment viding quarantine and inspection services for on sugar processors to achieve $52 million in imports. tional Corn Growers Association, to budget savings over seven years toward def- state groups like the Kansas Associa- icit reduction. Commodity Credit Corporation (CCC) in- tion of Wheat Growers and the North Nonrecourse marketing assistance loans— terest rates—Rates on CCC agriculture com- Dakota Grain Growers, U.S. producer The conference agreement establishes max- modity loans are increased by 100 basis and agribusiness organizations support imum loan rates at the following (1995) lev- points for a savings of $260 million over seven years. this plan. els: Rice: $6.50/cwt; Upland Cotton: $0.5192/lb; It is simple, in contrast to the need- Wheat: $2.58/bu; Corn: $1.89/bu; Soybeans: Mr. LUGAR. I would also like to less complexity of current programs. $4.92/bu; ELS Cotton: $0.7965/lb. mention two changes from the BBA as It offers certainty. Farmers will The Secretary would retain authority to it passed the House and Senate. make downward adjustments to wheat and know what their future payments will feed grains loan rates based on specified Under the Livestock Environmental be. Taxpayers will know how much will stocks-to-use criteria. The bill also estab- Assistance Program, limits are placed be spent. U.S. agriculture will have se- lishes a minimum loan rate for rice at $6.50/ on the size of operations that may re- curity against future budget cuts. cwt and cotton at $0.50/lb. The conference ceive benefits. The BBA contained

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S513 these limits but some felt that for budget outlays over 7 years. Since 1969, difficult because it picks on the first dairy operations, the limits were too the last year in which there was a bal- amendment. strict. Therefore, dairy operations of anced budget in this country, we have But in seeking to amend the first 700 or fewer cows will now be eligible. piled debt on our shoulders and on the amendment, we do not seek to change The other change deals with which shoulders of our children and grand- the language of the first amendment, crops may be planted on acres enrolled children of almost $5 trillion. That which I think is sacrosanct. What we in income support contracts. The bill means, Mr. President, that a child born seek to do is to overrule, in effect, a introduced today will treat fruit and today inherits an obligation of some split decision by the Supreme Court of vegetable crops in the same manner as $187,000 during his or her life simply to the United States in interpreting the current law—that is, they may not be pay interest on the national debt. This first amendment. planted on contract acres. statistic alone starkly illustrates not Money is the scourge of politics, and Mr. President, the Agricultural Mar- just the fiscal and financial necessity, to buy high public office is, obviously, ket Transition Act of 1996 represents a but the moral necessity of a sharp against public policy. There are many bold departure from the past. It is a change in direction. This country can who have, in effect, bought public of- new direction for American agri- no longer continue goods and services fice, including some seats of the U.S. culture. It will reduce Federal spend- for which it is unwilling to pay. If we Senate. But it is only recently that ing, reform price support programs, do not change the way we do things this matter has come into sharp focus and prepare U.S. farmers for what here in Washington, DC, our children when a candidate for the Presidency of promises to be an exciting new cen- and grandchildren will suffer terribly. the United States, who is reputed to tury, full of opportunities for the most If we do balance the Federal budget have assets in excess of $400 million, efficient food producers in the world. we will provide American families and set out to, in effect, buy the White Mr. GORTON. Mr. President, today I American farmers with better jobs, House. am pleased to join my colleagues Sen- higher wages, lower interest rates, and According to this morning’s New ators CRAIG, DOLE, LUGAR, COCHRAN, economic certainty. All of this means York Times, some $15 million has al- and GRASSLEY, supporting a farm bill more money in the pockets of Amer- ready been expended on that effort. I that will let our farmers farm accord- ican farmers. One thing is for certain, think it is especially problemsome ing to the marketplace and stop the Mr. President: we must balance the when a substantial part of that money Federal Government from telling our budget and we must balance it now. is dedicated to negative advertising farmers what crop to plant, when to For all of these reasons, Mr. Presi- which, in effect, seeks to impugn the plant, and how much to plant. These dent, I support my colleagues, Senators reputation of an opponent who spent decisions belong to the farmer—not the CRAIG, DOLE, LUGAR, COCHRAN, and more than 40 years in public life. Federal Government. GRASSLEY, as we work together to pro- I believe what is going on in the On September 30 of last year the vide American farmers with the flexi- Presidential primaries, the Republican farm bill expired. Farmers in my State bility they need to do what they do primaries, today has caused a great of Washington and across the country best: provide healthy, safe, and abun- deal of focus of attention, and it is high need to know what the farm program dant food for families around the time that we took some action to stop will be. They cannot wait any longer. world. someone from buying public office, es- Currently, farmers in my State are pecially the Presidency of the United meeting with their bankers, making By Mr. SPECTER (for himself States, especially the White House. plans for this year’s crop, determining and Mr. HOLLINGS): I will add, Mr. President, that I per- their financial situation, and evalu- S.J. Res. 48. A joint resolution pro- sonally feel especially strong about ating their equipment needs. As my posing an amendment to the Constitu- this particular matter, because I filed good friend from Iowa, Senator GRASS- tion of the United States relating to for the U.S. Senate during the first LEY, said on Tuesday, ‘‘farmers of this contributions and expenditures in- election cycle following the enactment country deserve to know what the farm tended to affect elections; to the Com- of the 1974 legislation which limited program will be this year and they mittee on the Judiciary. the amount of moneys which could be need to know as soon as possible.’’ The CAMPAIGN EXPENDITURES CONSTITUTIONAL spent on Federal elections. senior Senator from Iowa is correct. AMENDMENT That 1974 statute said that for a We cannot in good conscience delay in Mr. SPECTER. Mr. President, I have State the size of Pennsylvania, with 12 passing a farm bill. We owe it to the sought recognition today for purposes, million people, the most anyone could American farmer to take action. with the cosponsorship of the distin- spend of his or her own money was Farmers in my State tell me that guished Senator from South Carolina, $35,000. That year, I contested for that they want less Government, less red Senator HOLLINGS, to introduce a con- office with then-Congressman John tape, and less paperwork. Farmers in stitutional amendment which is broad- Heinz, who later I served with in the my State simply want more flexibility; er than any yet pending, which would Senate as a colleague and who became they want the Federal Government out authorize the Congress and the State one of my very, very best friends, a of their lives. A market transition legislatures to set spending limits on Senator we sorely miss in this body. style farm program gives them what what any individual can spend of his or But with the playing field somewhat they have asked for and provides a her own money in the context of a can- leveled with the $35,000 maximum indi- seven year transition to full market- didacy. vidual expenditure, I thought that race oriented farming. I had wanted to introduce this was one to be undertaken. Then, right A market transition style farm pro- amendment on January 30, which is in the middle of the campaign, on Jan- gram could not come at a better time. next Tuesday, because January 30 is uary 30—we had an August 22 primary Many important developments have the 20th anniversary of the decision of in 1976; I declared my candidacy in No- taken place since the completion of the the Supreme Court in Buckley versus vember of 1975—right in the middle of Uruguay Round of the General Agree- Valeo, which said that an individual the campaign, the Supreme Court of ment of Tariffs and Trade [GATT]. I be- can promote his or her candidacy to the United States said any candidate lieve that GATT will continue to open the maximum extent he or she chooses can spend as much of his or her money new world markets for the United with their own personal funds as a that he or she wanted. States, and with a farm program that matter of first amendment protection Somewhat anomalous, my brother, allows our farmers to farm according of freedom of speech. who could have bankrolled my cam- to the marketplace we will provide It has always been a little hard for paign—I do not know he would have, them with the flexibility they need to me to understand how anything from but he could have—was limited to respond quickly to the demands of the freedom of speech is implicated in $1,000 under the act, and that remained emerging world markets. a matter of campaign financing. For in place by the Supreme Court deci- A market transition style farm pro- the past 6 years, Senator HOLLINGS and sion. gram also moves us towards a balanced I and others have tried to advance this It is a little hard to see the first budget, saving nearly $13 billion in constitutional amendment, which is amendment freedom of speech rights of

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S514 CONGRESSIONAL RECORD — SENATE January 26, 1996 SPECTER being different than the free- of S. 1028, a bill to provide increased [Mr. DODD] was added as a cosponsor of dom of speech rights of a candidate. We access to health care benefits, to pro- S. 1520, a bill to award a congressional have lived with Buckley versus Valeo vide increased portability of health gold medal to Ruth and Billy Graham. for 20 years, and it is bad legal con- care benefits, to provide increased se- SENATE RESOLUTION 152 struction. There is nothing in the first curity of health care benefits, to in- At the request of Mr. ABRAHAM, the amendment, there is nothing in the crease the purchasing power of individ- names of the Senator from Alabama logic of the law which suggests the uals and small employers, and for other [Mr. SHELBY] and the Senator from first amendment gives an individual purposes. North Carolina [Mr. HELMS] were added the right to spend as much of his or her S. 1039 as cosponsors of Senate Resolution 152, own money as he or she chooses. At the request of Mr. ABRAHAM, the a resolution to amend the Standing It certainly is bad public policy to names of the Senator from Alabama Rules of the Senate to require a clause have someone seek to buy an office, es- [Mr. SHELBY] and the Senator from in each bill and resolution to specify pecially the Presidency of the United North Carolina [Mr. HELMS] were added the constitutional authority of the States. as cosponsors of S. 1039, a bill to re- Congress for enactment, and for other So I urge my colleagues to join Sen- quire Congress to specify the source of purposes. ator HOLLINGS and myself. As we have authority under the United States Con- f talked in the quarters and in the cloak- stitution for the enactment of laws, rooms and on the floor of the Senate in and for other purposes. SENATE RESOLUTION 213—COM- these past several days, I believe that S. 1370 MENDING SENATOR SAM NUNN there is a growing sentiment in the At the request of Mr. CRAIG, the FOR CASTING 10,000 VOTES Congress to do something about Buck- name of the Senator from Virginia [Mr. Mr. DASCHLE submitted the fol- ley versus Valeo, to see to it that we do WARNER] was added as a cosponsor of S. lowing resolution; which was consid- not have high public office up for sale 1370, a bill to amend title 10, United ered and agreed to: in this great country. States Code, to prohibit the imposition S. RES. 213 f of any requirement for a member of the Whereas the Honorable Sam Nunn has ADDITIONAL COSPONSORS Armed Forces of the United States to served with distinction and commitment as a wear indicia or insignia of the United U.S. Senator from the State of Georgia since S. 295 Nations as part of the military uniform January 1973; At the request of Mrs. KASSEBAUM, of the member. Whereas his dedicated service as a U.S. the name of the Senator from Okla- S. 1426 Senator has contributed to the effectiveness homa [Mr. NICKLES] was added as a co- At the request of Mr. CRAIG, his name and betterment of this institution; sponsor of S. 295, a bill to permit labor was withdrawn as a cosponsor of S. Whereas he has dutifully and faithfully served the Senate as Chairman of the Armed management cooperative efforts that 1426, a bill to eliminate the require- improve America’s economic competi- Services Committee, (1987–1994); and ment for unanimous verdicts in Fed- Whereas his expertise and leadership in de- tiveness to continue to thrive, and for eral court. other purposes. fense and military policies has been of tre- S. 1453 mendous benefit to our Nation and to our S. 298 At the request of Mr. BURNS, the men and women in uniform: Now, therefore At the request of Mr. DOMENICI, the name of the Senator from Montana be it Resolved, That the U.S. Senate congratu- name of the Senator from Virginia [Mr. [Mr. BAUCUS] was added as a cosponsor WARNER] was added as a cosponsor of S. lates the Honorable Sam Nunn, the senior of S. 1453, a bill to prohibit the regula- Senator from Georgia, for becoming the 17th 298, a bill to establish a comprehensive tion by the Secretary of Health and policy with respect to the provision of U.S. Senator in history to cast 10,000 votes. Human Services and the Commissioner SEC. 2. The Secretary of the Senate shall health care coverage and services to in- of Food and Drugs of any activities of transmit a copy of this resolution to Senator dividuals with severe mental illnesses, sponsors or sponsorship programs con- Sam Nunn. and for other purposes. nected with, or any advertising used or f S. 743 purchased by, the Professional Rodeo At the request of Mrs. HUTCHISON, the Cowboy Association, its agents or af- SENATE RESOLUTION 214— name of the Senator from Indiana [Mr. filiates, or any other professional rodeo RELATIVE TO THE PAYMENT OF COATS] was added as a cosponsor of S. association, and for other purposes. SOCIAL SECURITY OBLIGATIONS 743, a bill to amend the Internal Rev- S. 1487 Mr. BROWN submitted the following enue Code of 1986 to provide a tax cred- At the request of Mr. GRAMM, the resolution; which was referred to the it for investment necessary to revi- name of the Senator from Virginia [Mr. Committee on Finance: talize communities within the United WARNER] was added as a cosponsor of S. S. RES. 214 States, and for other purposes. 1487, a bill to establish a demonstration Resolved, That it is the sense of the Senate S. 837 project to provide that the Department that as the Secretary of the Treasury plans At the request of Mr. WARNER, the of Defense may receive Medicare reim- for cash flow management in the absence of name of the Senator from North Caro- bursement for health care services pro- an extension to the debt limit of the United lina [Mr. HELMS] was added as a co- vided to certain Medicare-eligible cov- States, the Secretary shall give first priority sponsor of S. 837, a bill to require the ered military beneficiaries. to the payment of Social Security benefits Secretary of the Treasury to mint over the payment of other Government obli- S. 1519 gations. coins in commemoration of the 250th At the request of Mr. DOLE, the anniversary of the birth of James names of the Senator from Virginia f Madison. [Mr. WARNER], the Senator from Maine SENATE RESOLUTION 215—TO DES- S. 968 [Ms. SNOWE], the Senator from Indiana IGNATE JUNE 19, 1996, AS ‘‘NA- At the request of Mr. MCCONNELL, [Mr. COATS], the Senator from Idaho TIONAL BASEBALL DAY’’ the name of the Senator from New [Mr. KEMPTHORNE], and the Senator Mr. LAUTENBERG (for himself, Mr. York [Mr. MOYNIHAN] was added as a from Oklahoma [Mr. NICKLES] were BRADLEY, and Mr. MOYNIHAN) sub- cosponsor of S. 968, a bill to require the added as cosponsors of S. 1519, a bill to mitted the following resolution; which Secretary of the Interior to prohibit prohibit United States voluntary and was referred to the Committee on the the import, export, sale, purchase, and assessed contributions to the United Judiciary: possession of bear viscera or products Nations if the United Nations imposes that contain or claim to contain bear any tax or fee on United States persons S. RES. 215 viscera, and for other purposes. or continues to develop or promote pro- Whereas the seeds of modern baseball were planted on the Elysian Fields of Hoboken, S. 1028 posals for such taxes or fees. New Jersey, on the warm spring afternoon of At the request of Mrs. KASSEBAUM, S. 1520 June 19, 1846; the name of the Senator from Vermont At the request of Mr. HELMS, the Whereas on that historic date, one of base- [Mr. LEAHY] was added as a cosponsor name of the Senator from Connecticut ball’s earliest and most influential teams,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S515 the Knickerbockers, invited a group known ken, NJ, on the warm spring afternoon phrase ‘‘perfect game’’ has a specific as the New York Club to join them for a of June 19, 1846. On this historic date, meaning with its own precise guide- ‘‘game of ball’’ under a unique set of rules one of baseball’s earliest and most in- lines. It is a game filled with tradition that the Knickerbockers had recently de- fluential teams, the Knickerbockers, that can not be matched by any other. vised; Whereas the game the Knickerbockers con- invited a group known as the New York Mr. President, at its heart, baseball ceived so excited and captivated the imagi- Club to join them for a game of ball is a communal experience and its nation of sports enthusiasts that other under a unique set of rules that the memories are those we inevitable ‘‘baseball clubs’’ soon began to assemble; Knickerbockers had recently devised. share. It is a game that allows the fan Whereas these early clubs organized and As time passed and word spread, other to remember the past while at the modeled themselves on the example set by baseball clubs soon began to assemble same time looking towards the future, the Knickerbockers and adopted the Knick- and over the next decade the Elysian erbockers written ‘‘Rules of Play’’; knowing that the game will be around Whereas these men and teams were ama- Fields grew into the first great center for generations of sons and daughters teurs in the noblest sense of the word, as of baseball activity in the United to enjoy. Baseball is truly a game for they played for the sheer joy they found in States. Soon the game of baseball the ages. this new and captivating game; spread north and south along the east The designation of a ‘‘National Base- Whereas over the next decade, the Elysian coast of the United States. Today it is ball Day’’ will provide an opportunity Fields grew into the first great center of played from coast-to-coast and all over to celebrate America’s national pas- baseball activity in the United States, and the world. Mr. President, this game, began to attract players and spectators from time and to reflect upon a game that across the Nation; unlike any other, has had a profound has become a metaphor for our Na- Whereas Alexander Joy Cartwright, Jr. influence on generation after genera- tion’s values and a living symbol of our was the guiding force behind the Knicker- tion of Americans. heritage. I urge my colleagues to sup- bockers, and is the American who, perhaps, The men that played in these early port this resolution. best deserves the title of ‘‘Father of Modern games were amateurs in the noblest f Baseball’’; sense of the word, as they played for Whereas the game of baseball spread north the sheer joy they found in the game. SENATE RESOLUTION 216—REL- and south along the east coast of the United Millions of American boys and girls ATIVE TO MINTING AND CIRCU- States; LATING $1 COINS Whereas today this game is known simply carry on this tradition every year by as ‘‘baseball’’, a game which, unlike any participating in amateur baseball and Ms. SNOWE (for herself and Mr. other, has had a profound influence on gen- softball leagues. In T-Ball and Little COHEN) submitted the following resolu- eration after generation of Americans; Leagues across the country, youngsters tion; which was referred to the Com- Whereas for millions of Americans, base- are not only learning the fundamentals mittee on Banking, Housing, and ball is part of their earliest childhood memo- of the game but teamwork and good ries, including the crack of a bat, the smell Urban Affairs: of a glove, and the endless summers spent on sportsmanship, lessons that can be car- S. RES. 216 sandlots and schoolyards in every commu- ried off the diamond. In fact, for mil- Whereas, in 1940, Margaret Chase Smith be- nity across this great Nation in a uniquely lions of Americans, baseball is part of came a Member of the House of Representa- American rite of passage; their earliest childhood memories, in- tives, commencing 32 years of public service Whereas for many Americans, their first cluding the crack of a bat, the smell of to the State of Maine and to the United real heroes wore pinstriped baseball uni- a glove, and the endless summers spent States; forms, and these heroes taught generations on sandlots and schoolyards in every Whereas Margaret Chase Smith was elect- of young Americans important values and in- community across this great Nation in ed to the Senate in 1948, becoming the first spired their first dreams of glory; woman to be elected to the Senate, as well as Whereas in every American generation for a uniquely American rite of passage. In the first woman to be elected to both the 150 years, baseball has been an important every American generation for 150 House of Representatives and the Senate; bond between millions of parents and their years, baseball has been an important Whereas, on June 1, 1950, Margaret Chase children who have shared countless after- bond between millions of parents and Smith delivered an address entitled ‘‘Dec- noons at the ballpark; their children who have shared count- laration of Conscience’’, which was a defense Whereas today, baseball binds one genera- less afternoons at the ballpark. Base- of the basic principles of Americanism, in- tion of Americans to the next through a cluding the right to criticize, the right to shared experience that has become central to ball binds one generation of Americans to the next through a shared experi- hold unpopular beliefs, the right to protest, our cultural identity as a Nation; and the right to independent thought; Whereas it is often said that to understand ence that has become central to our Whereas Margaret Chase Smith was the America, one must first understand the identity as a nation. first woman to become the ranking member game of baseball; and It is often said that to understand of a congressional committee; Whereas the designation of a ‘‘National America, one must first understand the Whereas Margaret Chase Smith was the Baseball Day’’ will provide an opportunity to game of baseball. For the past century first woman to serve on the Committee on celebrate America’s ‘‘national pastime’’ and Armed Services and the Committee on Ap- to reflect upon a game that has become a and a half the game of baseball has propriations of the Senate; metaphor for our Nation’s values and a liv- been with us through good and bad. Whereas, in 1964, Margaret Chase Smith ing symbol of our cultural heritage: Now, During difficult times, baseball has was the first woman to have her name placed therefore, be it been an aid to Americans, providing in nomination for the presidency by either Resolved, That the Senate, in recognition not only a distraction to the current of the fundamental role that the game of major political party; hardships, but offering hope that if the Whereas Margaret Chase Smith was the baseball has played in shaping our American pastime of this great country can en- experience, and as a tribute to those who first civilian woman to sail on a United first pioneered the game, designate June 19, dure so can the Nation as a whole. It States destroyer during wartime; 1996, as ‘‘National Baseball Day’’. The Presi- helped keep the home fires burning Whereas Margaret Chase Smith was the dent is authorized and requested to issue a during World War II and moved us into first woman to break the sound barrier in a proclamation calling upon the people of the the civil rights movement with Jackie United States Air Force F–100 Super Sabre; United States to observe such day with ap- Robinson. This is much more than a Whereas, until 1981, Margaret Chase Smith propriate ceremonies and activities. held the all-time consecutive rollcall voting game, it is a part of who we are. record of the Senate, totalling 2,941 votes Mr. LAUTENBERG. Mr. President, I We eagerly await the start of spring over 13 years; rise today on behalf of myself and Sen- training, looking forward to opening Whereas Margaret Chase Smith died at the ators BRADLEY and MOYNIHAN to sub- day and baseball’s first pitch. Then age of 97, and, during her lifetime, was given mit a resolution that will celebrate the summer arrives, where temperatures 95 honorary degrees and was awarded the 150th birthday of this country’s na- and pennant races heat up moving us Presidential Medal of Freedom by President tional pastime. This resolution would into crisp fall nights and the magic of Bush in 1989; declare June 19, 1996, as ‘‘National the World Series. The greatness of Whereas Margaret Chase Smith was a baseball comes from its simplicity and teacher, a telephone operator, a newspaper- Baseball Day,’’ commerating this date woman, an office manager, a secretary, a in 1846 when baseball’s first game was diversity, a trait which makes the wife, a Congresswoman, and a Senator; played. game like no other. The dimensions of Whereas Margaret Chase Smith was a lead- The seeds of modern baseball were the field differ from park to park, er, a Nation’s conscience, a visionary, and a planted on the Elysian Fields of Hobo- games have no set time limits and the woman of endless firsts;

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S516 CONGRESSIONAL RECORD — SENATE January 26, 1996 Whereas the achievements of Margaret bill (S. 755) to amend the Atomic En- SEC. 4. METHOD OF SALE. Chase Smith are an inspiration to millions of ergy Act of 1954 to provide for the pri- (a) AUTHORIZATION.—The Board of Direc- young girls and women, showing that vatization of the United States Enrich- tors of the Corporation, with the approval of the Secretary of the Treasury, shall transfer through the use of one’s talents, abilities, ment Corporation, as follows: and energies that opportunities for women ownership of the assets and obligations of do exist and that the door to elected office Strike out all after the enacting clause and the Corporation to the private corporation can be open to all women; and insert in lieu thereof: established under section 5 (which may be Whereas Margaret Chase Smith served SEC. 1. SHORT TITLE. consummated through a merger or consoli- with pride and humility, and her epitaph This Act may be cited as the ‘‘USEC Pri- dation effected in accordance with, and hav- aptly reads, ‘‘She served people.’’: Now, vatization Act’’. ing the effects provided under, the law of the therefore, be it SEC. 2. DEFINITIONS. State of incorporation of the private cor- Resolved, That it is the sense of the Senate For purposes of this Act: poration, as if the Corporation were incor- that if a $1 coin is minted to replace the $1 (1) The term ‘‘AVLIS’’ means atomic vapor porated thereunder). bill, the Secretary of the Treasury should be laser isotope separation technology. (b) BOARD DETERMINATION.—The Board, authorized to mint and circulate $1 coins (2) The term ‘‘Corporation’’ means the with the approval of the Secretary of the bearing a likeness of Margaret Chase Smith. United States Enrichment Corporation and, Treasury, shall select the method of transfer unless the context otherwise requires, in- and establish terms and conditions for the f cludes the private corporation and any suc- transfer that will provide the maximum pro- AMENDMENTS SUBMITTED cessor thereto following privatization. ceeds to the Treasury of the United States (3) The term ‘‘gaseous diffusion plants’’ and will provide for the long-term viability means the Paducah Gaseous Diffusion Plant of the private corporation, the continued op- THE BALANCED BUDGET at Paducah, Kentucky and the Portsmouth eration of the gaseous diffusion plants, and Gaseous Diffusion Plant at Piketon, Ohio. DOWNPAYMENT ACT, I the public interest in maintaining reliable (4) The term ‘‘highly enriched uranium’’ and economical domestic uranium mining means uranium enriched to 20 percent or and enrichment industries. more of the uranium-235 isotope. (c) ADEQUATE PROCEEDS.—The Secretary of KENNEDY (AND OTHERS) (5) The term ‘‘low-enriched uranium’’ the Treasury shall not allow the privatiza- AMENDMENT NO. 3119 means uranium enriched to less than 20 per- tion of the Corporation unless before the sale cent of the uranium-235 isotope, including Mr. KENNEDY (for himself, Mr. JEF- date the Secretary of the Treasury deter- that which is derived from highly enriched mines that the method of transfer will pro- FORDS, Ms. SNOWE, Mr. SIMON, Mr. uranium. vide the maximum proceeds to the Treasury PELL, Mr. DODD, Mr. REID, Mrs. MUR- (6) The term ‘‘low-level radioactive waste’’ consistent with the principles set forth in RAY, Mr. HARKIN, Ms. MOSELEY-BRAUN, has the meaning given such term in section section 3(a). Mr. ROCKEFELLER, Mr. BRYAN, Mr. 2(9) of the Low-Level Radioactive Waste Pol- (d) APPLICATION OF SECURITIES LAWS.—Any BINGAMAN, Mr. WELLSTONE, Mr. DOR- icy Act (42 U.S.C. 2021b(9)). offering or sale of securities by the private (7) The term ‘‘private corporation’’ means GAN, Mr. LEAHY, and Mr. KERRY) pro- corporation shall be subject to the Securities the corporation established under section 5. Act of 1933 (15 U.S.C. 77a et seq.), the Securi- posed an amendment to the bill (H.R. (8) The term ‘‘privatization’’ means the 2880) making appropriations for fiscal ties Exchange Act of 1934 (15 U.S.C. 78a et transfer of ownership of the Corporation to seq.), and the provisions of the Constitution year 1996 to make a downpayment to- private investors. and laws of any State, territory, or posses- ward a balanced budget, and for other (9) The term ‘‘privatization date’’ means sion of the United States relating to trans- purposes, as follows: the date on which 100 percent of the owner- actions in securities. At the end of title I, insert the following ship of the Corporation has been transferred (e) EXPENSES.—Expenses of privatization new section: to private investors. shall be paid from Corporation revenue ac- (10) The term ‘‘public offering’’ means an SEC. ll. (a) Notwithstanding any other counts in the United States Treasury. underwritten offering to the public of the provision of this Act (except sections 106, 115, SEC. 5. ESTABLISHMENT OF PRIVATE CORPORA- common stock of the private corporation 119 and 120), the amount appropriated for TION. pursuant to section 4. each education program under this Act shall (a) INCORPORATION.—(1) The directors of (11) The ‘‘Russian HEU Agreement’’ means be not less than the amount made available the Corporation shall establish a private for- the Agreement Between the Government of for such education program under the De- profit corporation under the laws of the the United States of America and the Gov- partments of Labor, Health and Human Serv- State for the purpose of receiving the assets ernment of the Russian Federation Con- ices, and Education, and Related Agencies and obligations of the Corporation at privat- cerning the Disposition of Highly Enriched Appropriations Act, 1995. ization and continuing the business oper- Uranium Extracted from Nuclear Weapons, (b) For the purpose of subsection (a), the ations of the Corporation following privat- dated February 18, 1993. term ‘‘education program’’ means each con- ization. (12) The term ‘‘Secretary’’ means the Sec- tinuing project or activity of the Depart- (2) The directors of the Corporation may retary of Energy. serve as incorporators of the private corpora- ment of Education and each continuing (13) The ‘‘Suspension Agreement’’ means project or activity under the Head Start Act tion and shall take all steps necessary to es- the Agreement to Suspend the Antidumping tablish the private corporation, including and the School-to-Work Opportunities Act of Investigation on Uranium from the Russian 1994. the filing of articles of incorporation con- Federation, as amended. sistent with the provisions of this Act. (14) The term ‘‘uranium enrichment’’ (3) Employees and officers of the Corpora- MOYNIHAN AMENDMENT 3120 means the separation of uranium of a given tion (including members of the Board of Di- isotope content into 2 components, 1 having Mr. MOYNIHAN proposed an amend- rectors) acting in accordance with this sec- a higher percentage of a fissile isotope and 1 tion on behalf of the private corporation ment to the bill H.R. 2880, supra, as fol- having a lower percentage. lows: shall be deemed to be acting in their official SEC. 3. SALE OF THE CORPORATION. capacities as employees or officers of the At the end of the bill, add the following: (A) AUTHORIZATION.—The Board of Direc- Corporation for purposes of section 205 of TITLE V—PUBLIC DEBT LIMIT tors of the Corporation, with the approval of title 18, United States Code. the Secretary of the Treasury, shall transfer SEC. 501. INCREASE IN PUBLIC DEBT LIMIT. (b) STATUS OF THE PRIVATE CORPORATION.— the interest of the United States in the (1) The private corporation shall not be an Subsection (b) of section 3101 of title 31, United States Enrichment Corporation to agency, instrumentality, or establishment of United States Code, is amended by striking the private sector in a manner that provides the United States, a Government corpora- the dollar amount contained in the first sen- for the long-term viability of the Corpora- tion, or a Government-controlled corpora- tence and inserting ‘‘$5,400,000,000,000’’. tion, provides for the continuation by the tion. f Corporation of the operation of the Depart- (2) Except as otherwise provided by this ment of Energy’s gaseous diffusion plants, Act, financial obligations of the private cor- THE USEC PRIVATIZATION ACT provides for the protection of the public in- poration shall not be obligations of, or guar- terest in maintaining a reliable and eco- anteed as to principal or interest by, the nomical domestic source of uranium mining, Corporation or the United States, and the MURKOWSKI (AND OTHERS) enrichment and conversion services, and, to obligations shall so plainly state. AMENDMENT NO. 3121 the extent not inconsistent with such pur- (3) No action under section 1491 of title 28, (Ordered to lie on the table.) poses, secures the maximum proceeds to the United States Code, shall be allowable United States. against the United States based on actions of Mr. MURKOWSKI (for himself, Mr. (b) PROCEEDS.—Proceeds from the sale of the private corporation. JOHNSTON, Mr. DOMENICI, and Mr. the United States’ interest in the Corpora- (c) APPLICATION OF POST-GOVERNMENT EM- FORD) submitted an amendment in- tion shall be deposited in the general fund of PLOYMENT RESTRICTIONS.—Beginning on the tended to be proposed by them to the the Treasury. privatization date, the restrictions stated in

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S517 section 207 (a), (b), (c), and (d) of title 18, Secretary and the Corporation or the private (3) All liabilities arising out of the disposal United States Code, shall not apply to the corporation, and any extension or renewal of depleted uranium generated by the Cor- acts of an individual done in carrying out of- thereof, shall not be considered to be a major poration between July 1, 1993, and the privat- ficial duties as a director, officer, or em- Federal action significantly affecting the ization date shall become the direct liabil- ployee of the private corporation, if the indi- quality of the human environment for pur- ities of the Secretary. vidual was an officer or employee of the Cor- poses of section 102 of the National Environ- (4) Any stated or implied consent for the poration (including a director) continuously mental Policy Act of 1969 (42 U.S.C. 4332). United States, or any agent or officer of the during the 45 days prior to the privatization SEC. 8. TRANSFER OF CONTRACTS. United States, to be sued by any person for date. (a) TRANSFER OF CONTRACTS.—Concurrent any legal, equitable, or other relief with re- (d) DISSOLUTION.—In the event that the pri- with privatization, the Corporation shall spect to any claim arising from any action vatization does not occur, the Corporation transfer to the private corporation all con- taken by any agent or officer of the United will provide for the dissolution of the private tracts, agreements, and leases, including all States in connection with the privatization corporation within 1 year of the private cor- uranium enrichment contracts, that were— of the Corporation is hereby withdrawn. poration’s incorporation unless the Sec- (1) transferred by the Secretary to the Cor- (5) To the extent that any claim against retary of the Treasury or his delegate, upon poration pursuant to section 1401(b) of the the United States under this section is of the the Corporation’s request, agrees to delay Atomic Energy Act of 1954 (42 U.S.C. type otherwise required by Federal statute any such dissolution for an additional year. 2297c(b)), or or regulation to be presented to a Federal SEC. 6. TRANSFERS TO THE PRIVATE CORPORA- (2) entered into by the Corporation before agency or official for adjudication or review, TION. the privatization date. such claim shall be presented to the Depart- Concurrent with privatization, the Cor- (b) NONTRANSFERABLE POWER CONTRACTS.— ment of Energy in accordance with proce- poration shall transfer to the private cor- The Corporation shall transfer to the private dures to be established by the Secretary. poration— corporation the right to purchase power Nothing in this paragraph shall be construed (1) the lease of the gaseous diffusion plants from the Secretary under the power purchase to impose on the Department of Energy li- in accordance with section 7, contracts for the gaseous diffusion plants ex- ability to pay any claim presented pursuant (2) all personal property and inventories of ecuted by the Secretary before July 1, 1993. to this paragraph. the Corporation, The Secretary shall continue to receive (6) The Attorney General shall represent (3) all contracts, agreements, and leases power for the gaseous diffusion plants under the United States in any action seeking to under section 8(a), such contracts and shall continue to resell impose liability under this subsection. (4) the Corporation’s right to purchase such power to the private corporation at cost (b) LIABILITY OF THE CORPORATION.—Not- power from the Secretary under section 8(b), during the term of such contracts. withstanding any provision of any agree- (5) such funds in accounts of the Corpora- (c) EFFECT OF TRANSFER.—(1) Notwith- ment to which the Corporation is a party, tion held by the Treasury or on deposit with standing subsection (a), the United States the Corporation shall not be considered in any bank or other financial institution as shall remain obligated to the parties to the breach, default, or violation of any agree- approved by the Secretary of the Treasury, contracts, agreements, and leases trans- ment because of the transfer of such agree- and ferred under subsection (a) for the perform- ment to the private corporation under sec- (6) all of the Corporation’s records, includ- ance of its obligations under such contracts, tion 8 or any other action the Corporation is ing all of the papers and other documentary agreements, or leases during their terms. required to take under this Act. materials, regardless of physical form or Performance of such obligations by the pri- (c) LIABILITY OF THE PRIVATE CORPORA- characteristics, made or received by the Cor- vate corporation shall be considered per- TION.—Except as provided in this Act, the poration. formance by the United States. private corporation shall be liable for any li- SEC. 7. LEASING OF GASEOUS DIFFUSION FACILI- (2) If a contract, agreement, or lease trans- abilities arising out of its operations after TIES. ferred under subsection (a) is terminated, ex- the privatization date. (a) TRANSFER OF LEASE.—Concurrent with tended, or materially amended after the pri- (d) LIABILITY OF OFFICERS AND DIREC- privatization, the Corporation shall transfer vatization date— TORS.—(1) No officer, director, employee, or to the private corporation the lease of the (A) the private corporation shall be respon- agent of the Corporation shall be liable in gaseous diffusion plants and related property sible for any obligation arising under such any civil proceeding to any party in connec- for the remainder of the term of such lease contract, agreement, or lease after any ex- tion with any action taken in connection in accordance with the terms of such lease. tension or material amendment, and with the privatization if, with respect to the (b) RENEWAL.—The private corporation (B) the United States shall be responsible subject matter of the action, suit, or pro- shall have the exclusive option to lease the for any obligation arising under the con- ceeding, such person was acting within the gaseous diffusion plants and related property tract, agreement, or lease before the termi- scope of his employment. for additional periods following the expira- nation, extension, or material amendment. (2) This subsection shall not apply to tion of the initial term of the lease. (3) The private corporation shall reimburse claims arising under the Securities Act of (c) EXCLUSION OF FACILITIES FOR PRODUC- the United States for any amount paid by 1933 (15 U.S.C. 77a. et seq.), the Securities Ex- TION OF HIGHLY ENRICHED URANIUM.—The the United States under a settlement agree- change Act of 1934 (15 U.S.C. 78a. et seq.), or Secretary shall not lease to the private cor- ment entered into with the consent of the under the Constitution or laws of any State, poration any facilities necessary for the pro- private corporation or under a judgment, if territory, or possession of the United States duction of highly enriched uranium but may, the settlement or judgment— relating to transactions in securities. subject to the requirements of the Atomic (A) arises out of an obligation under a con- Energy Act of 1954 (42 U.S.C. 2011 et seq.), tract, agreement, or lease transferred under SEC. 10. EMPLOYEE PROTECTIONS. grant the Corporation access to such facili- subsection (a), and (a) CONTRACTOR EMPLOYEES.—(1) Privatiza- ties for purposes other than the production (B) arises out of actions of the private cor- tion shall not diminish the accrued, vested of highly enriched uranium. poration between the privitation date and pension benefits of employees of the Cor- (d) DOE RESPONSIBILITY FOR PREEXISTING the date of a termination, extension, or ma- poration’s operating contractor at the gas- CONDITIONS.—The payment of any costs of terial amendment of such contract, agree- eous plants. decontamination and decommissioning, re- ment, or lease. (2) In the event that the private corpora- sponse actions, or corrective actions with re- (d) PRICING.—The Corporation may estab- tion terminates or changes the contractor at spect to conditions existing before July 1, lish prices for its products, materials, and either or both of the gaseous diffusion 1993, at the gaseous diffusion plants shall re- services provided to customers on a basis plants, the plan sponsors or other appro- main the sole responsibility of the Sec- that will allow it to attain the normal busi- priate fiduciary of the pension plan covering retary. ness objectives of a profit making corpora- employees of the prior operating contractor (e) ENVIRONMENTAL AUDIT.—For purposes tion. shall arrange for the transfer of all plan as- of subsection (d), the conditions existing be- SEC. 9. LIABILITIES. sets and liabilities relating to accrued pen- fore July 1, 1993, at the gaseous diffusion (a) LIABILITY OF THE UNITED STATES.—(1) sion benefits of such plan’s participants and plants shall be determined from the environ- Except as otherwise provided in this Act, all beneficiaries from such plant to a pension mental audit conducted pursuant to section liabilities arising out of the operation of the plan sponsored by the new contractor or the 1403(e) of the Atomic Energy Act of 1954 (42 uranium enrichment enterprise before July private corporation or a joint labor-manage- U.S.C. 2297c–2(e)). 1, 1993, shall remain the direct liabilities of ment plan, as the case may be. (f) TREATMENT UNDER PRICE-ANDERSON the Secretary. (3) In addition to any obligations arising PROVISIONS.—Any lease executed between (2) Except as provided in subsection (a)(3) under the National Labor Relations Act (29 the Secretary and the Corporation or the pri- or otherwise provided in a memorandum of U.S.C. 151 et seq.), any employer (including vate corporation, and any extension or re- agreement entered into by the Corporation the private corporation if it operates a gas- newal thereof, under the section shall be and the Office of Management and Budget eous diffusion plan without a contractor or deemed to be a contract for purposes of sec- prior to the privatization date, all liabilities any contractor of the private corporation) at tion 170d. of the Atomic Energy Act of 1954 arising out of the operation of the Corpora- a gaseous diffusion plant shall— (42 U.S.C. 2210(d)). tion between July 1, 1993, and the privatiza- (A) abide by the terms of any unexpired (g) WAIVER OF EIS REQUIREMENT.—The exe- tion date shall remain the direct liabilities collective bargaining agreement covering cution or transfer of the lease between the of the United States. employees in bargaining units at the plant

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S518 CONGRESSIONAL RECORD — SENATE January 26, 1996 and in effect on the privatization date until (C) Any suit alleging a violation of any those employees who elect to retain their the stated expiration or termination date of provision of this subsection, to the extent it coverage under FEHBP pursuant to para- the agreement; or does not allege a violation of the National graph (4); and (B) in the event a collective bargaining Labor Relations Act, may be brought in any (B) such amounts as are determined nec- agreement is not in effect upon the privat- district court of the United States having ju- essary by the Office of Personnel Manage- ization date, have the same bargaining obli- risdiction over the parties, without regard to ment under paragraph (6) to reimburse the gations under section 8(d) of the National the amount in controversy or the citizenship Office of Personnel Management for con- Labor Relations Act (29 U.S.C. 158(d)) as it of the parties. tributions under section 8906(g)(1) of title 5, had immediately before the privatization (b) FORMER FEDERAL EMPLOYEES.—(1)(A) United States Code, for those employees who date. An employee of the Corporation that was elect to retain their coverage under FEHBP (4) If the private corporation replaces its subject to either the Civil Service Retire- pursuant to paragraph (4). operating contractor at a gaseous diffusion ment System (referred to in this section as (6) The amounts required under paragraph plant, the new employer (including the new ‘‘CSRS’’) or the Federal Employees’ Retire- (5)(B) shall pay the Government contribu- contractor or the private corporation if it ment System (referred to in this section as tions for retired employees who retire from operates a gaseous diffusion plant without a ‘‘FERS’’) on the day immediately preceding the Corporation after the privatization date contractor) shall— the privatization date shall elect— under either CSRS or FERS, for survivors of (A) offer employment to non-management (i) to retain the employee’s coverage under such retired employees, and for survivors of employees of the predecessor contractor to either CSRS or FERS, as applicable, in lieu employees of the Corporation who die after the extent that their jobs still exist or they of coverage by the Corporation’s retirement the privatization date, with said amounts are qualified for new jobs, and system, or prorated to reflect only that portion of the (B) abide by the terms of the predecessor (ii) to receive a deferred annuity or lump- total service of such employees and retired contractor’s collective bargaining agreement sum benefit payable to a terminated em- persons that was performed for the Corpora- until the agreement expires or a new agree- ployee under CSRS or FERS, as applicable. tion after the privatization date. ment is signed. (B) An employee that makes the election (5) In the event of a plant closing or mass SEC. 11. OWNERSHIP LIMITATIONS. under subparagraph (A)(ii) shall have the op- layoff (as such terms are defined in section (a) SECURITIES LIMITATIONS.—No director, tion to transfer the balance in the employ- 2101(a)(2) and (3) of title 29, United States officer, or employee of the Corporation may ee’s Thrift Savings Plan account to a defined Code) at either of the gaseous diffusion acquire any securities, or any rights to ac- contribution plan under the Corporation’s plants, the Secretary of Energy shall treat quire any securities of the private corpora- retirement system, consistent with applica- any adversely affected employee of an oper- tion on terms more favorable than those of- ble law and the terms of the Corporation’s ating contractor at either plant who was an fered to the general public— employee at such plant on July 1, 1993, as a defined contribution plan. (1) in a public offering designed to transfer (2) The Corporation shall pay to the Civil Department of Energy employee for purposes ownership of the Corporation to private in- Service Retirement and Disability Fund— of sections 3161 and 3162 of the National De- vestors, (A) such employee deductions and agency fense Authorization Act for Fiscal Year 1993 (2) pursuant to any agreement, arrange- contributions as are required by sections (42 U.S.C. 7274h–7274i). ment, or understanding entered into before (6)(A) The Secretary and the private cor- 8334, 8422, and 8423 of title 5, United States the privatization date, or poration shall cause the post-retirement Code, for those employees who elect to re- (3) before the election of the directors of health benefits plan provider (or its suc- tain their coverage under either CSRS or the private corporation. (b) OWNERSHIP LIMITATION.—Immediately cessor) to continue to provide benefits for el- FERS pursuant to paragraph (1); igible persons, as described under subpara- (B) such additional agency contributions following the consummation of the trans- graph (B), employed by an operating con- as are determined necessary by the Office of action or series of transactions pursuant to tractor at either of the gaseous diffusion Personnel Management to pay, in combina- which 100 percent of the ownership of the plants in an economically efficient manner tion with the sums under subparagraph (A), Corporation is transferred to private inves- and at substantially the same level of cov- the ‘‘normal cost’’ (determined using dy- tors, and for a period of three years there- erage as eligible retirees are entitled to re- namic assumptions) of retirement benefits after, no person may acquire, directly or in- ceive on the privatization date. for those employees who elect to retain their directly, beneficial ownership of securities (B) Persons eligible for coverage under sub- coverage under CSRS pursuant to paragraph representing more than 10 percent of the paragraph (A) shall be limited to: (1), with the concept of ‘‘normal cost’’ being total votes of all outstanding voting securi- (i) persons who retired from active employ- used consistent with generally accepted ac- ties of the Corporation. The foregoing limi- ment at one of the gaseous diffusion plants tuarial standards and principles; and tation shall not apply to— on or before the privatization date as vested (C) such additional amounts, not to exceed (1) any employee stock ownership plan of participants in a pension plan maintained ei- two percent of the amounts under subpara- the Corporation, ther by the Corporation’s operating con- graphs (A) and (B), as are determined nec- (2) members of the underwriting syndicate tractor or by a contractor employed prior to essary by the Office of Personnel Manage- purchasing shares in stabilization trans- July 1, 1993, by the Department of Energy to ment to pay the cost of administering retire- actions in connection with the privatization, operate a gaseous diffusion plant; and ment benefits for employees who retire from or (ii) persons who are employed by the Cor- the Corporation after the privatization date (3) in the case of shares beneficially held in poration’s operating contractor on or before under either CSRS or FERS, for their sur- the ordinary course of business for others, the privatization date and are vested partici- vivors, and for survivors of employees of the any commercial bank, broker-dealer, or pants in a pension plan maintained either by Corporation who die after the privatization clearing agency. the Corporation’s operating contractor or by date (which amounts shall be available to SEC. 12. URANIUM TRANSFERS AND SALES. a contractor employed prior to July 1, 1993, the Office of Personnel Management as pro- (a) TRANSFERS AND SALES BY THE SEC- by the Department of Energy to operate a vided in section 8348(a)(1)(B) of title 5, RETARY.—The Secretary shall not provide en- gaseous diffusion plant. United States Code). richment services or transfer or sell any ura- (C) The Secretary shall fund the entire (3) The Corporation shall pay to the Thrift nium (including natural uranium con- cost of post-retirement health benefits for Savings Fund such employee and agency centrates, natural uranium hexafluoride, or persons who retired from employment with contributions as are required by section 8432 enriched uranium in any form) to any person an operating contractor prior to July 1, 1993. of title 5, United States Code, for those em- except as consistent with this section. (D) The Secretary and the Corporation ployees who elect to retain their coverage (b) RUSSIAN HEU.—(1) On or before Decem- shall fund the cost of post-retirement health under FERS pursuant to paragraph (1). ber 31, 1996, the United States Executive benefits for persons who retire from employ- (4) Any employee of the Corporation who Agent under the Russian HEU Agreement ment with an operating contractor on or was subject to the Federal Employee Health shall transfer to the Secretary without after July 1, 1993, in proportion to the retired Benefits Program (referred to in this section charge title to an amount of uranium person’s years and months of service at a as ‘‘FEHBP’’) on the day immediately pre- hexafluoride equivalent to the natural ura- gaseous diffusion plant under their respec- ceding the privatization date and who elects nium component of low-enriched uranium tive management. to retain coverage under either CSRS or derived from at least 18 metric tons of highly (7)(A) Any suit under this subsection alleg- FERS pursuant to paragraph (1) shall have enriched uranium purchased from the Rus- ing a violation of an agreement between an the option to receive health benefits from a sian Executive Agent under the Russian HEU employer and a labor organization shall be health benefit plan established by the Cor- Agreement. The quantity of such uranium brought in accordance with section 301 of the poration or to continue without interruption hexafluoride delivered to the Secretary shall Labor Management Relations Act (29 U.S.C. coverage under the FEHBP, in lieu of cov- be based on a tails assay of 0.30 U 235. Ura- 185). erage by the Corporation’s health benefit nium hexafluoride transferred to the Sec- (B) Any charge under this subsection alleg- system. retary pursuant to this paragraph shall be ing an unfair labor practice violative of sec- (5) The Corporation shall pay to the Em- deemed under United States law for all pur- tion 8 of the National Labor Relations Act ployees Health Benefits Fund— poses to be of Russian origin. (29 U.S.C. 158) shall be pursued in accordance (A) such employee deductions and agency (2) Within 7 years of the date of enactment with section 10 of the National Labor Rela- contributions as are required by section of this Act, the Secretary shall sell, and re- tions Act (29 U.S.C. 160). 8906(a)-(f) of title 5, United States Code, for ceive payment for, the uranium hexafluoride

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S519 transferred to the Secretary pursuant to (5) Except as provided in paragraphs (6) and (2) to any person for national security pur- paragraph (1). Such uranium hexafluoride (7), uranium hexafluoride delivered to the poses, as determines by the Secretary; or shall be sold— Russian Executive Agent under paragraph (3) (3) to any State or local agency or non- (A) at any time for use in the United or auctioned pursuant to paragraph (4), may profit, charitable, or educational institution States for the purpose of overfeeding; not be delivered for consumption by end for use other than the generation of elec- (B) at any time for end use outside the users in the United States either directly or tricity for commercial use. United States; indirectly prior to January 1, 1998, and there- (f) SAVINGS PROVISION.—Nothing in this (C) in 1995 and 1996 to the Russian Execu- after only in accordance with the following Act shall be read to modify the terms of the tive Agent at the purchase price for use in schedule: Russian HEU Agreement. matched sales pursuant to the Suspension SEC. 13. LOW-LEVEL WASTE. Agreement; or, Annual Maximum Deliveries to End Users (a) RESPONSIBILITY OF DOE.—(1) The Sec- (D) in calendar year 2001 for consumption Year: retary, at the request of the generator, shall by end users in the United States not prior (millions lbs. U3O8 accept for disposal low-level radioactive to January 1, 2002, in volumes not to exceed equivalent) waste, including depleted uranium if it were 3,000,000 pounds U3O8 equivalent per year. 1998 ...... 2 ultimately determined to be low-level radio- (3) With respect to all enriched uranium 1999 ...... 4 active waste, generated by— delivered to the United States Executive 2000 ...... 6 (A) the Corporation as a result of the oper- Agent under the Russian HEU Agreement on 2001 ...... 8 ations of the gaseous diffusion plants or as a or after January 1, 1997, the United States 2002 ...... 10 result of the treatment of such wastes at a Executive Agent shall, upon request of the 2003 ...... 12 location other than the gaseous diffusion Russian Executive Agent, enter into an 2004 ...... 14 plants, or agreement to deliver concurrently to the 2005 ...... 16 (B) any person licensed by the Nuclear Russian Executive Agent an amount of ura- 2006 ...... 17 Regulatory Commission to operate a ura- nium hexafluoride equivalent to the natural nium enrichment facility under sections 53, uranium component of such uranium. An * * * * * 63, and 193 of the Atomic Energy Act of 1954 agreement executed pursuant to a request of * * * than December 31 of each year on the (42 U.S.C. 2073, 2093, and 2243). the Russian Executive Agent, as con- effect the low-enriched uranium delivered (2) Except as provided in paragraph (3), the templated in this paragraph, may pertain to under the Russian HEU Agreement is having generator shall reimburse the Secretary for any deliveries due during any period remain- on the domestic uranium mining, conver- the disposal of low-level radioactive waste ing under the Russian HEU Agreement. The sion, and enrichment industries, and the op- pursuant to paragraph (1) in an amount quantity of such uranium hexafluoride deliv- eration of the gaseous diffusion plants. Such equal to the Secretary’s costs, including a ered to the Russian Executive Agent shall be report shall include a description of actions pro rata share of any capital costs, but in no based on a tails assay of 0.03 U 235. Title to taken or proposed to be taken by the Presi- event more than an amount equal to that uranium hexafluoride delivered to the Rus- dent to prevent or mitigate any material ad- which would be charged by commercial, sian Executive Agent pursuant to this para- verse impact on such industries or any loss State, regional, or interstate compact enti- graph shall transfer to the Russian Execu- of employment at the gaseous diffusion ties for disposal of such waste. tive Agent upon delivery of such material to plants as a result of the Russian HEU Agree- (3) In the event depleted uranium were ul- the Russian Executive Agent, with such de- ment. timately determined to be low-level radio- livery to take place at a North American fa- (c) TRANSFERS TO THE CORPORATION.—(1) active waste, the generator shall reimburse cility designated by the Russian Executive The Secretary shall transfer to the Corpora- the Secretary for the disposal of depleted Agent. Uranium hexafluoride delivered to tion without charge up to 50 metric tons of uranium pursuant to paragraph (1) in an the Russian Executive Agent pursuant to enriched uranium and up to 7,000 metric tons amount equal to the Secretary’s costs, in- this paragraph shall be deemed under U.S. of natural uranium from the Department of cluding a pro rata share of any capital costs. law for all purposes to be of Russian origin. Energy’s stockpile, subject to the restric- (b) AGREEMENTS WITH OTHER PERSONS.— Such uranium hexafluoride may be sold to tions in subsection (c)(2). The generator may also enter into agree- any person or entity for delivery and use in (2) The Corporation shall not delivery for ments for the disposal of low-level radio- the United States only as permitted in sub- commercial end use in the United States— active waste subject to subsection (a) with sections (b)(5), (b)(6) and (b)(7) of this sec- (A) any of the uranium transferred under any person other than the Secretary that is tion. this subsection before January 1, 1998; authorized by applicable laws and regula- (4) In the event that the Russian Executive (B) more than 10 percent of the uranium tions to dispose of such wastes. Agent does not exercise its right to enter (by uranium hexafluoride equivalent con- (c) STATE OR INTERSTATE COMPACTS.—Not- withstanding any other provision of law, no into an agreement to take delivery of the tent) transferred under this subsection or State or interstate compact shall be liable natural uranium component of any low-en- more than 4,000,000 pounds, whichever is less, for the treatment, storage, or disposal of any riched uranium, as contemplated in para- in any calendar year after 1997; or low-level radioactive waste (including mixed graph (3), within 90 days of the date such (C) more than 800,000 separative work units waste) attributable to the operation, decon- low-enriched uranium is delivered to the contained in low-enriched uranium trans- tamination, and decommissioning of any United States Executive Agent, or upon re- ferred under this subsection in any calendar uranium enrichment facility. quest of the Russian Executive Agent, then year. SEC. 14. AVLIS. the United States Executive Agent shall en- (d) INVENTORY SALES.—(1) In addition to (a) EXCLUSIVE RIGHT TO COMMERCIALIZE.— gage an independent entity through a com- the transfer authorized under subsections (c) The Corporation shall have the exclusive petitive selection process to auction an and (e), the Secretary may, from time to commercial right to deploy and use any amount of uranium hexafluoride U O (in the time, sell natural and low-enriched uranium 3 8 AVLIS patents, processes, and technical in- event that the conversion component of such (including low-enriched uranium derived formation owned or controlled by the Gov- hexafluoride has previously been sold) equiv- from highly enriched uranium) from the De- ernment, upon completion of a royalty alent to the natural uranium component of partment of Energy’s stockpile. agreement with the Secretary. such low-enriched uranium. An agreement (2) Except as provided in subsections (b), (b) TRANSFER OF RELATED PROPERTY TO executed pursuant to a request of the Rus- (c), and (e), no sale or transfer of natural or CORPORATION.— sian Executive Agent, as contemplated in low-enriched uranium shall be made unless— (1) IN GENERAL.—To the extent requested this paragraph, may pertain to any deliv- (A) the President determines that the ma- by the Corporation and subject to the re- eries due during any period remaining under terial is not necessary for national security quirements of the Atomic Energy Act of 1954 the Russian HEU Agreement. Such inde- needs, (42 U.S.C. 2011, et seq.), the President shall pendent entity shall sell such uranium (B) the Secretary determines that the sale transfer without charge to the Corporation hexafluoride in one or more lots to any per- of the material will not have an adverse ma- all of the right, title, or interest in and to son or entity to maximize the proceeds from terial impact on the domestic uranium min- property owned by the United States under such sales, for disposition consistent with ing, conversion, or enrichment industry, tak- control or custody of the Secretary that is the limitations set forth in this subsection. ing into account the sales of uranium under directly related to and materially useful in The independent entity shall pay to the Rus- the Russian HEU Agreement and the Suspen- the performance of the Corporation’s pur- sian Executive Agent the proceeds of any sion Agreement, and poses regarding AVLIS and alternative tech- such auction less all reasonable transaction (C) the price paid to the Secretary will not nologies for uranium enrichment, includ- and other administrative costs. The quantity be less than the fair market value of the ma- ing— of such uranium hexafluoride auctioned shall terial. (A) facilities, equipment, and materials for be based on a tails assay of 0.30 U 235. Title to (e) GOVERNMENT TRANSFERS.—Notwith- research, development, and demonstration uranium hexafluoride auctioned pursuant to standing subsection (d)(2), the Secretary activities; and this paragraph shall transfer to the buyer of may transfer or sell enriched uranium— (B) all other facilities, equipment, mate- such material upon delivery of such material (1) to a Federal agency if the material is rials, processes, patents, technical informa- to the buyer. Uranium hexafluoride auc- transferred for the use of the receiving agen- tion of any kind, contracts, agreements, and tioned pursuant to this paragraph shall be cy without any resale or transfer to another leases. deemed under United States law for all pur- entity and the material does not meet com- (2) EXCEPTION.—Facilities, real estate, im- poses to be of Russian origin. mercial specifications; provements, and equipment related to the

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S520 CONGRESSIONAL RECORD — SENATE January 26, 1996 gaseous diffusion, and gas centrifuge, ura- ‘‘(A) the common defense and security of Mr. President, this substitute is vir- nium enrichment programs of the Secretary the United States; or tually identical to USEC privatization shall not transfer under paragraph (1)(B). ‘‘(B) the maintenance of a reliable and eco- language contained in the Budget Rec- (3) EXPIRATION OF TRANSFER AUTHORITY.— nomical domestic source of enrichment serv- onciliation measure passed earlier by The President’s authority to transfer prop- ices.’’. erty under this subsection shall expire upon (3) Section 1701(c)(2) of the Atomic Energy the Senate. The differences in this the privatization date. Act of 1954 (42 U.S.C. 2297f(c)(2)) is amended amendment and the reconciliation lan- (c) LIABILITY FOR PATENT AND RELATED to read as follows: guage are as follows: CLAIMS.—With respect to any right, title, or ‘‘(2) PERIODIC APPLICATION FOR CERTIFICATE We included language in section 4(e) interest provided to the Corporation under OF COMPLIANCE.—The Corporation shall stipulating that the expenses of privat- subsection (a) or (b), the Corporation shall apply to the Nuclear Regulatory Commission ization shall be paid from Corporation have sole liability for any payments made or for a certificate of compliance under para- revenue accounts in the U.S. Treasury. awards under section 157b. (3) of the Atomic graph (1) periodically, as determined by the This language is contained in the bill Energy Act of 1954 (42 U.S.C. 2187(b)(3)), or Commission, but not less than every 5 years. any settlements or judgments involving The Commission shall review any such appli- as reported by the committee, but it claims for alleged patent infringement. Any cation and any determination made under was left out of the reconciliation lan- royalty agreement under subsection (a) of subsection (b)(2) shall be based on the results guage. The administration has re- this section shall provide for a reduction of of any such review.’’ quested that this language be restored, royalty payments to the Secretary to offset (4) Section 1702(a) of the Atomic Energy and we have agreed to do that in this any payments, awards, settlements, or judg- Act of 1954 (42 U.S.C. 2297f–1(a)) is amended— amendment. ments under this subsection. (1) by striking ‘‘other than’’ and inserting The language in this amendment also SEC. 15. APPLICATION OF CERTAIN LAWS. ‘‘including’’, and departs from the language in the rec- (a) OSHA.—(1) As of the privatization date, (2) by striking ‘‘sections 53 and 63’’ and in- the private corporation shall be subject to serting ‘‘sections 53, 63, and 193’’. onciliation bill in section 13, dealing and comply with the Occupational Safety (c) JUDICIAL REVIEW OF NCR ACTIONS.—Sec- with low level waste. We have reverted and Health Act of 1970 (29 U.S.C. 651 et seq.). tion 189b. of the Atomic Energy Act of 1954 to the language in the bill as reported (2) The Nuclear Regulatory Commission (42 U.S.C. 2239(b)) is amended to read as fol- by the committee, and have thus and the Occupational Safety and Health Ad- lows: solved another concern related to ura- ministration shall, within 90 days after the ‘‘b. The following Commission actions nium tails that had been raised by the date of enactment of this Act, enter into a shall be subject to judicial review in the administration. memorandum of agreement to govern the ex- manner prescribed in chapter 158 of title 28, Mr. President, with all of the discus- ercise of their authority over occupational United States Code, and chapter 7 of title 5, safety and health hazards at the gaseous dif- United States Code: sions about partisanship and the dif- fusion plants, including inspection, inves- ‘‘(1) Any final order entered in any pro- ficulty of working out complex legisla- tigation, enforcement, and rulemaking relat- ceeding of the kind specified in subsection tion in this Congress, let me highlight ing to such hazards. (a). the fact that the year-long effort to de- (b) ANTITRUST LAWS.—For purposes of the ‘‘(2) Any final order allowing or prohibiting velop this legislation has been bipar- antitrust laws, the performance by the pri- a facility to begin operating under a com- tisan and bicameral. House and Senate vate corporation of a ‘‘matched import’’ con- bined construction and operating license. tract under the Suspension Agreement shall staffers have sat down with adminis- ‘‘(3) Any final order establishing by regula- tration officials and jointly developed be considered to have occurred prior to the tion standards to govern the Department of privatization date, if at the time of privat- Energy’s gaseous diffusion uranium enrich- the bulk of the language in this sub- ization, such contract had been agreed to by ment plants, including any such facilities stitute amendment. the parties in all material terms and con- leased to a corporation established under the I would hasten to add, however, that firmed by the Secretary of Commerce under USEC Privatization Act. this amendment does not contain lan- the Suspension Agreement. ‘‘(4) Any final determination under section guage sought by the administration re- (c) ENERGY REORGANIZATION ACT REQUIRE- 1701(c) relating to whether the gaseous diffu- lated to a waiver of trade laws. That MENTS.—(1) The private corporation and its sion plants, including any such facilities contractors and subcontractors shall be sub- matter is the subject of ongoing discus- leased to a corporation established under the sions between administration officials, ject to the provisions of section 211 of the USEC Privatization Act, are in compliance Energy Reorganization Act of 1974 (42 U.S.C. with the Commission’s standards governing the Senate Finance Committee, and 5851) to the same extent as an employer sub- the gaseous diffusion plants and all applica- the House Ways and Means Committee. ject to such section. ble laws.’’. Those discussions will continue, and (2) With respect to the operation of the fa- (d) CIVIL PENALITIES.—Section 234a. of the those committees will continue their cilities leased by the private corporation, Atomic Energy Act of 1954 (42 U.S.C. 2282(a) deliberations on the question of waiver section 206 of the Energy Reorganization Act is amended by— language. The absence of waiver lan- of 1974 (42 U.S.C. 5846) shall apply to the di- (1) striking ‘‘any licensing provision of sec- rectors and officers of the private corpora- guage in this amendment should not be tion 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or construed by anyone as a signal that tion. 109’’ and inserting: ‘‘any licensing or certifi- SEC. 16. AMENDMENTS TO THE ATOMIC ENERGY cation provision of section 53, 57, 62, 63, 81, efforts to arrive at a compromise in ACT. 82, 101, 103, 104, 107, 109, or 1701’’; and that area have been abandoned. (a) REPEAL.—(1) Chapters 22 through 26 of (2) by striking ‘‘any license issued there- It is my hope that we can move this the Atomic Energy Act of 1954 (42 U.S.C. under’’ and inserting: ‘‘any license or certifi- measure as a stand-alone bill, or as 2297–2297e–7) are repealed as of the privatiza- cation issued thereunder’’. part of any other legislative vehicle tion date. (e) REFERENCES TO THE CORPORATION.—Fol- that is available to us in the coming (2) The table of contents of such Act is lowing the privatization date, all references amended as of the privatization date by weeks. For that reason, I wanted my in the Atomic Energy Act of 1954 to the colleagues and the public to have an striking the items referring to sections re- United States Enrichment Corporation shall pealed by paragraph (1). be deemed to be references to the private ample opportunity to review this lan- (b) NRC LICENSING.—(1) Section 11v. of the corporation. guage. Atomic Energy Act of 1954 (42 U.S.C. 2014v.) is amended by striking ‘‘or the construction SEC. 17. AMENDMENTS TO OTHER LAWS. and operation of a uranium enrichment facil- (a) DEFINITION OF GOVERNMENT CORPORA- THE BALANCED BUDGET ity using Atomic Vapor Laser Isotope Sepa- TION.—As of the privatization date, section DOWNPAYMENT ACT, I ration technology’’. 9101(3) of title 31, United States Code, is (2) Section 193 of the Atomic Energy Act of amended by striking subparagraph (N) as 1954 (42 U.S.C. 2243) is amended by adding at added by section 902(b) of Public Law 102–486. HARKIN AMENDMENT NO. 3122 (b) DEFINITION OF THE CORPORATION.—Sec- the end the following: Mr. HARKIN proposed an amendment ‘‘(f) LIMITATION.—No license or certificate tion 1018(1) of the Energy Policy Act of 1992 of compliance may be issued to the United (42 U.S.C. 2296b–7(1) is amended by inserting to the bill H.R. 2880, supra, as follows: States Enrichment Corporation or its suc- ‘‘or its successor’’ before the period. At the appropriate place in the bill insert cessor under this section or sections 53, 63, or Mr. MURKOWSKI. Mr. President, on the following: Notwithstanding any provi- sion of this Act, all projects and activities 1701, if the Commission determines that— behalf of myself and Mr. JOHNSTON, Mr. ‘‘(1) the Corporation is owned, controlled, funded under the account heading ‘‘Office of or dominated by an alien, a foreign corpora- DOMENICI and Mr. FORD, I submit a sub- the Inspector General’’ under the Office of tion, or a foreign government; or stitute amendment to S. 755, Calendar the Secretary in the Department of Health ‘‘(2) the issuance of such a license or cer- number 244, the USEC Privatization and Human Services at a rate for operations tificate of compliance would be inimical to— Act. not to exceed an annual rate for new

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S521 obligational authority of $58,493,000 for gen- Clydell Duncan, Sr., the recently re- The Civil War was fought and the slave eral funds together with not to exceed an an- tired police chief for the city of Flint— issue was settled, but the issue of racism was nual rate for new obligational authority of the second African-American police not resolved. $20,670,000 to be transferred and expended as chief and the first African-American Even after the Civil War and during the re- authorized by section 201(g)(1) of the Social construction period, our nation still strug- Security Act from the Hospital Insurance captain in the Flint Police Depart- gled with the issue of racism. Trust Fund and the Supplemental Medical ment. Because even after slavery, we had a leg- Insurance Trust Fund. And last but certainly not least, acy of Jim Crow laws—of segregation—and f Mayor Woodrow Stanley, who has done this issue of racism was based purely on such a fine job as the first African- color. NOTICE OF HEARINGS American mayor elected to serve two So, although the Civil War was over, our nation was still confused about Lincoln’s no- THE OVERSIGHT AND INVESTIGATIONS terms in the city of Flint.∑ tion that ‘‘Four score and seven years ago, SUBCOMMITTEE f our fathers brought forth on this continent a Mr. THOMAS. Mr. President, I would new nation conceived in liberty and dedi- like to announce for the information of THE STATE OF RACE RELATIONS IN AMERICA cated to the proposition that all men were the Senate and the public that a hear- created equal.’’ ing has been scheduled before the Over- ∑ Mr. ROCKEFELLER. Mr. President, I And over 100 years later, in the 1950’s and sight and Investigations Subcommittee would like to place in the RECORD a 60’s, the nation was still divided by race. of the Energy and Natural Resources copy of a speech about the wrenching As a result, there was a whole movement Committee to review trends in Federal subject of racism, written by a good led by the Civil Rights leader Dr. Martin Lu- friend and colleague. Mr. Jim H. Paige ther King, Jr. who was basically trying to land ownership. get America to live up to the Constitution. The hearing will take place on Tues- III is the West Virginia Secretary of As Lincoln had noted earlier, our preamble day, February 6 at 2 p.m. in room SD– Tax and Revenue, and he recently gave states ‘‘We hold these truths to be self-evi- 366 of the Dirksen Senate Office Build- this speech before the 115th Annual dent—that all men are created equal.’’ ing in Washington, DC. West Virginia Council of Churches Gov- From a historical perspective I think it in- Those wishing to testify or submit erning Assembly. Its words struck me teresting that during the 1860’s there was a written statements should write to the as most sincere, insightful, and edu- strong polarization based on slavery. cational. I hope it will be just as bene- And in the 1960’s that polarization still ex- Committee on Energy and Natural Re- isted—not on slavery, however, but on seg- sources, U.S. Senate, Washington, DC ficial to everyone else. regation, in an attempt to separate our 20510. For further information, please Despite America’s proud history as races. call Kelly Johnson or Jo Meuse at (202) the melting pot Nation, we still strug- So the Civil Rights movement resulted in 224–6730. gle with the signs and attitudes of rac- legislation that was to end this segregation. f ism in virtually every corner of our so- Therefore, we experienced a desegregation ciety. It is a problem that most Ameri- of schools, of public facilities. ADDITIONAL STATEMENTS cans would say is abhorrent and un- We now have laws on the books that make justifiable, but also one that will not segregation illegal. We come to an interesting stage in this CONGRATULATING RECIPIENTS OF disappear without even more effort. brief historical perspective, because what THE FORUM MAGAZINE’S AFRI- But I believe it is not only possible to the laws could not do were to change racial CAN-AMERICAN PIONEER combat discrimination, it is also essen- attitudes—the way people think and the way AWARDS tial. Diversity in background, skin people feel about each other. color, family ancestry, religion, and Although tremendous strides have been ∑ Mr. ABRAHAM. Mr. President, it is geography should be celebrated and made, even 30 years after the great Civil fitting that during February, Black viewed as the way to build a stronger Rights movement, the issue of racism is still History Month, The Forum magazine prevalent in our society today. nation. The recent O.J. Simpson trial and verdict awards its honors to African-American The more thought and study each of pioneers. These outstanding men and brought back to the surface again this can- us give to the issues of racism and dis- cer of racism. women of African-American descent crimination, and the more discussions But the questions that still linger ‘‘What is have succeeded in the face of discrimi- we hold with others on how to spread racism and how do we solve it?’’ nation and other hardships. Chosen for tolerance and equality, the more we How do we define racism? their contributions to the Flint com- can enlighten and educate ourselves to In order to deal with a problem, we should munity and other parts of Michigan, move toward making equality for all try to define it first. I define it as an attitude people have in they have shown their commitment to people a reality. excellence in public service. which they feel they are superior to another It is my honor to submit this compel- group of people, and that superiority gives I extend my heartfelt congratula- ling text by a very fine West Virginian them certain privileges of authority over tions to each of the following 1996 Afri- into the CONGRESSIONAL RECORD. those people. can-American pioneer honorees: The text follows: Now the result of racism is that the people who have been victimized by racism respond Judge Ramona Roberts, the second SPEECH TO THE WEST VIRGINIA COUNCIL OF with bitterness and resentment toward those African-American female judge elected CHURCHES GOVERNING ASSEMBLY, OCTOBER in Genesee County, and the only such 19, 1995 who exercise that authority. judge currently serving. And, the alienation becomes even greater. (By Jim H. Paige III) So, if you think about it in a logical fash- Dr. Nanette Lee Reynolds, the first It is indeed an honor to be asked to partici- ion, racism is based purely on ignorance. African-American female director of pate in your Annual Governing Assembly. Because racism takes one criterion, a su- the Michigan Department of Civil I have been intrigued with the forum which perficial criterion—race—and it passes judg- Rights. has been organized here and impressed that ment on an entire group of people. Mrs. Valaria Conerly Moon, the first you set aside a special time to discuss the Utilizing folklore, tradition, and stereo- and only African-American female di- hopes and concerns of West Virginia’s spir- types—not facts, not any type of intellectual rector of the Valley Area Agency on itual community. analysis—racism concludes that all the peo- I was asked to speak here tonight about Aging. ple in a certain classification are a certain racism. way. Louis Hawkins, the first African- It is a topic that deserves our most intel- I think we all could conclude that this American city clerk for the city of lectual thoughts and energies. type of deductive reasoning is unwise and Flint. Historically, as you know, in the 1860’s the unproductive. John Selmon, the first African-Amer- most divisive issue in the United States was Whether it’s black against white, whether ican dean of the Detroit College of slavery. it’s white against black—it doesn’t matter. Business-Flint campus. The issue of slavery divided the nation. This type of attitude is unproductive, Joseph Abraham, president of the The industrial North had very little use for unhealthy and undeserved in our society slave labor. today. AFL–CIO, the longest serving—at 20 However, the agricultural South had a Now that we have defined the issue, how do years—union president in Flint and one great need for a large slave labor pool. we find solutions to address this evil? of the longest serving in the United At that time, slavery was based strictly on I don’t believe racism is an issue that our States. race. government can solve.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S522 CONGRESSIONAL RECORD — SENATE January 26, 1996 Because government cannot legislate mo- And that’s the real beauty of America— If there is not, keep your eyes open for rality. that we are stronger together as a nation ways that you can support the dreams of Government cannot tell people to think a than we are apart. young people around you. certain way or feel a certain way. The next step in addressing solutions to- Dr. William Julius Wilson, the sociologist, When our government attempts to legis- ward the issue of racism in our society is one grew up poor. late feelings and attitudes, it creates greater of education. His father died when he was twelve. problems. And I feel that this educational component He was the oldest of six children. In America, our great land of freedom and is the most important component because it When asked how he was able to achieve independence in which we live, we hold it as starts in the home with parents teaching under such circumstances, he said: a high value and virtue that people can their children about respecting not only ‘‘I was able to get out of that situation be- think thoughts they want to think and feel their own race but respecting other races as cause first of all, I always had a role model the way they want to feel—they have certain well, teaching them to love their neighbors out there, my aunt Janice, who was the first liberties and certain freedoms. as they would love themselves, teaching person in our family to get a college edu- And rightly so. them to respect people who are different cation. She used to take me to museums and The only danger of this is that when people than themselves, teaching them to recognize give me books to read, and so on. And then have racial thoughts and racial feelings, it that every individual has some intrinsic I served as a role model for my other broth- creates a tremendous hardship for society. value and worth. ers and sisters.’’ So, if government cannot solve this prob- For me, growing up as an African-Amer- This speaks powerfully to the tremendous lem, how can we address this major issue of ican in a predominately white City and influence that a role model can have on a racism in our society today? State, I learned at a very early age to appre- person’s life. I think this is an issue that can only be re- ciate different cultures because of my par- There are countless opportunities for you solved with a continuing dialogue, inter- ents and my friends. to put the skills you’ve learned in life to use action and commitment. Although I was raised in a culture which helping others make their way. Racism is an activity that requires daily was not as economically affluent as others in And I am really convinced that this is moral awakening that leads to real change. which I was exposed, I still maintained a where all real change, all real building for The only way we can overcome the stereo- high degree of respect for both cultures. the future takes place—on a very personal types, the tradition, the false information we Because my goal as I got older was to pull level right around you. have been given about each other is through from the strength of both cultures to be the In the past, some communities have sunk contact with the people we have learned to best person I could possibly be. deeper and deeper into decay, waiting for disdain and look down upon. And it’s important to note, that one of the someone to come to the rescue. There is nothing government can do about severe consequences of racism is that it robs I say, ‘‘We are our own rescuers. We are the that. people from being the best they can possibly ones who will save ourselves.’’ There is no way we can legislate that black We can hope for money or assistance to be, because racism does not allow people to people and white people must sit down to- come from somewhere. pull from the strengths of others. gether, and learn about each other, under- Sometimes it does and sometimes it Therefore, education at home and edu- stand each other, and appreciate each other’s doesn’t. cation in school is the key to opening our differences. But we cannot afford to sit and wait. minds, to breaking down stereotypes, myths Integration certainly went a long way in We must do what we can, what is within and folklore about other cultures. bringing our races together. our power, to make our communities sound- Because education is the key, I extend to But further steps are needed to change at- er, our children’s lives more promising. titudes. Because racism is not genetic—it’s a you an opportunity to work with me. We need to take advantage of every pro- I have established several Learning Cen- learned value system, it is an attitude that gram that is currently in operation to make ters around the state with the primary focus is passed down from one generation to the our streets safer and our futures brighter. of educating our young people about the dif- next. We are the ones who live in our neighbor- It’s a cancer which continues to rob our ference education can make in their lives. hoods. nation of its productivity. I invite you to come and share your experi- If we do not care enough to do our very If we didn’t have to deal with the barrier of ences with these children who come from dif- best to make that place a good area in which racism, imagine the energy, talent and re- ferent cultures and races. to live, then why should we expect others to? sources which could be directed toward solv- Together we can learn from each other and We have the most to gain by working to ing problems in our society which are uni- attack the problems which we are finding in improve our communities and the most to versal and common to all of us. our communities—illiteracy, juvenile delin- lose by sitting back and waiting. Now let’s examine some solutions to quency, ignorance. If we want better lives, then the very first breaking this barrier of racism. I’m sure most of you would agree, that step is doing what each one of us can do to First and foremost, I think one has to ad- these young people are worth saving. make positive things happen. dress this issue openly and honestly on an And as influential leaders, as spiritual Start with you, with your family, your individual basis using self-analysis. leaders, I believe that ‘‘giving back’’ to your street, this church. Let me state I don’t think there is any- individual communities will do more to We must first be responsible for ourselves thing wrong with cherishing your own race— eradicate racism than all of the marches and and our activities. your own culture and values—but the issue is trials put together. Then sometimes you find that changes whether you respect others who do the same. Your example as a role model in your com- that occur in small places often lead to dra- In order to have racial harmony in our cul- munity is very influential when children are matic changes in wider areas. ture today, we must respect our differences. small, but it certainly does not stop there. You never know where your example and Actually, to have harmony, we must have It is very critical for a young person to influence will lead. differences. have someone to turn to for guidance when But I do know that for any of it to be suc- For example, in the world of music. they reach an age that they are making the cessful, for any change to occur, we must You could have an orchestra—which has big chioces that will influence their future, Maybe you are not the mayor or a famous stringed instruments, percussion instru- whether to stay in school or drop out, wheth- athlete or a wealthy contributor to charity. ments—each instrument has its own distinct er to stick with their gang or try to move on But you are a person who influences the sound but because they are playing from the as an individual, whether to try to hold a job quality of every life he touches in small same score, and they are contributing what or make money some easier, more dangerous ways and in large ways. they were designed to contribute, that cre- way. Use that power constructively. ates a very harmonious sound which is very Someone of this age can really benefit Use the tools that God gave you to change pleasing to the ear. from association with a mentor—an adult your world for the better. Again, they are not competing with each with valuable life experience who can guide And this is how I answer the question, other, they are complimenting each other. a young person through some of the tough ‘‘How do we teach our children how to deal In like manner, we can have racial har- decisions that he will have to make. with racism?’’ mony by respecting the fact that we come Some schools or churches have formal pro- A change for our futures and our children’s from different cultural orientations and dif- grams where individuals are paired based on futures must come from me and you. Soci- ferent historical experiences. common interests or goals. ety’s rules should change, and eventually I But what we bring to the whole, creates An adult who is a physical therapist, for think they probably will. But think of the something we could not have apart from example, may be paired with a young person time wasted while we sat waiting for that each other. who is interested in pursuing a career in the miraculous day to happen. What we collectively bring together could health field. I feel we are all called to be citizens of ac- be much stronger and could be much better The adult knows what it will take in prac- tion. Today is the day, now is the best time, than what the individual groups would have tical terms for a person to achieve this goal to start building that new life. independently. and is, therefore, a tremendous resource for In closing, I commend your organization’s Frederick Douglass once said, ‘‘We are one, a young person to have for encouragement. effort here this evening, because we all know our cause is one, and we must help each If there is such a program in your area, I that Jesus’s ministry is one of reconcili- other; if we are to succeed.’’ urge you to consider becoming involved. ation.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S523 We will soon enter into our third century CONGRATULATIONS TO STEPHEN Steve Orlofsky has all of the personal as a nation. ORLOFSKY ON HIS CONFIRMA- attributes and professional qualifica- Whether we build in that third century a TION TO BE A JUDGE ON THE tions one could wish for in a judge, and civilization we can be proud of depends on FEDERAL DISTRICT COURT OF then some. whether we can arrive at a common concep- So, Mr. President, I want to again tion of what that civilization might stand NEW JERSEY for or what it might do superbly well. ∑ Mr. LAUTENBERG. Mr. President, congratulate Steve on his appoint- It really depends on us and our children. on February 5, 1996, Steve Orlofsky will ment, and wish him all the best in his The mantle of leadership has fallen on our take the oath of office as a Federal Dis- new position. I am very proud to have shoulders. So let’s make this event more trict Court Judge for the District of recommended him to President Clin- than just a dinner and keynote speech, let’s New Jersey. ton. I hope he will serve on our district allow it to be the first building block in I had the high honor and privilege of court for many years. I know he will overcoming this barrier of racism. recommending Mr. Orlofsky to Presi- serve with distinction, dispensing jus- Thank you.∑ dent Clinton last year, and I want to tice to each person who appears before take just a few moments of the Sen- him with compassion, fairness, and f ate’s time to explain why I am so proud wisdom.∑ of him, and why I know he will make f HONORING RICH STEELE OF such an outstanding judge. SENIOR CITIZENS HOUSING RICHLAND, WA Mr. President, let me begin by noting SAFETY ACT ∑ that when Steve is sworn in, he will re- Mrs. MURRAY. Mr. President, on ∑ November 17, 1995, Richard Steele of place Judge John R. Gerry on the Mr. GREGG. Mr. President, on Janu- Richland, WA, was presented with an bench. Judge Gerry was revered in New ary 23, 1996, the Senate passed S. 1494, Environmental Hero Award by the Jersey, and was widely known as a dis- a bill extending several housing pro- Washington Environmental Council for tinguished legal scholar, skilled admin- grams through October 1, 1996. I am spearheading the effort to save the istrator, and a compassionate, pleased the Senate included in this bill Hanford Reach, the last free-flowing thoughtful judge. He was dedicated to language I developed in my legislation, stretch of the Columbia River. I pre- dispensing justice, and he had a reputa- S. 247, the Senior Citizens Safety Act pared the following statement for the tion for always acting with great fair- of 1995. I am hopeful that the President event and ask that it be printed in the ness. will match the tough anti-crime rhet- I mention this because Judge Gerry oric conveyed in his State of the Union RECORD. was Steve Orlofsky’s mentor and role Address, and sign this legislation when Rich Steele is a man with a mission. model when Steve served as a U.S. it arrives on his desk. In fact, Rich Steele is something of a mis- magistrate in his court. They main- This legislation will end the terror sionary in the crusade to protect the Han- ford Reach—the last free-flowing stretch of tained a close relationship over the that, unfortunately, runs rampant the Columbia River and a sanctuary for one years, even after Steve went into pri- throughout many elderly housing of the strongest salmon runs left in the vate practice. projects. It offers both local public Northwest. Mr. President, I spoke with Judge housing facilities [PHA] and local prop- Rich has labored for 30 years to protect the Gerry shortly before his death, and he erty owners with the power to screen Reach. But he is not your average environ- had one request: that I recommend out and evict from public and assisted mentalist. Rich was brought up the hard way Steve to replace him on the New Jersey housing persons who illegally use drugs in the Tri-Cities; worked construction and District bench. and whose abuse of alcohol is a risk to other jobs until joining the workforce at the Judge Gerry’s shoes will be hard to other tenants. Hanford Nuclear Reservation, where he be- fill, but I am confident that Steve came one of the site’s top technicians. As an In my home State of New Hampshire, avid hunter and fisher, Rich came to love the Orlofsky will be a worthy successor. most people are still afforded the lux- River and became its chief advocate. Mr. President, Steve Orlofsky is a ury of not having to lock their front His call to this mission came in the mid- man of integrity, with a commitment doors before turning in for the evening. sixties, when the Reach was threatened by to justice and the law, a judicious tem- However, many elderly residents of the Ben Franklin Dam proposal. Rich orga- perament, a strong intellect and prov- public housing facilities in my State nized the Columbia River Conservation en legal skills. and across America have been forced to League in 1967, coordinating successful local He meets the highest standards of ex- not only lock their front doors, but are opposition to the dam and its powerful back- cellence and will enhance the quality literally being held prisoner in their ers. He revived the CRCL in the 1980s to of justice in New Jersey. own homes. I believe this is out- block a dredging proposal for the Reach. All In reviewing his candidacy, the the while, Rich has preached the virtues of American Bar Association unani- rageous. I have received numerous the Reach—its clear waters and fabulously mously conferred Steve with a ‘‘well complaints from residents of elderly productive spawning areas, its rich human qualified’’ rating—the highest rating housing facilities throughout New history, its abundant wildlife, its majestic Hampshire who are worried about their White Bluffs and soul-restoring solitude. possible. This consensus speaks to his superb qualifications. personal safety in housing specifically On his own time and at considerable per- reserved for them. sonal expense, Rich has led hundreds of pil- Steve has been a widely respected at- grimages down the Reach, making converts torney in private practice, and he has While community policing has gone a among local citizens, the national media, extensive experience in Federal litiga- long way toward making many of and elected officials. After touring the Reach tion. He previously served as a mag- America’s neighborhoods safe for its el- with Rich last summer, I am among those istrate judge in the New Jersey Federal derly residents. No longer will people who believe it deserves the highest level of District Court from 1976 to 1980. He also residing in public housing facilities be permanent protection we can give it. has served in leadership roles in his allowed to harass, shake down, or in- Working closely with other long-time ad- county and State bar associations, and timidate their elderly neighbors. Our vocates like Jack de Yonge, a dedicated elderly population remains vulnerable, group of local conservationists, and the Na- has served his community by providing ture Conservancy, Rich has helped to popu- pro bono legal services. and I am pleased the Senate has taken larize the Reach to the point that Wild and In addition, he has published in legal this action which will help protect Scenic River designation enjoys strong sup- journals and served as a lecturer in on- them. port in the Tri-Cities. Despite opposition going legal education courses. Our housing laws must protect elder- from some local politicians, we are devel- Mr. President, Steve Orlofsky has the ly residents. Currently, non-elderly oping legislation to protect the Reach that I capacity to be an outstanding Federal persons, considered disabled because of believe will have a good chance of enact- judge not only because of his thorough past drug and alcohol abuse problems, ment—perhaps even in this Congress. knowledge of the law, but also because are eligible to live in housing des- None of this would be possible without ignated for the elderly. This mixing of Rich Steele’s inspired leadership, passionate of his commitment to justice. He will activism, and three decades of hard work. offer more than extensive legal experi- populations may have filled up the Rich has devoted his life to saving the ence. He has good judgment, solid val- housing projects across the country, Reach, and it is fitting that he be honored as ues, and sensitivity to moral and eth- but it has opened a Pandora’s box of an environmental hero. ∑ ical issues. trouble. Simply put, Young, recovering

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S524 CONGRESSIONAL RECORD — SENATE January 26, 1996 alcoholics and drug addicts are not to other cities and States in their pro- serve our national energy interests, comparable with elderly persons. Many fessional areas. This year, the Giant and would create a serious setback in of these young people hold all night, Among Giants Award will be presented this country’s search for energy inde- loud parties, shake down many of the to the Honorable Benjamin H. Logan pendence. elderly residents for money, sell drugs II. The $2 billion Great Plains Gasifi- within the housing facility, and gen- Ben has been a community-oriented cation Plant was constructed in the erally disturb the right to the peaceful person throughout his life. He has gen- early 1980’s after DOE guaranteed a $1.5 enjoyment of the premises by other erously contributed both his time and billion loan for construction of the tenants. talents to many organizations includ- plant. The DOE loan was made pursu- This legislation, by no means, cir- ing the Urban League, Boy Scouts of ant to the Federal Nonnuclear Energy cumvents the current housing eviction America, NAACP, Lions Club, YMCA, Research and Development Act of 1974. procedure. It simply mandates that U.S. Supreme Court Historical Society, Great Plains is the only project oper- these individuals with patterns of drug and countless others. ating today developed pursuant to the and alcohol abuse be evicted after one In 1988 Judge Logan, in a historic act. Additionally, Great Plains is the incident if it is determined by the local write-in election, became the first Afri- only project built as a result of the PHA that their behavior threatens the can-American judge of the 61st District Government’s attempts in the late health, safety, or right to peaceful en- Court in Grand Rapids. He has been 1970’s and early 1980’s to demonstrate joyment of the premises by other ten- victorious in every subsequent elec- our ability to achieve energy independ- ants. tion. He is a member of the Michigan ence. This legislation will help to restore Black Judges Association and national The synfuels plant was only made order in housing projects throughout chair of the Judicial Council of the Na- possible as a result of the issuance by the country. It requires tenants to em- tional Bar. FERC of its opinion 119 which approved brace personal responsibility by man- Serving his country, church, and the gas purchase agreements between dating tenants to sign a statement community throughout his life, Ben- Great Plains and the four pipeline pur- which says no person who will be occu- jamin H. Logan II has been an example chasers. As approved by opinion 119, pying the unit set aside for the elderly to others and an embodiment of the these gas purchase agreements provide will illegally use a controlled sub- values that the Giant Among Giants for the sale of synthetic natural gas at stance or abuse alcohol in any way. Ad- Award represents. Mr. President I am prices established by a formula set out ditionally, the bill will allow the local sure that my colleagues in the Senate in the agreements. In issuing the $1.5 PHA to evict those persons who con- join me in extending our congratula- billion loan guarantee, DOE relied on tinuously raise havoc within these tions to Judge Logan upon receiving FERC’s opinion 119 and the reasonable housing projects. this prestigious award. assumption FERC would stand behind its commitment. I want to commend the Senate for its f action in passing this important legis- Unfortunately, the original project GREAT PLAINS SYNFUELS PLANT lation. It will make our public housing sponsors abandoned the project after it facilities safe for our most vulnerable ∑ Mr. CONRAD. Mr. President, I rise was completed in 1985 in response to citizens, the elderly.∑ today to discuss an issue of extreme sudden changes in global energy prices. DOE assumed operation of the plant, f important to my State of North Da- kota and to this Nation’s energy secu- and eventually secured ownership HON. BENJAMIN H. LOGAN II rity. through foreclosure. In 1988, DOE sold ∑ Mr. LEVIN. Mr. President, I rise The issue is one currently before the the facility to DGC, a subsidiary of today to pay tribute to the Honorable Federal Energy Regulatory Commis- Basin Electric Power Cooperative in Benjamin H. Logan II, judge of the 61st sion [FERC], and involves the fate of a my State. DOE selected Basin over District Court of the city of Grand unique energy project in North Da- other bidders because of its commit- Rapids, MI. In so doing, I join with the kota—the Great Plains Coal Gasifi- ment to the long-term operation of the members of his community who are cation Plant located near Beulah, ND. project. honoring Judge Logan on Saturday, The gasification plant converts abun- When Congress authorized DOE to February 3, 1996, with the 13th annual dant lignite coal into clean-burning sell the synfuels plant, Congress indi- Giant Among Giants Award. synthetic natural gas. It is the only cated to the Department that a com- This award will be presented to commercial-scale plant of its kind that mitment to the long-term operation of Judge Logan at the 14th annual Giants produces synthetic natural gas from the plant was an important criteria in Banquet and Awards celebration that coal in the world. evaluating bids for the project. In fact, will be held on the Grand Rapids Com- FERC must decide whether to ap- the conference report accompanying munity College campus in the Gerald prove certain negotiated settlement Public Law 100–202 states: R. Ford Field House. This celebration agreements between Dakota Gasifi- The managers agree that the Department is sponsored by the college and a con- cation Company [DGC], owner of the of Energy should place higher priority on the sortium of African-American organiza- synfuels plant, and three interstate continued long-term operation of the Great Plains Coal Gasification Plant as part of its tions with the purpose of raising the pipeline companies which purchase the divestiture activity. Continued long-term awareness of the Greater Grand Rapids synthetic natural gas produced by the operation is needed to avoid disruptions to citizenry of the contributions African- plant. Additionally, DGC reached an the local economy, capture the benefits asso- American individuals, organizations, agreement with the Department of En- ciates with extended Plant operations and and businesses have made to the his- ergy [DOE] which is contingent on collect emission reduction technology data. tory, continuous growth, and progress FERC approval of the agreements be- That sale also continued the Depart- of metropolitan Grand Rapids. tween DGC and the pipelines. ment’s interest in the long-term oper- The ceremony honors 14 individuals Late last month, an administrative ation of the plant by including a profit- for their outstanding commitment and law judge at FERC issued a decision sharing arrangement between DGC and contributions to the community. Each which could have the impact of closing DOE for the profits from the sale of of the 12 Giant awards presented at the the project. The judge invalidated synthetic natural gas. DGC and DOE event is named after local African- three of the four settlements between reasonably assumed FERC would con- American individuals who have given DGC and the pipelines. Ironically, the tinue to stand behind opinion 119 when long-term service in their professional fourth was approved by FERC in Janu- they negotiated the sale of the plant. areas and dedication to the Grand Rap- ary 1995—1 year ago. Following DGC’s acquisition of the ids community as a whole. Mr. President, I hope the FERC com- project, disputes arose regarding the The 13th award is the Giant Among missioners weigh very carefully the pricing, output, and transportation Giants Award. The recipients of this impact this judge’s decision will have provisions of the gas purchase agree- unique award are honored not only for on the State of North Dakota, the ments. As a result, DGC and DOE filed their work in the Grand Rapids metro- DOE, and our national energy goals. suit against the pipelines in 1990. Be- politan area, but also for reaching out Closing the synfuels plant would not fore the dispute went to trial, DOE,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S525 DGC, and the pipelines reached settle- who have helped improve the lives and the Congress, and my fellow citizens to ment agreements in 1994 that are ex- future of the students in their class- support the Cuban peoples efforts to pressly subject to FERC approval. rooms every year. Encouraging young exercise their inherent rights of free Again, it is worth mentioning that people to learn, excel, and make the speech and association. The Cuban peo- FERC has already approved one of the transition to adulthood is a challenge ple have been resisting the Castro dic- four settlement agreements. that every high school teacher faces, tatorship for over 30 years. For as long The administrative law judge’s deci- and Walter Wieloh has been a leader for as it takes, we must stand alongside sion disapproved the remaining settle- Weirton Madonna High School. On be- them and let them know we support ments negotiated between DGC and half of every West Virginian, I com- their struggle.∑ three of the four pipelines, and ruled mend Walter Wieloh. He definitely f that the pricing formula in the gas pur- brings pride to his profession, and our TRIBUTE TO CYPRESS GARDENS ∑ chase agreements—as approved by State. DIAMOND JUBILEE DAY opinion 119—should no longer be hon- f ∑ ored. Additionally, the judge’s decision Mr. GRAHAM. As we arrived at the put on hold the agreement reached be- IN SUPPORT OF CONCILIO CUBANO Capitol today, we noticed the remain- tween DGC and DOE, which is contin- AND INDEPENDENT CUBAN ing ice and snow from the blizzard ear- gent on FERC approval of the agree- lier this month. My thoughts traveled to sunny Flor- ments between DGC and the pipelines. ∑ Mr. MACK. Mr. President, late last ida, America’s top tourist destination. Finally, the decision retroactively im- year, a broad spectrum of Cuban oppo- sition groups came together in an ef- Our State is blessed with clean waters, posed a new pricing scheme and or- exquisite beaches, subtropical climate, fort to form Concilio Cubano. Concilio dered refunds that would total approxi- and some of the most beautiful fresh- Cubano, or Cuban Council, is a group mately $280 million. water lakes in the world. If unchanged, this decision would that seeks to unite an unprecedented Mr. President, some six decades ago, close the Great Plains Gasification number of human rights, professional, a visionary named Dick Pope, Sr. Plant. Mr. President, I believe that re- political, and other organizations be- looked out upon the blessed beauty of sult would not serve our national en- hind a common platform that includes central Florida and created what be- ergy interests. amnesty for political prisoners, free came Cypress Gardens. I urge the FERC commissioners to and multiparty elections, and human This world renown attraction, Cy- give this matter their most careful rights. press Gardens, celebrates its diamond consideration, and give great attention The Castro regime’s response has jubilee on February 1, 1996. The mil- to Congress’ public policy objective of been sickeningly familiar. Members of lions who have visited Cypress Gardens continued long-term operation of the Concilio Cubano have been subjected to or seen its glory on film join in a na- synfuels project.∑ lengthy interrogations, violent harass- tional salute to this 60-year milestone. f ment, and a disinformation campaign. In the six decades since the founding The Miami Herald in a recent edi- of Cypress Gardens, the attractions in- HONORING WALTER WIELOH AND torial likened Concilio Cubano to Char- dustry in Florida has flourished. HIS 40 YEARS OF TEACHING AT ter 77, the Czech group that bravely op- Through decades of growth and change, WEIRTON MADONNA HIGH posed the Czech Communist dictator- Cypress Gardens retains a special place SCHOOL ship. Referring to former dissident, in Florida’s tourism legacy. ∑ Mr. ROCKEFELLER. Mr. President, I now President, Vaclav Havel, one of These gardens reflect the natural rise today to pay tribute to a truly de- the leaders of the group told the Her- wonderment of Florida, the ingenuity voted teacher, mentor, and friend to ald, ‘‘We have more Havels than they of Dick Pope and the never-ending ap- the youth in my State of West Vir- had.’’ peal of quality family entertainment.∑ ginia, Mr. Walter Wieloh. Concilio Cubano plans to meet in late f It is heartening and inspiring, I be- February. In Cuba, that’s no simple CHRISTMAS IN APRIL lieve, to learn about the career of Mr. matter. In the weeks leading up to this ∑ Wieloh, a man who dedicated 40 years meeting, supporters of freedom, democ- Mr. MCCAIN. Mr. President, as a of his life to teaching. He has been a racy, and human rights in Cuba must member of the National Advisory member of the faculty at Madonna watch closely and speak out against Board of a special outreach program Catholic High School in Weirton, WV, any continued attempts to intimidate called Christmas in April, I am ex- since 1955, teaching several generations these democratic activists. tremely proud to speak to you today of families in the area. Also recently, the Cuban regime has about a tremendously generous group In December, he was honored at a stepped up persecution of journalists of people who deliver Christmas spirit special event at the high school, and I affiliated with independent news orga- to low-income families during the spring. wanted to add my public congratula- nizations. The campaign of harassment With the support of honorary co- tions to Mr. Wieloh. His career of serv- has included detentions and interroga- chairs, NFL Commissioner Paul ice to students and his commitment to tions. Tagliabue, his wife Chan, along with education for four decades can be an To my knowledge, the Clinton ad- Arizona first lady Ann Symington, example to all of us. ministration has been silent on the re- Christmas in April, the Nation’s larg- Walter Wieloh started his teaching cent harassment of Concilio Cubano’s est volunteer home rehabilitation ini- career when Madonna High School members and independent journalists. tiative, kicks off its 1996 campaign by opened in 1955, and he has been both ed- The U.S. press has been fairly silent as rebuilding the homes of two families in ucator and friend to generations of well. I urge the administration to de- Phoenix’s Hermosa neighborhood dur- high school students. To students, he nounce these violations of the right of ing Super Bowl weekend. has always been a presence of wisdom free expression and free association and The focus of this charity is rebuild- and of guidance, inside the classroom strongly align itself with the sup- ing and repairing the homes of low-in- and out. The current principal of Ma- porters of democracy and freedom in come, elderly, and disabled Americans donna, Mr. Robert J. Gill, recalls fond- Cuba. And I call upon the American to help provide warmth, safety, and ly his days as a student, and later as a press to report on the persecution of independence to families in need. colleague, of Mr. Wieloh. He recognizes their fellow journalists and on Cuba’s Many needy homeowners will receive him as a force of inspiration to stu- newest, broadest coalition of demo- this assistance in April 1996, when an dents and an example of profes- cratic activists. army of about 140,000 caring volunteers sionalism to fellow teachers. Cuba’s people have been subjected to will arrive on the doorsteps of about Mr. President, Walter Wieloh should virtually every form of subjugation. 4,200 homeowners in 430 cities and be an inspiration to us as well. In his 40 Their mildest form of opposition is met towns across the country. years of educating the youth of with repression. The United States and Thanks to the hard work of these Weirton, WV, he represents many hard- the American people are their closest volunteers, Christmas in April has ex- working teachers across the country friends. I call upon my colleagues in panded to 160 local affiliates in 44

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S526 CONGRESSIONAL RECORD — SENATE January 26, 1996 States which contribute $25 million to- the early eighties has been restricted in a position which forces them to bear ward home repairs for disadvantaged by the ongoing ethnic conflict which allegiance to any nation or organiza- Americans across the country. escalated in 1983. However, growth tion other than the United States of So at this time, Mr. President, I wish rates have averaged 5 percent per year. America. Michael New made the deci- to pay tribute to the compassion and I am encouraged by the newly elected sion to serve in the Armed Forces in commitment of Christmas In April vol- President’s stated priority in finding a order to defend the United States, not unteers all across this Nation. Each lasting political solution to the con- the United Nations. time a grab bar is installed for a dis- flict. I can only share the aspirations In order to address this situation, I abled child, every time sturdy stairs of all Sri Lankans that peace will re- introduced legislation that prevents are built for an aged widow, and a fresh turn soon to this beautiful country.∑ any member of the U.S. Armed Forces coat of paint is applied for a needy f from being required to wear, as part of family—hope and dignity are restored. their military uniform, any insignia of UNITED NATIONS INSIGNIA Mr. President, this kind of unfailing the United Nations. generosity and kindness are the life- ∑ Mr. CRAIG. Mr. President, we have Mr. President, I hope that we can blood of our country, and once again I all been watching the reports as U.S. deal with this issue by proceeding in commend this group and its volun- Army Specialist Michael New has be- the legislative process with hearings on ∑ teers. come a casualty of the debate over S. 1370, which now has 25 cosponsors. In f American troops participating in U.N. addition, there is still another, broader RECOGNIZING SRI LANKA’S 48TH operations. issue that must be addressed, and that ANNIVERSARY OF INDEPENDENCE In violating a lawful order issued is the use of U.S. Forces under U.N. through the U.S. chain of command, he ∑ command. Mr. INOUYE. Mr. President, I rise will be held accountable under the today to recognize the country of Sri Mr. President, I would just urge my standards set by the U.S. Code of Mili- colleagues to review S. 1370. We must Lanka which will celebrate its 48th an- tary Justice for refusing to wear a U.N. niversary of independence on February not lose sight of the fact that the men cap and shoulder patch. and women who volunteered to serve in 4, 1996. I would like to congratulate a Specialist New was to have been de- country which during the last four dec- our Armed Forces, volunteered to de- ployed to participate in Operation fend the United States of America, not ades has made tremendous strides in ‘‘Able Sentry’’ in Macedonia, the stat- socio-economic development in a demo- the United Nations. ed purpose of which is to observe the Mr. President, I ask unanimous con- cratic system. border and discourage, by its presence, Democracy in Sri Lanka has deep sent that the Senator from Virginia, the spread of hostilities into Mac- roots. Its people have maintained a Mr. WARNER, be added as a cosponsor of edonia. functioning democracy since independ- S. 1370.∑ Mr. President, on October 10, Army ence against great odds. There have Specialist Michael New reported for been regular national elections in Sri f duty without wearing the U.N. shoul- Lanka where voter turnout has been der patch and beret he and his unit remarkably high. At a free and fair CARL S. WHILLOCK were issued to wear as part of their Parliamentary election held in August uniform while deployed in Macedonia. ∑ Mr. BUMPERS. Mr. President, on 1994 and observed by an international On October 17, Specialist New was February 29, Carl S. Whillock, one of team including United States nation- Arkansas’ all-time great citizens, will als, the people of Sri Lanka elected a charged for failure to obey a lawful order in violation of Article 92: Uni- retire as president and chief executive new Government defeating a political officer of Arkansas Electric Coopera- party that was in power for 17 years. form Code of Military Justice. On January 23, 1996, the trial on the tive Corp. and Arkansas Electric Co- This was followed by a Presidential operatives, Inc., a post he has held election in November 1994 at which Ms. facts in the special court-martial of since 1980. Chandrika B. Kumaratunga was elected Specialist Michael G. New began. On A native of Scotland, AR (Van Buren President with a 62-percent mandate. January 24, the court, composed of offi- County), Carl has spent most of his life The voter turnout at both these elec- cers and enlisted personnel, found Spe- in public service. Prior to his career tions was above 70 percent. I would like cialist New guilty of the charged of- with AECI, he was president of Arkan- to congratulate the people of Sri fense of failure to obey a lawful order sas State University. Lanka for their commitment to democ- to ‘‘wear the prescribed uniform for the He began a career of public service in racy and improving human rights. deployment to Macedonia.’’ He was Over the years the United States and found in violation of Article 92: Uni- our State legislature, serving two Sri Lanka have developed close bilat- form Code of Military Justice. terms in the early 1950’s. From June of eral relations. Sri Lanka has long Specialist New was sentenced by the 1955 until January of 1963, Carl served hosted a Voice of America station on court-martial members to be dis- as executive assistant to U.S. Rep- its territory and a project is well un- charged from the U.S. Army with a resentative J.W. Trimble. He next derway to upgrade the station. The bad-conduct discharge. served as prosecuting attorney of Ar- United States is Sri Lanka’s largest Mr. President, the situation that has kansas’ 14th Judicial District from trading partner. The bilateral trade ex- resulted from Specialist New’s actions January of 1965 until 1966, when he be- ceeds $1.4 billion. We have signed a bi- has caused me great concern. As one came assistant to the president of the lateral investment protection treaty who feels very strongly about this Na- University of Arkansas. He left that and an agreement to protect intellec- tion’s sovereignty and responsibilities post in July of 1971 to become director tual property rights. placed on our Armed Forces to protect of university relations, where he served Sri Lanka has been a pioneer in the and defend this Nation, I find myself until April of 1974. South Asian region by liberalizing its very frustrated with what has hap- Carl managed the successful guber- economy and following market ori- pened. natorial campaign of David Pryor in ented economic policies. Free Trade Mr. President, my sympathy with his 1974 and served as his executive assist- Zones have been set up and incentives decision to refuse to wear the U.N. ant in 1975. He returned to the Univer- have been provided for foreign invest- patch and hat does not change the fact sity of Arkansas at Fayetteville late ment. I am pleased to note that there that we must abide by the standards that year to become vice president of are many United States companies and set by the military code of conduct if governmental relations and public af- banks currently operating in Sri Lanka we are to assure order and fairness in fairs. In July of 1978, he became presi- and that the American Chamber of the military. Our military must rely dent of Arkansas State University. Commerce in Sri Lanka organized a on strict chain of command and order. Carl attended the University of Cen- successful United States Trade Fair in That is without a doubt. tral Arkansas at Conway and Emory 1995. However, the men and women who University in Atlanta, GA, before earn- Sri Lanka’s drive for economic devel- have chosen to serve this Nation and ing a degree in social welfare from the opment which showed much promise in the American people should not be put University of Arkansas at

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S527 Fayetteville. He was awarded the mas- their efforts. I ask that the letter from vision of Wildlife and Marine Resources ter of arts degree in history and polit- Paul Alan Cox, Ph.D., chairman of the under your leadership has made important ical science from the University of Ar- board of Seacology Foundation to Gov- progress in evaluating and protecting the wildlife of American Samoa. Coastal Zone kansas at Fayetteville and the juris ernor Lutali be printed in the RECORD. The letter follows: Management has flourished under your lead- doctor degree from George Washington ership. But perhaps most important has been University in Washington, DC. THE SEACOLOGY FOUNDATION, your quiet personal example. You quietly led A well-respected executive in the na- Springville, UT. October 24, 1995. an effort to re-introduce the rare Samoa tional electric cooperative community, Gov. A.P. LUTALI, toloa or duck to your home island of Annu’u. Carl also has worked tirelessly in nu- Office of the Governor, American Samoa Gov- The crack of dawn has frequently found you merous civic and community affairs ernment, Pago Pago, American Samoa. on your hands and knees weeding the garden positions in our State and our region. DEAR GOVERNOR LUTALI: On behalf of the plot in front of the territorial offices. Many Board of Directors and the Scientific Advi- Mr. President, wherever Carl have seen you picking up rubbish and doing sory Board of the Seacology Foundation, it your own part as private citizen to beautify Whillock has lived and worked gives me great pleasure to inform you that throughout our State, his support for the exquisite islands of American Samoa. you have selected as the 1995 Indigenous Con- Because of your stellar service, both public community goals and initiatives has servationist of the Year. This award, be- and private to conservation, and because of been sought. He is the personification lieved to be the only one of its kind in the the tremendous example of dedication and of what citizenship is about. world, annually recognizes an indigenous courage that you have set for your own peo- I want to join thousands of others in person who has demonstrated heroic efforts ple—the Polynesian Islanders—and for indig- wishing Carl and Margaret a happy and in protecting the environment. The enous peoples throughout the world, the healthy, peaceful and prosperous re- Seacology Foundation invites you, at our ex- Seacology Foundation is pleased to bestow pense, to attend an award dinner in your upon you the most distinguished award for tirement. They have certainly earned honor and a presentation ceremony in Provo, it.∑ indigenous conservation in the world by Utah to receive your award, which will con- naming you Indigenous Conservationist of f sist of an engraved plaque and a cash award the Year 1995. We offer you our sincere ap- INDIGENOUS CONSERVATIONIST of $1,000. Lorraine Clark, Executive Asso- preciation for your tremendous devotion to ciate Director of the Seacology Foundation, OF THE YEAR AWARD AWARDED protecting this planet. will be in touch with Rob Shaffer from your Warmest personal regards, TO GOV. A.P. LUTALI, GOVERNOR staff to arrange a convenient date for this OF AMERICAN SAMOA NAFANUA PAUL ALAN COX, Ph.D., event. Chairman of the Board.∑ ∑ In making this award, the Seacology Foun- Mr. INOUYE. Mr. President, all f Americans, including those of us in the dation wishes to recognize your personal courage and foresight in protecting the Congress, are concerned about the de- OFFICER RONALD MICHAEL RYAN, rainforests and wildlife of American Samoa. JR., AND OFFICER TIMOTHY struction of rainforests that is occur- You have demonstrated your commitment to ring all over the world. The rainforests conservation in many different ways. Exam- JAMES JONES constitute unique and irreplaceable ples of your environmental leadership in- ∑ Mr. WELLSTONE. Mr. President, I ecosystems sometimes called the lungs clude passage of an act to protect flying rise to pay tribute to two gallant po- of the Earth. In addition to their func- foxes, including the rare Samoan Flying Fox, lice officers from Saint Paul, MN. On tion in replenishing the Earth’s atmos- Periopus samoensis, or pe’avao by the Terri- August 26, 1994, Officer Ronald Michael torial Legislature of American Samoa. Your phere, the rainforests provide essential Ryan, Jr. and Officer Timothy James protection against global warming, leadership was crucial in passing this legisla- tion, which is believed to be the first legisla- Jones gave their lives in the line of contain hundreds of plants found no- tion enacted by any Pacific island govern- duty. where else on Earth, house many ani- ment to protect flying foxes. Because of your It is important that the memory of mals unique to the rainforests alone, example, many other island governments their brave lives be a part of the offi- and provide protection against destruc- have now enacted similar legislation. cial history of our country. I therefore tion of coral reefs and marine life. I Even more impressive was your visionary ask that the following eulogies by would like to call my colleagues’ at- foresight in establishing the 50th National Chief William Finney be printed in the Park of the United States of America, the tention to a unique effort to save these CONGRESSIONAL RECORD on behalf of vital systems and to an individual who National Park of American Samoa. It was your leadership and your vision that brought these two slain police officers: The eu- is being honored for his own efforts to together a coalition of Samoan school chil- logy by Chief William Finney in mem- save the rainforests. dren, villagers, matai and other traditional ory of Officer Ronald Michael Ryan, Jr. Gov. A.P. Lutali of American Samoa community leaders, territorial officials, sci- and the eulogy by Chief William has been selected to receive this year’s entists, conservationists, and U.S. Congress- Finney in memory of Officer Timothy Seacology Foundation Award as the In- men to create a new future for the people of James Jones. digenous Conservationist of the Year in American Samoa. You personally held meet- The eulogies follows: recognition of his superb efforts to pre- ings with key scientists and village leaders, you personally hosted a distinguished con- RONALD MICHAEL RYAN, JR.—EULOGY BY serve the rainforest and indigenous Sa- CHIEF WILLIAM FINNEY moan culture. Governor Luitali’s suc- gressional delegation in Samoa, you person- ally traveled to Washington, D.C. to testify Ron Ryan junior brought youthful enthu- cesses include leading the effort to cre- on behalf of the park and you personally pro- siasm, warmth, friendship and loyalty to our ate the National Park of American vided leadership at every phase to assure department. He touched our lives in a very Samoa. He is also responsible for pas- passage of the enabling legislation. You ex- special way, and gave has all to his brothers sage of an act to protect the American ercised this leadership without any concern and sisters in blue. The greatest thing this Samoa Flying Fox. Neither of these for its potential impact on your political fu- extraordinary young man gave to us was his achievements would have occurred ture. Because of your selflessness and bi-par- commitment, to make our city a better without Governor Lutali. tisan approach, the American Samoa Na- place to live, to make our department a Seacology Foundation is a nonprofit tional Park Bill became one of the first na- more pleasant place to work, and to add foundation founded to help protect is- tional park bills to pass both houses of the whatever he could to the lives of those around him. He represented the very best land ecosystems and island cultures. United States Congress without a single dis- senting vote. You played a key role in guar- that a Police Officer can be, and in a very Seacology scientist include experts in anteeing that the aspirations and well being real way represented the spirit of the St. endangered species, island flora and of Samoan villages were paramount in the Paul Police department. fauna, and island ecosystems. Hundred enabling legislation. Unique land acquisition Many people think it’s easy for the son of percent of the money donated to techniques, revolving around long term a Police Officer to follow in dad’s footsteps, Seacology goes directly to building leases, were used under your direction. Vil- especially when they work for the same de- schools, hospitals, installing safe water lage chiefs were guaranteed important roles partment. And especially when the son supplies, and meeting other needs of in formulating park policy. The Samoan lan- shares the father’s gift of gab, easy humor, the rainforest villagers so that they guage and culture are to be highlighted in all and superior people skills. But Ron Ryan junior learned just the opposite. He learned will not have to sell off the rainforest park activities. As a result of your foresight, American Samoa will have a national park that the trials and tribulations of being a to survive. Seacology scientists donate that will preserve both Samoan wildlife and rookie cop who is the son of a cop were extra their time as well. Samoan culture. hard, that there would be a little more I congratulate Governor Lutali and Many other examples of your conservation razzing from the troops. Ron Junior had a the Seacology Foundation for all of leadership could be cited. The Territorial Di- routine of polishing the brass buttons on his

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S528 CONGRESSIONAL RECORD — SENATE January 26, 1996 uniform before coming to work. One time a Ninja or more recently Laser, you knew the calm, warm and clear as the sun rose above supervisor asked to look at those buttons, bad guy would be found. The other officers the spire of Sacred Heart Catholic Church at and Ronnie obliged him. But when he got would be attracted to him like a magnet, be- 6th Street and Hope. Officer Ron Ryan Jr., 26 them back he noticed they were quite tar- cause they knew he would get results. They years old, walked up to check on the welfare nished, and that the supervisor had switched would watch and wonder and learn. That of a man who was slumped down in the driv- them, for his own dirty ones. The gag went made him the purest kind of leader—one who er’s seat of a red subcompact car, parked in on and on, and eventually, Ron got to the leads by example. (Participation) On three the church parking lot. The officer’s concern point of bringing in an extra set of polished occasions, he was given commendations by was met by a flurry of gunfire from the drift- buttons to work. On a larger scale, Ron Ryan our police department for his outstanding er. The evil ambush claimed Officer Ryan’s junior polished up the image and morale of service to the community. life, shattered the calm of that morning, and this department with his tireless well of His pursuit of excellence vaulted him into set a sickening tone. During the search for positive energy. national prominence. In 1988, he and NINJA the suspect that day, there would be a sec- Ron was a hard worker, never afraid to ranked 4th in the United States in individual ond ambush and the loss of Officer Timothy help out a fellow officer or be first on a call. canine competition. In 1989, they took third Jones and his canine partner, Laser. Offset- And he was a quick thinker, quick to figure place. In 1990, another third place finish. And ting the horror and disbelief of those events, out what had to be done in tough situations. in 1991, a 5th place finish. They were part of was the professionalism of the Saint Paul Just a year ago, he and two other officers our St. Paul Police canine team which took Police force, who put aside grief, until the formed a human pyramid to remove three top honors nationally in 1989, 1990 and 1991. search for the suspect had been successfully children from the second story of a burning Tim didn’t really strive for those kind of completed. Only then did the grieving proc- house. For that he received the Medal of honors—he just did the best job he could, and ess begin; a grief shared by hundreds of thou- Merit—our second highest award—an amaz- he got results. And he made all of us proud. sands of metro area residents, by police offi- ing accomplishment for a rookie cop. And he Lately he had been sharing his wisdom. He cers across the country, and by many others didn’t let up. Just this year, he was given an- and Laser would arrive first at the scene, as who reflected on our day of tragedy. other commendation. Think about that. Two usual, locate the bad guy, and then keep him It had been 24 years since a Saint Paul Po- commendations in less than a year. Ron confined as he allowed one of the younger ca- lice Officer had fallen to gunfire, more than Ryan junior was one of the best young Police nine officers to go in and make the arrest. two decades in which Saint Paul officers had Officers our department has seen. He wanted those younger officers to get the been spared the tragic realities of most other He joined us in July of 1990, as a parking experience they needed to mature as he had. American cities. Some would say it was enforcement officer. Never losing sight of his They responded by telling him he was no Saint Paul’s reputation for treating suspects real goal, he took our oath as a Police Offi- longer the Nipper. No, they told him he had with respect. In the course of arresting lit- cer on January 23rd, 1993. And in just 19 evolved into ‘‘Buddha,’’ the wise one. erally hundreds of thousands of suspects, no Saint Paul Officer had been attacked with short months he made his mark, served his Whether he was being the ‘‘wise one’’ or a deadly force. But it all changed that morn- beloved east side, and made his department ‘‘wise guy’’ Tim Jones was a very special ing in August. Guy Baker, 26, a man wanted proud. cop. Last Friday, when he heard what had on weapons charges in his native Iowa, had Today, it is with the heaviest of hearts happened to his friend Ron Ryan, he came in told friends in Mason City that he was think- that I say goodbye to Ron Ryan Junior. We on his day off to help. That didn’t surprise ing about shooting a police officer. For rea- will all remember you for your courage, your anyone—that was Tim Jones. It didn’t sur- sons which are still not clear, he decided to heroism, your willingness to serve and that prise anyone that he would be the first one borrow a friend’s car and drive to Saint Paul. sparkle you gave to those around you. And to locate the suspect, either. It was the out- As Officer Ryan walked up to the car that let no one ever forget that Ron Ryan Junior come that has shocked us, and left us with morning, Baker held a gun under the coat he was truly one of St. Paul’s finest. an empty place in our hearts. To the end, he and his canine partner were heroes. With Of- was using as a blanket. He knew the officer would check his identity and then probably TIMOTHY JAMES JONES—EULOGY BY CHIEF ficer Jones down, his partner Laser contin- arrest him for the warrant. Baker ambushed WILLIAM FINNEY ued to pursue the suspect with his last breaths, after being mortally wounded. His Office Ryan and then took his service weap- It is my distinct honor to share some canine partners: Ninja, the national award on after he had fallen. A resident who wit- thoughts today on the life of Officer Tim- winner, Laser, the apprehender, and finally, nessed the attack fired a shot at the suspect othy James Jones—a man who was not only K–C, the narcotics detector, who carries on vehicle from the window of his home, shat- a St. Paul Police officer for the past 16 years, the Jonesy canine tradition. tering the car’s back window. But the sus- but also a talented leader, a loving husband Tim Jones became a St. Paul police officer pect got away before the first squads arrived and father, and a special friend to all of us. on October 31st, 1978. It was his 21st birth- at the scene. It is very difficult to convey in words the day. For 16 years, he learned and excelled Baker drove only a mile before he ditched scope of his contribution to our police de- and led, and passed-on a unique legacy to the car and changed clothing. In a wooded partment. Along with his energy, humor, and those around him. Officer Tim Jones epito- area close to I–94, he waited for the officers commitment to police work, he also brought mized the spirit and essence of the police he knew would be searching for him. Once what can be a rare commodity: results. (Pro- ‘‘four P’s: pride, professionalism, participa- again he assumed a position that would ductivity) When Tim Jones answered a call, tion and productivity.’’ allow him to ambush an officer. Unlike the you could be sure that the situation would He leaves behind his wife Roxanne, and typical suspect who would be acting out of be resolved. For 16 years, he built a strong children Matthew and Chelsie. Recently Tim fear, Baker’s actions were those of a de- record of service. He was a mature police of- had been skipping golf games to take his son mented, yet highly trained combat veteran. ficer, who had recently shifted his focus to- to hockey practice several times a week. He He took up a position inside an ice fishing ward helping younger officers improve their gave everything he had to his family, both at shack in the back yard of a home on Conway law enforcement skills. The advice and direc- home and at the police department. And we Street. With a row of windows in the small tion that he gave the younger officers will be will all miss him deeply. structure, Baker had an unrestricted view on a legacy which will live on in the future of To Roxanne, Matthew and Chelsie: It is not the world outside. But it would be nearly im- the St. Paul Police Department. enough to say that he is in heaven. The fact possible to see him from the outside. He sat Tim had an infectious grin and he could be is, heaven was made for people like Tim. He in his killer’s perch and waited. a bit of a jokester. One of his closest friends died as he had lived—trying to help others Officer Timothy Jones, 36, a veteran canine told me he’s probably looking down from without thinking of himself. But we will all officer who had won national awards, was en- heaven right now, laughing and calling us be thinking about you, Tim. For no one has joying a day off with his children when he names. His closest friends lovingly called ever given us greater gifts, or a greater sac- heard the news about his friend Ron Ryan. him ‘‘Nip,’’ or ‘‘the Nipper.’’ I personally pre- rifice. My, my, my—wasn’t he a piece of Without hesitation he came into work to aid ferred to just call him Jonesy. Another of work. in the search for the killer. In retrospect, no our Asian American officers, Pat Lyttle, Mr. WELLSTONE. Mr. President, I one was surprised that he would be the first teamed up with Tim to form a racketball duo officer to locate the suspect. He was known known as the ‘‘Far East Connection.’’ Tim ask further that the following remarks as one of the best officers in a canine unit was always ready to laugh, and more than from The Saint Paul Police Depart- that had won the top national award four out willing to laugh at himself. ment 1994 Annual Report be printed in of the last six years. As hundreds of officers But when he put on the uniform and hit the RECORD. Dedicated to the memory fanned out searching for the suspect it was the street, he was all business. (Pride) He of Officer Ron Ryan, Jr. and Officer Tim Jones and Laser who picked up his scent pursued his mission as a police officer at 100 Timothy Jones, it is entitled, ‘‘August and began moving toward the fish house. As percent, at all times. He was known as the 26, 1994—Our Day of Tragedy.’’ the officer approached the structure, shots officer who would be the first on the scene, The material follows: blasted from the inside, through the flimsy and the last to leave. (Professionalism) His window and wall of the structure, hitting Of- assignment to the canine unit was a natural AUGUST 26, 1994—OUR DAY OF TRAGEDY ficer Jones. He died less than four hours progression in which he extended his helpful- The morning of August 26, 1994 broke with after his friend and co-worker Ron Ryan. As ness across the city. And whenever Officer a beauty and clarity that is rare even during Baker exited the fish house, Laser attacked, Jones showed up with his canine partner Minnesota’s fleeting summer. The air was latching onto the suspect with his powerful

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S529 jaws. Baker shot the animal, but it attacked System had reached the lowest point in Cynics said that farmer-elected a second time. After being shot several its history when he first joined the St. boards of directors would not volun- times, the dying canine was still crawling to- Louis Farm Credit Board in 1989. The tarily vote themselves out of jobs. Dan wards the suspect with his last ounce of en- great farm depression of the mid-1980’s Kelley and his colleagues proved those ergy. humbled the St. Louis Farm Credit cynics wrong when AgriBank was cre- Baker had made another getaway, but it was to be short lived. Within two hours he Bank, the Farm Credit System as a ated in 1991 and when it was expanded was arrested and taken to the hospital to be whole, as well as a number of other ag- to include the former Louisville Farm treated for the dog bites he had suffered. ricultural lenders. Losses were mount- Credit Bank in 1993. Eventually he would plead guilty to the two ing in St. Louis and throughout the Cynics alleged that the Agriculture murders. Farm Credit System, while volume was Credit Act of 1987 could not work and Twin Cities television and radio stations shrinking. that the Federal financial assistance were providing instant, live coverage of the Farmers were leaving the Farm Cred- provided to the Farm Credit System events as they unfolded that Friday. The un- it System because they were unhappy— would never be repaid. In October 1992, precedented coverage made it a very public unhappy with the rates of interest they however, Dan Kelley again proved the tragedy, and that followed through to the fu- were paying, and with the service they cynics wrong by announcing that nerals. Literally thousands of people lined the streets along the funeral procession were receiving. Some borrowers were AgriBank was repaying the $133 million routes. concerned that they would not be able of assistance 11 years ahead of sched- Officer Ryan was buried on August 30. In to keep their loans current. Others left ule. his eulogy, Chief Finney said Ron Ryan Jun- Farm Credit due to fears that the stock In short, the cynics underestimated ior ‘‘brought youthful enthusiasm, warmth, they had invested in their credit coop- Dan Kelley and other farm leaders who friendship and loyalty to our department.’’ erative was at risk. The Farm Credit were determined to build a stronger, More than 2,000 police officers from as far System, once commonly celebrated as lower-cost and more effective credit co- away as Canada attended the funeral. a success story, had become a light- operative for farmers. AgriBank is now Officer Jones was buried on August 31. ening rod for everyone dissatisfied with a reality and has exceeded the expecta- Chief Finney called him ‘‘a talented leader, a the state of the farm economy. The tions of many of those responsible for loving husband and father, and a special its creation. Its very existence and re- friend.’’ An estimated 400 canine officers Farm Credit System, it was said, had from across Minnesota and many other overhead costs that were too high, markable success owe a great deal to states were on hand, along with hundreds of credit standards that were too lax, and the hard work, dedication, and good other officers. A four mile long procession of a lack of sensitivity to acute problems judgment of Dan Kelley. police cars stretched from the Cathedral to being experienced by the distressed Dan Kelley’s departure from Elmhurst Cemetery. borrowers. Not surprisingly, the sys- AgriBank does not mean he will no The memories of these two fine officers tem was also losing money. The St. longer be a farm leader. His commit- will live on in the history of our department. Louis Bank and the other predecessors ment to American agriculture and in- Ron Ryan Jr. gave much to us, in just a of AgriBank lost more than $1.7 billion stitutions serving the American farmer short time. Tim Jones shared his knowledge in 1985. is too strong for that. He will continue and maturity with his fellow officers. With- In short, Dan Kelley and his col- to be an active farmer, a member of the out hesitation, they gave the ultimate sac- rifice while serving their department and leagues on the Board of the St. Louis Illinois Farm Bureau, the Illinois Corn city. They will not be forgotten.∑ Farm Credit Bank in January 1989 Growers Association, and to serve on faced obstacles that appeared virtually the board of Gromark. f insurmountable to some. Some observ- On behalf of Illinois farmers, and DAN KELLEY OF AGRIBANK, FCB ers were drafting an obituary for the those who care about American agri- St. Louis Bank and the entire Farm culture, I thank Dan Kelley for his ∑ Ms. MOSELEY-BRAUN. Mr. Presi- Credit System. These draft obituaries achievements, and wish him the very dent, I rise today in tribute to Mr. Dan were premature. The Farm Credit Sys- best in his continued endeavors.∑ Kelley, a prominent agriculturist and tem has survived and now flourishes. farm leader in my home State of Illi- f Over the past several years, the Sys- nois, who currently serves on the EXECUTIVE SESSION tem has made an extraordinary recov- Board of AgriBank Farm Credit Bank. ery from the financial disaster of the Unfortunately, he will soon be leaving mid-1980’s. Dan Kelley’s bank, in par- EXECUTIVE CALENDAR the board. I want to take the oppor- ticular, restructured and collected bil- tunity to commend Dan Kelley for his Mr. DOLE. Mr. President, I ask unan- lions of dollars of troubled loans. The exemplary public service and the imous consent that the Senate imme- net result is that nonaccruing loans strong leadership he provided during a diately proceed to executive session to dropped from 7.1 percent of the bank’s time of real challenges at the Farm consider the following nominations: total in 1989 to 2.7 percent in December Credit System. Executive Calendar nominations Nos. of 1995. Operating costs were dramati- Dan Kelley was the last chairman of 346, 347, 397, and all nominations re- cally reduced. More than $2 billion in the former St. Louis Farm Credit ported out of the Armed Services Com- earnings and capital has been gen- Bank—federally chartered in 1917 to mittee today with the exception of Ad- erated, and members’ equity in their provide credit and related services to miral Prueher; I further ask unani- credit cooperative increased by more farmers in Illinois, Arkansas, and Mis- mous consent that the nominations be than $1 billion. considered en bloc, the motions to re- souri. As chairman, he led an initiative Of course, a number of other factors to bring about the historic merger of consider be laid upon the table en bloc, were responsible for the remarkable that any statements relating to the the St. Louis Farm Credit Bank with a turnaround in the fortunes of sister institution in St. Paul, MN to nominations appear at the appropriate AgriBank and the Farm Credit System. place in the RECORD, that the President form AgriBank, FCB. This was the first For example, the recovery would not voluntary merger of a Farm Credit be immediately notified of the Senate’s have been possible without a more gen- action, and that the Senate then return bank in the history of the Farm Credit eral turnaround in the farm economy. System. Mr. Kelley served as the first to legislative session. Beyond that, however, Dan Kelley and The PRESIDING OFFICER. Without board chairman of AgriBank and, his colleagues deserve an enormous objection, it is so ordered. again, played a key leadership role in amount of credit for making the right So the nominations were considered making the merger work. More gen- decisions on some critical and very dif- and confirmed, en bloc, as follows: erally, the Farm Credit System began ficult issues. EXECUTIVE OFFICE OF THE PRESIDENT to regain its position as a leader in ag- Indeed, Dan Kelley’s successes and Alicia Haydock Munnell, of Massachusetts, ricultural credit markets in Illinois those of the Farm Credit System as a to be a Member of the Council of Economic and other States in the Midwest during whole have confounded the cynics who Advisers. Mr. Kelley’s tenure as Chairman. said that farmer cooperatives cannot SECURITIES AND EXCHANGE COMMISSION To appreciate what Dan Kelley ac- survive, much less prosper, in today’s Isaac C. Hunt, Jr., of Ohio, to be a Member complished in his 7 years of service, more competitive and fast-moving of the Securities and Exchange Commission one must recall that the Farm Credit markets. for the term expiring June 5, 2000.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S530 CONGRESSIONAL RECORD — SENATE January 26, 1996 DEPARTMENT OF DEFENSE Air Force nominations beginning Carlos L. consider be laid upon the table; fur- Arthur L. Money, of California, to be an Acevedo, and ending Brian D. Zullo, which ther, that any statements on this Assistant Secretary of the Air Force. nominations were received by the Senate and measure appear at the appropriate appeared in the Congressional Record on No- H. Martin Lancaster, of North Carolina, to place in the RECORD as though read. vember 28, 1995. be an Assistant Secretary of the Army. The PRESIDING OFFICER. Without The above nominations were ap- Air Force nominations beginning William C. Alford, and ending Linda S. Mitchell, objection, it is so ordered. proved to the nominees’ commitment which nominations were received by the Sen- So the bill (S. 1543) was deemed read to respond to requests to appear and ate and appeared in the Congressional for a third time, and passed, as follows: testify before any duly constituted Record on December 4, 1995. S. 1543 committee of the Senate. Air Force nominations beginning Rogelio Be it enacted by the Senate and House of Rep- F. Golle, and ending Michael L. Delorenzo, The following-named officer for appoint- resentatives of the United States of America in which nominations were received by the Sen- ment as Vice Chairman of the Joint Chiefs of Congress assembled, Staff and reappointment to the grade of gen- ate and appeared in the Congressional Record on December 4, 1995. SECTION 1. TREATMENT OF IMPACT AID PAY- eral under the provisions of Title 10, United MENTS. States Code, Section 154: Air Force nominations beginning Dwayne A. Alons, and ending Francis K. Manuel, (a) IN GENERAL.—The Secretary of Edu- VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF which nominations were received by the Sen- cation shall treat any State as having met To be general ate and appeared in the Congressional the requirements of section 5(d)(2)(A) of Pub- GEN. JESEPH W. RALSTON, 000–00–0000, U.S. AIR FORCE. Record on December 18, 1995. lic Law 81–874 for fiscal year 1991, and as not having met those requirements for each of IN THE AIR FORCE IN THE ARMY the fiscal years 1992, 1993, and 1994, if— THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Army nominations beginning David L. Ab- (1) its program of State aid was not cer- TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10, bott, and ending X2444, which nominations tified by the Secretary under section UNITED STATES CODE, SECTION 1370: were received by the Senate and appeared in 5(d)(2)(C)(i) of Public Law 81–874 for any fis- To be lieutenant general the Congressional Record on September 19, cal year before fiscal year 1991; 1995. LT. GEN. MARCUS A. ANDERSON, 000–00–0000, U.S. AIR (2) the State submitted timely notice FORCE. Army nomination beginning Nelson L. Mi- under that section of its intention to seek chael, which nomination was received by the THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT that certification; IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- Senate and appeared in the Congressional (3) the Secretary determined that the DICATED, UNDER THE PROVISIONS OF TITLE 10, UNITED Record on November 28, 1995. State did not meet the requirements of sec- STATES CODE, SECTION 8373, 8374, 12201 AND 12212: Army nominations beginning Robert L. tion 5(d)(2)(A) of Public Law 81–874 for fiscal To be major general Ackley, and ending Daniel V. Wright, which year 1991; and BRIG. GEN. WILLIAM A. HENDERSON, 000–00–0000, AIR NA- nominations were received by the Senate and (4) it has made a payment of each local TIONAL GUARD. appeared in the Congressional Record on No- educational agency in the State, other than BRIG. GEN. TIMOTHY J. LOWENBERG, 000–00–0000, AIR NA- vember 28, 1995. TIONAL GUARD. any local educational agency that received a BRIG. GEN. MELVYN S. MONTANO, 000–00–0000, AIR NA- Army nomination beginning Paul A. payment for fiscal year 1991 under section TIONAL GUARD. Ostergaard, which nomination was received 3(d)(2)(B) of Public Law 81–874, whose State BRIG. GEN. GUY S. TALLENT, 000–00–0000, AIR NATIONAL by the Senate and appeared in the Congres- GUARD. aid it reduced for the fiscal year, in the full BRIG. GEN. LARRY R. WARREN, 000–00–0000, AIR NATIONAL sional Record on November 28, 1995. amount of that reduction. GUARD. Army nominations beginning Charles W. (b) REPAYMENT NOT REQUIRED.—Notwith- To be brigadier general Baccus, and ending Donna M. Wright, which standing any other provision of law, any nominations were received by the Senate and COL. JAMES H. BAKER, 000–00–0000, AIR NATIONAL GUARD. local educational agency in such a State COL. JAMES H. BASSHAM, 000–00–0000, AIR NATIONAL appeared in the Congressional Record on No- that received funds under section 3(d)(2)(B) GUARD. vember 28, 1995. of Public Law 81–874 for fiscal year 1991 shall COL. PAUL D. KNOX, 000–00–0000, AIR NATIONAL GUARD. Army nominations beginning Mark E. COL. CARL A. LORENZEN, 000–00–0000, AIR NATIONAL not, by virtue of subsection (a), be required GUARD. Benz, and ending Steven R. Young, which to repay those funds to the Secretary. COL. TERRY A. MAYNARD, 000–00–0000, AIR NATIONAL nominations were received by the Senate and f GUARD. appeared in the Congressional Record on No- COL. FRED L. MORTON, 000–00–0000, AIR NATIONAL GUARD. COL. LORAN C. SCHNAIDT, 000–00–0000, AIR NATIONAL vember 28, 1995. LAWS RELATING TO NATIVE GUARD. Army nominations beginning Vincent B. AMERICANS COL. BRUCE F. TUXILL, 000–00–0000, AIR NATIONAL GUARD. Bogan, and ending Krista E. Murphy, which IN THE NAVY nominations were received by the Senate and Mr. DOLE. Mr. President, I ask unan- THE FOLLOWING-NAMED OFFICER TO BE PLACED ON appeared in the Congressional Record on No- imous consent that the Senate proceed THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- vember 28, 1995. to the immediate consideration of H.R. DICATED UNDER SECTION 1370 OF TITLE 10, UNITED STATES CODE: Army nominations beginning Alvin D. 2726, just received from the House. Aaron, and ending Craig L. Zimmerman, To be vice admiral The PRESIDING OFFICER. The which nominations were received by the Sen- clerk will report. VICE ADM. RICHARD C. ALLEN, 000–00–0000. ate and appeared in the Congressional The legislative clerk read as follows: THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Record on November 28, 1995. TO THE GRADE OF VICE ADMIRAL IN THE U.S. NAVY Army nominations beginning James M. A bill (H.R. 2726) to make certain technical WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND corrections in laws relating to Native Ameri- RESPONSIBILITY UNDER TITLE 10 UNITED STATES CODE, Baker, and ending William Hayes-Regan, SECTION 601: which nominations were received by the Sen- cans, and for other purposes. To be vice admiral ate and appeared in the Congressional The PRESIDING OFFICER. Is there Record on December 18, 1995. REAR ADM. JOHN J. MAZACH, 000–00–0000. objection to the immediate consider- Army nominations beginning Michael C. ation of the bill? THE FOLLOWING-NAMED OFFICER TO BE PLACED ON Appe, and ending Janet M. Harrington, THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- There being no objection, the Senate which nominations were received by the Sen- DICATED UNDER SECTION 1370 OF TITLE 10, UNITED proceeded to consider the bill. STATES CODE. ate and appeared in the Congressional To be admiral Record on December 18, 1995. Mr. MCCAIN. Mr. President, I rise today to express my support for H.R. f ADM. WILLIAM A. OWENS, 000–00–0000. 2726, a bill to make technical amend- IN THE AIR FORCE LEGISLATIVE SESSION ments to various laws affecting native Air Force nominations beginning Todd D. Americans and to urge its immediate Bergman, and ending Scott J. Woollard, The PRESIDING OFFICER. Under which nominations were received by the Sen- the previous order, the Senate will now adoption. This bill includes a number ate and appeared in the Congressional resume legislative session. of provisions which have been consid- Record on November 28, 1995. f ered and approved by this body in the Air Force nominations beginning Ruth T. first session of the 104th Congress. This Lim, and ending Barrett F. Schwartz, which IMPACT AID PAYMENTS legislation addresses a wide range of nominations were received by the Senate and Mr. DOLE. Mr. President, I ask unan- Indian issues. I am joined by a number appeared in the Congressional Record on No- imous consent that the Senate proceed of Senators who have sponsored provi- vember 28, 1995. to the immediate consideration of S. sions which were included in H.R. 2726. Air Force nominations beginning James P. Aaron, and ending Karen C. Yamaguchi, 1543, a bill relating to impact aid pay- I will briefly describe the provisions of which nominations were received by the Sen- ments introduced earlier today by Sen- H.R. 2726. Section 1 of the bill makes ate and appeared in the Congressional ator KERREY, that the bill be read technical corrections to section 9 of Record on November 28, 1995. three times, passed, the motion to re- the Pokagon Potawatomi Restoration

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S531 Act. These corrections would change the authority to the Army Corps of En- under title I of the act relating to self- the reference in section 9 from plural gineers to provide funding for the oper- determination contracts in a self-gov- to singular. Section 2 of S. 325 makes ation and maintenance of in lieu fish- ernance compact entered into with the technical corrections to the Odawa and ing access sites on the Columbia River Department of the Interior or with the Ottawa Restoration Act. This section Public Law 100–581 was enacted in 1988 Indian Health Service. corrects all of the references in section to authorize the U.S. Army Corps of Finally, I would like to express my 9 by using the plural. Engineers to develop 32 Indian fishing appreciation for the work of the many Section 3 of the bill corrects a cita- access sites along the Columbia River Senators who worked on the develop- tion in section 4 of the Indian Dams for the Warm Springs, Yakima, ment of many of these amendments Safety Act of 1994. Section 4 of H.R. Umatilla, and Nez Perce tribes. These and I urge my colleagues to support 2726 amends the Pascua Yaqui Indians fishing sites were intended to com- passage of H.R. 2726. Act to capitalize the words ‘‘Pascua pensate these Indian tribes for fishing Mr. DOLE. Mr. President, I ask unan- Yaqui Tribe.’’ Section 5 amends section sites which were lost due to the con- imous consent the bill be deemed read 3(7) of the Indian Lands Open Dump struction of several dams by the Army for the third time, passed, the motion Cleanup Act of 1994 to correct the cita- Corps of Engineers. In a June 25, 1995 to reconsider be laid upon the table, tion to the Solid Waste Disposal Act. memorandum of understanding be- and that any statements relating to Section 6 of the bill amends the Amer- tween the Army Corps of Engineers and the bill appear at the appropriate place ican Indian Trust Fund Management the Department of the Interior agreed in the RECORD. Reform Act of 1994 to correct a ref- to a lump sum payment of funds to pro- The PRESIDING OFFICER. Without erence in section 303(c) of the act and vide for the operation and maintenance objection, it is so ordered. to correct a typographical error in sec- of such sites. I would like to express So the bill (H.R. 2726) was deemed tion 306 of the act. Section 7 of the bill my appreciation to the Senator from read the third time and passed. corrects a reference in section 102 of Oregon [Mr. HATFIELD] for his leader- the Indian Self-Determination Con- ship in advancing this provision. I have FRANCIS J. HAGEL FEDERAL BUILDING tract Reform Act of 1994. Section 8 of worked closely with him in ensuring Mr. DOLE. Mr. President, I ask unan- the bill corrects certain references in that this provision is clarified and pro- imous consent that the Environment sections 203 and 206 of the Auburn In- vides the necessary authority to ensure and Public Works Committee be dis- dian Restoration Act. Section 9 of the that these sties are adequately main- charged from further consideration of bill amends the Crow Boundary Settle- tained. Section 16 of the bill provides H.R. 2111, designating the Francis ment Act of 1994 corrects several ref- authority to the Ponca Indian Tribe of Hagel Federal Building in Richmond, erences in sections 5, 9, and 10 of the Nebraska to utilize funds provided in CA, and that the Senate then proceed act. Section 10 of H.R. 2726 corrects a prior fiscal years to acquire, develop, to its immediate consideration; that typographical error in section 205 of and maintain a transitional living fa- the bill be read three times, passed, the Tlingit and Haida Status Clarifica- cility for Indian adolescents. Sections 1 and the motion to reconsider be laid tion Act. Section 11 of the bill amends through 16 of this bill have been con- upon the table, with the above occur- section 103 of the Native American sidered and passed by the full Senate in ring without intervening action or de- Languages Act to correct several cita- the last session of the Congress. bate. tions in the section. Section 12 of the H.R. 2726 includes three additional The PRESIDING OFFICER. Without bill amends section 5 of the Ponca Res- technical amendments which have not objection, it is so ordered. toration Act to modify the service area been considered by this body but which So the bill (H.R. 2111) was deemed of the Ponca Indian Tribe to include are not controversial and represent read for a third time and passed. Indians living in Sarpy, Burt, Platte, purely technical changes and correc- Stanton, Hall, Holt, and Wayne Coun- f tions to provisions of affecting native ties in Nebraska and Indians living in Americans. I have reviewed these pro- FARM CREDIT SYSTEM Woodbury and Pottawattomie Counties visions and I support them. First such REGULATORY RELIEF ACT OF 1995 in Iowa. It has been estimated that provision is in section 17 of the bill, Mr. DOLE. Mr. President, I ask that there are 110 Ponca tribal members liv- which provides that authority to the the Chair lay before the Senate a mes- ing in these counties who are not cur- Mescalero Apache Tribe to authorize sage from the House of Representatives rently eligible to receive services from the Secretary of the Interior to repro- on H.R. 2029, a bill to amend the Farm the tribe. This amendment to the Credit Act of 1971 to provide regulatory Ponca Restoration Act would make gram judgment funds awarded to the relief. these members eligible for tribal serv- tribe pursuant to Docket Nos. 22–G, 30, The PRESIDING OFFICER laid be- ices from the Ponca Tribe. I would like 48, 30–A, and 48–A of the Indian Claims fore the Senate the following message to recognize the leadership of the dele- Commission. This provision will pro- vide the authority necessary for the from the House of Representatives: gation from Nebraska, Senators EXON and Kerrey who brought this provision Mescalero Apache Tribe to modify Resolved, That the House agree to the amendments of the Senate to the bill (H.R. to my attention and urged its inclusion their judgment fund distribution plan to utilize these funds pursuant to their 2029) entitled ‘‘An Act to amend the Farm in the legislation. Credit Act of 1971 to provide regulatory re- Section 13 of the bill provides for the current tribal priorities. Section 18 of the bill authorizes the Lac View Desert lief, and for other purposes’’, with the fol- revocation of the charter of incorpora- lowing amendment: tion of the Minnesota Chippewa Tribe Bank of Lake Superior Chippewa Indi- In lieu of the matter inserted by the Sen- under the Indian Reorganization Act. ans to amend their tribal membership ate amendment to the text of the bill, insert: The Minnesota Chippewa Tribe has re- roll to enroll individuals who meet the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. quested the Congress to accept their tribal eligibility criteria for inclusion (a) SHORT TITLE.—This Act may be cited as surrender of the Corporate Charter of in the tribal rolls. This provision does the ‘‘Farm Credit System Reform Act of the Minnesota Chippewa. By its own not alter the criteria for tribal mem- 1996’’. terms, this charter can only be revoked bership including the tribe’s blood (b) TABLE OF CONTENTS.—The table of con- by act of Congress. This provision quantum requirements but merely tents for this Act is as follows: would revoke the charter. Section 14 of opens the tribal rolls to individuals Sec. 1. Short title; table of contents. the bill amends section 5(6) of the Advi- who were not previously enrolled. Sec- TITLE I—AGRICULTURAL MORTGAGE sory Council on California Indian Pol- tion 19 of the bill amends section 403 of SECONDARY MARKET icy Act of 1992 to extend the term of the Indian Self-Determination and Sec. 101. Definition of real estate. the Advisory Council on California In- Education Assistance Act by adding a Sec. 102. Definition of certified facility. dian Policy from 18 to 36 months in new subsection that authorizes Indian Sec. 103. Duties of Federal Agricultural tribes to include any or all the provi- Mortgage Corporation. order to allow them to complete their Sec. 104. Powers of the Corporation. study of issues affecting California In- sions of title I of the act in an agree- Sec. 105. Federal reserve banks as deposi- dian tribes. ment entered into under title III or IV taries and fiscal agents. Section 15 of the bill amends section of the act. This provision authorizes Sec. 106. Certification of agricultural mort- 401 of the Public law 100–581, to provide Indian tribes to include any provision gage marketing facilities.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00141 Fmt 4624 Sfmt 0655 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S532 CONGRESSIONAL RECORD — SENATE January 26, 1996 Sec. 107. Guarantee of qualified loans. (3) by adding at the end the following: amended by striking ‘‘8.7, 8.8,’’ and inserting Sec. 108. Mandatory reserves and subordi- ‘‘(4) purchase qualified loans and issue se- ‘‘8.8’’. nated participation interests curities representing interests in, or obliga- (2) Section 8.6(a)(2) of the Farm Credit Act eliminated. tions backed by, the qualified loans, guaran- of 1971 (12 U.S.C. 2279aa–6(a)(2)) is amended Sec. 109. Standards requiring diversified teed for the timely repayment of principal by striking ‘‘subject to the provisions of sub- pools. and interest.’’. section (b)’’. Sec. 110. Small farms. SEC. 104. POWERS OF THE CORPORATION. SEC. 109. STANDARDS REQUIRING DIVERSIFIED Sec. 111. Definition of an affiliate. Section 8.3(c) of the Farm Credit Act of POOLS. Sec. 112. State usury laws superseded. 1971 (12 U.S.C. 2279aa–3(c)) is amended— (a) IN GENERAL.—Section 8.6 of the Farm Sec. 113. Extension of capital transition pe- (1) by redesignating paragraphs (13) and Credit Act of 1971 (12 U.S.C. 2279aa–6) (as riod. (14) as paragraphs (14) and (15), respectively; amended by section 108) is amended— Sec. 114. Minimum capital level. and (1) by striking subsection (c); and Sec. 115. Critical capital level. (2) by redesignating subsections (d) Sec. 116. Enforcement levels. (2) by inserting after paragraph (12) the fol- through (g) as subsections (b) through (e), re- Sec. 117. Recapitalization of the Corpora- lowing: spectively. tion. ‘‘(13) To purchase, hold, sell, or assign a (b) CONFORMING AMENDMENTS.— Sec. 118. Liquidation of the Federal Agricul- qualified loan, to issue a guaranteed secu- (1) Section 8.0(9)(B)(i) of the Farm Credit tural Mortgage Corporation. rity, representing an interest in, or an obli- gation backed by, the qualified loan, and to Act of 1971 (12 U.S.C. 2279aa(9)(B)(i)) is TITLE II—REGULATORY RELIEF perform all the functions and responsibilities amended by striking ‘‘(f)’’ and inserting Sec. 201. Compensation of association per- of an agricultural mortgage marketing facil- ‘‘(d)’’. sonnel. ity operating as a certified facility under (2) Section 8.13(a) of the Farm Credit Act Sec. 202. Use of private mortgage insurance. this title.’’. of 1971 (12 U.S.C. 2279aa–13(a)) is amended by Sec. 203. Removal of certain borrower re- SEC. 105. FEDERAL RESERVE BANKS AS DEPOSI- striking ‘‘sections 8.6(b) and’’ in each place it porting requirement. TARIES AND FISCAL AGENTS. appears and inserting ‘‘section’’. Sec. 204. Reform of regulatory limitations Section 8.3 of the Farm Credit Act of 1971 (3) Section 8.32(b)(1)(C) of the Farm Credit on dividend, member business, (12 U.S.C. 2279aa–3) is amended— Act of 1971 (12 U.S.C. 2279bb–1(b)(1)(C)) is and voting practices of eligible (1) in subsection (d), by striking ‘‘may act amended— farmer-owned cooperatives. as depositories for, or’’ and inserting ‘‘shall (A) by striking ‘‘shall’’ and inserting Sec. 205. Removal of Federal Government act as depositories for, and’’; and ‘‘may’’; and certification requirement for (2) in subsection (e), by striking ‘‘Sec- (B) by inserting ‘‘(as in effect before the certain private sector retary of the Treasury may authorize the date of the enactment of the Farm Credit financings. Corporation to use’’ and inserting ‘‘Corpora- System Reform Act of 1996)’’ before the semi- Sec. 206. Borrower stock. tion shall have access to’’. colon. Sec. 207. Disclosure relating to adjustable SEC. 106. CERTIFICATION OF AGRICULTURAL (4) Section 8.6(b) of the Farm Credit Act of rate loans. 1971 (12 U.S.C. 2279aa–6(b)) (as redesignated Sec. 208. Borrowers’ rights. MORTGAGE MARKETING FACILITIES. Section 8.5 of the Farm Credit Act of 1971 by subsection (a)(2)) is amended— Sec. 209. Formation of administrative serv- (A) by striking paragraph (4) (as redesig- ice entities. (12 U.S.C. 2279aa–5) is amended— (1) in subsection (a)— nated by section 107(2)(B)); and Sec. 210. Joint management agreements. (B) by redesignating paragraphs (5) and (6) Sec. 211. Dissemination of quarterly reports. (A) in paragraph (1), by inserting ‘‘(other (as redesignated by section 107(2)(B)) as para- Sec. 212. Regulatory review. than the Corporation)’’ after ‘‘agricultural graphs (4) and (5), respectively. Sec. 213. Examination of farm credit system mortgage marketing facilities’’; and institutions. (B) in paragraph (2), by inserting ‘‘(other SEC. 110. SMALL FARMS. Sec. 214. Conservatorships and receiverships. than the Corporation)’’ after ‘‘agricultural Section 8.8(e) of the Farm Credit Act of Sec. 215. Farm Credit Insurance Fund oper- mortgage marketing facility’’; and 1971 (12 U.S.C. 2279aa–8(e)) is amended by ations. (2) in subsection (e)(1), by striking ‘‘(other adding at the end the following: ‘‘The Board Sec. 216. Examinations by the Farm Credit than the Corporation)’’. shall promote and encourage the inclusion of System Insurance Corporation. SEC. 107. GUARANTEE OF QUALIFIED LOANS. qualified loans for small farms and family Sec. 217. Powers with respect to troubled in- Section 8.6 of the Farm Credit Act of 1971 farmers in the agricultural mortgage sec- sured System banks. (12 U.S.C. 2279aa–6) is amended— ondary market.’’. Sec. 218. Oversight and regulatory actions (1) in subsection (a)(1)— SEC. 111. DEFINITION OF AN AFFILIATE. by the Farm Credit System In- (A) by striking ‘‘Corporation shall guar- Section 8.11(e) of the Farm Credit Act of surance Corporation. antee’’ and inserting the following: ‘‘Cor- 1971 (21 U.S.C. 2279aa–11(e)) is amended— Sec. 219. Farm Credit System Insurance Cor- poration— (1) by striking ‘‘a certified facility or’’; and poration board of directors. ‘‘(A) shall guarantee’’; (2) by striking ‘‘paragraphs (3) and (7), re- Sec. 220. Interest rate reduction program. (B) by striking the period at the end and spectively, of section 8.0’’ and inserting ‘‘sec- Sec. 221. Liability for making criminal re- inserting ‘‘; and’’; and tion 8.0(7)’’. ferrals. (C) by adding at the end the following: SEC. 112. STATE USURY LAWS SUPERSEDED. TITLE III—IMPLEMENTATION AND ‘‘(B) may issue a security, guaranteed as to Section 8.12 of the Farm Credit Act of 1971 EFFECTIVE DATE the timely payment of principal and inter- (12 U.S.C. 2279aa–12) is amended by striking Sec. 301. Implementation. est, that represents an interest solely in, or subsection (d) and inserting the following: Sec. 302. Effective date. an obligation fully backed by, a pool con- ‘‘(d) STATE USURY LAWS SUPERSEDED.—A provision of the Constitution or law of any TITLE I—AGRICULTURAL MORTGAGE sisting of qualified loans that— State shall not apply to an agricultural loan SECONDARY MARKET ‘‘(i) meet the standards established under section 8.8; and made by an originator or a certified facility SEC. 101. DEFINITION OF REAL ESTATE. ‘‘(ii) have been purchased and held by the in accordance with this title for sale to the Section 8.0(1)(B)(ii) of the Farm Credit Act Corporation.’’; Corporation or to a certified facility for in- of 1971 (12 U.S.C. 2279aa(1)(B)(ii)) is amended (2) in subsection (d)— clusion in a pool for which the Corporation by striking ‘‘with a purchase price’’ and in- (A) by striking paragraph (4); and has provided, or has committed to provide, a serting ‘‘, excluding the land to which the (B) by redesignating paragraphs (5), (6), guarantee, if the loan, not later than 180 dwelling is affixed, with a value’’. and (7) as paragraphs (4), (5), and (6), respec- days after the date the loan was made, is SEC. 102. DEFINITION OF CERTIFIED FACILITY. tively; and sold to the Corporation or included in a pool Section 8.0(3) of the Farm Credit Act of (3) in subsection (g)(2), by striking ‘‘section for which the Corporation has provided a 1971 (12 U.S.C. 2279aa(3)) is amended— 8.0(9)(B))’’ and inserting ‘‘section 8.0(9))’’. guarantee, if the provision— (1) in subparagraph (A), by striking ‘‘a sec- SEC. 108. MANDATORY RESERVES AND SUBORDI- ‘‘(1) limits the rate or amount of interest, ondary marketing agricultural loan’’ and in- NATED PARTICIPATION INTERESTS discount points, finance charges, or other serting ‘‘an agricultural mortgage mar- ELIMINATED. charges that may be charged, taken, re- keting’’; and (a) GUARANTEE OF QUALIFIED LOANS.—Sec- ceived, or reserved by an agricultural lender (2) in subparagraph (B), by striking ‘‘, but tion 8.6 of the Farm Credit Act of 1971 (12 or a certified facility; or only’’ and all that follows through ‘‘(9)(B)’’. U.S.C. 2279aa–6) is amended by striking sub- ‘‘(2) limits or prohibits a prepayment pen- SEC. 103. DUTIES OF FEDERAL AGRICULTURAL section (b). alty (either fixed or declining), yield mainte- MORTGAGE CORPORATION. (b) RESERVES AND SUBORDINATED PARTICI- nance, or make-whole payment that may be Section 8.1(b) of the Farm Credit Act of PATION INTERESTS.—Section 8.7 of the Farm charged, taken, or received by an agricul- 1971 (12 U.S.C. 2279aa–1(b)) is amended— Credit Act of 1971 (12 U.S.C. 2279aa–7) is re- tural lender or a certified facility in connec- (1) in paragraph (2), by striking ‘‘and’’ at pealed. tion with the full or partial payment of the the end; (c) CONFORMING AMENDMENTS.— principal amount due on a loan by a bor- (2) in paragraph (3), by striking the period (1) Section 8.0(9)(B)(i) of the Farm Credit rower in advance of the scheduled date for at the end and inserting ‘‘; and’’; and Act of 1971 (12 U.S.C. 2279aa(9)(B)(i)) is the payment under the terms of the loan,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S533 otherwise known as a prepayment of the ‘‘(C) during the 1-year period ending De- section (a), the Corporation may not pur- loan principal.’’. cember 31, 1998, shall be the amount of core chase a new qualified loan or issue or guar- SEC. 113. EXTENSION OF CAPITAL TRANSITION capital equal to— antee a new loan-backed security until the PERIOD. ‘‘(i) if the Corporation’s core capital is not core capital of the Corporation is increased Section 8.32 of the Farm Credit Act of 1971 less than $25,000,000 on January 1, 1998, the to an amount equal to or greater than (12 U.S.C. 2279bb–1) is amended— sum of— $25,000,000.’’. (1) in the first sentence of subsection (a), ‘‘(I) 0.65 percent of aggregate off-balance SEC. 118. LIQUIDATION OF THE FEDERAL AGRI- by striking ‘‘Not later than the expiration of sheet obligations of the Corporation; CULTURAL MORTGAGE CORPORA- the 2-year period beginning on December 13, ‘‘(II) 1.95 percent of designated on-balance TION. 1991,’’ and inserting ‘‘Not sooner than the ex- sheet assets of the Corporation, as deter- Title VIII of the Farm Credit Act of 1971 piration of the 3-year period beginning on mined under paragraph (2); and (12 U.S.C. 2279aa et seq.) (as amended by sec- the date of enactment of the Farm Credit ‘‘(III) 2.65 percent of on-balance sheet as- tion 117) is amended by adding at the end the System Reform Act of 1996,’’; sets of the Corporation other than assets following: (2) in the first sentence of subsection (b)(2), designated under paragraph (2); or ‘‘Subtitle C—Receivership, Conservatorship, by striking ‘‘5-year’’ and inserting ‘‘8-year’’; ‘‘(ii) if the Corporation’s core capital is and Liquidation of the Federal Agricultural and less than $25,000,000 on January 1, 1998, the Mortgage Corporation (3) in subsection (d)— amount determined under subsection (a); and ‘‘SEC. 8.41. CONSERVATORSHIP; LIQUIDATION; (A) in the first sentence— ‘‘(D) on and after January 1, 1999, shall be RECEIVERSHIP. (i) by striking ‘‘The regulations estab- the amount determined under subsection (a). ‘‘(a) VOLUNTARY LIQUIDATION.—The Cor- lishing’’ and inserting the following: ‘‘(2) DESIGNATED ON-BALANCE SHEET AS- poration may voluntarily liquidate only with ‘‘(1) IN GENERAL.—The regulations estab- SETS.—For purposes of this subsection, the the consent of, and in accordance with a plan lishing’’; and designated on-balance sheet assets of the of liquidation approved by, the Farm Credit (ii) by striking ‘‘shall contain’’ and insert- Corporation shall be— Administration Board. ‘‘(b) INVOLUNTARY LIQUIDATION.— ing the following: ‘‘shall— ‘‘(A) the aggregate on-balance sheet assets ‘‘(1) IN GENERAL.—The Farm Credit Admin- ‘‘(A) be issued by the Director for public of the Corporation acquired under section istration Board may appoint a conservator comment in the form of a notice of proposed 8.6(e); and or receiver for the Corporation under the cir- rulemaking, to be first published after the ‘‘(B) the aggregate amount of qualified cumstances specified in section 4.12(b). expiration of the period referred to in sub- loans purchased and held by the Corporation ‘‘(2) APPLICATION.—In applying section section (a); and under section 8.3(c)(13).’’. ‘‘(B) contain’’; and 4.12(b) to the Corporation under paragraph (B) in the second sentence, by striking SEC. 115. CRITICAL CAPITAL LEVEL. (1)— ‘‘The regulations shall’’ and inserting the Section 8.34 of the Farm Credit Act of 1971 ‘‘(A) the Corporation shall also be consid- following: (12 U.S.C. 2279bb–3) is amended to read as fol- ered insolvent if the Corporation is unable to lows: ‘‘(2) SPECIFICITY.—The regulations referred pay its debts as they fall due in the ordinary to in paragraph (1) shall’’. ‘‘SEC. 8.34. CRITICAL CAPITAL LEVEL. course of business; SEC. 114. MINIMUM CAPITAL LEVEL. ‘‘For purposes of this subtitle, the critical ‘‘(B) a conservator may also be appointed Section 8.33 of the Farm Credit Act of 1971 capital level for the Corporation shall be an for the Corporation if the authority of the (12 U.S.C. 2279bb–2) is amended to read as fol- amount of core capital equal to 50 percent of Corporation to purchase qualified loans or lows: the total minimum capital amount deter- issue or guarantee loan-backed securities is ‘‘SEC. 8.33. MINIMUM CAPITAL LEVEL. mined under section 8.33.’’. suspended; and ‘‘(a) IN GENERAL.—Except as provided in SEC. 116. ENFORCEMENT LEVELS. ‘‘(C) a receiver may also be appointed for subsection (b), for purposes of this subtitle, Section 8.35(e) of the Farm Credit Act of the Corporation if— the minimum capital level for the Corpora- 1971 (12 U.S.C. 2279bb–4(e)) is amended by ‘‘(i)(I) the authority of the Corporation to tion shall be an amount of core capital equal striking ‘‘during the 30-month period begin- purchase qualified loans or issue or guar- to the sum of— ning on the date of the enactment of this antee loan-backed securities is suspended; or ‘‘(1) 2.75 percent of the aggregate on-bal- section,’’ and inserting ‘‘during the period ‘‘(II) the Corporation is classified under ance sheet assets of the Corporation, as de- beginning on December 13, 1991, and ending section 8.35 as within level III or IV and the termined in accordance with generally ac- on the effective date of the risk based capital alternative actions available under subtitle cepted accounting principles; and regulation issued by the Director under sec- B are not satisfactory; and ‘‘(2) 0.75 percent of the aggregate off-bal- tion 8.32,’’. ‘‘(ii) the Farm Credit Administration de- ance sheet obligations of the Corporation, SEC. 117. RECAPITALIZATION OF THE CORPORA- termines that the appointment of a conser- which, for the purposes of this subtitle, shall TION. vator would not be appropriate. include— Title VIII of the Farm Credit Act of 1971 ‘‘(3) NO EFFECT ON SUPERVISORY ACTIONS.— ‘‘(A) the unpaid principal balance of out- (12 U.S.C. 2279aa et seq.) is amended by add- The grounds for appointment of a conser- standing securities that are guaranteed by ing at the end the following: vator for the Corporation under this sub- the Corporation and backed by pools of ‘‘SEC. 8.38. RECAPITALIZATION OF THE CORPORA- section shall be in addition to those in sec- qualified loans; TION. tion 8.37. ‘‘(B) instruments that are issued or guar- ‘‘(a) MANDATORY RECAPITALIZATION.—The ‘‘(c) APPOINTMENT OF CONSERVATOR OR RE- anteed by the Corporation and are substan- Corporation shall increase the core capital of CEIVER.— tially equivalent to instruments described in the Corporation to an amount equal to or ‘‘(1) QUALIFICATIONS.—Notwithstanding subparagraph (A); and greater than $25,000,000, not later than the section 4.12(b), if a conservator or receiver is ‘‘(C) other off-balance sheet obligations of earlier of— appointed for the Corporation, the conser- the Corporation. ‘‘(1) the date that is 2 years after the date vator or receiver shall be— ‘‘(b) TRANSITION PERIOD.— of enactment of this section; or ‘‘(A) the Farm Credit Administration or ‘‘(1) IN GENERAL.—For purposes of this sub- ‘‘(2) the date that is 180 days after the end any other governmental entity or employee, title, the minimum capital level for the Cor- of the first calendar quarter that the aggre- including the Farm Credit System Insurance poration— gate on-balance sheet assets of the Corpora- Corporation; or ‘‘(A) prior to January 1, 1997, shall be the tion, plus the outstanding principal of the ‘‘(B) any person that— amount of core capital equal to the sum of— off-balance sheet obligations of the Corpora- ‘‘(i) has no claim against, or financial in- ‘‘(i) 0.45 percent of aggregate off-balance tion, equal or exceed $2,000,000,000. terest in, the Corporation or other basis for sheet obligations of the Corporation; ‘‘(b) RAISING CORE CAPITAL.—In carrying a conflict of interest as the conservator or ‘‘(ii) 0.45 percent of designated on-balance out this section, the Corporation may issue receiver; and sheet assets of the Corporation, as deter- stock under section 8.4 and otherwise employ ‘‘(ii) has the financial and management ex- mined under paragraph (2); and any recognized and legitimate means of rais- pertise necessary to direct the operations ‘‘(iii) 2.50 percent of on-balance sheet as- ing core capital in the power of the Corpora- and affairs of the Corporation and, if nec- sets of the Corporation other than assets tion under section 8.3. essary, to liquidate the Corporation. designated under paragraph (2); ‘‘(c) LIMITATION ON GROWTH OF TOTAL AS- ‘‘(2) COMPENSATION.— ‘‘(B) during the 1-year period ending De- SETS.—During the 2-year period beginning on ‘‘(A) IN GENERAL.—A conservator or re- cember 31, 1997, shall be the amount of core the date of enactment of this section, the ag- ceiver for the Corporation and professional capital equal to the sum of— gregate on-balance sheet assets of the Cor- personnel (other than a Federal employee) ‘‘(i) 0.55 percent of aggregate off-balance poration plus the outstanding principal of employed to represent or assist the conser- sheet obligations of the Corporation; the off-balance sheet obligations of the Cor- vator or receiver may be compensated for ac- ‘‘(ii) 1.20 percent of designated on-balance poration may not exceed $3,000,000,000 if the tivities conducted as, or for, a conservator or sheet assets of the Corporation, as deter- core capital of the Corporation is less than receiver. mined under paragraph (2); and $25,000,000. ‘‘(B) LIMIT ON COMPENSATION.—Compensa- ‘‘(iii) 2.55 percent of on-balance sheet as- ‘‘(d) ENFORCEMENT.—If the Corporation tion may not be provided in amounts greater sets of the Corporation other than assets fails to carry out subsection (a) by the date than the compensation paid to employees of designated under paragraph (2); required under paragraph (1) or (2) of sub- the Federal Government for similar services,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S534 CONGRESSIONAL RECORD — SENATE January 26, 1996 except that the Farm Credit Administration rates of interest as the conservator or re- SEC. 203. REMOVAL OF CERTAIN BORROWER RE- may provide for compensation at higher ceiver considers necessary or appropriate to PORTING REQUIREMENT. rates that are not in excess of rates pre- meet the administrative expenses or liquid- Section 1.10(a) of the Farm Credit Act of vailing in the private sector if the Farm ity needs of the conservatorship or receiver- 1971 (12 U.S.C. 2018(a)) is amended by striking Credit Administration determines that com- ship. paragraph (5). pensation at higher rates is necessary in ‘‘(2) WORKING CAPITAL FROM FARM CREDIT SEC. 204. REFORM OF REGULATORY LIMITATIONS order to recruit and retain competent per- BANKS.—A Farm Credit bank may loan funds ON DIVIDEND, MEMBER BUSINESS, sonnel. to the conservator or receiver for a loan au- AND VOTING PRACTICES OF ELIGI- ‘‘(C) CONTRACTUAL ARRANGEMENTS.—The thorized under paragraph (1) or, in the event BLE FARMER-OWNED COOPERA- conservator or receiver may contract with of receivership, a Farm Credit bank may pur- TIVES. any governmental entity, including the chase assets of the Corporation. (a) IN GENERAL.—Section 3.8(a) of the Farm Farm Credit System Insurance Corporation, ‘‘(g) AGREEMENTS AGAINST INTERESTS OF Credit Act of 1971 (12 U.S.C. 2129(a)) is to make personnel, services, and facilities of CONSERVATOR OR RECEIVER.—No agreement amended by adding at the end the following: the entity available to the conservator or re- that tends to diminish or defeat the right, ‘‘Any such association that has received a ceiver on such terms and compensation ar- title, or interest of the conservator or re- loan from a bank for cooperatives shall, rangements as shall be mutually agreed, and ceiver for the Corporation in any asset ac- without regard to the requirements of para- each entity may provide the same to the quired by the conservator or receiver as con- graphs (1) through (4), continue to be eligible conservator or receiver. servator or receiver for the Corporation shall for so long as more than 50 percent (or such ‘‘(3) EXPENSES.—A valid claim for expenses be valid against the conservator or receiver higher percentage as is established by the of the conservatorship or receivership (in- unless the agreement— bank board) of the voting control of the asso- cluding compensation under paragraph (2)) ‘‘(1) is in writing; ciation is held by farmers, producers or har- and a valid claim with respect to a loan ‘‘(2) is executed by the Corporation and vesters of aquatic products, or eligible coop- made under subsection (f) shall— any person claiming an adverse interest erative associations.’’. ‘‘(A) be paid by the conservator or receiver under the agreement, including the obligor, (b) CONFORMING AMENDMENT.— Section from funds of the Corporation before any contemporaneously with the acquisition of 3.8(b)(1)(D) of the Farm Credit Act of 1971 (12 other valid claim against the Corporation; the asset by the Corporation; U.S.C. 2129(b)(1)(D)) is amended by striking and ‘‘(3) is approved by the Board or an appro- ‘‘and (4) of subsection (a)’’ and inserting ‘‘(B) may be secured by a lien, on such priate committee of the Board, which ap- ‘‘and (4), or under the last sentence, of sub- property of the Corporation as the conser- proval shall be reflected in the minutes of section (a)’’. vator or receiver may determine, that shall the Board or committee; and SEC. 205. REMOVAL OF FEDERAL GOVERNMENT have priority over any other lien. ‘‘(4) has been, continuously, from the time CERTIFICATION REQUIREMENT FOR ‘‘(4) LIABILITY.—If the conservator or re- of the agreement’s execution, an official CERTAIN PRIVATE SECTOR ceiver for the Corporation is not a Federal record of the Corporation. FINANCINGS. entity, or an officer or employee of the Fed- ‘‘(h) REPORT TO THE CONGRESS.—On a deter- Section 3.8(b)(1)(A) of the Farm Credit Act eral Government, the conservator or receiver mination by the receiver for the Corporation of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended— shall not be personally liable for damages in that there are insufficient assets of the re- (1) by striking ‘‘have been certified by the tort or otherwise for an act or omission per- ceivership to pay all valid claims against the Administrator of the Rural Electrification formed pursuant to and in the course of the receivership, the receiver shall submit to the Administration to be eligible for such’’ and conservatorship or receivership, unless the Secretary of the Treasury, the Committee on inserting ‘‘are eligible under the Rural Elec- act or omission constitutes gross negligence Agriculture of the House of Representatives, trification Act of 1936 (7 U.S.C. 901 et seq.) or any form of intentional tortious conduct and the Committee on Agriculture, Nutri- for’’; and or criminal conduct. tion, and Forestry of the Senate a report on (2) by striking ‘‘loan guarantee, and’’ and ‘‘(5) INDEMNIFICATION.—The Farm Credit the financial condition of the receivership. inserting ‘‘loan guarantee from the Adminis- Administration may allow indemnification ‘‘(i) TERMINATION OF AUTHORITIES.— tration or the Bank (or a successor of the of the conservator or receiver from the as- ‘‘(1) CORPORATION.—The charter of the Cor- Administration or the Bank), and’’. sets of the conservatorship or receivership poration shall be canceled, and the authority SEC. 206. BORROWER STOCK. provided to the Corporation by this title on such terms as the Farm Credit Adminis- Section 4.3A of the Farm Credit Act of 1971 tration considers appropriate. shall terminate, on such date as the Farm (12 U.S.C. 2154a) is amended— ‘‘(d) JUDICIAL REVIEW OF APPOINTMENT.— Credit Administration Board determines is (1) by redesignating subsections (f) and (g) ‘‘(1) IN GENERAL.—Notwithstanding sub- appropriate following the placement of the as subsections (g) and (h), respectively; and section (i)(1), not later than 30 days after a Corporation in receivership, but not later (2) by inserting after subsection (e) the fol- conservator or receiver is appointed under than the conclusion of the receivership and lowing: subsection (b), the Corporation may bring an discharge of the receiver. ‘‘(f) LOANS DESIGNATED FOR SALE OR SOLD action in the United States District Court ‘‘(2) OVERSIGHT.—The Office of Secondary INTO THE SECONDARY MARKET.— for the District of Columbia for an order re- Market Oversight established under section ‘‘(1) IN GENERAL.—Subject to paragraph (2) quiring the Farm Credit Administration 8.11 shall be abolished, and section 8.11(a) and notwithstanding any other provision of Board to remove the conservator or receiver. and subtitle B shall have no force or effect, this section, the bylaws adopted by a bank or The court shall, on the merits, dismiss the on such date as the Farm Credit Administra- association under subsection (b) may pro- action or direct the Farm Credit Administra- tion Board determines is appropriate fol- vide— tion Board to remove the conservator or re- lowing the placement of the Corporation in ‘‘(A) in the case of a loan made on or after ceiver. receivership, but not later than the conclu- the date of enactment of this paragraph that ‘‘(2) STAY OF OTHER ACTIONS.—On the com- sion of the receivership and discharge of the is designated, at the time the loan is made, mencement of an action under paragraph (1), receiver.’’. for sale into a secondary market, that no any court having jurisdiction of any other TITLE II—REGULATORY RELIEF voting stock or participation certificate action or enforcement proceeding authorized purchase requirement shall apply to the bor- under this Act to which the Corporation is a SEC. 201. COMPENSATION OF ASSOCIATION PER- SONNEL. rower for the loan; and party shall stay the action or proceeding Section 1.5(13) of the Farm Credit Act of ‘‘(B) in the case of a loan made before the during the pendency of the action for re- 1971 (12 U.S.C. 2013(13)) is amended by strik- date of enactment of this paragraph that is moval of the conservator or receiver. ‘‘(e) GENERAL POWERS OF CONSERVATOR OR ing ‘‘, and the appointment and compensa- sold into a secondary market, that all out- RECEIVER.—The conservator or receiver for tion of the chief executive officer thereof,’’. standing voting stock or participation cer- the Corporation shall have such powers to SEC. 202. USE OF PRIVATE MORTGAGE INSUR- tificates held by the borrower with respect conduct the conservatorship or receivership ANCE. to the loan shall, subject to subsection (d)(1), as shall be provided pursuant to regulations (a) IN GENERAL.—Section 1.10(a)(1) of the be retired. adopted by the Farm Credit Administration Farm Credit Act of 1971 (12 U.S.C. 2018(a)(1)) ‘‘(2) APPLICABILITY.—Notwithstanding any Board. Such powers shall be comparable to is amended by adding at the end the fol- other provision of this section, in the case of the powers available to a conservator or re- lowing: a loan sold to a secondary market under title ceiver appointed pursuant to section 4.12(b). ‘‘(D) PRIVATE MORTGAGE INSURANCE.—A VIII, paragraph (1) shall apply regardless of ‘‘(f) BORROWINGS FOR WORKING CAPITAL.— loan on which private mortgage insurance is whether the bank or association retains a ‘‘(1) IN GENERAL.—If the conservator or re- obtained may exceed 85 percent of the ap- subordinated participation interest in a loan ceiver of the Corporation determines that it praised value of the real estate security to or pool of loans or contributes to a cash re- is likely that there will be insufficient funds the extent that the loan amount in excess of serve. to pay the ongoing administrative expenses such 85 percent is covered by the insur- ‘‘(3) EXCEPTION.— of the conservatorship or receivership or ance.’’. ‘‘(A) IN GENERAL.—Subject to subparagraph that there will be insufficient liquidity to (b) CONFORMING AMENDMENT.— Section (B) and notwithstanding any other provision fund maturing obligations of the con- 1.10(a)(1)(A) of the Farm Credit Act of 1971 of this section, if a loan designated for sale servatorship or receivership, the conservator (12 U.S.C. 2018(a)(1)(A)) is amended by strik- under paragraph (1)(A) is not sold into a sec- or receiver may borrow funds in such ing ‘‘paragraphs (2) and (3)’’ and inserting ondary market during the 180-day period amounts, from such sources, and at such ‘‘subparagraphs (C) and (D)’’. that begins on the date of the designation,

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S535 the voting stock or participation certificate institutions may not be more burdensome or (B) Section 5.56(a) of the Farm Credit Act purchase requirement that would otherwise costly than the requirements applicable to of 1971 (12 U.S.C. 2277a–5(a)) is amended by apply to the loan in the absence of a bylaw national banks, and’’. striking ‘‘section 5.55(a)(2)’’ each place it ap- provision described in paragraph (1)(A) shall SEC. 212. REGULATORY REVIEW. pears in paragraphs (2) and (3) and inserting be effective. (a) FINDINGS.—Congress finds that— ‘‘section 5.55(a)(3)’’. ‘‘(B) RETIREMENT.—The bylaws adopted by (1) the Farm Credit Administration, in the (C) Section 1.12(b) (12 U.S.C. 2020(b)) is a bank or association under subsection (b) role of the Administration as an arms-length amended— may provide that if a loan described in sub- safety and soundness regulator, has made (i) in paragraph (1), by inserting ‘‘(as de- paragraph (A) is sold into a secondary mar- considerable progress in reducing the regu- fined in section 5.55(a)(3))’’ after ‘‘govern- ket after the end of the 180-day period de- latory burden on Farm Credit System insti- ment-guaranteed loans’’; and scribed in the subparagraph, all outstanding tutions; (ii) in paragraph (3), by inserting ‘‘(as so voting stock or participation certificates (2) the efforts of the Farm Credit Adminis- defined)’’ after ‘‘government-guaranteed held by the borrower with respect to the loan tration described in paragraph (1) have re- loans’’ each place such term appears. shall, subject to subsection (d)(1), be re- sulted in cost savings for Farm Credit Sys- (b) ALLOCATION TO INSURED SYSTEM BANKS tired.’’. tem institutions; and AND OTHER SYSTEM INSTITUTIONS OF EXCESS SEC. 207. DISCLOSURE RELATING TO ADJUST- (3) the cost savings described in paragraph AMOUNTS IN THE FARM CREDIT INSURANCE ABLE RATE LOANS. (2) ultimately benefit the farmers, ranchers, FUND.—Section 5.55 of the Farm Credit Act Section 4.13(a)(4) of the Farm Credit Act of agricultural cooperatives, and rural resi- of 1971 (12 U.S.C. 2277a–4) is amended by add- 1971 (12 U.S.C. 2199(a)(4)) is amended by in- dents of the United States. ing at the end the following: serting before the semicolon at the end the (b) CONTINUATION OF REGULATORY RE- ‘‘(e) ALLOCATION TO SYSTEM INSTITUTIONS following: ‘‘, and notice to the borrower of a VIEW.—The Farm Credit Administration OF EXCESS RESERVES.— change in the interest rate applicable to the shall continue the comprehensive review of ‘‘(1) ESTABLISHMENT OF ALLOCATED INSUR- loan of the borrower may be made within a regulations governing the Farm Credit Sys- ANCE RESERVES ACCOUNTS.—There is hereby reasonable time after the effective date of an tem to identify and eliminate, consistent established in the Farm Credit Insurance increase or decrease in the interest rate’’. with law, safety, and soundness, all regula- Fund an Allocated Insurance Reserves Ac- SEC. 208. BORROWERS’ RIGHTS. tions that are unnecessary, unduly burden- count— (a) DEFINITION OF LOAN.—Section some or costly, or not based on law. ‘‘(A) for each insured System bank; and 4.14A(a)(5) of the Farm Credit Act of 1971 (12 SEC. 213. EXAMINATION OF FARM CREDIT SYS- ‘‘(B) subject to paragraph (6)(C), for all U.S.C. 2202a(a)(5)) is amended— TEM INSTITUTIONS. holders, in the aggregate, of Financial As- (1) by striking ‘‘(5) LOAN.—The’’ and insert- The first sentence of section 5.19(a) of the sistance Corporation stock. ing the following: Farm Credit Act of 1971 (12 U.S.C. 2254(a)) is ‘‘(2) TREATMENT.—Amounts in any Allo- ‘‘(5) LOAN.— amended by striking ‘‘each year’’ and insert- cated Insurance Reserves Account shall be ‘‘(A) IN GENERAL.—Subject to subparagraph ing ‘‘during each 18-month period’’. considered to be part of the Farm Credit In- (B), the’’; and SEC. 214. CONSERVATORSHIPS AND RECEIVER- surance Fund. (2) by adding at the end the following: SHIPS. ‘‘(3) ANNUAL ALLOCATIONS.—If, at the end of ‘‘(B) EXCLUSION FOR LOANS DESIGNATED FOR (a) DEFINITIONS.—Section 5.51 of the Farm any calendar year, the aggregate of the SALE INTO SECONDARY MARKET.— Credit Act of 1971 (12 U.S.C. 2277a) is amend- amounts in the Farm Credit Insurance Fund ‘‘(i) IN GENERAL.—Except as provided in ed— exceeds the average secure base amount for clause (ii), the term ‘loan’ does not include a (1) by striking paragraph (5); and the calendar year (as calculated on an aver- loan made on or after the date of enactment (2) by redesignating paragraph (6) as para- age daily balance basis), the Corporation of this subparagraph that is designated, at graph (5). shall allocate to the Allocated Insurance Re- the time the loan is made, for sale into a sec- (b) GENERAL CORPORATE POWERS.—Section serves Accounts the excess amount less the ondary market. 5.58 of the Farm Credit Act of 1971 (12 U.S.C. amount that the Corporation, in its sole dis- ‘‘(ii) UNSOLD LOANS.— 2277a–7) is amended by striking paragraph (9) cretion, determines to be the sum of the esti- ‘‘(I) IN GENERAL.—Except as provided in and inserting the following: mated operating expenses and estimated in- subclause (II), if a loan designated for sale ‘‘(9) CONSERVATOR OR RECEIVER.—The Cor- surance obligations of the Corporation for under clause (i) is not sold into a secondary poration may act as a conservator or re- the immediately succeeding calendar year. market during the 180-day period that begins ceiver.’’. ‘‘(4) ALLOCATION FORMULA.—From the total on the date of the designation, the provisions SEC. 215. FARM CREDIT INSURANCE FUND OPER- amount required to be allocated at the end of of this section and sections 4.14, 4.14B, 4.14C, ATIONS. a calendar year under paragraph (3)— 4.14D, and 4.36 that would otherwise apply to (a) ADJUSTMENT OF PREMIUMS.— ‘‘(A) 10 percent of the total amount shall the loan in the absence of the exclusion de- (1) IN GENERAL.—Section 5.55(a) of the be credited to the Allocated Insurance Re- scribed in clause (i) shall become effective Farm Credit Act of 1971 (12 U.S.C. 2277a–4(a)) serves Account established under paragraph with respect to the loan. is amended— (1)(B), subject to paragraph (6)(C); and ‘‘(II) LATER SALE.—If a loan described in (A) in paragraph (1), by striking ‘‘Until the ‘‘(B) there shall be credited to the Allo- subclause (I) is sold into a secondary market aggregate of amounts in the Farm Credit In- cated Insurance Reserves Account of each in- after the end of the 180-day period described surance Fund exceeds the secure base sured System bank an amount that bears the in subclause (I), subclause (I) shall not apply amount, the annual premium due from any same ratio to the total amount (less any with respect to the loan beginning on the insured System bank for any calendar year’’ amount credited under subparagraph (A)) as date of the sale.’’. and inserting the following: ‘‘If at the end of the average principal outstanding for the 3- (b) BORROWERS’ RIGHTS FOR POOLED any calendar year the aggregate of amounts year period ending on the end of the calendar LOANS.—The first sentence of section 8.9(b) in the Farm Credit Insurance Fund does not year on loans made by the bank that are in of the Farm Credit Act of 1971 (12 U.S.C. exceed the secure base amount, subject to accrual status bears to the average principal 2279aa–9(b)) is amended by inserting ‘‘(as de- paragraph (2), the annual premium due from outstanding for the 3-year period ending on fined in section 4.14A(a)(5))’’ after ‘‘applica- any insured System bank for the calendar the end of the calendar year on loans made tion for a loan’’. year’’; by all insured System banks that are in ac- SEC. 209. FORMATION OF ADMINISTRATIVE SERV- (B) by redesignating paragraph (2) as para- crual status (excluding, in each case, the ICE ENTITIES. graph (3); and guaranteed portions of government-guaran- Part E of title IV of the Farm Credit Act (C) by inserting after paragraph (1) the fol- teed loans described in subsection (a)(1)(C)). of 1971 is amended by inserting after section lowing: ‘‘(5) USE OF FUNDS IN ALLOCATED INSURANCE 4.28 (12 U.S.C. 2214) the following: ‘‘(2) REDUCED PREMIUMS.—The Corporation, RESERVES ACCOUNTS.—To the extent that the ‘‘SEC. 4.28A. DEFINITION OF BANK. in the sole discretion of the Corporation, sum of the operating expenses of the Cor- ‘‘In this part, the term ‘bank’ includes may reduce by a percentage uniformly ap- poration and the insurance obligations of the each association operating under title II.’’. plied to all insured System banks the annual Corporation for a calendar year exceeds the SEC. 210. JOINT MANAGEMENT AGREEMENTS. premium due from each insured System bank sum of operating expenses and insurance ob- The first sentence of section 5.17(a)(2)(A) of during any calendar year, as determined ligations determined under paragraph (3) for the Farm Credit Act of 1971 (12 U.S.C. under paragraph (1).’’. the calendar year, the Corporation shall 2252(a)(2)(A)) is amended by striking ‘‘or (2) CONFORMING AMENDMENTS.— cover the expenses and obligations by— management agreements’’. (A) Section 5.55(b) of the Farm Credit Act ‘‘(A) reducing each Allocated Insurance Re- SEC. 211. DISSEMINATION OF QUARTERLY RE- of 1971 (12 U.S.C. 2277a–4(b)) is amended— serves Account by the same proportion; and PORTS. (i) by striking ‘‘Insurance Fund’’ each ‘‘(B) expending the amounts obtained Section 5.17(a)(8) of the Farm Credit Act of place it appears and inserting ‘‘Farm Credit under subparagraph (A) before expending 1971 (12 U.S.C. 2252(a)(8)) is amended by in- Insurance Fund’’; other amounts in the Fund. serting after ‘‘except that’’ the following: (ii) by striking ‘‘for the following calendar ‘‘(6) OTHER DISPOSITION OF ACCOUNT ‘‘the requirements of the Farm Credit Ad- year’’; and FUNDS.— ministration governing the dissemination to (iii) by striking ‘‘subsection (a)’’ and in- ‘‘(A) IN GENERAL.—As soon as practicable stockholders of quarterly reports of System serting ‘‘subsection (a)(1)’’. during each calendar year beginning more

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S536 CONGRESSIONAL RECORD — SENATE January 26, 1996

than 8 years after the date on which the ag- graph (A)(i) among the bank and associa- ‘‘(B) DETERMINING LEAST COSTLY AP- gregate of the amounts in the Farm Credit tions of the bank. PROACH.—In determining the least costly al- Insurance Fund exceeds the secure base ‘‘(E) EXCEPTION FOR PREVIOUSLY REIM- ternative under subparagraph (A), the Cor- amount, but not earlier than January 1, 2005, BURSED ASSOCIATIONS.—For purposes of sub- poration shall— the Corporation may— paragraph (A)(ii), in any Farm Credit dis- ‘‘(i) evaluate alternatives on a present- ‘‘(i) subject to subparagraphs (D) and (F), trict in which the funding bank has reim- value basis, using a reasonable discount rate; pay to each insured System bank, in a man- bursed 1 or more affiliated associations of ‘‘(ii) document the evaluation and the as- ner determined by the Corporation, an the bank for the previously unreimbursed sumptions on which the evaluation is based; amount equal to the lesser of— portion of the Financial Assistance Corpora- and ‘‘(I) 20 percent of the balance in the insured tion stock held by the associations, the fund- ‘‘(iii) retain the documentation for not less System bank’s Allocated Insurance Reserves ing bank shall be deemed to be the holder of than 5 years. Account as of the preceding December 31; or the shares of Financial Assistance Corpora- ‘‘(C) TIME OF DETERMINATION.— ‘‘(II) 20 percent of the balance in the bank’s tion stock for which the funding bank has ‘‘(i) GENERAL RULE.—For purposes of this Allocated Insurance Reserves Account on the provided the reimbursement. subsection, the determination of the costs of date of the payment; and ‘‘(F) INITIAL PAYMENT.—Notwithstanding providing any assistance under any provision ‘‘(ii) subject to subparagraphs (C), (E), and subparagraph (A), the initial payment made of this section with respect to any insured (F), pay to each System bank and associa- to each payee under subparagraph (A) shall System bank shall be made as of the date on tion holding Financial Assistance Corpora- be in such amount determined by the Cor- which the Corporation makes the determina- tion stock a proportionate share, determined poration to be equal to the sum of— tion to provide the assistance to the institu- by dividing the number of shares of Finan- ‘‘(i) the total of the amounts that would tion under this section. cial Assistance Corporation stock held by have been paid if payments under subpara- ‘‘(ii) RULE FOR LIQUIDATIONS.—For purposes the institution by the total number of shares graph (A) had been authorized to begin, of this subsection, the determination of the of Financial Assistance Corporation stock under the same terms and conditions, in the costs of liquidation of any insured System outstanding, of the lesser of— first calendar year beginning more than 5 bank shall be made as of the earliest of— ‘‘(I) 20 percent of the balance in the Allo- years after the date on which the aggregate ‘‘(I) the date on which a conservator is ap- cated Insurance Reserves Account estab- of the amounts in the Farm Credit Insurance pointed for the insured System bank; lished under paragraph (1)(B) as of the pre- Fund exceeds the secure base amount, and to ‘‘(II) the date on which a receiver is ap- ceding December 31; or continue through the 2 immediately subse- pointed for the insured System bank; or ‘‘(II) 20 percent of the balance in the Allo- quent years; ‘‘(III) the date on which the Corporation cated Insurance Reserves Account estab- ‘‘(ii) interest earned on any amounts that makes any determination to provide any as- lished under paragraph (1)(B) on the date of would have been paid as described in clause sistance under this section with respect to the payment. (i) from the date on which the payments the insured System bank. ‘‘(B) AUTHORITY TO ELIMINATE OR REDUCE would have been paid as described in clause ‘‘(D) RULE FOR STAND-ALONE ASSISTANCE.— PAYMENTS.—The Corporation may eliminate (i); and Before providing any assistance under para- or reduce payments during a calendar year ‘‘(iii) the payment to be made in the initial graph (1), the Corporation shall evaluate the under subparagraph (A) if the Corporation year described in subparagraph (A), based on adequacy of managerial resources of the in- determines, in its sole discretion, that the the amount in each Account after sub- sured System bank. The continued service of payments, or other circumstances that tracting the amounts to be paid under any director or senior ranking officer who might require use of the Farm Credit Insur- clauses (i) and (ii).’’ serves in a policymaking role for the assisted ance Fund, could cause the amount in the (c) TECHNICAL AMENDMENTS.—Section insured System bank, as determined by the Farm Credit Insurance Fund during the cal- 5.55(d) of the Farm Credit Act of 1971 (12 Corporation, shall be subject to approval by endar year to be less than the secure base U.S.C. 2277a–4(d)) is amended— the Corporation as a condition of assistance. amount. (1) in the matter preceding paragraph (1)— ‘‘(E) DISCRETIONARY DETERMINATIONS.—Any ‘‘(C) REIMBURSEMENT FOR FINANCIAL ASSIST- (A) by striking ‘‘subsections (a) and (c)’’ determination that the Corporation makes ANCE CORPORATION STOCK.— and inserting ‘‘subsections (a), (c), and (e)’’; under this paragraph shall be in the sole dis- ‘‘(i) SUFFICIENT FUNDING.—Notwithstanding and cretion of the Corporation.’’. paragraph (4)(A), on provision by the Cor- (B) by striking ‘‘a Farm Credit Bank’’ and (b) CONFORMING AMENDMENTS.—Section poration for the accumulation in the Ac- inserting ‘‘an insured System bank’’; and 5.61(a) of the Farm Credit Act of 1971 (12 count established under paragraph (1)(B) of (2) in paragraphs (1), (2), and (3), by strik- U.S.C. 2277a–10(a)) is amended— funds in an amount equal to $56,000,000 (in ing ‘‘Farm Credit Bank’’ each place it ap- (1) in paragraph (1) by striking ‘‘IN GEN- addition to the amounts described in sub- pears and inserting ‘‘insured System bank’’. ERAL.—’’ and inserting ‘‘STAND-ALONE ASSIST- paragraph (F)(ii)), the Corporation shall not SEC. 216. EXAMINATIONS BY THE FARM CREDIT ANCE.—’’; and allocate any further funds to the Account ex- SYSTEM INSURANCE CORPORATION. (2) in paragraph (2)— cept to replenish the Account if funds are di- Section 5.59(b)(1)(A) of the Farm Credit Act (A) by striking ‘‘ENUMERATED POWERS.—’’ minished below $56,000,000 by the Corpora- of 1971 (12 U.S.C. 2277a–8(b)(1)(A)) is amended and inserting ‘‘FACILITATION OF MERGERS OR tion under paragraph (5). by adding at the end the following: ‘‘Not- CONSOLIDATION.—’’; and (B) in subparagraph (A) by striking ‘‘FA- ‘‘(ii) WIND DOWN AND TERMINATION.— withstanding any other provision of this Act, CILITATION OF MERGERS OR CONSOLIDATION.—’’ ‘‘(I) FINAL DISBURSEMENTS.—On disburse- on cancellation of the charter of a System ment of $53,000,000 (in addition to the institution, the Corporation shall have au- and inserting ‘‘IN GENERAL.—’’. amounts described in subparagraph (F)(ii)) thority to examine the system institution in SEC. 218. OVERSIGHT AND REGULATORY AC- from the Allocated Insurance Reserves Ac- receivership. An examination shall be per- TIONS BY THE FARM CREDIT SYS- formed at such intervals as the Corporation TEM INSURANCE CORPORATION. count, the Corporation shall disburse the re- The Farm Credit Act of 1971 is amended by shall determine.’’. maining amounts in the Account, as deter- inserting after section 5.61 (12 U.S.C. 2279a– mined under subparagraph (A)(ii), without SEC. 217. POWERS WITH RESPECT TO TROUBLED 10) the following: regard to the percentage limitations in sub- INSURED SYSTEM BANKS. ‘‘SEC. 5.61A. OVERSIGHT ACTIONS BY THE COR- clauses (I) and (II) of subparagraph (A)(ii). (a) LEAST-COST RESOLUTION.—Section PORATION. ‘‘(II) TERMINATION OF ACCOUNT.—On dis- 5.61(a)(3) of the Farm Credit Act of 1971 (12 ‘‘(a) DEFINITIONS.—In this section, the term bursement of $56,000,000 (in addition to the U.S.C. 2277a–10(a)) is amended— ‘institution’ means— amounts described in subparagraph (F)(ii)) (1) by redesignating subparagraph (B) as ‘‘(1) an insured System bank; and from the Allocated Insurance Reserves Ac- subparagraph (F); and ‘‘(2) a production credit association or count, the Corporation shall close the Ac- (2) by striking subparagraph (A) and in- other association making loans under sec- count established under paragraph (1)(B) and serting the following: tion 7.6 with a direct loan payable to the transfer any remaining funds in the Account ‘‘(A) LEAST-COST RESOLUTION.—Assistance funding bank of the association that com- to the remaining Allocated Insurance Re- may not be provided to an insured System prises 20 percent or more of the funding serves Accounts in accordance with para- bank under this subsection unless the means bank’s total loan volume net of nonaccrual graph (4)(B) for the calendar year in which of providing the assistance is the least costly loans. the transfer occurs. means of providing the assistance by the ‘‘(b) CONSULTATION REGARDING PARTICIPA- ‘‘(D) DISTRIBUTION OF PAYMENTS RE- Farm Credit Insurance Fund of all possible TION OF UNDERCAPITALIZED BANKS IN CEIVED.—Not later than 60 days after receipt alternatives available to the Corporation, in- ISSUANCE OF INSURED OBLIGATIONS.—The of a payment made under subparagraph cluding liquidation of the bank (including Farm Credit Administration shall consult (A)(i), each insured System bank, in con- paying the insured obligations issued on be- with the Corporation prior to approving an sultation with affiliated associations of the half of the bank). Before making a least-cost insured obligation that is to be issued by or insured System bank, and taking into ac- determination under this subparagraph, the on behalf of, or participated in by, any in- count the direct or indirect payment of in- Corporation shall accord such other insured sured System bank that fails to meet the surance premiums by the associations, shall System banks as the Corporation determines minimum level for any capital requirement develop and implement an equitable plan to to be appropriate the opportunity to submit established by the Farm Credit Administra- distribute payments received under subpara- information relating to the determination. tion for the bank.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S537

‘‘(c) CONSULTATION REGARDING APPLICA- ‘‘(A) a director, officer, employee, or agent ‘‘(B) section 1341 or 1343 of title 18, United TIONS FOR MERGERS AND RESTRUCTURINGS.— for a Farm Credit System institution or any States Code, affecting a Farm Credit System ‘‘(1) CORPORATION TO RECEIVE COPY OF conservator or receiver of such an institu- institution; TRANSACTION APPLICATIONS.—On receiving an tion; ‘‘(5) whether the institution-related party application for a merger or restructuring of ‘‘(B) a stockholder (other than another was in a position of managerial or fiduciary an institution, the Farm Credit Administra- Farm Credit System institution), consult- responsibility; and tion shall forward a copy of the application ant, joint venture partner, or any other per- ‘‘(6) the length of time that the party was to the Corporation. son determined by the Farm Credit Adminis- related to the Farm Credit System institu- ‘‘(2) CONSULTATION REQUIRED.—If the pro- tration to be a participant in the conduct of tion and the degree to which— posed merger or restructuring involves an in- the affairs of a Farm Credit System institu- ‘‘(A) the payment reasonably reflects com- stitution that fails to meet the minimum tion; and pensation earned over the period of employ- level for any capital requirement established ‘‘(C) an independent contractor (including ment; and by the Farm Credit Administration applica- any attorney, appraiser, or accountant) that ‘‘(B) the compensation represents a reason- ble to the institution, the Farm Credit Ad- knowingly or recklessly participates in any able payment for services rendered. ministration shall allow 30 days within violation of any law or regulation, any ‘‘(d) CERTAIN PAYMENTS PROHIBITED.—No which the Corporation may submit the views breach of fiduciary duty, or any unsafe or Farm Credit System institution may prepay and recommendations of the Corporation, in- unsound practice that caused or is likely to the salary or any liability or legal expense of cluding any conditions for approval. In de- cause more than a minimal financial loss to, any institution-related party if the payment termining whether to approve or disapprove or a significant adverse effect on, the Farm is made— any proposed merger or restructuring, the Credit System institution. ‘‘(1) in contemplation of the insolvency of Farm Credit Administration shall give due ‘‘(4) LIABILITY OR LEGAL EXPENSE.—The the institution or after the commission of an consideration to the views and recommenda- term ‘liability or legal expense’ means— act of insolvency; and tions of the Corporation. ‘‘(A) a legal or other professional expense ‘‘(2) with a view to, or with the result of— ‘‘SEC. 5.61B. AUTHORITY TO REGULATE GOLDEN incurred in connection with any claim, pro- ‘‘(A) preventing the proper application of PARACHUTE AND INDEMNIFICATION ceeding, or action; the assets of the institution to creditors; or PAYMENTS. ‘‘(B) the amount of, and any cost incurred ‘‘(B) preferring 1 creditor over another ‘‘(a) DEFINITIONS.—In this section: in connection with, any settlement of any creditor. ‘‘(1) GOLDEN PARACHUTE PAYMENT.—The claim, proceeding, or action; and ‘‘(e) RULE OF CONSTRUCTION.—Nothing in term ‘golden parachute payment’— ‘‘(C) the amount of, and any cost incurred this section— ‘‘(A) means a payment (or any agreement ‘‘(1) prohibits any Farm Credit System in- to make a payment) in the nature of com- in connection with, any judgment or penalty stitution from purchasing any commercial pensation for the benefit of any institution- imposed with respect to any claim, pro- insurance policy or fidelity bond, so long as related party under an obligation of any ceeding, or action. the insurance policy or bond does not cover Farm Credit System institution that— ‘‘(5) PAYMENT.—The term ‘payment’ any legal or liability expense of an institu- ‘‘(i) is contingent on the termination of the means— tion described in subsection (a)(2); or party’s relationship with the institution; and ‘‘(A) a direct or indirect transfer of any ‘‘(ii) is received on or after the date on funds or any asset; and ‘‘(2) limits the powers, functions, or re- which— ‘‘(B) any segregation of any funds or assets sponsibilities of the Farm Credit Adminis- ‘‘(I) the institution is insolvent; for the purpose of making, or under an agree- tration.’’. ‘‘(II) a conservator or receiver is appointed ment to make, any payment after the date SEC. 219. FARM CREDIT SYSTEM INSURANCE for the institution; on which the funds or assets are segregated, CORPORATION BOARD OF DIREC- TORS. ‘‘(III) the institution has been assigned by without regard to whether the obligation to (a) IN GENERAL.—Section 5.53 of the Farm the Farm Credit Administration a composite make the payment is contingent on— CAMEL rating of 4 or 5 under the Farm Cred- ‘‘(i) the determination, after that date, of Credit Act of 1971 (12 U.S.C. 2277a–2) is it Administration Rating System, or an the liability for the payment of the amount; amended to read as follows: equivalent rating; or or ‘‘SEC. 5.53. BOARD OF DIRECTORS. ‘‘(IV) the Corporation otherwise deter- ‘‘(ii) the liquidation, after that date, of the ‘‘(a) ESTABLISHMENT.—The Corporation mines that the institution is in a troubled amount of the payment. shall be managed by a Board of Directors condition (as defined in regulations issued by ‘‘(b) PROHIBITION.—The Corporation may that shall consist of the members of the the Corporation); and prohibit or limit, by regulation or order, any Farm Credit Administration Board. ‘‘(B) includes a payment that would be a golden parachute payment or indemnifica- ‘‘(b) CHAIRMAN.—The Board of Directors golden parachute payment but for the fact tion payment by a Farm Credit System in- shall be chaired by any Board member other that the payment was made before the date stitution (including any conservator or re- than the Chairman of the Farm Credit Ad- referred to in subparagraph (A)(ii) if the pay- ceiver of the Federal Agricultural Mortgage ministration Board.’’. ment was made in contemplation of the oc- Corporation) in troubled condition (as de- (b) CONFORMING AMENDMENTS.— currence of an event described in any sub- fined in regulations issued by the Corpora- (1) Section 5314 of title 5, United States clause of subparagraph (A); but tion). Code, is amended by striking ‘‘Chairperson, ‘‘(C) does not include— ‘‘(c) FACTORS TO BE TAKEN INTO ACCOUNT.— Board of Directors of the Farm Credit Sys- ‘‘(i) a payment made under a retirement The Corporation shall prescribe, by regula- tem Insurance Corporation.’’. plan that is qualified (or is intended to be tion, the factors to be considered by the Cor- (2) Section 5315 of title 5, United States qualified) under section 401 of the Internal poration in taking any action under sub- Code, is amended by striking ‘‘Members, Revenue Code of 1986 or other nondiscrim- section (b). The factors may include— Board of Directors of the Farm Credit Sys- inatory benefit plan; ‘‘(1) whether there is a reasonable basis to tem Insurance Corporation.’’. ‘‘(ii) a payment made under a bona fide believe that an institution-related party has SEC. 220. INTEREST RATE REDUCTION PROGRAM. supplemental executive retirement plan, de- committed any fraudulent act or omission, Section 351(a) of the Consolidated Farm ferred compensation plan, or other arrange- breach of trust or fiduciary duty, or insider and Rural Development Act (7 U.S.C. 1999) is ment that the Corporation determines, by abuse with regard to the Farm Credit Sys- amended— regulation or order, to be permissible; or tem institution involved that has had a ma- (A) by striking ‘‘SEC. 351. (a) The’’ and in- ‘‘(iii) a payment made by reason of the terial effect on the financial condition of the serting the following: death or disability of an institution-related institution; ‘‘SEC. 351. INTEREST RATE REDUCTION PRO- party. ‘‘(2) whether there is a reasonable basis to GRAM. ‘‘(2) INDEMNIFICATION PAYMENT.—The term believe that the institution-related party is ‘‘(a) ESTABLISHMENT OF PROGRAM.— ‘indemnification payment’ means a payment substantially responsible for the insolvency ‘‘(1) IN GENERAL.—The’’; and (or any agreement to make a payment) by of the Farm Credit System institution, the (B) by adding at the end the following: any Farm Credit System institution for the appointment of a conservator or receiver for ‘‘(2) TERMINATION OF AUTHORITY.—The au- benefit of any person who is or was an insti- the institution, or the institution’s troubled thority provided by this subsection shall ter- tution-related party, to pay or reimburse the condition (as defined in regulations pre- minate on September 30, 2002.’’. person for any liability or legal expense with scribed by the Corporation); SEC. 221. LIABILITY FOR MAKING CRIMINAL RE- regard to any administrative proceeding or ‘‘(3) whether there is a reasonable basis to FERRALS. civil action instituted by the Farm Credit believe that the institution-related party has (a) IN GENERAL.—Any institution of the Administration that results in a final order materially violated any applicable law or Farm Credit System, or any director, officer, under which the person— regulation that has had a material effect on employee, or agent of a Farm Credit System ‘‘(A) is assessed a civil money penalty; or the financial condition of the institution; institution, that discloses to a Government ‘‘(B) is removed or prohibited from partici- ‘‘(4) whether there is a reasonable basis to authority information proffered in good faith pating in the conduct of the affairs of the in- believe that the institution-related party has that may be relevant to a possible violation stitution. violated or conspired to violate— of any law or regulation shall not be liable ‘‘(3) INSTITUTION-RELATED PARTY.—The ‘‘(A) section 215, 657, 1006, 1014, or 1344 of to any person under any law of the United term ‘institution-related party’ means— title 18, United States Code; or States or any State—

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S538 CONGRESSIONAL RECORD — SENATE January 26, 1996 (1) for the disclosure; or (2) enter into an agreement with an appro- interest in obtaining the plant. Since (2) for any failure to notify the person in- priate public or private entity or person to local interests cannot afford the origi- volved in the possible violation. lease such property and improvements to nal cost of $4.2 million, the provisions (b) NO PROHIBITION ON DISCLOSURE.—Any that entity or person for such economic de- of this bill allow the transfer to occur institution of the Farm Credit System, or velopment; or any director, officer, employee, or agent of a (3) enter into an agreement with an appro- without consideration to help establish Farm Credit System institution, may dis- priate public or private entity or person to a private sector firm that will remain a close information to a Government author- sell such property and improvements to that viable part of the defense industrial ity that may be relevant to a possible viola- entity or person for such economic develop- base. The future of the plant depends tion of any law or regulation. ment. on its ability to compete as a commer- TITLE III—IMPLEMENTATION AND (c) PREFERENCE FOR DOMESTIC DISPOSAL OF cial manufacturer. EFFECTIVE DATE JEWEL BEARINGS.—(1) In offering to enter This bill will enable the plant to re- into agreements pursuant to any provision of SEC. 301. IMPLEMENTATION. law for the disposal of jewel bearings from main a viable economic enterprise as it The Secretary of Agriculture and the Farm the National Defense Stockpile, the Presi- makes this transition to the private Credit Administration shall promulgate reg- dent shall give a right of first refusal on all sector. I ask my colleagues to support ulations and take other required actions to such offers to the Authority or the appro- this bill. It relieves the Federal Gov- implement the provisions of this Act not priate public or private entity or person with ernment of the burden of a facility it later than 90 days after the effective date of which the Authority enters into an agree- this Act. no longer needs, while aiding a commu- ment under subsection (b). nity that needs the economic activity SEC. 302. EFFECTIVE DATE. (2) For the purposes of this subsection, the Except as otherwise provided in this Act, term ‘‘National Defense Stockpile’’ means created by the facility. this Act and the amendments made by this the stockpile provided for in section 4 of the f Act shall become effective on the date of en- Strategic and Critical Materials Stock Pil- ORDERS FOR TUESDAY, JANUARY actment. ing Act (50 U.S.C. 98c). 30, 1996 Mr. DOLE. Mr. President, I ask unan- (d) AVAILABILITY OF FUNDS FOR MAINTE- NANCE OF PLANT.—Notwithstanding any imous consent that the Senate concur Mr. DOLE. I ask unanimous consent other provision of law, funds available in fis- that when the Senate completes its in the amendment of the House to the cal year 1995 for the maintenance of the Wil- Senate amendment and that any state- business today, it stand in adjourn- liam Langer Jewel Bearing Plant in Public ment until the hour of 11 a.m., Tues- ments relating to the measure appear Law 103–335 shall be available for the mainte- day, January 30; further, that imme- at the appropriate place in the RECORD. nance of that plant in fiscal year 1996 pend- The PRESIDING OFFICER. Without ing the conveyance of the plant under this diately following the prayer, the Jour- objection, it is so ordered. section. nal of proceedings be deemed approved (e) DESCRIPTION OF PROPERTY.—The exact to date, no resolutions come over under f acreage and legal description of the property the rule, the call of the calendar be dis- CONVEYANCE OF THE WILLIAM conveyed under this section shall be deter- pensed with, the morning hour be LANGER JEWEL BEARING PLANT mined by a survey satisfactory to the Ad- deemed to have expired, and the time ministrator. The cost of such survey shall be Mr. DOLE. Mr. President, I ask unan- borne by the Administrator. for the two leaders be reserved for their imous consent that the Senate proceed (f) ADDITIONAL TERMS AND CONDITIONS.— use later in the day, and there then be to the immediate consideration of S. The Administrator may require such addi- a period for morning business until the 1544, a bill to authorize the conveyance tional terms and conditions in connection hour of 1 p.m., the time equally divided of the William Langer Jewel Bearing with the conveyance under this section as between the two parties. Plant to the Job Development Author- the Administrator determines appropriate to The PRESIDING OFFICER. Without protect the interests of the United States. ity of the city of Rolla, ND, introduced objection, it is so ordered. Mr. CONRAD. Mr. President, I rise in earlier today by Senators DORGAN and f support of a bill that would authorize CONRAD; that the bill be read three PROGRAM times, passed, and the motion to recon- the conveyance of the William Langer sider be laid upon the table, with the Jewel Bearing Plant from the General Mr. DOLE. For the information of all above occurring without intervening Services Administration to the Job De- Senators, the Senate will reconvene on action or debate; and that any state- velopment Authority of the city of Tuesday for a period of morning busi- ments relating thereto be placed at the Rolla, ND. ness. There will be no rollcall votes. We The facility provides substantial em- will be in about 2 hours. Each side will appropriate place in the RECORD as if ployment for an economically dis- read. have about an hour for morning busi- advantaged part of my State. Of the The PRESIDING OFFICER. Without ness. plant’s 110 employees, about 60 percent objection, it is so ordered. The Senate will then convene on are Native American. The Turtle So the bill (S. 1544) was deemed read Wednesday for another period of morn- Mountain Reservation, local busi- for a third time and passed, as follows: ing business. The Senate will then ad- nesses, and State officials are all work- journ over until Thursday. And on S. 1544 ing together to ensure the success of Thursday, at 11:45 a.m., there will be a Be it enacted by the Senate and House of Rep- the Plant and its growth as a viable en- joint meeting of both Houses to hear resentatives of the United States of America in terprise. Residents of Rolla have fully Congress assembled, an address by the President of France, embraced the plan to transfer the plant President Chirac. Members should be in SECTION 1. LAND CONVEYANCE, WILLIAM LANGER JEWEL BEARING PLANT, over to the local Job Development Au- the Senate at approximately 11:25 in ROLLA, NORTH DAKOTA. thority. Moreover, the Langer plant order to proceed to the House of Rep- (a) AUTHORITY TO CONVEY.—The Adminis- utilizes unique micromanufacturing resentatives. trator of General Services may convey, with- technology that helped form a critical Following that address, the Senate out consideration, to the Job Development part of our defense industrial base and will then debate and conduct a cloture Authority of the City of Rolla, North Dakota can be reapplied to the private sector. vote on the motion to proceed to a (in this section referred to as the ‘‘Author- The plant’s existing production of ity’’), all right, title, and interest of the Lugar-Dole farm bill introduced earlier United States in and to a parcel of real prop- dosimeters, used in measuring exposure this evening. erty, with improvements thereon, consisting to nuclear radiation, as well as its Also, the Senate could turn to any of approximately 9.77 acres and comprising hopes to develop a large scale produc- items that can be cleared for action, the William Langer Jewel Bearing Plant in tion of fiber optic cable connectors, and all Senators should be aware that Rolla, North Dakota. known as ferrules, will increase its po- rollcall votes are expected during (b) CONDITION OF CONVEYANCE.—The con- tential to compete in commercial mar- Thursday’s session. veyance authorized under subsection (a) kets and meet possible future Federal shall be subject to the condition that the Au- f needs. thority— TELECOM CONFERENCE REPORT (1) use the real property and improvements The General Services Administra- conveyed under that subsection for economic tion, the Army Corps of Engineers, and Mr. DOLE. Mr. President, let me in- development relating to the jewel bearing the Department of Defense all report dicate that we hope to have a con- plant; that no federal agency has expressed ference report on the telecom bill by

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S539 Thursday. It is a very important bill. It GINGRICH and I appointed, and which is the cops began to stare at them, it would ought to be completed. We are working chaired by Senators GRASSLEY and have been unusual.’’ The woman who was driving the car gave on a number of issues including the HATCH, and Congressmen ZELIFF and the police a videotaped confession. Carol spectrum issue which I feel strongly HYDE. Bayless, a 41-year-old Detroit woman, told about. If you noted—in fact, I will If we are to truly win the war on police that she expected to be paid $20,000 for place it in the RECORD—today the spec- drugs, however, then President Clinton driving the drugs back home, and said that trum sale which was estimated by the should appoint Federal judges who pun- she had made a total of about 20 trips to New CBO to bring between $20 million and ish law breakers, and not law enforce- York to buy drugs. Judge Baer threw out the $100 million brought $682 million. ment officers. videotaped confession. Unless the ruling is So as we look at ways to reduce the And if a case that occurred in New overturned by the appeals court, the pros- York City this week is a sign of the ecutors say they no longer have a case; Ms. deficit, let us not start a big giveaway Bayless, who faced 10 years to life in jail, program to some of the broadcasters in type of judges that the President has will be free to go. America who can afford to pay for it. I appointed, then we might as well wave The year’s young, but we doubt Judge Baer know they are not very happy. I know the white flag. will have any competition for this year’s they are not very happy with me. But Let me briefly describe this case: Judge Sarokin Award, named in honor of the all I ask them is when they make their While stationed in an unmarked patrol federal judge in New Jersey who ruled for a statements and their criticisms, they car, a New York City police officer homeless man who used to lurk inside the Morristown library, spreading his ‘‘ambro- use the facts. watched four men walk single file up to a trunk of a car parked in a known hub sia.’’ Liberalism manages to deliver us these I see a lot of things on the networks rulings on a regular basis, so it’s appropriate about things that happen in Congress of drug activity, and place large duffel to raise a few concerns. and how we waste money and all the bags inside the trunk. The first has to do with community stand- things that Members of Congress do, The men then noticed the police offi- ards. Aren’t the mostly minority residents of but I have not seen a single story ex- cer and ran off in different directions. Amsterdam Avenue and 176th Street, where cept for CNN on the spectrum on any of Upon searching the trunk of the car, the incident took place, entitled to the same the major networks, on how much it the officers discovered that the duffel level of protection as the mostly white resi- dents 100 blocks south on Amsterdam in the means to them, how many billions of bags contained 75 pounds of cocaine, and 4 pounds of heroin—a discovery heart of New York’s Yuppiedom? We suspect dollars it means to them—free. So I the law-abiding residents of Washington would just hope in their objective re- that had a street value of $4 million. Heights might take a different view about porting as they cover us in the Con- The driver of the car gave the police a whether the bigger threat to their well-being gress and as they cover other events full videotaped confession, detailing is the police or fleeing drug runners. across America they might at least de- her 4-year history in a drug-dealing The other issue raised by the Baer ruling is vote maybe one or two minutes to ring. the politics of judicial appointments. Judge Baer is a Clinton appointee, named to the what the spectrum is all about so the On Wednesday, however, Federal Dis- trict Court Judge Harold Baer, Jr., federal bench in 1994 on the advice of the American people understand it is not Democratic Senator from New York, Patrick what they say it is about; it is about ruled that the drugs and the videotaped Moynihan. Now, certainly it is the case that real money. confession could not be used as evi- Democrats have appointed first-rate jurists The late Senator Dirksen used to dence. to the federal bench. But it’s also the case say, ‘‘$1 billion here and $1 billion The reasoning? The judge said that that it is at the liberal end of the modern ju- there soon adds up to real money.’’ running away from the police was not diciary that communities find their interests This is real money, and at the time we suspicious behavior, because—and I trampled by overly expansive and even ab- are reducing welfare programs and quote: ‘‘The residents of the neighbor- surd legal claims for defendants. hood tended to regard police officers as If Mr. Clinton is re-elected, by the end of other programs that affect poor people, his second term he will have filled roughly I hope that those who could afford to corrupt, abusive, and violent.’’ Unless half of the slots in the federal judiciary, in- pay would be happy to do so—or I this ruling is overturned, a confessed cluding majorities on the federal appeals would say at least would do so. And we drug dealer will go free. courts. And that he would get one, two or hope we can work that out. Let us hope that this is the only ap- even three more appointments to the Su- pointee of President Clinton who ap- preme Court. Mr. Clinton no doubt would f parently believes that police officers separate himself from decisions like Judge THE NEW DRUG CZAR are a bigger threat to the well-being of Baer’s, but one then has to somehow believe that he would actually separate himself from Mr. DOLE. Mr. President, in his our communities than those who ped- dle drugs to our kids. the constituencies insisting that he pick State of the Union Address, President from the same candidate pool that produces Clinton announced his intention to re- Mr. President, I ask unanimous con- such judges. enlist his administration in the war sent that an editorial from today’s As for the war on drugs, we commend against drugs. Wall Street Journal discussing this Judge Baer’s ruling to the attention of drug Those are welcome words to all of us very disturbing case be printed in the czar-designate, General Barry McCaffrey. In who have looked to the White House RECORD. his State of the Union address Tuesday, Mr. for leadership in that war these past 3 There being no objection, the article Clinton told Americans that ‘‘every one of us was ordered to be printed in the have a role to play on this team.’’ But the years, only to be disappointed time and best anti-drug legislation and the best law RECORD, as follows: time again. enforcement won’t work unless the judiciary From the gutting of the Drug Czar’s [From the Wall Street Journal, Jan. 26, 1996] is willing to enforce the laws. THE DRUG JUDGE Office to the appointment of a Surgeon f General who spoke out in favor of le- Winning the war on drugs won’t be easy if galizing drugs, the message from this the battles end up in courtrooms like that of COMPLIMENTING SENATOR administration has been one in stark Harold Baer Jr. of the Federal District Court THURMOND contrast to the ‘‘just say no’’ message in . Judge Baer ruled Wednesday Mr. DOLE. Mr. President, I certainly that was so successful in reducing drug that 80 pounds of cocaine and heroin that po- want to compliment the distinguished lice found in a car in the drug-wracked use in the 1980’s. neighborhood of Washington Heights could Senator from South Carolina, Senator The President’s words of Tuesday not be used as evidence. The drugs, which THURMOND, for his dogged determina- evening, however, give hope that he have a street value of $4 million, are ‘‘taint- tion. The bill went to the White House has recognized that the very disturbing ed evidence,’’ he said. once. It was vetoed. It came back. As increase in drug use among America’s He ruled that the police had no good rea- everybody knows Senator THURMOND, youth these past 3 years is proof that son for searching the car, despite the fact he did not give up, and tonight the bill his policies have not worked. that the four men putting duffel bags into passed with a wide margin, primarily the trunk took off running when they saw And I look forward to hearing from because of Senator THURMOND’s persist- the cops. This, the judge ruled, was not sus- General McCaffrey, the new Drug Czar, picious behavior. Reason: the ‘‘residents of ence and insistence and his willingness and hope that he will work closely with this neighborhood tended to regard police of- to make some changes that satisfied the Congressional Task Force on Na- ficers as corrupt, abusive and violent.’’ As a Members on the other side and the tional Drug Policy, which Speaker matter of fact: ‘‘Had the men not run when President.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S540 CONGRESSIONAL RECORD — SENATE January 26, 1996 I think it was an outstanding job. I NOMINATIONS NATIONAL LABOR RELATIONS BOARD congratulate the Senator because I Executive nominations received by SARAH MC CRACKEN FOX, OF NEW YORK, TO BE A MEM- BER OF THE NATIONAL LABOR RELATIONS BOARD FOR think he has the assurance it will be the Senate January 26, 1996: THE TERM OF 5 YEARS EXPIRING AUGUST 27, 2000, VICE JAMES M. STEPHENS, TERM EXPIRED, TO WHICH POSI- signed by the White House. THE JUDICIARY TION SHE WAS APPOINTED DURING THE LAST RECESS OF f ANABELLE RODRIGUEZ-RODRIGUEZ, OF PUERTO RICO, THE SENATE. TO BE U.S. DISTRICT JUDGE FOR THE DISTRICT OF PUER- TO RICO VICE RAYMOND L. ACOSTA, RETIRED. COMPLIMENTING SENATOR LOTT DEAN D. PREGERSON, OF CALIFORNIA, TO BE U.S. DIS- f TRICT JUDGE FOR THE CENTRAL DISTRICT OF CALI- Mr. DOLE. Mr. President, I also FORNIA, VICE A. WALLACE TASHIMA, ELEVATED. OTT W. CRAIG BROADWATER, OF WEST VIRGINIA, TO BE U.S. thank my colleague, Senator L , in DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF WEST CONFIRMATIONS negotiating the compromise on the bal- VIRGINIA VICE ROBERT E. MAXWELL, RETIRED. Executive Nominations Confirmed by listic missile defense provisions. He did DEPARTMENT OF HEALTH AND HUMAN SERVICES the Senate January 26, 1996: a good job in that area. PETER BENJAMIN EDELMAN, OF THE DISTRICT OF CO- LUMBIA, TO BE AN ASSISTANT SECRETARY OF HEALTH EXECUTIVE OFFICE OF THE PRESIDENT f AND HUMAN SERVICES, VICE DAVID T. ELLWOOD, RE- SIGNED, TO WHICH POSITION HE WAS APPOINTED DUR- ALICIA HAYDOCK MUNNELL, OF MASSACHUSETTS, TO ING THE LAST RECESS OF THE SENATE. BE A MEMBER OF THE COUNCIL OF ECONOMIC ADVISERS. TRIBUTE TO THE PAGES DEPARTMENT OF EDUCATION SECURITIES AND EXCHANGE COMMISSION Mr. DOLE. Mr. President, I just want GERALD N. TIROZZI, OF CONNECTICUT, TO BE ASSIST- ISAAC C. HUNT, JR., OF OHIO, TO BE A MEMBER OF THE to indicate this is the last day for our ANT SECRETARY FOR ELEMENTARY AND SECONDARY SECURITIES AND EXCHANGE COMMISSION FOR THE EDUCATION, DEPARTMENT OF EDUCATION, VICE THOMAS TERM EXPIRING JUNE 5, 2000. pages. We will have a new group of W. PAYZANT, RESIGNED, TO WHICH POSITION HE WAS AP- pages beginning next week. We cer- POINTED DURING THE LAST RECESS OF THE SENATE. DEPARTMENT OF DEFENSE DEPARTMENT OF TRANSPORTATION tainly want to indicate to all of them ARTHUR L. MONEY, OF CALIFORNIA, TO BE AN ASSIST- on each side how much we appreciate CHARLES A. HUNNICUTT, OF GEORGIA, TO BE AN AS- ANT SECRETARY OF THE AIR FORCE. SISTANT SECRETARY OF TRANSPORTATION, VICE JEF- H. MARTIN LANCASTER, OF NORTH CAROLINA, TO BE their services and how meaningful FREY NEIL SHANE, RESIGNED, TO WHICH POSITION HE AN ASSISTANT SECRETARY OF THE ARMY. their services have been. WAS APPOINTED DURING THE LAST RECESS OF THE SEN- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT We hope that it has been a great ex- ATE. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- DEPARTMENT OF STATE QUESTS TO APPEAR AND TESTIFY BEFORE DULY CON- perience for you. We look forward to STITUTED COMMITTEE OF THE SENATE. seeing some of you standing where we EILEEN B. CLAUSSEN, OF THE DISTRICT OF COLUMBIA, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT TO BE ASSISTANT SECRETARY OF STATE FOR OCEANS AS VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND are standing in a few years, because AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC REAPPOINTMENT TO THE GRADE OF GENERAL UNDER that is how it all starts. You get sort of AFFAIRS, VICE ELINOR G. CONSTABLE, TO WHICH POSI- THE PROVISIONS OF TITLE 10, UNITED STATES CODE, TION SHE WAS APPOINTED DURING THE LAST RECESS OF SECTION 154: interested in something. But primarily THE SENATE. I want to say thank you, and the best CIVIL LIBERTIES PUBLIC EDUCATION FUND VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF wishes as you go back to school. DON T. NAKANISHI, OF CALIFORNIA, TO BE A MEMBER To be general OF THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES Mr. President, I ask unanimous con- PUBLIC EDUCATION FUND FOR A TERM OF 2 YEARS (NEW GEN. JOSEPH W. RALSTON, 000–00–0000, U.S. AIR FORCE. sent that their names be printed in the POSITION), TO WHICH POSITION HE WAS APPOINTED DUR- ING THE LAST RECESS OF THE SENATE. IN THE AIR FORCE RECORD. PEGGY A. NAGAE, OF OREGON, TO BE A MEMBER OF THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES There being no objection, the names TO THE GRADE OF LIEUTENANT GENERAL ON THE RE- PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS (NEW TIRED LIST PURSUANT TO THE PROVISIONS OF TITLE 10 were ordered to be printed in the POSITION), TO WHICH POSITION SHE WAS APPOINTED UNITED STATES CODE, SECTION 1370: RECORD, as follows: DURING THE LAST RECESS OF THE SENATE. DALE MINAMI, OF CALIFORNIA, TO BE A MEMBER OF To be lieutenant general REPUBLICAN PAGES—FALL 1995 THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS (NEW LT. GEN. MARCUS A. ANDERSON, 000–00–0000, U.S. AIR Casey Smith, Virginia. POSITION), TO WHICH POSITION HE WAS APPOINTED DUR- FORCE. Vicky Fales, Wyoming. ING THE LAST RECESS OF THE SENATE. YEIICHI KUWAYAMA, OF THE DISTRICT OF COLUMBIA, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Megan Burgess, Oregon. TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE IN THE RESERVE OF THE AIR FORCE, TO THE GRADE IN- Stephen Hogan, Rhode Island. CIVIL LIBERTIES PUBLIC EDUCATION FUND FOR A TERM DICATED, UNDER THE PROVISIONS OF TITLE 10 UNITED OF 3 YEARS (NEW POSITION), TO WHICH POSITION HE WAS STATES CODE, SECTIONS 8773, 8374, 12201 AND 12212: Kate Cramer, Alabama. APPOINTED DURING THE LAST RECESS OF THE SENATE. Trisha Neuman, Wisconsin. ELSA H. KUDO, OF HAWAII, TO BE A MEMBER OF THE To be major general Chris Richter, Vermont. BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC BRIG. GEN. WILLIAM A. HENDERSON, 000–00–0000, AIR NA- EDUCATION FUND FOR A TERM OF 2 YEARS (NEW POSI- Trey Herndon, Mississippi. TIONAL GUARD. TION), TO WHICH POSITION SHE WAS APPOINTED DURING BRIG. GEN. TIMOTHY J. LOWENBERG, 000–00–0000, AIR NA- Staci Roberts, Iowa. THE LAST RECESS OF THE SENATE. TIONAL GUARD. SUSAN HAYASE, OF CALIFORNIA, TO BE A MEMBER OF Bryan Ingram, Washington. BRIG. GEN. MELVYN S. MONTANO, 000–00–0000, AIR NA- THE BOARD OF DIRECTORS OF THE CIVIL LIBERTIES TIONAL GUARD. Lauren Houston, South Carolina. PUBLIC EDUCATION FUND FOR A TERM OF 3 YEARS (NEW BRIG. GEN. GUY S. TALLENT, 000–00–0000, AIR NATIONAL POSITION), TO WHICH POSITION SHE WAS APPOINTED DEMOCRATIC PAGES—FALL 1995 GUARD. DURING THE LAST RECESS OF THE SENATE. BRIG. GEN. LARRY R. WARREN, 000–00–0000, AIR NATIONAL LEO K. GOTO, OF COLORADO, TO BE A MEMBER OF THE GUARD. Katherine Aldrich, Montana. BOARD OF DIRECTORS OF THE CIVIL LIBERTIES PUBLIC Rebecca Brink, Massachusetts. EDUCATION FUND FOR A TERM OF 2 YEARS (NEW POSI- To be brigadier general Matthew Ebert, Minnesota. TION), TO WHICH POSITION HE WAS APPOINTED DURING THE LAST RECESS OF THE SENATE. COL. JAMES H. BAKER, 000–00–0000, AIR NATIONAL Katharine Hutchinson, Vermont. ROBERT F. DRINAN, OF MASSACHUSETTS, TO BE A GUARD. Kathleen Kingsbury, Massachusetts. MEMBER OF THE BOARD OF DIRECTORS OF THE CIVIL COL. JAMES H. BASSHAM, 000–00–0000, AIR NATIONAL LIBERTIES PUBLIC EDUCATION FOR A TERM OF 3 YEARS GUARD. Kristen Knudsen, South Dakota. (NEW POSITION), TO WHICH POSITION HE WAS AP- COL. PAUL D. KNOX, 000–00–0000, AIR NATIONAL GUARD. Kamani Kualaau, Hawaii. POINTED DURING THE LAST RECESS OF THE SENATE. COL. CARL A. LORENZEN, 000–00–0000, AIR NATIONAL GUARD. Matt Lindsey, Arkansas. SOCIAL SECURITY ADMINISTRATION COL. TERRY A. MAYNARD, 000–00–0000, AIR NATIONAL Katie Pribyl, Colorado. GERALD M. SHEA, OF THE DISTRICT OF COLUMBIA, TO GUARD. Melissa Roy, Maine. BE A MEMBER OF THE SOCIAL SECURITY ADVISORY COL. FRED L. MORTON 000–00–0000, AIR NATIONAL GUARD. Robert Tankersley, Arkansas. BOARD FOR A TERM OF 4 YEARS EXPIRING SEPTEMBER 30, 1998 (NEW POSITION), TO WHICH POSITION HE WAS AP- COL. LORAN C. SCHNAIDT, 000–00–0000, AIR NATIONAL Matthew Vogel, Michigan. POINTED DURING THE LAST RECESS OF THE SENATE. GUARD. HARLAN MATHEWS, OF TENNESSEE, TO BE A MEMBER COL. BRUCE F. TUXILL, 000–00–0000, AIR NATIONAL f OF THE SOCIAL SECURITY ADVISORY BOARD FOR A GUARD. TERM OF 6 YEARS EXPIRING SEPTEMBER 30, 2000 (NEW POSITION), TO WHICH POSITION HE WAS APPOINTED DUR- IN THE NAVY ADJOURNMENT UNTIL TUESDAY, ING THE LAST RECESS OF THE SENATE. THE FOLLOWING-NAMED OFFICER TO BE PLACED ON JANUARY 30, 1996, AT 11 A.M. WILLIAM C. BROOKS, OF MICHIGAN, TO BE A MEMBER THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- OF THE SOCIAL SECURITY ADVISORY BOARD FOR A DICATED UNDER SECTION 1370 OF TITLE 10, UNITED The PRESIDING OFFICER. Under TERM OF 2 YEARS EXPIRING SEPTEMBER 30, 1996 (NEW STATES CODE: POSITION), TO WHICH POSITION HE WAS APPOINTED DUR- the previous order, the Senate now ING THE LAST RECESS OF THE SENATE. To be vice admiral stands adjourned until 11 a.m. on Tues- FEDERAL RETIREMENT THRIFT INVESTMENT VICE ADM. RICHARD C. ALLEN, 000–00–0000. day, January 30. BOARD THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Thereupon, the Senate, at 8:52 p.m., THOMAS A. FINK, OF ALASKA, TO BE A MEMBER OF THE TO THE GRADE OF VICE ADMIRAL IN THE U.S. NAVY adjourned until Tuesday, January 30, FEDERAL RETIREMENT THRIFT INVESTMENT BOARD WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOR A TERM EXPIRING OCTOBER 11, 1999, VICE JAMES H. RESPONSIBILITY UNDER TITLE 10 UNITED STATES CODE, 1996, at 11 a.m. ATKINS, TERM EXPIRED. SECTION 601:

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00150 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — SENATE S541 To be vice admiral AIR FORCE NOMINATIONS BEGINNING WILLIAM C. ARMY NOMINATION BEGINNING PAUL A. OSTERGAARD, ALFORD, AND ENDING LINDA S. MITCHELL, WHICH NOMI- WHICH NOMINATION WAS RECEIVED BY THE SENATE AND REAR ADM. JOHN J. MAZACH, 000–00–0000. NATIONS WERE RECEIVED BY THE SENATE AND AP- APPEARED IN THE CONGRESSIONAL RECORD ON NOVEM- PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER BER 28, 1995. THE FOLLOWING-NAMED OFFICER TO BE PLACED ON 4, 1995. THE RETIRED LIST OF THE U.S. NAVY IN THE GRADE IN- ARMY NOMINATIONS BEGINNING CHARLES W. BACCUS, AIR FORCE NOMINATIONS BEGINNING ROGELIO F. AND ENDING DONNA M. WRIGHT, WHICH NOMINATIONS DICATED UNDER SECTION 1370 OF TITLE 10, UNITED GOLLE, AND ENDING MICHAEL L. DELORENZO, WHICH STATES CODE: WERE RECEIVED BY THE SENATE AND APPEARED IN THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER To be admiral ARMY NOMINATIONS BEGINNING MARK E. BENZ, AND 4, 1995. ADM. WILLIAM A. OWENS, 000–00–0000. AIR FORCE NOMINATIONS BEGINNING DWAYNE A. ENDING STEVEN R. YOUNG, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE AIR FORCE ALONS, AND ENDING FRANCIS K. MANUEL, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- GRESSIONAL RECORD ON NOVEMBER 28, 1995. AIR FORCE NOMINATIONS BEGINNING TODD D. PEARED IN THE CONGRESSIONAL RECORD ON DECEMBER ARMY NOMINATIONS BEGINNING VINCENT B. BOGAN, BERGMAN, AND ENDING SCOTT J. WOOLLARD, WHICH 18, 1995. AND ENDING KRISTA E. MURPHY, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER IN THE ARMY CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. 28, 1995. ARMY NOMINATIONS BEGINNING ALVIN D. AARON, AND AIR FORCE NOMINATIONS BEGINNING RUTH T. LIM, ARMY NOMINATIONS BEGINNING DAVID L. ABBOTT, ENDING CRAIG L. ZIMMERMAN, WHICH NOMINATIONS AND ENDING BARRETT F. SCHWARTZ, WHICH NOMINA- AND ENDING X2444, WHICH NOMINATIONS WERE RE- WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED CEIVED BY THE SENATE AND APPEARED IN THE CON- CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. IN THE CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. GRESSIONAL RECORD ON SEPTEMBER 19, 1995. ARMY NOMINATIONS BEGINNING WILLIAM HAYES- AIR FORCE NOMINATIONS BEGINNING JAMES P. AARON, ARMY NOMINATION BEGINNING NELSON L. MICHAEL, REGAN, AND ENDING JAMES M. BAKER, WHICH NOMINA- AND ENDING KAREN C. YAMAGUCHI, WHICH NOMINA- WHICH NOMINATION WAS RECEIVED BY THE SENATE AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED APPEARED IN THE CONGRESSIONAL RECORD ON NOVEM- TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. BER 28, 1995. IN THE CONGRESSIONAL RECORD ON DECEMBER 18, 1995. AIR FORCE NOMINATIONS BEGINNING CARLOS L. ARMY NOMINATIONS BEGINNING ROBERT L. ACKLEY, ARMY NOMINATIONS BEGINNING MICHAEL C. APPE, ACEVEDO, AND ENDING BRIAN D. ZULLO, WHICH NOMINA- AND ENDING DANIEL V. WRIGHT, WHICH NOMINATIONS AND ENDING JANET M. HARRINGTON, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. CONGRESSIONAL RECORD ON NOVEMBER 28, 1995. IN THE CONGRESSIONAL RECORD ON DECEMBER 18, 1995.

VerDate Aug 31 2005 04:25 Jun 20, 2008 Jkt 041999 PO 00000 Frm 00151 Fmt 4624 Sfmt 9801 J:\ODA16\1996_F~1\S26JA6.REC S26JA6 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS January 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 107 EXTENSIONS OF REMARKS

PRINCIPLES OF CITIZENSHIP Alf helped start the McCreary County Indus- gressional Black Caucus, Hispanic Caucus, trial Development Corp. where his leadership and other Members of Congress will join HON. PETER BLUTE was instrumental in the creation of thousands forces with the National Black Nurses Associa- OF MASSACHUSETTS of jobs. tion to promote this agenda. IN THE HOUSE OF REPRESENTATIVES He was a founding member of the McCreary I am proud to note that the Black Nurses County Chamber of Commerce, helped ren- Association's Capitol Hill event coincides with Friday, January 26, 1996 ovate and restore the Stearns historic commu- the 1996 observance of Black History Month. Mr. BLUTE. Mr. Speaker, I recently met with nity, worked as chairman to the local housing If we look back, we can trace the history of Af- members of the Air Force Junior ROTC at authority and was a founding member and rican-Americans in nursing to a great woman, Burncoat High School in Worcester, MA. This past president of the Pine Knot Kiwanis Club. Sojourner Truth, who ministered to wounded program has been very successful in combin- His list continues on an on, all to help the black veterans of the Civil War in 1864. In ing academics with the discipline of military people of McCreary County. We will long re- 1870, Susan Smith-Seward became the first training. Students from AFJROTC have been member Alfred Kidd because he cared about black woman to receive a medical degree. its best testimonial, as it continues to produce all of us. She received her degree from the New York upstanding young adults. This past month, ca- My heart goes out to Alf's wonderful family. Medical College for Women. History records dets from this program celebrated citizenship His long legacy and excellent record of service further that in 1879, Mary Mahoney became month, for which they compiled a list of prin- will stand as a tribute to his life. the first black woman to receive a diploma in ciples of good citizenship. I list these prin- Alf was a great friend and a good man, and nursing. She graduated from the New England ciples here in order to honor the hard work of he will be sorely missed. Hospital for Women and Children School of these promising youths: f Nursing. GOOD CITIZENS Mr. Speaker, during Black History Month, 1. Are honest, patriotic, caring, and out- A SALUTE TO THE NATIONAL and on the occasion of their Capitol Hill visit, going. BLACK NURSES ASSOCIATION we salute the members of the National Black 2. Respect the rights, property and privi- Nurses Association. We applaud their dedica- leges of others. HON. LOUIS STOKES tion and strong leadership on the important is- 3. Protect the environment by planting trees, OF OHIO sues facing the health care industry and the recycling, and keeping their country clean. IN THE HOUSE OF REPRESENTATIVES Nation. 4. Become productive by education and by f staying in good health and drug free. Friday, January 26, 1996 5. Work to provide for their families, pay Mr. STOKES. Mr. Speaker, I am proud to RULING REGARDING THE GREAT their taxes and help others in need. rise today to salute members of the National PLAINS COAL GASIFICATION 6. Are open-minded, respect all others and Black Nurses Association. The association is PLANT try to understand ideas that are different. the Nation's largest African-American health 7. Know their history, register and vote and organization, representing more than 130,000 HON. EARL POMEROY obey the law or try to change it. nurses in the United States and throughout 8. Serve others by running for office, doing OF NORTH DAKOTA the world. On February 1, 1996, members of IN THE HOUSE OF REPRESENTATIVES community service, or joining the military. the Black Nurses Association will convene on 9. Show a determination to succeed by set- Capitol Hill for its eighth annual National Black Friday, January 26, 1996 ting and reaching their goals. Nurses Day. Nurses from around the country Mr. POMEROY. Mr. Speaker, I rise today to 10. Are modest, have a positive attitude and will travel to Capitol Hill to discuss issues that discuss a very troubling ruling regarding our try to be a good role model for others. impact nurses, women, children, the elderly, Nation's only commercial-size synthetic natural f and health care in general. The theme for the gas plant, the Great Plains Coal Gasification HONORING A MCCREARY COUNTY daylong event is, ``Strengthening Our Link- Plant. This project's importance to North Da- LEADER ages: A Strategy for Protecting Children, Fam- kota and the Nation demand the attention of ilies and the Elderly.'' I take pride in saluting this body and the commissioners at FERC. HON. HAROLD ROGERS the National Black Nurses Association as the Make no mistake, if this decision is ap- organization prepares to meet this important proved by FERC, Great Plains will close and OF KENTUCKY challenge. the impact will be far reaching. The plant di- IN THE HOUSE OF REPRESENTATIVES The National Black Nurses Association was rectly employs 640 people and is associated Friday, January 26, 1996 founded in Cleveland, OH, in 1971. For the with nearly 7,000 other jobs. Twenty percent Mr. ROGERS. Mr. Speaker, I rise to honor past 25 years, the organization has played a less lignite would be mined in North Dakota my good friend Alfred ``Alf'' Kidd who recently pivotal role in advocating the health care and Federal and State governments would passed away at the age of 81. My family and needs of minority populations, children, the lose $17.5 million in tax revenue. The total im- thousands of others throughout McCreary poor, and seniors. The Black Nurses Associa- pact of this project on North Dakota is $490 County and southern Kentucky are deeply tion has also waged the fight to secure in- million annually. saddened by this tragic loss. creased funding for health research and devel- In late December, an administrative law Our area has lost a top-notch businessman, opment, health profession education, and pub- judge struck down the settlements reached by an inspiring civic and community volunteer, a lic health service. Great Plains, three pipeline companies, and political leader, and a good friend. He helped Mr. Speaker, when members of the Black the Department of Energy. By doing so, this everyone he could and always was willing to Nurses Association travel to Capitol Hill on judge has single-handedly put the future of the sacrifice his time for others. February 1, 1996, they will be armed with an Great Plains Synfuels Plant in jeopardy. Alf's many accomplishments and activities agenda which many of us in this Chamber The importance of this project to North Da- showed his outstanding commitment to the support. The organization stands united kota cannot be overstated, but Great Plains betterment of McCreary County. against cuts in the Medicare and Medicaid also has relevance to each Member of this He helped start the McCreary County Eco- Program, and reductions in Federal funding for body and their constituents. For starters, the nomic Development Council to improve our nursing education. The Black Nurses Associa- Department of energy shares profits derived businesses, as well as helping us to hire an tion is also concerned that our Nation rededi- from the plant. What's more, the eight-state economic development director. That led to cate itself to meeting the health care needs of region served by the Plant would be hit by McCreary's designation as a `'Federal Enter- our children, the poor, and other disadvan- rate increases totalling nearly $30 million an- prise Community.'' taged communities. My colleagues in the Con- nually, or 10 percent above current costs.

∑ 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 108 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1996 In addition, there are new technologies ben- VETO OVERRIDE ON THE TRIBUTE TO THE SOUTH BRONX efiting all Americans developed at Great INTERIOR APPROPRIATIONS BILL MENTAL HEALTH COUNCIL, INC., Plains on a regular basis. Among the most re- FIFTH PATIENT RECOGNITION cent are the production of the rare gases kryp- DAY HON. CHET EDWARDS ton and xenon, and using synthetic gas to ´ produce anhydrous ammonia and ammonium OF TEXAS HON. JOSE E. SERRANO sulfate, two commercial fertilizers. OF NEW YORK IN THE HOUSE OF REPRESENTATIVES I am hopeful that the commissioners at IN THE HOUSE OF REPRESENTATIVES FERC will see this ruling for what it isÐan ad- Friday, January 26, 1996 Friday, January 26, 1996 ministrative law judge run amok, believing he Mr. EDWARDS. Mr. Speaker, on July 18, Mr. SERRANO. Mr. Speaker, I rise to pay knows more than the agency, industry, and 1995, I voted for the fiscal year 1996 Interior tribute to the South Bronx Mental Health consumers working with this project on a daily Council, Inc., which today will celebrate its fifth basis. If this ruling were to stand, Great Plains appropriations bill. While I did not agree with everything in the bill, I strongly supported the Patient Recognition Day. would likely have to shut its doors forever. Since 1968, the South Bronx Mental Health reforms that were included on the Endangered This is simply not right. It is time the absurdity Council, previously named the Lincoln Com- Species Act. Specifically, the bill prohibited the of this decision was brought to full attention of munity Mental Health Center, has provided this body and the American people. listing of new endangered species until the treatment and mental health services to mem- Endangered Species Act is reauthorized. Also, What we have here is sophisticated parties bers of our community. the bill prohibited the use of funds to des- entering into contracts and making invest- A community-based organization, the coun- ignate critical habitat for listed species. As a ments based upon those contracts. Then cil offers counseling and mental health treat- along comes an administrative law judge who defender of private property rights, I also sup- ment for individuals of all age groups, includ- retroactively nullifies the express agreements ported the provision that defunded the Na- ing children, as well as satellite programs at local schools and community support pro- and imposes his judgement. In the process, tional Biological Survey. grams. he single-handedly destroys the viability of the When the House considered the conference On this special occasion, council personnel entire project. report on this bill in December, again I sup- and patients will be joined by family and I would like to outline the most disturbing ported the bill because of these important pro- friends to recognize the achievements made aspects of this ruling, if it were accepted by visions. That measure passed the House on by patients during the past year. With the sup- FERC. December 13, 1995 by a vote of 244±181. port of the council's dedicated personnel, It requires the plant to sell the product to the Unfortunately, President Clinton vetoed the many of these patients have made special ef- pipelines at well-below the cost of producing Interior appropriations bill. I was disappointed forts to overcome their challenges and accom- the gas. The judge's ruling would set the pur- that these important provisions were not plished specific goals. Mr. Speaker, I ask my colleagues to join me chase price at almost $1 per dekatherm below signed into law. in saluting our friends at the South Bronx the cost of production and resulting in a loss When the House voted to overrride the veto Mental Health Council and in recognizing their of $55 million in 1995. This is totally unaccept- in January 1996, I fully intended to continue outstanding achievements on their fifth Patient able. my support for the bill by voting to override Recognition Day. The ruling would also require the pipeline that veto. However, when I checked the CON- f companies to retroactively refund customers to GRESSIONAL RECORD, I realized that I had mis- the tune of $280 million. This cost would no takenly voted to sustain the veto. This vote INTRODUCTION OF LEGISLATION doubt be passed on to the plant itself, further was in error. I want to make it clear for the jeopardizing Great Plains' ability to meet its record that I support this legislation and I in- HON. THOMAS J. BLILEY, JR. bottom line. tended to vote to override the President's OF VIRGINIA Amazingly, the judge provided more relief veto. IN THE HOUSE OF REPRESENTATIVES than was even sought by the consumers. The I have consistently been in favor of making Friday, January 26, 1996 judge strayed far from the matters at hand into changes in the current Endangered Species Mr. BLILEY. Mr. Speaker, I would like to in- issues of production capacity at the plant. He Act [ESA]. I am a cosponsor of H.R. 2275, a sert for the RECORD the text of flow control ruled that the pipeline companies would no bill supported by the Texas Farm Bureau that legislation which may be brought up on the longer have to receive what is produced at the would make commonsense changes to the ex- Suspension Calendar on Tuesday, January plantÐaround 160 million barrels per day. isting law. 30. Rather, they would only have to receive what SECTION. 1. CONGRESSIONAL AUTHORIZATION In 1994, when central Texas was under fire was expected to be produced at the plantÐ OF STATE AND LOCAL MUNICIPAL from the U.S. Fish and Wildlife Service over SOLID WASTE FLOW CONTROL. 131 million barrels per day. designating critical habitat for the golden (a) AMENDMENT OF SUBTITLE D.—Subtitle D If FERC were to approve the ruling, it would cheeked warbler, I was a leader in forcing the of the Solid Waste Disposal Act is amended completely set-aside FERC's own Opinion 119 by adding after section 4011 the following Service to abandon the plan. I believe that this new section: agreement between Great Plains and the four situation demonstrates the weaknesses of the pipeline purchasers which allowed the project ‘‘SEC. 4011. CONGRESSIONAL AUTHORIZATION OF ESA, and shows how desperately reform is STATE AND LOCAL GOVERNMENT to go forward in the first place. Opinion 119 needed. CONTROL OVER MOVEMENT OF MU- was the basis for further negotiations enabling NICIPAL SOLID WASTE AND RECY- Great Plains to be sold to the Dakota Gasifi- I have also been a vocal critic of the Na- CLABLE MATERIALS. cation Co., a subsidiary of Basin Electric, with tional Biological Survey. On June 22, 1994, I ‘‘(a) FLOW CONTROL AUTHORITY FOR FACILI- TIES DESIGNATED AS OF MAY 16, 1994.—Any a profit-sharing arrangement with the Depart- voted in favor of the Allard amendment to the Interior appropriations bill. This amendment, State or political subdivision thereof is au- ment of Energy. To abandon Opinion 119 at thorized to exercise flow control authority this time would be a disservice to all parties which would have eliminated all funds for the to direct the movement of municipal solid involvedÐespecially when you consider that it National Biological Survey, did not pass. This waste, and recyclable materials voluntarily was the consumer representatives themselves year opponents of the NBS like me were relinquished by the owner or generator thereof, to particular waste management fa- that drafted the pricing formula of these gas pleased to see that this program was targeted for elimination. While I appreciate the recent cilities, or facilities for recyclable materials, purchase agreements. designated as of May 16, 1994, if each of the reforms in this program, I am still not con- This issue will be decided by FERC in the following conditions are met: near future. I urge each Member of that body vinced it is a prudent use of taxpayers' money. ‘‘(1) The waste and recyclable materials When the issues regarding private property are generated within the jurisdictional to give this matter their most careful attention. boundaries of such State or political subdivi- Their decision will have ramifications on the rights come up for votes in 1996, I will vote to sion, determined as of May 16, 1994. Department of Energy, my State of North Da- protect those rights as I have consistently ‘‘(2) Such flow control authority is imposed kota, and the energy future of this Nation. done in years past. through the adoption or execution of a law, January 26, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E 109 ordinance, regulation, resolution, or other bond or contract in effect on May 16, 1994. In designated facilities that are identified by legally binding provision or legally binding the case of a contract described in subsection the same eligible bond. official act of the State or political subdivi- (a)(3)(B) that has no specified expiration ‘‘(5) To the extent not covered by para- sion that— date, for purposes of paragraph (2) the expi- graphs (1) through (4), expenses for recycling, ‘‘(A) was in effect on May 16, 1994, ration date shall be treated as the first date composting, and household hazardous waste ‘‘(B) was in effect prior to the issuance of that the State or political subdivision that is activities in which the State or political sub- an injunction or other order by a court based a party to the contract can withdraw from division was engaged before May 16, 1994, and on a ruling that such law, ordinance, regula- its responsibilities under the contract with- for which the State or political subdivision, tion, resolution, or other legally binding pro- out being in default thereunder and without after periodic evaluation, beginning no later vision or official act violated the Commerce substantial penalty or other substantial than one year after the enactment of this Clause of the United States Constitution, or legal sanction. section, finds that there is no comparable ‘‘(C) was in effect immediately prior to ‘‘(d) MANDATORY OPT-OUT FOR GENERATORS qualified private sector service provider suspension thereof by legislative or official AND TRANSPORTERS.—Notwithstanding any available. Such periodic evaluation shall be administrative action of the State or politi- other provision of this section, no State or based on public notice and open competition. cal subdivision expressly because of the ex- political subdivision may require any gener- The amount and nature of payments de- istence of a court order of the type described ator or transporter of municipal solid waste scribed in this paragraph shall be fully dis- in subparagraph (B) issued by a court of the or recyclable materials to transport such closed to the public annually. same State or Federal judicial circuit. waste or materials, or deliver such waste or ‘‘(h) INTERIM CONTRACTS.—A lawful, legally ‘‘(3) The State or a political subdivision materials for transportation, to a facility binding contract under State law that was thereof has, for one or more of such des- that is listed on the National Priorities List entered into during the period— ignated facilities, in accordance with para- established under the Comprehensive Envi- ‘‘(1) before November 10, 1995, and after the graph (2), on or before May 16, 1994, either— ronmental Response, Compensation, and Li- effective date of any applicable final court ‘‘(A) presented eligible bonds for sale, or ability Act of 1980 unless such State or polit- order no longer subject to judicial review ‘‘(B) executed a legally binding contract or ical subdivision or the owner or operator of specifically invalidating the flow control au- agreement that obligates it to deliver a min- such facility has adequately indemnified the thority of such State or political subdivi- imum quantity of waste or recyclable mate- generator or transporter against all liability sion, or rials to one or more such designated waste under that Act with respect to such waste or ‘‘(2) after such State or political subdivi- management facilities or facilities for recy- materials. sion refrained pursuant to legislative or offi- clable materials and that obligates it to pay ‘‘(e) EFFECT ON EXISTING LAWS.— cial administrative action from enforcing for that minimum quantity of waste or recy- ‘‘(1) ENVIRONMENTAL LAWS.—Nothing in flow control authority and before the effec- clable materials even if the stated minimum this section shall be interpreted or construed tive date on which it resumes enforcement of quantity of such waste or recyclable mate- to have any effect on any other law relating flow control authority after enactment of rials is not delivered within a required time- to the protection of human health and the this section, environment, or the management of munici- frame. shall be fully enforceable in accordance with ‘‘(b) WASTE STREAM SUBJECT TO FLOW CON- pal solid waste or recyclable materials. State law. TROL.—The flow control authority of sub- ‘‘(2) STATE LAW.—Nothing in this section ‘‘(i) CONTROL OF WASTE MOVEMENT TO CER- section (a) shall only permit the exercise of shall be interpreted to authorize a political TAIN PERMITTED FACILITIES.—No State may subdivision to exercise the flow control au- flow control authority to any designated fa- exercise any authority that is granted by cility of the specific classes or categories of thority granted by this section in a manner Congress after the date of enactment of this municipal solid waste and voluntarily relin- inconsistent with State law. section to control the interstate movement quished recyclable materials to which flow ‘‘(3) OWNERSHIP OF RECYCLABLE MATE- of solid waste in a manner that prohibits or control authority was applicable on May 16, RIALS.—Nothing in this section shall author- limits the receipt of out-of-State municipal 1994, or immediately before the effective date ize any State or political subdivision to re- solid waste at any waste management facil- of an injunction or court order referred to in quire any generator or owner of recyclable ity that meets both of the following condi- subsection (a)(2)(B) or an action referred to materials to transfer any recyclable mate- tions: in subsection (a)(2)(C) and— rials to such State or political subdivision, ‘‘(1) The facility has been granted a permit ‘‘(1) in the case of any designated waste nor shall prohibit any persons from selling, under State law to receive municipal solid management facility or facility for recycla- purchasing, accepting, conveying, or trans- waste for combustion or disposal. ble materials that was in operation as of porting any recyclable materials, unless the ‘‘(2) The State or its political subdivision May 16, 1994, only if the facility concerned generator or owner voluntarily makes such within which the facility is located has exer- received municipal solid waste or recyclable recyclable materials available to the State cised any flow control authority provided materials in those classes or categories with- or political subdivision and relinquishes any under this section to prohibit or limit the re- in 2 years prior to May 16, 1994, or the effec- rights to, or ownership of, such recyclable ceipt by the facility of municipal solid waste tive date of such injunction or other court materials. that is generated within the State or its po- order or action, ‘‘(f) FACILITIES NOT QUALIFIED FOR FLOW litical subdivision. ‘‘(2) in the case of any designated waste CONTROL.—No flow control authority may be management facility or facility for recycla- exercised under the provisions of this section Nothing in this subsection is intended to ble materials that was not yet in operation to direct solid waste or recyclable materials have any effect on the exercise of flow con- as of May 16, 1994, only of the classes or cat- to any facility pursuant to an ordinance if— trol authority granted by this section except egories that were clearly identified by the ‘‘(1) the ordinance was determined to be to the extent that such exercise is inconsist- State or political subdivision as of May 16, unconstitutional by a State or Federal court ent with State law. 1994, to be flow controlled to such facility, in October of 1994; ‘‘(j) AREAS WITH PRE-1984 FLOW CONTROL.— and ‘‘(2) the facility is located over a sole ‘‘(1) GENERAL AUTHORITY.—A State that on ‘‘(3) only to the extent of the maximum source aquifer, within 5 miles of a public or before January 1, 1984— volume authorized by State permit to be dis- beach, and within 25 miles of a city with a ‘‘(A) adopted regulations under a State law posed at the waste management facility or population of more than 5,000,000; and that required or directed transportation, processed at the facility for recyclable mate- ‘‘(3) the facility is not fully permitted and management, or disposal of municipal solid rials. operating in complete official compliance waste from residential, commercial, institu- tional, or industrial sources (as defined If specific classes or categories of municipal with all Federal, State, and local environ- under State law) to specifically identified solid waste or recyclable materials were not mental regulations. clearly identified, paragraph (2) shall apply ‘‘(g) LIMITATION ON REVENUE.—A State or waste management facilities, and applied only to municipal solid waste generated by qualified political subdivision may exercise those regulations to every political subdivi- households, including single family resi- the flow control authority granted in this sion of the State, and dences and multi-family residences of up to section only if the State or qualified politi- ‘‘(B) subjected such waste management fa- 4 units. cal subdivision limits the use of any of the cilities to the jurisdiction of a State public ‘‘(c) DURATION OF FLOW CONTROL AUTHOR- revenues it derives from the exercise of such utilities commission, ITY.—Flow control authority may be exer- authority for the payment of one or more of may exercise flow control authority over cised pursuant to this section to any facility the following: municipal solid waste in accordance with the or facilities only until the later of the fol- ‘‘(1) Principal and interest on any eligible other provisions of this section and may ex- lowing: bond. ercise the additional flow control authority ‘‘(1) The expiration date of the bond re- ‘‘(2) Principal and interest on a bond issued described in paragraph (2). ferred to in subsection (a)(3)(A). for a qualified environmental retrofit. ‘‘(2) ADDITIONAL FLOW CONTROL AUTHOR- ‘‘(2) The expiration date of the contract or ‘‘(3) Payments required by the terms of a ITY.—A State that meets the requirements of agreement referred to in subsection (a)(3)(B). contract referred to in subsection (a)(3)(B). paragraph (1) and any political subdivision ‘‘(3) The adjusted expiration date of a bond ‘‘(4) Other expenses necessary for the oper- thereof may exercise flow control authority issued for a qualified environmental retrofit. ation and maintenance of designated facili- over all classes and categories of municipal Such expiration dates shall be determined ties and other integral facilities necessary solid waste that were subject to flow control based upon the terms and provisions of the for the operation and maintenance of such by such State or political subdivision thereof E 110 CONGRESSIONAL RECORD — Extensions of Remarks January 26, 1996 on May 16, 1994, by directing it from any ex- maturity date of such bond or 15 years after metal and glass, including residue remaining isting waste management facility that was the date of issuance of such bonds. after recyclable materials have been sepa- designated as of May 16, 1994, or any pro- ‘‘(2) BOND ISSUED FOR A QUALIFIED ENVIRON- rated from waste destined for disposal, and posed waste management facility in the MENTAL RETROFIT.—The term ‘bond issued for including waste material removed from a State to any other such existing or proposed a qualified environmental retrofit’ means a septic tank, septage pit, or cesspool (other waste management facility in the State revenue or general obligation bond, the pro- than from portable toilets), except that the without regard to whether the political sub- ceeds of which are dedicated to financing the term does not include any of the following: division within which the municipal solid retrofitting of a resource recovery facility or ‘‘(A) Any waste identified or listed as a waste is generated had designated the par- a municipal solid waste incinerator nec- hazardous waste under section 3001 of this ticular waste management facility or had is- essary to comply with section 129 of the Act or waste regulated under the Toxic Sub- sued a bond or entered into a contract re- Clean Air Act, and exclusively used for such stances Control Act. ferred to in subsection (a)(3)(A) or (B), re- purposes, provided that such bond is pre- ‘‘(B) Any waste, including contaminated spectively. sented for sale before the expiration date of soil and debris, resulting from— ‘‘(3) DEFINITION.—For purposes of this sub- the bond or contract referred to in sub- ‘‘(i) response or remedial action taken section, the term ‘proposed waste manage- section (a)(3)(A) and (B) respectively that is under the Comprehensive Environmental Re- ment facility’ means a waste management applicable to such facility and no later than sponse, Compensation, and Liability Act of facility that was specifically identified in a December 31, 1999. 1980, waste management plan prior to May 16, ‘‘(3) DESIGNATE; DESIGNATION.—The terms ‘‘(ii) any corrective action taken under ‘designate’, ‘designated’, ‘designating’, and 1994, and for the construction of which— this Act, or ‘designation’ mean a requirement of a State ‘‘(A) revenue bonds were issued and out- ‘‘(iii) any corrective action taken under or political subdivision, and the act of a standing as of May 16, 1994, any comparable State statute. State or political subdivision, individually ‘‘(B) additional financing with revenue ‘‘(C) Construction and demolition debris. or collectively, to require that all or any bonds was required as of the date of enact- ‘‘(D) Medical waste listed in section 11002 portion of the municipal solid waste or recy- ment of this section to complete construc- of this Act. tion, and clable materials that is generated within the boundaries of the State or any political sub- ‘‘(E) Industrial waste generated by manu- ‘‘(C) a permit had been issued prior to De- facturing or industrial processes, including cember 31, 1994. division be delivered to one or more waste management facilities or facilities for recy- waste generated during scrap processing and ‘‘(4) LIMITATION OF AUTHORITY.—The addi- scrap recycling. tional flow control authority granted by clable materials identified by the State or a political subdivision thereof. The term ‘des- ‘‘(F) Recyclable materials. paragraph (2) may be exercised to— ‘‘(G) Sludge. ‘‘(A) any facility described in paragraph (2) ignation’ includes bond covenants, official ‘‘(7) POLITICAL SUBDIVISION.—The term ‘po- for up to 5 years after the date of enactment statements, or other official financing docu- ments issued by a political subdivision issu- litical subdivision’ means a city, town, bor- of this section, and ough, county, parish, district, or public serv- ‘‘(B) after 5 years after enactment of this ing an eligible bond in which it identified a specific waste management facility as being ice authority or other public body created by section, only to those facilities and only or pursuant to State law with authority to with respect to the classes, categories, and the subject of such bond and the requisite fa- cility for receipt of municipal solid waste or present for sale an eligible bond or to exer- geographic origin of waste directed to such recyclable materials generated within the cise flow control authority. facilities specifically identified by the State jurisdictional boundaries of that political ‘‘(8) RECYCLE AND RECYCLING.—The terms in a public notice issued within 5 years after subdivision. ‘recycle’ and ‘recycling’ mean— enactment of this section. ‘‘(4) ELIGIBLE BOND.—The term ‘eligible ‘‘(A) any process which produces any mate- ‘‘(5) DURATION OF AUTHORITY.—The author- bond’ means— rial defined as ‘recycled’ under section 1004; ity to direct municipal solid waste to any fa- ‘‘(A) a revenue bond specifically to finance and cility pursuant to this subsection shall ter- one or more designated waste management ‘‘(B) any process by which materials are di- minate with regard to such facility in ac- facilities, facilities for recyclable materials, verted, separated from, or separately man- cordance with subsection (c). or specifically and directly related assets, ‘‘(k) SAVINGS CLAUSE.—Nothing in this sec- aged from materials otherwise destined for development or finance costs, as evidenced tion is intended to have any effect on the au- disposal as solid waste, by collecting, sort- thority of any State or political subdivision by the bond documents; or ing, or processing for use as raw materials or to franchise, license, or contract for munici- ‘‘(B) a general obligation bond, the pro- feedstocks in lieu of, or in addition to, virgin pal solid waste collection, processing, or dis- ceeds of which were used solely to finance materials, including petroleum, in the manu- posal. one or more designated waste management facture of usable materials or products. ‘‘(l) APPLICATION OF FLOW CONTROL AU- facilities, facilities for recyclable materials, ‘‘(9) RECYCLABLE MATERIALS.—The term THORITY.—The flow control authority grant- or specifically and directly related assets, ‘recyclable materials’ means any materials ed by this section shall be exercised in a development or finance costs, as evidenced that have been separated from waste other- manner that ensures that it is applied to the by the bond documents. wise destined for disposal (either at the public sector if it is applied to the private ‘‘(5) FLOW CONTROL AUTHORITY.—The term source of the waste or at processing facili- sector. ‘flow control authority’ means the authority ties) or that have been managed separately ‘‘(m) PROMOTION OF RECYCLING.—The Con- to control the movement of municipal solid from waste destined for disposal, for the pur- gress finds that, in order to promote recy- waste or voluntarily relinquished recyclable pose of recycling, reclamation, composting cling, anyone engaged in recycling activities materials and direct such solid waste or vol- of organic materials such as food and yard should strive to meet applicable standards untarily relinquished recyclable materials to waste, or reuse (other than for the purpose of for the reuse of recyclable materials. one or more designated waste management incineration). Such term includes scrap tires ‘‘(n) EFFECTIVE DATE.—The provisions of facilities or facilities for recyclable mate- to be used in resource recovery. rials within the boundaries of a State or this section shall take effect with respect to ‘‘(10) WASTE MANAGEMENT FACILITY.—The the exercise by any State or political sub- within the boundaries of a political subdivi- term ‘waste management facility’ means any division of flow control authority on or after sion of a State, as in effect on May 16, 1994. facility for separating, storing, transferring, ‘‘(6) MUNICIPAL SOLID WASTE.—The term the date of enactment of this section, and treating, processing, combusting, or dispos- ‘municipal solid waste’ means any solid such provisions shall also apply to the exer- ing of municipal solid waste.’’. cise by any State or political subdivision of waste generated by the general public or by flow control authority before such date of households, including single residences and (b) TABLE OF CONTENTS.—The table of con- enactment unless the exercise of such au- multifamily residences, and from commer- tents for subtitle D of the Solid Waste Dis- thority has been declared unconstitutional cial, institutional, and industrial sources, to posal Act is amended by adding the following by a final judicial decision that is no longer the extent such waste is essentially the same new item after the item relating to section subject to judicial review. as waste normally generated by households 4011: ‘‘(o) DEFINITIONS.—For the purposes of this or was collected and disposed of with other section— municipal solid waste as part of normal mu- ‘‘Sec. 4011. Congressional authorization of ‘‘(1) ADJUSTED EXPIRATION DATE.—The term nicipal solid waste collection services, con- State and local government ‘adjusted expiration date’ means, with re- sisting of paper, wood, yard waste, plastics, control over movement of mu- spect to a bond issued for a qualified envi- leather, rubber, and other combustible mate- nicipal solid waste and recycla- ronmental retrofit, the earlier of the final rials and noncombustible materials such as ble materials.’’. Friday, January 26, 1996 Daily Digest

HIGHLIGHTS Senate agreed to DOD Authorizations Conference Report and START II Treaty, and passed Balanced Budget Downpayment Act. Senate S. 739, to authorize the Secretary of Transpor- Chamber Action tation to issue a certificate of documentation with Routine Proceedings, pages S391–S541 appropriate endorsement for employment in the Measures Introduced: Sixteen bills and five resolu- coastwise trade for the vessel SISU. (S. Rept. No. tions were introduced, as follows: S. 1529–1544, S.J. 104–212) S. 763, to authorize the Secretary of Transpor- Res. 48, and S. Res. 213–216. Page S492 tation to issue a certificate of documentation and Measures Reported: Reports were made as follows: coastwise trade endorsement for the vessel S. 1406, to authorize the Secretary of the Army EVENING STAR. (S. Rept. No. 104–213) to convey to the city of Eufaula, Oklahoma, a parcel S. 802, to authorize the Secretary of Transpor- of land located at the Eufaula Lake project. (S. Rept. tation to issue a certificate of documentation and No. 104–205) coastwise trade endorsement for the vessel ROYAL S. 583, to authorize the Secretary of Transpor- AFFAIRE. (S. Rept. No. 104–214) tation to issue a certificate of documentation and S. 808, to extend the deadline for the conversion coastwise trade endorsement for two vessels. (S. of the vessel M/V TWIN DRILL. (S. Rept. No. Rept. No. 104–206) 104–215) S. 653, to authorize the Secretary of Transpor- S. 826, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation with appropriate endorsement for employment in the appropriate endorsement for employment in the coastwise trade for the vessel AURA. (S. Rept. No. coastwise trade for the vessel PRIME TIME. (S. 104–207) Rept. No. 104–216) S. 654, to authorize the Secretary of Transpor- S. 869, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation with appropriate endorsement for employment in the appropriate endorsement for employment in the coastwise trade for the vessel SUNRISE. (S. Rept. coastwise trade for the vessel DRAGONESSA. (S. Rept. No. 104–217) No. 104–208) S. 889, to authorize the Secretary of Transpor- S. 655, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation with appropriate endorsement for employment in the appropriate endorsement for employment in the coastwise trade for the vessel WOLF GANG II, and coastwise trade for the vessel MARANTHA. (S. for other purposes. (S. Rept. No. 104–218) Rept. No. 104–209) S. 911, to authorize the Secretary of Transpor- S. 656, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation with appropriate endorsement for employment in the appropriate endorsement for employment in the coastwise trade of the United States for the vessel coastwise trade for the vessel QUIETLY. (S. Rept. SEA MISTRESS. (S. Rept. No. 104- 219) No. 104–210) S. 975, to authorize the Secretary of Transpor- S. 680, to authorize the Secretary of Transpor- tation to issue a certificate of documentation with tation to issue a certificate of documentation and appropriate endorsement for employment in the coastwise trade endorsement for the vessel YES coastwise trade for the vessel JAJO. (S. Rept. No. DEAR. (S. Rept. No. 104–211) 104–220) D 39 D 40 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1996 S. 1016, to authorize the Secretary of Transpor- 45 nays (Vote No. 2), Senate tabled the amend- tation to issue a certificate of documentation with ment.) Pages S418±24 the appropriate endorsement for employment in the During consideration of this measure today, Senate coastwise trade for the vessel MAGIC CARPET. (S. took the following action: Rept. No. 104–221) By 51 yeas to 40 nays (Vote No. 1), three-fifths S. 1017, to authorize the Secretary of Transpor- of those Senators duly chosen and sworn not having tation to issue a certificate of documentation with voted in the affirmative, Senate rejected a motion to the appropriate endorsement for employment in the waive the Congressional Budget Act with respect to coastwise trade for the vessel CHRISSY. (S. Rept. consideration of Kennedy Amendment No. 3119, to No. 104–222) maintain funding for education programs. Subse- S. 1040, to authorize the Secretary of Transpor- quently, a point of order that the amendment was tation to issue a certificate of documentation with in violation of section 311 of the Congressional appropriate endorsement for employment in the Budget Act was sustained, and the amendment was coastwise trade for the vessel ONRUST. (S. Rept. ruled out of order. Pages S403±16 No. 104–223) By 45 yeas to 45 nays (Vote No. 3), three-fifths S. 1041, to authorize the Secretary of Transpor- of those Senators duly chosen and sworn not having tation to issue a certificate of documentation with voted in the affirmative, Senate rejected a motion to appropriate endorsement for employment in the waive the Congressional Budget Act with respect to coastwise trade for the vessel EXPLORER (S. Rept. consideration of Harkin Amendment No. 3122, to No. 104–224) provide for additional funding to the Office of the S. 1046, to authorize the Secretary of Transpor- Inspector General of the Department of Health and tation to issue certificates of documentation with ap- Human Services. Subsequently, a point of order that propriate endorsements for employment in the coast- the amendment was in violation of section 311 of wise trade of the United States for fourteen former the Congressional Budget Act was sustained, and the U.S. Army hovercraft. (S. Rept. No. 104–225) amendment was ruled out of order. Pages S439±44 S. 1047, to authorize the Secretary of Transpor- tation to issue certificates of documentation and Treatment of Impact Aid Payments: Senate coastwise trade endorsements for the vessels EN- passed S. 1543, to clarify the treatment of Nebraska CHANTED ISLES and ENCHANTED SEAS. (S. impact aid payments. Page S530 Rept. No. 104–226) Technical Corrections: Senate passed H.R. 2726, S. 814, to provide for the reorganization of the to make certain technical corrections in laws relating Bureau of Indian Affairs, with an amendment in the to Native Americans, clearing the measure for the nature of a substitute. (S. Rept. No. 104–227). President. Pages S530±31 Page S491 Francis J. Hagel Building: Committee on Envi- Measures Passed: ronment and Public Works was discharged from fur- Commending Senator Nunn: Senate agreed to S. ther consideration of H.R. 2111, to designate the Res. 213, commending Senator Sam Nunn for cast- Social Security Administration’s Wester Program ing 10,000 votes. Pages S416±18 Service Center located at 1221 Nevin Avenue, Rich- mond, California, as the ‘‘Francis J. Hagel Build- Perishable Agricultural Products: Committee on ing’’, and the bill was then passed, clearing the Finance was discharged from further consideration of measure for the President. Page S531 S. 1463, to amend the Trade Act of 1974 to clarify the definitions of domestic industry and like articles Property Conveyance: Senate passed S. 1544, to in certain investigations involving perishable agricul- authorize the conveyance of the William Langer tural products, and the bill was then passed. Jewel Bearing Plant to the Job Development Au- Page S538 Pages S441±42 thority of the city of Rolla, North Dakota. Balanced Budget Downpayment: By 82 yeas to Defense Authorizations—Conference Report: By 8 nays (Vote No. 4), Senate passed H.R. 2880, mak- 56 yeas to 34 nays (Vote No. 5), Senate agreed to ing appropriations for fiscal year 1996 to make a the conference report on S. 1124, to authorize appro- downpayment toward a balanced budget, clearing priations for fiscal year 1996 for military activities the measure for the President, after taking action on of the Department of Defense, and to prescribe per- amendments proposed thereto, as follows: sonnel strengths for such fiscal year for the Armed Pages S401±16, S418±46 Forces, clearing the measure for the President. Rejected: Pages S445±61 Moynihan Amendment No. 3120, to provide for Farm Credit System Regulatory Relief Act: Senate an increase in the public debt limit. (By 46 yeas to concurred in the amendment of the House to the January 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 41 amendment of the Senate to H.R. 2029, to amend lic Education Fund for a term of two years (New Po- the Farm Credit Act of 1971 to provide regulatory sition). relief, clearing the measure for the President. Peggy A. Nagae, of Oregon, to be a Member of Pages S531±38 the Board of Directors of the Civil Liberties Public START II Treaty Approved: By 87 yeas to 4 nays Education Fund for a term of three years (New Posi- (Vote No. 6), Senate agreed to the resolution of rati- tion). fication to Treaty Doc. No. 103–1, Treaty with the Dale Minami, of California, to be a Member of Russian Federation on Further Reduction and Limi- the Board of Directors of the Civil Liberties Public tation of Strategic Offensive Arms (The START II Education Fund for a term of three years (New Posi- Treaty), with certain conditions and declarations. tion). Yeiichi Kuwayama, of the District of Columbia, Pages S461±84 to be a Member of the Board of Directors of the Nominations Confirmed: Senate confirmed the fol- Civil Liberties Public Education Fund for a term of lowing nominations: three years (New Position). Alicia Haydock Munnell, of Massachusetts, to be Elsa H. Kudo, of Hawaii, to be a Member of the a Member of the Council of Economic Advisers. Board of Directors of the Civil Liberties Public Edu- Isaac C. Hunt, Jr., of Ohio, to be a Member of cation Fund for a term of two years (New Position). the Securities and Exchange Commission for the Susan Hayase, of California, to be a Member of term expiring June 5, 2000. the Board of Directors of the Civil Liberties Public Arthur L. Money, of California, to be an Assistant Education Fund for a term of three years (New Posi- Secretary of the Air Force. tion). H. Martin Lancaster, of North Carolina, to be an Leo K. Goto, of Colorado, to be a Member of the Assistant Secretary of the Army. Board of Directors of the Civil Liberties Public Edu- Gen. Joseph W. Ralston, USAF, to be Vice Chair- cation Fund for a term of two years (New Position). man of the Joint Chiefs of Staff. Robert F. Drinan, of Massachusetts, to be a Mem- 13 Air Force nominations in the rank of general. ber of the Board of Directors of the Civil Liberties 1 Department of Defense nomination in the rank Public Education Fund for a term of three years of general. (New Position). 3 Navy nominations in the rank of admiral. Gerald M. Shea, of the District of Columbia, to Routine lists in the Air Force, Army. be a Member of the Social Security Advisory Board for a term of four years expiring September 30, 1998 Pages S540±41 (New Position). Nominations Received: Senate received the follow- Harlan Mathews, of Tennessee, to be a Member of ing nominations: the Social Security Advisory Board for a term of six Anabelle Rodriguez-Rodriguez, of Puerto Rico, to years expiring September 30, 2000 (New Position). be United States District Judge for the District of William C. Brooks, of Michigan, to be a Member Puerto Rico. of the Social Security Advisory Board for a term of Dean D. Pregerson, of California, to be United two years expiring September 30, 1996 (New Posi- States District Judge for the Central District of Cali- tion), to which position he was appointed during the fornia. last recess of the Senate. W. Craig Broadwater, of West Virginia, to be Thomas A. Fink, of Alaska, to be a Member of United States District Judge for the Northern Dis- the Federal Retirement Thrift Investment Board for trict of West Virginia. a term expiring October 11, 1999. Peter Benjamin Edelman, of the District of Co- Sarah McCracken Fox, of New York, to be a lumbia, to be an Assistant Secretary of Health and Member of the National Labor Relations Board for Human Services. the term of five years expiring August 27, 2000. Gerald N. Tirozzi, of Connecticut, to be Assistant Page S540 Secretary for Elementary and Secondary Education, Messages From the House: Page S491 Department of Education. Executive Reports of Committees: Pages S491±92 Charles A. Hunnicutt, of Georgia, to be an Assist- ant Secretary of Transportation. Statements on Introduced Bills: Pages S492±S514 Eileen B. Claussen, of the District of Columbia, to Additional Cosponsors: Pages S514±16 be Assistant Secretary of State for Oceans and Inter- Amendments Submitted: Pages S516±21 national Environmental and Scientific Affairs. Don T. Nakanishi, of California, to be a Member Notices of Hearings: Page S521 of the Board of Directors of the Civil Liberties Pub- Additional Statements: Pages S521±29 D 42 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1996 Record Votes: Six record votes were taken today. caster, of North Carolina, to be an Assistant Sec- (Total–6) Pages S416, S424, S444, S446, S461, S484 retary of the Army, Gen. Joseph W. Ralston, USAF, Adjournment: Senate convened at 12 noon, and ad- to be Vice Chairman of the Joint Chiefs of Staff, journed at 8:52 p.m., until 11 a.m., on Tuesday, Adm. Joseph W. Prueher, USN, for reappointment January 30, 1996. (For Senate’s program, see the re- to the grade of Admiral in the United States Navy, marks of the Majority Leader in today’s Record on and 6,469 nominations in the Army, Navy, and Air page S538.) Force. Prior to this action, committee concluded hearings on the nominations of Gen. Joseph W. Ralston and Committee Meetings Adm. Joseph W. Prueher (listed above) after the (Committees not listed did not meet) nominees testified and answered questions in their own behalf. Mr. Ralston was introduced by Senator HUD/EPA VETO IMPACT Frist and Mr. Prueher was introduced by Senator Committee on Appropriations: Subcommittee on VA, Stevens. HUD, and Independent Agencies concluded hearings SUBCOMMITTEE MEMBERSHIP to examine the impact of the President’s veto of the Fiscal Year 1996 Departments of Veterans Affairs Committee on Commerce, Science, and Transportation: and Housing and Urban Development, and Inde- Committee announced the following subcommittee pendent Agencies Appropriations Act on HUD, after assignments: receiving testimony from Henry G. Cisneros, Sec- Subcommittee on Aviation: Senators McCain (Chair- retary of Housing and Urban Development; Richard man), Pressler, Stevens, Gorton, Burns, Lott, Gentry, Richmond, Virginia, on behalf of the Na- Hutchison, Ashcroft, Frist, Ford, Hollings, Exon, tional Association of Housing and Redevelopment Inouye, Bryan, Rockefeller, Breaux, and Dorgan. Officials; Michael Bodaken, National Housing Trust, Subcommittee on Communications: Senators Pressler Washington, D.C.; and Patricia J. Payne, (Chairman), Stevens, McCain, Burns, Gorton, Lott, Crownsville, Maryland, on behalf of the National Ashcroft, Hutchison, Hollings, Inouye, Ford, Exon, Council of State Housing Agencies. Kerry, Breaux, and Rockefeller. Also, committee concluded hearings to examine Subcommittee on Consumer Affairs, Foreign Commerce the impact of the President’s veto on the Environ- and Tourism: Senators Gorton (Chairman), McCain, mental Protection Agency, after receiving testimony Snowe, Ashcroft, Frist, Exon, Ford, Bryan, and from Carol M. Browner, Administrator, Environ- Rockefeller. mental Protection Agency; Roberta J. Savage, Asso- Subcommittee on Oceans and Fisheries: Senators Ste- ciation of State and Interstate Water Pollution Con- vens (Chairman), Gorton, Snowe, Pressler, Kerry, trol Administrators, Washington, D.C.; William J. Inouye, and Breaux. Birkhofer, Sverdrup Corp., Arlington, Virginia; and Subcommittee on Science, Technology, and Space: Sen- Christopher Tulou, Delaware Department of Natural ators Burns (Chairman), Pressler, Hutchison, Stevens, Resources and Environmental Control, Dover. Lott, Rockefeller, Kerry, Bryan, and Dorgan. Subcommittee on Surface Transportation and Merchant NOMINATIONS Marine: Senators Lott (Chairman), Hutchison, Ste- Committee on Armed Services: Committee ordered favor- vens, Burns, Snowe, Frist, Inouye, Exon, Breaux, ably reported the nominations of H. Martin Lan- Dorgan, and Bryan. h House of Representatives Designation of Speaker Pro Tempore: Read and Chamber Action accepted a letter from the Speaker wherein he des- Bills Introduced: 3 public bills, H.R. 2902–2904 ignated Representative Goss to act as Speaker pro were introduced. Page H922 tempore to sign enrolled bills and joint resolutions Speaker Pro Tempore: Read a letter from the through Tuesday, January 30. Page H915 Speaker wherein he designated Representative Legislative Program: Agreed to adjourn from today Barrett of Nebraska to act as Speaker pro tempore until Tuesday, January 30 at 12:30 p.m. Page H915 for today. Page H915 January 26, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D 43 Calendar Wednesday: Agreed to dispense with Cal- CONGRESSIONAL PROGRAM AHEAD endar Wednesday business of January 31. Page H915 Week of January 29 through February 3, 1996 Recess: It was made in order for the Speaker to de- clare a recess, at any time on Thursday, February 1, Senate Chamber subject to the call of the Chair, for the purpose of On Tuesday and Wednesday, Senate will conduct receiving in joint meeting His Excellency Jacques routine morning business. Chirac, President of France. Page H915 On Thursday, Senate will consider S. 1541, Farm Recess: House recessed at 12:51 p.m. and recon- bill, with a cloture vote on a motion to proceed to consideration of the bill to occur thereon. vened at 6:54 p.m. Page H922 (Senate and House will hold a joint meeting on Thurs- Senate Messages: Message received from the Senate day, February 1, 1996, at 11:45 a.m., to receive an ad- today appears on page H922. dress from His Excellency Jacques Chirac, President of the Quorum Calls—Votes: No quorum calls or votes French Republic.) developed during the proceedings of the House Senate Committees today. (Committee meetings are open unless otherwise indicated) Adjournment: Met at noon and adjourned at 6:55 Committee on Finance: January 31, to hold hearings to p.m. examine proposals to restructure the tax system, focusing House Chamber on the National Commission on Economic Growth and Tax Reform’s report on tax reform, 10 a.m., SD–215. Monday, House is not in session. Special Committee To Investigate Whitewater Development Tuesday, Consideration of the following three Sus- Corporation and Related Matters: January 30 and 31 and pensions: February 1, to resume hearings to examine certain mat- 1. H.R. , Flow Control Act of 1996; ters relative to the Whitewater Development Corporation, 10 a.m., SH–216. 2. H.R. 2795, Amending the Trade Act of 1974 and the Tariff Act of 1930 Regarding Certain Inves- House Committees tigations Involving Perishable Agricultural Products; Committee on Agriculture, January 30, to mark up H.R. and 2854, Agriculture Market Transition Act, 10 a.m., 1300 3. H.R. 2036, Land Disposal Program Flexibility Longworth. Act. Committee on Commerce, January 31, Subcommittee on (Recorded votes ordered on Suspensions will be postponed Health and Environment, hearing on Priorities for Reau- until Wednesday, January 31.) thorization of the Safe Drinking Water Act, 9 a.m., 2123 Rayburn. Wednesday, Consideration of H.R. 2854, Agri- February 1, Subcommittee on Energy and Power, over- culture Market Transition Act. sight hearing on the Public Utility Regulatory Policies Thursday, Joint meeting to receive the President of Act and its Role in Increasingly Competitive Electricity France; Markets, 1 p.m., 2123 Rayburn. Sense of the House Resolution Regarding Medi- Committee on Economic and Educational Opportunities, Janu- care, Medicaid, and Welfare Reform; and ary 31, hearing on ‘‘What Works in Public Schools,’’ Possible Vote on President’s Recent Budget Sub- 9:30 a.m., 2175 Rayburn. Committee on the Judiciary, January 31, Subcommittee on mission. Crime, oversight hearing regarding the FBI murder inves- NOTE:—Conference reports may be brought up at tigations in Haiti, 1:30 p.m., 2237 Rayburn. any time. Any further program will be announced Committee on Standards of Official Conduct, January 31, later. executive, to consider pending business, 1:30 p.m., HT–2M Capitol. Committee on Transportation and Infrastructure, January Committee Meetings 31, Subcommittee on Water Resources and Environment, hearing on H.R. 2747, Water Supply Infrastructure As- No Committee meetings were held. sistance Act of 1995, 9 a.m., 2167 Rayburn. D 44 CONGRESSIONAL RECORD — DAILY DIGEST January 26, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Tuesday, January 30 12:30 p.m., Tuesday, January 30

Senate Chamber House Chamber Program for Tuesday: Senate will conduct routine Program for Tuesday: Consideration of the following morning business, not to extend beyond 1 p.m. three Suspensions: 1. H.R. , Flow Control Act of 1996; 2. H.R. 2795, Amending the Trade Act of 1974 and the Tariff Act of 1930 Regarding Certain Investigations Involving Perishable Agricultural Products; and 3. H.R. 2036, Land Disposal Program Flexibility Act.

Extensions of Remarks, as inserted in this issue

HOUSE Blute, Peter, Mass., E107 Rogers, Harold, Ky., E107 Edwards, Chet, Tex., E108 Serrano, Jose´ E., N.Y., E108 Bliley, Thomas J., Jr., Va., E108 Pomeroy, Earl, N. Dak., E107 Stokes, Louis, Ohio, E107

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.